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A BILL TO BE ENTITLED
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AN ACT
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relating to the Texas Alternatives to Abortion Program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 2, Health and Safety Code, is |
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amended by adding Chapter 54 to read as follows: |
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CHAPTER 54. TEXAS ALTERNATIVES TO ABORTION PROGRAM |
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Sec. 54.001. DEFINITIONS. In this chapter: |
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(1) "Client" means a woman or man who is eligible to |
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receive program services under Section 54.004. |
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(2) "Pregnancy support services" means nonmedical |
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services that promote childbirth instead of abortion by providing |
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information, counseling, and support services to assist pregnant |
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women or women who believe they may be pregnant in choosing |
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childbirth and making informed decisions regarding the choice of |
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adoption or parenting with respect to their children. |
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(3) "Program" means the Texas Alternatives to Abortion |
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Program established by the commission to enhance and increase |
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resources that promote childbirth for women facing unplanned |
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pregnancy. |
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Sec. 54.002. ADMINISTRATION; PURPOSE. (a) The commission |
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shall oversee the Texas Alternatives to Abortion Program as a |
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statewide social service program to promote healthy pregnancies, |
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childbirth, parenting, and adoption through nonprofit contractors |
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that provide pregnancy support services. |
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(b) The program is funded through: |
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(1) legislative appropriations; and |
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(2) the unobligated and unexpended balance in the |
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Texas Pregnancy and Adoption Program as of August 31, 2024. |
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(c) The purposes of the program are to: |
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(1) provide a local approach and personalized support |
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to pregnant women to promote childbirth in all instances of |
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pregnancy; |
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(2) provide and promote healthy pregnancies; |
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(3) educate biological parents about healthy |
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parenting and adoption; |
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(4) improve the pregnancy, parenting, and adoption |
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situations of biological parents; and |
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(5) assist adoptive parents and potential adoptive |
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parents with support for and education about adoption and |
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parenting. |
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Sec. 54.003. PROGRAM SERVICES, MATERIALS, AND MARKETING. |
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The program shall provide, either directly or through a |
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subcontractor, services and materials that improve pregnancy or |
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parenting experiences, including: |
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(1) the provision of counseling, mentoring, |
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educational materials, and classes regarding pregnancy, parenting, |
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adoption, life skills, and employment readiness; |
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(2) the provision of nonmedical material assistance, |
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including maternity clothing, formula, and diapers; and |
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(3) marketing services to educate the public about the |
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availability of program services, including the use of social media |
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marketing, internet marketing, outdoor billboard marketing, |
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television marketing, and radio marketing. |
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Sec. 54.004. PROGRAM ELIGIBILITY. (a) A woman or man is |
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eligible to receive program services under this chapter if the |
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woman or man: |
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(1) is in this state at the time program services are |
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provided; and |
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(2) is either: |
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(A) the biological parent of a child of less than |
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three years of age, including an unborn child, and who: |
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(i) has parental rights to the child; |
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(ii) voluntarily relinquished parental |
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rights to the child, provided the rights were relinquished not more |
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than 180 days before the date program services are provided; or |
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(iii) has experienced the death of the |
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child, including in utero, not more than 180 days before the date |
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the program services are provided; or |
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(B) planning in the next 12 months to adopt or has |
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adopted a child of less than three years of age. |
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(b) The commission may not impose eligibility requirements |
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based on citizenship, residency, or income. |
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Sec. 54.005. CONTRACTOR AND CONTRACT REQUIREMENTS. (a) |
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The commission shall enter into contracts with program contractors |
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that: |
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(1) are able to provide the program services and |
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materials to clients and their family members; |
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(2) are exempt from federal income taxation; and |
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(3) have provided contracted services under the |
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program for the commission for at least two years. |
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(b) A contract entered into under this chapter must cover a |
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two-year period beginning September 1 of an odd-numbered year |
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through August 31 of the next odd-numbered year. |
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(c) The amount of a contract must be in proportion to the |
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amount of program services and materials provided by the program |
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contractor. |
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(d) The commission may not impose other requirements on |
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program contractors and subcontractors except those prescribed by |
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this chapter and in the uniform terms imposed by the commission for |
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commission grants. |
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Sec. 54.006. PROVISION OF PROGRAM SERVICES AND MATERIALS BY |
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CONTRACTORS OR SUBCONTRACTORS. (a) A program contractor may |
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provide program services and materials directly or through a |
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contract with a subcontractor. |
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(b) To provide services and materials under the program, a |
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contractor and subcontractor must: |
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(1) provide program training for: |
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(A) all new employees and volunteers and ensure |
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that all new employees and volunteers read the contractor's |
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compliance manual and complete training before providing program |
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services to clients; and |
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(B) all existing employees and volunteers at |
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least once per year; |
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(2) ensure all client educational materials are |
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current and reference citations to peer-reviewed journals, to |
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mainstream medical organizations such as the American Academy of |
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Pediatrics or the American Medical Association, or to federal or |
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state agencies such as the National Institutes of Health or the |
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commission; |
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(3) ensure the most recent version of the |
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informational materials described by Section 171.014 is present to |
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educate pregnant clients about their options; |
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(4) ensure each client is provided an optional survey |
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or other method to provide comments about the services the client |
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received; |
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(5) promote childbirth rather than abortion in its |
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response to a pregnancy and agree that a contractor or |
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subcontractor will not promote, make referrals, or provide |
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abortions to women and men, regardless of whether they are clients; |
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(6) adopt privacy and security policies; |
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(7) be a legally separate entity from any abortion |
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services provider and not have entered into a legal or monetary |
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relationship with an abortion services provider; |
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(8) adopt a policy to maintain documents sufficient to |
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ensure the accuracy and validity of the contractor's or |
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subcontractor's invoices until the seventh anniversary of the date |
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the program services and materials are provided; |
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(9) use the necessary administrative, technical, and |
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physical safeguards to protect the security of confidential |
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information; and |
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(10) provide program services to clients free of |
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charge and without regard to a client's income, citizenship, or |
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residency. |
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(c) To provide services and materials under the program, a |
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contractor or subcontractor may not: |
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(1) share any employees or members of its governing |
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body with an abortion services provider or affiliate; |
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(2) display or use the names or trademarks of an |
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abortion services provider in describing or naming the contractor |
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or subcontractor; |
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(3) use graphic images or graphic descriptions of |
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abortion procedures in its services and materials, regardless of |
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whether the contractor or subcontractor is providing services to |
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clients; |
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(4) use or distribute to women and men, regardless of |
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whether the woman or man is a client, any educational materials that |
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promote or provide referrals for abortions; or |
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(5) provide family planning services. |
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Sec. 54.007. OVERSIGHT OF CONTRACTORS AND SUBCONTRACTORS. |
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(a) One full-time commission employee shall oversee program |
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contractors and ensure compliance with commission contracting |
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procedures and all other relevant laws and policies. |
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(b) A program contractor is responsible for monitoring each |
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of the contractor's subcontractors annually to ensure compliance |
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with this chapter. |
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Sec. 54.008. ANNUAL REPORT. Not later than December 1 of |
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each year, the commission shall submit a written report to the |
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Legislative Budget Board and the governor on: |
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(1) the total amount of services and materials |
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provided by each program contractor, either directly or through |
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subcontractors, by geographical region; |
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(2) the total number of program contractors, including |
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subcontractors, by geographical region; |
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(3) the total number of unduplicated clients served by |
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each contractor, by gender and age; |
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(4) a description of program marketing efforts by |
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program contractors; |
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(5) the total amount of program expenses, sorted by |
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method of funding; |
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(6) the total contract amount for each program |
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contractor and subcontractor; |
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(7) the percentage of pregnant clients who were |
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connected to health care providers or programs; |
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(8) the percentage of pregnant clients who were |
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provided education about nutrition or nutritional distributions; |
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and |
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(9) the percentage of all clients who were provided |
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education about family economic self-sufficiency and stability. |
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SECTION 2. This Act takes effect September 1, 2023. |