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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation and activities of the Texas Produced Water |
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Consortium. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 109, Education Code, is amended by |
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adding Subchapter E to read as follows: |
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SUBCHAPTER E. TEXAS PRODUCED WATER CONSORTIUM |
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Sec. 109.201. DEFINITIONS. In this subchapter: |
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(1) "Agency advisory council" means the agency |
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advisory council created under Section 109.202. |
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(2) "Consortium" means the Texas Produced Water |
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Consortium. |
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(3) "Fluid oil and gas waste" has the meaning assigned |
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by Section 122.001, Natural Resources Code. |
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(4) "Host university" means Texas Tech University. |
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(5) "Private entity" means an individual, |
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corporation, or nonprofit corporation. |
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(6) "Stakeholder advisory council" means the |
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stakeholder advisory council created under Section 109.202. |
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(7) "Technical and economic steering committee" means |
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the technical and economic steering committee created under Section |
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109.202. |
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Sec. 109.202. TEXAS PRODUCED WATER CONSORTIUM. The Texas |
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Produced Water Consortium is a consortium consisting of the host |
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university, the agency advisory council, the stakeholder advisory |
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council, the technical and economic steering committee, and private |
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entities. The consortium is created to bring together information |
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resources to study the economics of and technology related to, and |
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the environmental and public health considerations for, beneficial |
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uses of fluid oil and gas waste. |
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Sec. 109.203. ADMINISTRATION. (a) The agency advisory |
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council is composed of representatives of the: |
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(1) Department of Agriculture; |
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(2) General Land Office; |
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(3) Parks and Wildlife Department; |
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(4) Railroad Commission of Texas; |
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(5) State Energy Conservation Office; |
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(6) Texas Commission on Environmental Quality; |
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(7) Texas Economic Development and Tourism Office |
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within the office of the governor; and |
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(8) Texas Water Development Board. |
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(b) Each entity described by Subsection (a) shall select a |
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representative to serve on the agency advisory council. |
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(c) The agency advisory council shall meet as often as |
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necessary to ensure the consortium meets the requirements of this |
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subchapter. |
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(d) The agency advisory council shall advise the consortium |
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on matters related to the subject matter expertise of the agencies |
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represented, including matters related to the regulation and |
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permitting of and treatment standards for fluid oil and gas waste. |
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Treatment standards may include a fit for purpose requirement and |
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regulations necessary for the protection of public health and the |
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environment. |
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(e) The stakeholder advisory council is composed of |
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representatives of: |
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(1) the oil and gas industry; |
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(2) agricultural water users; |
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(3) industrial water users; |
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(4) environmental interests; |
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(5) fluid oil and gas waste recycling operators; |
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(6) public water utilities; |
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(7) landowners or owners of groundwater rights; |
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(8) commercial water recyclers and midstream water |
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companies; and |
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(9) other appropriate interests or industries. |
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(f) The host university shall appoint members to the |
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stakeholder advisory council from members of the consortium. If no |
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member of the consortium represents an interest or industry |
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described by Subsection (e), the host university may appoint a |
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person to represent the interest or industry from outside the |
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consortium. |
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(g) The stakeholder advisory council shall advise the |
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consortium on matters related to research, investigation, and |
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contract development. |
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(h) The technical and economic steering committee is |
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composed of members appointed by the host university to provide |
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technical, economic, and scientific expertise. The technical and |
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economic steering committee shall determine the feasibility of |
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proposals for research or investigation by the consortium and |
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decide which proposals the consortium will accept for research or |
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investigation. |
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Sec. 109.204. DUTIES. (a) The consortium shall study the |
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economic, environmental, and public health considerations of |
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beneficial uses of fluid oil and gas waste and technology needed for |
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those uses. After October 1, 2022: |
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(1) the research and investigation goals of the |
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consortium shall be directed by the members of the consortium; and |
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(2) the host university may disband the consortium if |
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the host university determines that the consortium does not have |
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sufficient membership. |
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(a-1) This subsection expires October 1, 2022. Not later |
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than September 1, 2022, the consortium shall produce a report that |
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includes: |
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(1) suggested changes to laws and administrative rules |
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to better enable beneficial uses of fluid oil and gas waste, |
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including specific changes designed to find and define beneficial |
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uses for fluid oil and gas waste outside of the oil and gas |
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industry; |
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(2) suggested guidance for establishing fluid oil and |
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gas waste permitting and testing standards; |
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(3) a technologically and economically feasible pilot |
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project for state participation in a facility designed and operated |
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to recycle fluid oil and gas waste; and |
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(4) an economic model for using fluid oil and gas waste |
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in a way that is economical and efficient and that protects public |
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health and the environment. |
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(b) The host university shall: |
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(1) provide staff and other resources necessary for |
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the consortium to meet the requirements of this subchapter; |
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(2) consult with the New Mexico Produced Water |
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Research Consortium and that consortium's Government Advisory |
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Board on research, data, and any other matter related to the |
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consortium; and |
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(3) solicit participation from: |
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(A) the oil and gas industry; |
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(B) agricultural water users; |
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(C) industrial water users; |
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(D) environmental interests; |
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(E) fluid oil and gas waste recycling operators; |
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(F) commercial water recyclers and midstream |
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water companies; |
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(G) landowners; |
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(H) owners of groundwater rights; |
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(I) public water utilities; and |
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(J) river authorities subject to Section |
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325.025, Government Code. |
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(c) The host university shall coordinate with other members |
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of the state university system and state agencies to provide |
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resources necessary for the consortium to meet the requirements of |
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this subchapter. |
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Sec. 109.205. FUNDING. (a) The agency advisory council and |
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the host university shall collaborate to create a fee structure |
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that establishes membership costs at various levels for private |
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entities that may contribute money to the consortium for research |
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and investigation. Membership costs may include contributions of |
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equipment or other resources in lieu of money. |
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(b) Money paid by private entities as membership costs may |
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be used only for research and investigation conducted by the |
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consortium. |
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(c) Except for state money appropriated to the host |
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university for use in meeting the requirements of Section |
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109.204(a-1) and resources provided by the host university and |
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other state university system entities or state agencies, the |
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consortium may not receive state money. |
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(d) The consortium may accept gifts and grants of money, |
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equipment, or other resources necessary to accomplish its duties |
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under this subchapter. |
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Sec. 109.206. ACCESS TO DATA. (a) In exchange for |
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membership in the consortium, a private entity may receive access |
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to data produced as a result of investigation by the consortium in |
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an amount proportionate to the entity's level of membership. |
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(b) A private entity's access to the consortium's |
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investigation data must be governed by a membership contract |
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between the host university and the entity that describes the data |
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to be released to the private entity. |
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(c) The consortium shall make information about the work of |
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the consortium available to the public on an Internet website |
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maintained by the host university. Information made available |
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under this subsection may not be privileged, proprietary, or |
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confidential. |
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SECTION 2. (a) Not later than October 1, 2021, each state |
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agency described by Section 109.203(a), Education Code, as added by |
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this Act, shall select a representative to serve on the agency |
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advisory council of the Texas Produced Water Consortium, as |
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required by Section 109.203(b), Education Code, as added by this |
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Act. |
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(b) Not later than September 1, 2022, the Texas Produced |
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Water Consortium shall deliver the report required by Section |
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109.204(a-1), Education Code, as added by this Act. |
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(c) Not later than September 1, 2022, the Texas Produced |
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Water Consortium shall create a pilot project required by Section |
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109.204(a-1)(3), Education Code, as added by this Act. |
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SECTION 3. The Texas Produced Water Consortium, as created |
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by Subchapter E, Chapter 109, Education Code, as added by this Act, |
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is required to implement a provision of this Act only if the |
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legislature appropriates money specifically for that purpose. If |
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the legislature does not appropriate money specifically for that |
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purpose, the consortium may, but is not required to, implement a |
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provision of this Act using other appropriations available for that |
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purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |