(a) An applicant must be an eligible organization. An "eligible organization" means an organization in this state that:
  (1) is exempt from federal income taxation under §501(a), Internal Revenue Code of 1986, by being listed as an exempt charitable organization under §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.
(b) The OAG may not discriminate against an eligible organization because it is a religious or nonreligious organization.

Source Note: The provisions of this §54.6 adopted to be effective May 26, 2013, 38 TexReg 2975