82R1017 VOO-F

By: Phillips, et al. H.B. No. 238

A BILL TO BE ENTITLED

AN ACT

relating to the issuance of "Choose Life" license plates and the

creation of the Choose Life account in the general revenue fund.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter G, Chapter 504, Transportation Code,

is amended by adding Section 504.662 to read as follows:

Sec. 504.662. CHOOSE LIFE LICENSE PLATES. (a) The

department shall issue specially designed license plates that

include the words "Choose Life." The department shall design the

license plates in consultation with the attorney general.

(b) After deduction of the department's administrative

costs, the department shall deposit the remainder of the fee for

issuance of license plates under this section in the state treasury

to the credit of the Choose Life account established by Section

402.036, Government Code.

SECTION 2. Subchapter B, Chapter 402, Government Code, is

amended by adding Sections 402.036 and 402.037 to read as follows:

Sec. 402.036. CHOOSE LIFE ACCOUNT. (a) The Choose Life

account is a separate account in the general revenue fund. The

account is composed of:

(1) money deposited to the credit of the account under

Section 504.662, Transportation Code; and

(2) gifts, grants, donations, and legislative

appropriations.

(b) The attorney general administers the Choose Life

account. The attorney general may spend money credited to the

account only to:

(1) make grants to an eligible organization; and

(2) defray the cost of administering the account.

(c) The attorney general may not discriminate against an

eligible organization because it is a religious or nonreligious

organization.

(d) The attorney general may accept gifts, donations, and

grants from any source for the benefit of the account.

(e) The attorney general by rule shall establish:

(1) guidelines for the expenditure of money credited

to the Choose Life account; and

(2) reporting and other mechanisms necessary to ensure

that the money is spent in accordance with this section.

(f) Money received by an eligible organization under this

section may be spent only to provide for the material needs of

pregnant women who are considering placing their children for

adoption, including the provision of clothing, housing, prenatal

care, food, utilities, and transportation, to provide for the needs

of infants who are awaiting placement with adoptive parents, to

provide training and advertising relating to adoption, and to

provide pregnancy testing or pre-adoption or postadoption

counseling, but may not be used to pay an administrative, legal, or

capital expense.

(g) In this section, "eligible organization" means an

organization in this state that:

(1) is exempt from federal income taxation under

Section 501(a), Internal Revenue Code of 1986, by being listed as an

exempt charitable organization under Section 501(c)(3) of that

code;

(2) provides counseling and material assistance to

pregnant women who are considering placing their children for

adoption;

(3) does not charge for services provided;

(4) does not provide abortions or abortion-related

services or make referrals to abortion providers;

(5) is not affiliated with an organization that

provides abortions or abortion-related services or makes referrals

to abortion providers; and

(6) does not contract with an organization that

provides abortions or abortion-related services or makes referrals

to abortion providers.

Sec. 402.037. CHOOSE LIFE ADVISORY COMMITTEE. (a) The

attorney general shall appoint a seven-member Choose Life advisory

committee.

(b) The committee shall:

(1) meet at least twice a year or as called by the

attorney general;

(2) assist the attorney general in developing rules

under Section 402.036(e); and

(3) review and make recommendations to the attorney

general on applications submitted to the attorney general for

grants funded with money credited to the Choose Life account.

(c) Members of the committee serve without compensation and

are not entitled to reimbursement for expenses. Each member serves

a term of four years, with the terms of three or four members

expiring on January 31 of each odd-numbered year.

(d) Chapter 2110, Government Code, does not apply to the

committee.

SECTION 3. This Act takes effect September 1, 2011.