By: Carona, et al. S.B. No. 257
(Phillips, Schwertner, et al.)
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.