§ 402.036 — SUPPORT ADOPTION ACCOUNT.

Texas § 402.036

• Jurisdiction: Texas
• Code GV: Government Code

Text

Sec. 402.036. SUPPORT ADOPTION ACCOUNT. (a) The Support Adoption 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 504.662 and 521.015 , Transportation Code; and
(2) gifts, grants, donations, and legislative appropriations.
(b) The attorney general administers the Support Adoption 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 account during the preceding state fiscal year.
(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 Support Adoption 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 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) 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) provides counseling and material assistance to pregnant women who are considering placing their children for adoption or to prospective adoptive parents;
(C) does not charge for services provided, except for adoption-related costs or fees;
(D) does not provide abortions or abortion-related services or make referrals to abortion providers;
(E) is not affiliated with an organization that provides abortions or abortion-related services or makes referrals to abortion providers; and
(F) 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.

Legislative History

Added by Acts 2011, 82nd Leg., R.S., Ch. 63 (S.B. 257 ), Sec. 2, eff. September 1, 2011. Amended by: Acts 2019, 86th Leg., R.S., Ch. 808 (H.B. 2271 ), Sec. 1, eff. September 1, 2019. Acts 2023, 88th Leg., R.S., Ch. 977 (S.B. 2376 ), Sec. 1, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 977 (S.B. 2376 ), Sec. 2, eff. September 1, 2023.