1 | 1 | | S.B. No. 2376 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the issuance of Support Adoption specialty license |
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6 | 6 | | plates and to the Support Adoption account and certain voluntary |
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7 | 7 | | contributions to that account. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. The heading to Section 402.036, Government Code, |
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10 | 10 | | is amended to read as follows: |
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11 | 11 | | Sec. 402.036. SUPPORT ADOPTION [CHOOSE LIFE] ACCOUNT. |
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12 | 12 | | SECTION 2. Sections 402.036(a), (b), (b-1), (e), (f), and |
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13 | 13 | | (g), Government Code, are amended to read as follows: |
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14 | 14 | | (a) The Support Adoption [Choose Life] account is a separate |
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15 | 15 | | account in the general revenue fund. The account is composed of: |
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16 | 16 | | (1) money deposited to the credit of the account under |
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17 | 17 | | Sections [Section] 504.662 and 521.015, Transportation Code; and |
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18 | 18 | | (2) gifts, grants, donations, and legislative |
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19 | 19 | | appropriations. |
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20 | 20 | | (b) The attorney general administers the Support Adoption |
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21 | 21 | | [Choose Life] account. The attorney general may spend money |
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22 | 22 | | credited to the account only to: |
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23 | 23 | | (1) make grants to an eligible organization; and |
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24 | 24 | | (2) defray the cost of administering the account, |
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25 | 25 | | including the cost of advertising authorized by Subsection (b-1). |
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26 | 26 | | (b-1) The attorney general may advertise that fees paid for |
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27 | 27 | | the issuance of a license plate in accordance with Section 504.662, |
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28 | 28 | | Transportation Code, may be used to fund the grants described by |
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29 | 29 | | Subsection (b)(1), provided that the money spent under this |
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30 | 30 | | subsection does not exceed two percent of the amount of gross |
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31 | 31 | | receipts deposited to the Support Adoption [Choose Life] account |
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32 | 32 | | during the preceding state fiscal year. |
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33 | 33 | | (e) The attorney general by rule shall establish: |
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34 | 34 | | (1) guidelines for the expenditure of money credited |
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35 | 35 | | to the Support Adoption [Choose Life] account; and |
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36 | 36 | | (2) reporting and other mechanisms necessary to ensure |
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37 | 37 | | that the money is spent in accordance with this section. |
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38 | 38 | | (f) Money received by an eligible organization under this |
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39 | 39 | | section may be spent only to provide for the material needs of |
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40 | 40 | | pregnant women who are considering placing their children for |
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41 | 41 | | adoption, including the provision of clothing, housing, prenatal |
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42 | 42 | | care, food, utilities, and transportation, to provide for the needs |
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43 | 43 | | of children [infants] who are awaiting placement with adoptive |
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44 | 44 | | parents, to provide training and advertising relating to adoption, |
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45 | 45 | | and to provide pregnancy testing or pre-adoption or postadoption |
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46 | 46 | | counseling, but may not be used to pay an administrative, legal, or |
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47 | 47 | | capital expense. |
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48 | 48 | | (g) In this section, "eligible organization" means: |
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49 | 49 | | (1) an organization in this state that: |
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50 | 50 | | (A) [(1)] is exempt from federal income taxation |
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51 | 51 | | under Section 501(a), Internal Revenue Code of 1986, by being |
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52 | 52 | | listed as an exempt charitable organization under Section 501(c)(3) |
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53 | 53 | | of that code; |
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54 | 54 | | (B) [(2)] provides counseling and material |
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55 | 55 | | assistance to pregnant women who are considering placing their |
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56 | 56 | | children for adoption or to prospective adoptive parents; |
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57 | 57 | | (C) [(3)] does not charge for services provided, |
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58 | 58 | | except for adoption-related costs or fees; |
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59 | 59 | | (D) [(4)] does not provide abortions or |
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60 | 60 | | abortion-related services or make referrals to abortion providers; |
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61 | 61 | | (E) [(5)] is not affiliated with an organization |
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62 | 62 | | that provides abortions or abortion-related services or makes |
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63 | 63 | | referrals to abortion providers; and |
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64 | 64 | | (F) [(6)] does not contract with an organization |
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65 | 65 | | that provides abortions or abortion-related services or makes |
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66 | 66 | | referrals to abortion providers; |
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67 | 67 | | (2) an adoption agency, as defined by Section 162.402, |
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68 | 68 | | Family Code; and |
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69 | 69 | | (3) an authorized agency, as defined by Section |
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70 | 70 | | 162.402, Family Code. |
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71 | 71 | | SECTION 3. The heading to Section 402.037, Government Code, |
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72 | 72 | | is amended to read as follows: |
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73 | 73 | | Sec. 402.037. SUPPORT ADOPTION [CHOOSE LIFE] ADVISORY |
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74 | 74 | | COMMITTEE. |
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75 | 75 | | SECTION 4. Sections 402.037(a) and (b), Government Code, |
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76 | 76 | | are amended to read as follows: |
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77 | 77 | | (a) The attorney general shall appoint a seven-member |
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78 | 78 | | Support Adoption [Choose Life] advisory committee. |
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79 | 79 | | (b) The committee shall: |
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80 | 80 | | (1) meet at least twice a year or as called by the |
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81 | 81 | | attorney general; |
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82 | 82 | | (2) assist the attorney general in developing rules |
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83 | 83 | | under Section 402.036(e); and |
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84 | 84 | | (3) review and make recommendations to the attorney |
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85 | 85 | | general on applications submitted to the attorney general for |
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86 | 86 | | grants funded with money credited to the Support Adoption [Choose |
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87 | 87 | | Life] account. |
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88 | 88 | | SECTION 5. Section 504.662, Transportation Code, is amended |
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89 | 89 | | to read as follows: |
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90 | 90 | | Sec. 504.662. SUPPORT ADOPTION [CHOOSE LIFE] LICENSE |
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91 | 91 | | PLATES. (a) The department shall issue specially designed |
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92 | 92 | | license plates that include the words "Support Adoption [Choose |
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93 | 93 | | Life]." The department shall design the license plates in |
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94 | 94 | | consultation with the attorney general. |
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95 | 95 | | (b) After deduction of the department's administrative |
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96 | 96 | | costs, the department shall deposit the remainder of the fee for |
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97 | 97 | | issuance of license plates under this section in the state treasury |
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98 | 98 | | to the credit of the Support Adoption [Choose Life] account |
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99 | 99 | | established by Section 402.036, Government Code. |
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100 | 100 | | SECTION 6. Subchapter A, Chapter 521, Transportation Code, |
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101 | 101 | | is amended by adding Section 521.015 to read as follows: |
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102 | 102 | | Sec. 521.015. VOLUNTARY CONTRIBUTION TO SUPPORT |
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103 | 103 | | ADOPTION. (a) When a person applies for an original or renewal |
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104 | 104 | | driver's license or personal identification certificate under this |
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105 | 105 | | chapter, the person may contribute any amount to the Support |
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106 | 106 | | Adoption account established by Section 402.036, Government Code, |
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107 | 107 | | to support adoption. |
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108 | 108 | | (b) The department shall: |
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109 | 109 | | (1) include space on the first page of each |
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110 | 110 | | application for an original or renewal driver's license or personal |
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111 | 111 | | identification certificate that allows a person applying for an |
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112 | 112 | | original or renewal driver's license or personal identification |
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113 | 113 | | certificate to indicate the amount that the person is voluntarily |
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114 | 114 | | contributing to the account; and |
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115 | 115 | | (2) provide an opportunity for the person to |
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116 | 116 | | contribute to the account during the application process for an |
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117 | 117 | | original or renewal driver's license or personal identification |
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118 | 118 | | certificate on the department's Internet website. |
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119 | 119 | | (c) The department shall send any contribution made under |
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120 | 120 | | this section to the comptroller for deposit to the credit of the |
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121 | 121 | | Support Adoption account established by Section 402.036, |
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122 | 122 | | Government Code, not later than the 14th day of each month. Before |
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123 | 123 | | sending the money to the comptroller, the department may deduct |
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124 | 124 | | money equal to the amount of reasonable expenses for administering |
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125 | 125 | | this section. |
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126 | 126 | | SECTION 7. Not later than December 31, 2023, the Department |
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127 | 127 | | of Public Safety shall provide an opportunity for a person who |
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128 | 128 | | applies for an original or renewal driver's license or personal |
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129 | 129 | | identification certificate to make a voluntary contribution to |
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130 | 130 | | support adoption, as required by Section 521.015, Transportation |
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131 | 131 | | Code, as added by this Act. |
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132 | 132 | | SECTION 8. This Act takes effect September 1, 2023. |
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133 | 133 | | ______________________________ ______________________________ |
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134 | 134 | | President of the Senate Speaker of the House |
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135 | 135 | | I hereby certify that S.B. No. 2376 passed the Senate on |
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136 | 136 | | May 15, 2023, by the following vote: Yeas 28, Nays 3; and that the |
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137 | 137 | | Senate concurred in House amendment on May 26, 2023, by the |
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138 | 138 | | following vote: Yeas 28, Nays 3. |
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139 | 139 | | ______________________________ |
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140 | 140 | | Secretary of the Senate |
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141 | 141 | | I hereby certify that S.B. No. 2376 passed the House, with |
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142 | 142 | | amendment, on May 24, 2023, by the following vote: Yeas 142, |
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143 | 143 | | Nays 0, one present not voting. |
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144 | 144 | | ______________________________ |
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145 | 145 | | Chief Clerk of the House |
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146 | 146 | | Approved: |
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147 | 147 | | ______________________________ |
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148 | 148 | | Date |
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149 | 149 | | ______________________________ |
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150 | 150 | | Governor |
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