| 1 | 1 | | 81R1276 JD-F |
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| 2 | 2 | | By: Phillips H.B. No. 109 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the issuance of "Choose Life" license plates and the |
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| 8 | 8 | | creation of the Choose Life account in the general revenue fund. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter G, Chapter 504, Transportation Code, |
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| 11 | 11 | | is amended by adding Section 504.659 to read as follows: |
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| 12 | 12 | | Sec. 504.659. CHOOSE LIFE LICENSE PLATES. (a) The |
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| 13 | 13 | | department shall issue specially designed license plates that |
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| 14 | 14 | | include the words "Choose Life." The department shall design the |
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| 15 | 15 | | license plates in consultation with the attorney general. |
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| 16 | 16 | | (b) After deduction of the department's administrative |
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| 17 | 17 | | costs, the department shall deposit the remainder of the fee for |
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| 18 | 18 | | issuance of license plates under this section in the state treasury |
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| 19 | 19 | | to the credit of the Choose Life account established by Section |
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| 20 | 20 | | 402.035, Government Code. |
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| 21 | 21 | | SECTION 2. Subchapter B, Chapter 402, Government Code, is |
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| 22 | 22 | | amended by adding Sections 402.035 and 402.036 to read as follows: |
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| 23 | 23 | | Sec. 402.035. CHOOSE LIFE ACCOUNT. (a) The Choose Life |
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| 24 | 24 | | account is a separate account in the general revenue fund. The |
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| 25 | 25 | | account is composed of: |
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| 26 | 26 | | (1) money deposited to the credit of the account under |
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| 27 | 27 | | Section 504.659, Transportation Code; and |
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| 28 | 28 | | (2) gifts, grants, donations, and legislative |
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| 29 | 29 | | appropriations. |
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| 30 | 30 | | (b) The attorney general administers the Choose Life |
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| 31 | 31 | | account. The attorney general may spend money credited to the |
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| 32 | 32 | | account only to: |
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| 33 | 33 | | (1) make grants to an eligible organization; and |
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| 34 | 34 | | (2) defray the cost of administering the account. |
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| 35 | 35 | | (c) The attorney general may not discriminate against an |
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| 36 | 36 | | eligible organization because it is a religious or nonreligious |
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| 37 | 37 | | organization. |
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| 38 | 38 | | (d) The attorney general may accept gifts, donations, and |
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| 39 | 39 | | grants from any source for the benefit of the account. |
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| 40 | 40 | | (e) The attorney general by rule shall establish: |
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| 41 | 41 | | (1) guidelines for the expenditure of money credited |
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| 42 | 42 | | to the Choose Life account; and |
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| 43 | 43 | | (2) reporting and other mechanisms necessary to ensure |
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| 44 | 44 | | that the money is spent in accordance with this section. |
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| 45 | 45 | | (f) Of any money received by an eligible organization under |
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| 46 | 46 | | this section, at least 50 percent must be spent to provide for the |
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| 47 | 47 | | material needs of pregnant women who are considering placing their |
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| 48 | 48 | | children for adoption, including the provision of clothing, |
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| 49 | 49 | | housing, prenatal care, food, utilities, and transportation, and to |
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| 50 | 50 | | provide for the needs of infants who are awaiting placement with |
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| 51 | 51 | | adoptive parents. The remainder may be used to provide counseling, |
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| 52 | 52 | | training, advertising, and pregnancy testing, but may not be used |
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| 53 | 53 | | to pay an administrative, legal, or capital expense. |
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| 54 | 54 | | (g) In this section, "eligible organization" means an |
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| 55 | 55 | | organization in this state that: |
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| 56 | 56 | | (1) qualifies as a charitable organization under |
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| 57 | 57 | | Section 501(c)(3), Internal Revenue Code of 1986; |
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| 58 | 58 | | (2) provides counseling and material assistance to |
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| 59 | 59 | | pregnant women who are considering placing their children for |
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| 60 | 60 | | adoption; |
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| 61 | 61 | | (3) does not charge for services provided; |
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| 62 | 62 | | (4) does not provide abortions or abortion-related |
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| 63 | 63 | | services or make referrals to abortion providers; |
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| 64 | 64 | | (5) is not affiliated with an organization that |
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| 65 | 65 | | provides abortions or abortion-related services or makes referrals |
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| 66 | 66 | | to abortion providers; and |
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| 67 | 67 | | (6) does not contract with an organization that |
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| 68 | 68 | | provides abortions or abortion-related services or makes referrals |
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| 69 | 69 | | to abortion providers. |
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| 70 | 70 | | Sec. 402.036. CHOOSE LIFE ADVISORY COMMITTEE. (a) The |
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| 71 | 71 | | attorney general shall appoint a seven-member Choose Life advisory |
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| 72 | 72 | | committee. |
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| 73 | 73 | | (b) The committee shall: |
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| 74 | 74 | | (1) meet at least twice a year or as called by the |
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| 75 | 75 | | attorney general; |
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| 76 | 76 | | (2) assist the attorney general in developing rules |
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| 77 | 77 | | under Section 402.035(e); and |
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| 78 | 78 | | (3) review and make recommendations to the attorney |
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| 79 | 79 | | general on applications submitted to the attorney general for |
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| 80 | 80 | | grants funded with money credited to the Choose Life account. |
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| 81 | 81 | | (c) Members of the committee serve without compensation and |
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| 82 | 82 | | are not entitled to reimbursement for expenses. Each member serves |
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| 83 | 83 | | a term of four years, with the terms of three or four members |
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| 84 | 84 | | expiring on January 31 of each odd-numbered year. |
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| 85 | 85 | | SECTION 3. This Act takes effect September 1, 2009. |
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