S.B. No. 2376
AN ACT
relating to the issuance of Support Adoption specialty license
plates and to the Support Adoption account and certain voluntary
contributions to that account.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 402.036, Government Code,
is amended to read as follows:
Sec. 402.036. SUPPORT ADOPTION [CHOOSE LIFE] ACCOUNT.
SECTION 2. Sections 402.036(a), (b), (b-1), (e), (f), and
(g), Government Code, are amended to read as follows:
(a) The Support Adoption [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
Sections [Section] 504.662 and 521.015, Transportation Code; and
(2) gifts, grants, donations, and legislative
appropriations.
(b) The attorney general administers the Support Adoption
[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,
including the cost of advertising authorized by Subsection (b-1).
(b-1) The attorney general may advertise that fees paid for
the issuance of a license plate in accordance with Section 504.662,
Transportation Code, may be used to fund the grants described by
Subsection (b)(1), provided that the money spent under this
subsection does not exceed two percent of the amount of gross
receipts deposited to the Support Adoption [Choose Life] account
during the preceding state fiscal year.
(e) The attorney general by rule shall establish:
(1) guidelines for the expenditure of money credited
to the Support Adoption [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 children [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:
(1) an organization in this state that:
(A) [(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;
(B) [(2)] provides counseling and material
assistance to pregnant women who are considering placing their
children for adoption or to prospective adoptive parents;
(C) [(3)] does not charge for services provided,
except for adoption-related costs or fees;
(D) [(4)] does not provide abortions or
abortion-related services or make referrals to abortion providers;
(E) [(5)] is not affiliated with an organization
that provides abortions or abortion-related services or makes
referrals to abortion providers; and
(F) [(6)] does not contract with an organization
that provides abortions or abortion-related services or makes
referrals to abortion providers;
(2) an adoption agency, as defined by Section 162.402,
Family Code; and
(3) an authorized agency, as defined by Section
162.402, Family Code.
SECTION 3. The heading to Section 402.037, Government Code,
is amended to read as follows:
Sec. 402.037. SUPPORT ADOPTION [CHOOSE LIFE] ADVISORY
COMMITTEE.
SECTION 4. Sections 402.037(a) and (b), Government Code,
are amended to read as follows:
(a) The attorney general shall appoint a seven-member
Support Adoption [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 Support Adoption [Choose
Life] account.
SECTION 5. Section 504.662, Transportation Code, is amended
to read as follows:
Sec. 504.662. SUPPORT ADOPTION [CHOOSE LIFE] LICENSE
PLATES. (a) The department shall issue specially designed
license plates that include the words "Support Adoption [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 Support Adoption [Choose Life] account
established by Section 402.036, Government Code.
SECTION 6. Subchapter A, Chapter 521, Transportation Code,
is amended by adding Section 521.015 to read as follows:
Sec. 521.015. VOLUNTARY CONTRIBUTION TO SUPPORT
ADOPTION. (a) When a person applies for an original or renewal
driver's license or personal identification certificate under this
chapter, the person may contribute any amount to the Support
Adoption account established by Section 402.036, Government Code,
to support adoption.
(b) The department shall:
(1) include space on the first page of each
application for an original or renewal driver's license or personal
identification certificate that allows a person applying for an
original or renewal driver's license or personal identification
certificate to indicate the amount that the person is voluntarily
contributing to the account; and
(2) provide an opportunity for the person to
contribute to the account during the application process for an
original or renewal driver's license or personal identification
certificate on the department's Internet website.
(c) The department shall send any contribution made under
this section to the comptroller for deposit to the credit of the
Support Adoption account established by Section 402.036,
Government Code, not later than the 14th day of each month. Before
sending the money to the comptroller, the department may deduct
money equal to the amount of reasonable expenses for administering
this section.
SECTION 7. Not later than December 31, 2023, the Department
of Public Safety shall provide an opportunity for a person who
applies for an original or renewal driver's license or personal
identification certificate to make a voluntary contribution to
support adoption, as required by Section 521.015, Transportation
Code, as added by this Act.
SECTION 8. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2376 passed the Senate on
May 15, 2023, by the following vote: Yeas 28, Nays 3; and that the
Senate concurred in House amendment on May 26, 2023, by the
following vote: Yeas 28, Nays 3.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2376 passed the House, with
amendment, on May 24, 2023, by the following vote: Yeas 142,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor