BILL ANALYSIS

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

The Choose Life Fund is a specialty license plate program in Texas that was established in 2011. The program allows Texas drivers to purchase specialty license plates to raise money for adoption-related services in the state. The funds are granted to nonprofit organizations that provide for material needs of pregnant women considering adoption or for infants awaiting adoption. Allowable expenditures include clothing, housing, prenatal care, pregnancy testing, food, utilities, transportation, and pre-adoption or post adoption counseling.

In Fiscal Year 2023, the Choose Life Fund was only capable of awarding a total of $13,395.00 to nonprofit organizations. In the United States, an estimated 135,000 children are put up for adoption every year and that number is expected to go up. Any dollar amount is helpful; however, it is clear that this program needs to revamp and expand so that the State of Texas can support as many women and children as possible acquire vital resources throughout the adoption process.

S.B. 2376 seeks to increase funds to help birth mothers, children, and prospective adoptive parents by changing the name of the fund from The Choose Life Account to the Support Adoption Account, making it clear that the donated dollars are used solely to support adoption. Additionally, S.B. 2376 will direct the Texas Department of Motor Vehicles (TxDMV) to present an option to donate to the Support Adoption Fund prior to payment for a Texas driver's license or driver's license renewal.

The hope is that these combined changes will substantially increase the dollar amount within the fund by casting a wider net because supporting women, children, and prospective adoptive parents gain access to critical resources throughout an adoption process is generally not partisan. Texans from all walks of life may want to donate, and these changes will unite Texans to help hundreds of thousands of women and children experience a healthy, positive, and successful adoption outcome.

The Bill:

Renames the Choose Life Account within the Office of the Attorney General to the Support Adoption Account.

In addition to birth mothers and infants, S.B. 2376 extends use of the funds to assist children of all ages and prospective adoptive parents.

Directs TxDMV to present an option to donate to the Support Adoption Fund prior to payment for a Texas driver's license, driver's license renewal, or personal identification card application.

As proposed, S.B. 2376 amends current law relating to the issuance of Support Adoption specialty license plates and to the Support Adoption account and certain voluntary contributions to that account.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends the heading to Section 402.036, Government Code, to read as follows:

Sec. 402.036. SUPPORT ADOPTION ACCOUNT.

SECTION 2. Amends Sections 402.036(a), (b), (b-1), (e), (f), and (g), Government Code, as follows:

(a) Provides that the Support Adoption account (account), rather than the Choose Life account, is a separate account in the general revenue fund. Provides that the account is composed of money deposited to the credit of the account under Sections 504.662 and 521.015, Transportation Code. Makes a nonsubstantive change.

(b)-(e) Makes conforming changes to these subsections.

(f) Authorizes money received by an eligible organization under this section 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, rather than 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 prohibits that money from being used to pay an administrative, legal, or capital expense.

(g) Redefines "eligible organization."

SECTION 3. Amends the heading to Section 402.037, Government Code, to read as follows:

Sec. 402.037. SUPPORT ADOPTION ADVISORY COMMITTEE.

SECTION 4. Amends Sections 402.037(a) and (b), Government Code, as follows:

(a) Requires the attorney general to appoint a seven-member Support Adoption advisory committee, rather than a Choose Life advisory committee.

(b) Makes conforming changes to this subsection.

SECTION 5. Amends Section 504.662, Transportation Code, as follows:

Sec. 504.662. New heading: SUPPORT ADOPTION LICENSE PLATES. (a) Requires the Texas Department of Motor Vehicles (TxDMV) to issue specially designed license plates that include the words "Support Adoption," rather than "Choose Life."

(b) Requires TxDMV, after deduction of TxDMV's administrative costs, to deposit the remainder of the fee for issuance of license plates under this section in the state treasury to the credit of the account established by Section 402.036, Government Code.

SECTION 6. Amends Subchapter A, Chapter 521, Transportation Code, by adding Section 521.015, as follows:

Sec. 521.015. VOLUNTARY CONTRIBUTION TO SUPPORT ADOPTION. (a) Authorizes a person, when a person applies for an original or renewal driver's license or personal identification certificate under Chapter 521 (Driver's Licenses and Certificates), to contribute any amount to the account established by Section 402.036, Government Code, to support adoption.

(b) Requires the Department of Public Safety of the State of Texas (DPS) to 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 to 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 DPS's Internet website.

(c) Requires DPS to send any contribution made under this section to the Comptroller of Public Accounts of the State of Texas (comptroller) for deposit to the credit of the account established by Section 402.036, Government Code, not later than the 14th day of each month. Authorizes DPS, before sending the money to the comptroller, to deduct money equal to the amount of reasonable expenses for administering this section.

SECTION 7. Requires DPS, not later than December 31, 2023, to 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. Effective date: September 1, 2023.