By: Lucio S.B. No. 909
(In the Senate - Filed March 6, 2003; March 11, 2003, read
first time and referred to Committee on Business and Commerce;
April 7, 2003, reported favorably by the following vote: Yeas 8,
Nays 0; April 7, 2003, sent to printer.)
A BILL TO BE ENTITLED
relating to the regulation of combative sports; providing
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2052, Occupations Code, is amended to
read as follows:
CHAPTER 2052. COMBATIVE SPORTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2052.001. LEGISLATIVE DECLARATION. This chapter shall
be liberally construed and applied to promote its underlying
Sec. 2052.002. DEFINITIONS. In this chapter:
(1) "Boxing" includes kickboxing, in which a person
delivers blows with any part of the arm below the shoulder,
including the hand, and any part of the leg below the hip, including
(2) "Boxing promoter" means a person who arranges,
advertises, or conducts a boxing event.
"Championship tournament" means a state,
regional, national, or international elimination tournament in
which the winners of elimination tournaments compete for a
championship in each weight category.
[ (4) "Commissioner" means the commissioner of
licensing and regulation or the commissioner's designated
[ (5)] "Department" means the Texas Department of
Licensing and Regulation.
(4) [ (6)] "Elimination tournament" means a boxing
contest in which elimination tournament contestants compete in a
series of matches until not more than one contestant remains in any
weight category. The term does not include a boxing event described
by Section 2052.108.
(5) "Executive director" means the executive director
of the department or the executive director's designated
(6) [ (7) "Elimination tournament boxing promoter"
means a person who arranges, advertises, or conducts an elimination
[ (8) "Elimination tournament contestant" means a
person who competes in an elimination tournament.
[ (9)] "Exhibition" means a boxing or wrestling skills
(7) [ (10)] "Event" means a contest, match, or
(8) [ (11)] "Judge" means a person who is:
(A) located at ringside during a boxing match;
(B) responsible for scoring the performances of
the participants in the match.
(9) [ (12) "Local tournament" means an elimination
tournament in which only a resident of this state may compete.
[ (13)] "Professional boxer" means a person who
competes in a boxing event in this state conducted for a purse or
(10) [ (14)] "Referee" means a person who:
(A) is present in the ring during a boxing event;
(B) exercises general supervision of the event.
(11) "Ringside physician" means an individual
licensed to practice medicine in this state who is registered with
(12) [ (15) "Regional tournament" means an elimination
tournament in which a contestant from outside of the immediate area
in which the tournament is conducted may compete against local
[ (16)] "Wrestling promoter" means a person who
arranges, advertises, or conducts a wrestling event.
SUBCHAPTER B. POWERS AND DUTIES OF DEPARTMENT
AND EXECUTIVE DIRECTOR [ COMMISSIONER]
Sec. 2052.051. ADMINISTRATION OF CHAPTER. The department
shall administer this chapter.
Sec. 2052.052. RULES. (a) The executive director
[ commissioner] shall adopt reasonable and necessary rules to
administer this chapter.
(b) The executive director [ commissioner] may adopt rules:
(1) governing professional kickboxing contests and
exhibitions; [ and]
(2) establishing reasonable qualifications for an
applicant seeking a license from the department under this
(3) recognizing sanctions, medical suspensions, or
disqualifications of licensees by combative sports authorities in
any state, territory, or possession of the United States of
America, provided that if licensure is denied based on such
actions, an applicant has a right to a hearing as prescribed by
(4) establishing practice requirements or specialty
certifications that a person licensed to practice medicine in this
state must meet to register as a ringside physician;
(5) requiring contestants to present to the executive
director at the time of weigh-in an original copy of recent blood
test results that demonstrate whether the contestant is free from
hepatitis B virus, hepatitis C virus, human immunodeficiency virus,
and any other communicable disease designated by rule adopted by
the executive director and providing that a contestant's failure to
provide the required blood test results will disqualify the
(6) providing that to participate in any event
contestants must be free of hepatitis B virus, hepatitis C virus,
human immunodeficiency virus, and any other communicable disease
designated by rule;
(7) requiring that contestants undergo a physical
examination, including an ophthalmological examination, at or near
the time of weigh-in and providing for disqualification of a
contestant who is deemed by an examining physician to be unfit; and
(8) establishing additional promoter
Sec. 2052.053. INVESTIGATIVE AUTHORITY. (a) The
executive director [ commissioner] shall investigate allegations of
activity that may violate this chapter.
(b) The executive director [ commissioner] may enter, at a
reasonable time, a place of business or an establishment in which
activity alleged to violate this chapter may occur. The executive
director [ commissioner] is not required to give advance notice
Sec. 2052.054. CONTINUING EDUCATION. (a) The executive
director [ commissioner] may recognize, prepare, or administer
continuing education programs for persons licensed under this
(b) Participation in a continuing education program under
Subsection (a) is voluntary.
Sec. 2052.055. MEDICAL ADVISORY COMMITTEE. (a) The
executive director may appoint a medical advisory committee to
advise the department concerning health issues for boxing event
(b) Before the first appointment of committee members, the
executive director shall adopt rules establishing:
(1) the number of appointed members;
(2) qualifications for appointment; and
(3) the purpose and tasks of the committee.
SUBCHAPTER C. LICENSING, REGISTRATION, AND PERMITS
Sec. 2052.101. BOXING PROMOTER LICENSE. A person may not
act as a boxing promoter [ or an elimination tournament boxing
promoter] unless the person holds a license issued under this
Sec. 2052.102. BOXING PROMOTER LICENSE APPLICATION
REQUIREMENTS. (a) An applicant for a boxing promoter's license
under this chapter must apply on a form furnished by the executive
director [ commissioner].
(b) An application must be accompanied by:
(1) a license fee in an amount set by the department
[ commission]; and
(2) a surety bond:
(A) subject to approval by the executive director
[ commissioner]; and
(B) conditioned on the applicant's payment of the
tax imposed under Section 2052.151.
(c) The executive director [ commissioner] shall establish
the amount of the surety bond required under Subsection (b). The
bond amount may not be less than $300.
Sec. 2052.103. [ ELIMINATION TOURNAMENT BOXING PROMOTER
LICENSE APPLICATION REQUIREMENTS. (a) An applicant for an
elimination tournament boxing promoter's license under this
chapter must apply on a form furnished by the commissioner.
[ (b) An application must be accompanied by an application
fee of not more than $1,000 and, if the applicant charges a fee for
admission to the elimination tournament or awards a trophy, prize,
including a prize of money, or other item of value of more than $50
to a contestant winning the elimination tournament:
[ (1) a $50,000 surety bond subject to approval by the
commissioner and conditioned on the applicant's payment of:
[ (A) the tax imposed under Section 2052.151; and
[ (B) a claim against the applicant as described
by Section 2052.109(a)(3); and
[ (2) proof of not less than $10,000 accidental death
or injury insurance coverage for each contestant participating in
the elimination tournament.
[ Sec. 2052.104. ELIMINATION TOURNAMENT BOXING PROMOTER
ANNUAL LICENSE FEE. The annual fee for an elimination tournament
boxing promoter's license may not exceed $1,000.
[ Sec. 2052.105.] WRESTLING PROMOTER REGISTRATION. A person
may not act as a wrestling promoter unless the person is registered
with the secretary of state under this chapter.
Sec. 2052.104 [ 2052.106]. WRESTLING PROMOTER APPLICATION
REQUIREMENTS. (a) Registration as a wrestling promoter must be
made on a form furnished by the secretary of state.
(b) A registration must be accompanied by:
(1) a registration fee prescribed by the secretary of
state in an amount reasonably necessary to cover the costs of
administering the wrestling promoters registration program; and
(2) a $5,000 surety bond to be filed with the secretary
Sec. 2052.105 [ 2052.107]. OTHER BOXING LICENSES. Unless a
person holds a license or registration issued under this chapter,
the person may not act as a:
(1) professional boxer;
(2) manager of a professional boxer;
(6) timekeeper; [ or]
(7) matchmaker; or
(8) ringside physician.
Sec. 2052.106 [ 2052.108]. APPLICATION REQUIREMENTS FOR
OTHER LICENSES. (a) An application for a license under Section
2052.105 [ 2052.107] must be made on a form furnished by the
executive director [ commissioner].
(b) An application must be accompanied by the required
Sec. 2052.107 [ 2052.109]. SURETY BOND. (a) A surety bond
required under this subchapter must:
(1) be issued by a company authorized to conduct
business in this state;
(2) comply with the applicable requirements of the
(3) be payable to the state for use by the state or a
political subdivision that establishes that the boxing or wrestling
promoter is liable to it for damages, penalties, taxes, or other
expenses resulting from promotional activities conducted in this
(4) be open to more than one claim, except that the
claims may not exceed the face value of the bond.
(b) A person required to file a surety bond under this
subchapter shall file a new bond annually.
(c) A company that issues a bond shall notify the department
in writing of the cancellation of the bond not later than the 30th
day before the date on which the bond is canceled.
Sec. 2052.108 [ 2052.110]. LICENSE AND BONDING EXCEPTIONS.
The licensing and bonding requirements of this subchapter do not
(1) a boxing event in which the participants do not
receive a money remuneration, purse, or prize for their
performances or services if the event is promoted, conducted, or
(A) an educational institution;
(B) a law enforcement organization;
(C) a Texas National Guard Unit; or
(D) an amateur athletic organization recognized
by the executive director [ commissioner];
(2) an event conducted by a nonprofit amateur athletic
association chartered under the law of this state, including a
membership club affiliated with the association located within this
state and recognized by the executive director [ commissioner];
(3) an event conducted by a college, school, or
university that is part of the institution's athletic program in
which only students of different educational institutions
participate; [ or]
(4) an event in which only members of a troop, battery,
company, or unit of the Texas National Guard or a law enforcement
agency participate; or
(5) an event conducted by an organization of the
Olympic Games, the Paralympic Games, or the Pan-American Games.
Sec. 2052.109 [ 2052.111]. DENIAL OF APPLICATION. The
executive director [ commissioner] may deny an application for a
(1) the applicant does not meet the qualifications for
the license; or
(2) after conducting an investigation and a hearing,
the executive director [ commissioner] determines that the
applicant has violated this chapter or a rule adopted under this
Sec. 2052.110 [ 2052.112]. RECIPROCITY AGREEMENT. The
executive director [ commissioner] may waive a license requirement
under this subchapter if the applicant holds a license issued by
another state that has a reciprocity agreement with this state.
Sec. 2052.111 [ 2052.113]. LICENSE AND PERMIT REQUIRED FOR
CLOSED CIRCUIT BOXING TELECAST. A person who exhibits in this state
a simultaneous telecast of a live, spontaneous, or current boxing
event on a closed circuit telecast in which a fee is charged for
admission to the telecast must:
(1) hold a boxing promoter's license under this
(2) obtain a permit for the closed circuit telecast.
Sec. 2052.112. LICENSE, REGISTRATION, AND PERMIT TERM AND
RENEWAL. (a) A license, registration, or permit issued under this
chapter is valid for one year after the date of issuance.
(b) The holder of a license, registration, or permit may
renew it by paying a renewal fee and complying with other renewal
requirements prescribed by department rule before the expiration
date. The department shall issue a renewal certificate to the
holder at the time of renewal.
Sec. 2052.113. PROMOTER RESPONSIBILITIES. For each
promoted event, a promoter shall:
(1) assure that all contestants scheduled to
participate are licensed before the event;
(2) provide an ambulance, serviced by at least two
emergency medical technicians, on the premises at the event
(3) provide for a physical examination of each
contestant that complies with rules adopted under this chapter; and
(4) comply with all applicable rules adopted by the
executive director or the Texas Commission of Licensing and
SUBCHAPTER D. GROSS RECEIPTS TAX
Sec. 2052.151. IMPOSITION AND RATE OF TAX. (a) A tax is
imposed on a person who:
(1) conducts a boxing event[ , including an elimination
tournament,] in which a fee is charged for admission to the event;
(2) exhibits in this state a simultaneous telecast of
a live, spontaneous, or current boxing event on a closed circuit
telecast, in which a fee is charged for admission to the telecast;
(3) conducts or sponsors an amateur boxing event,
other than an event exempt from licensing under Section 2052.108(2)
[ 2052.110(2)], (3), [ or] (4), or (5), in which a fee is charged for
admission to the event.
(b) The rate of the tax is three percent of the gross
receipts obtained from the event.
Sec. 2052.152. TAX REPORT AND PAYMENT. (a) A person on
whom a tax is imposed under Section 2052.151, not later than 72
hours after the end of the event or telecast for which the tax is
due, shall submit to the department a verified report on a form
furnished by the department stating:
(1) the number of tickets sold to the event;
(2) the ticket prices charged; [ and]
(3) the gross price charged for the sale or lease of
broadcasting, television, and motion picture rights without any
deductions for commissions, brokerage fees, distribution fees,
advertising, or other expenses or charges; and
(4) the amount of gross receipts obtained from the
(b) The person shall attach to the report a cashier's check
or money order payable to this state in the amount of the tax
imposed on the event covered by the report.
(c) The department may audit a report filed under Subsection
Sec. 2052.153. CLOSED CIRCUIT TELECAST. A person
exhibiting a simultaneous telecast of a live, spontaneous, or
current boxing event on a closed circuit telecast in which a fee is
charged for admission to the exhibition:
(A) be a boxing promoter; and
(B) obtain a permit for each telecast exhibited;
(2) shall comply with the tax provisions of Section
[ Sec. 2052.154. CERTAIN AMATEUR EVENTS. A person shall
comply with the tax requirements imposed under Section 2052.151 if
[ (1) conducts or sponsors an amateur boxing event,
except an event conducted under Section 2052.110(2), (3), or (4);
[ (2) charges an event admission fee.]
SUBCHAPTER E. [ REGULATION OF] ELIMINATION TOURNAMENTS
Sec. 2052.201. ELIMINATION TOURNAMENTS PROHIBITED [ GENERAL
RULES]. [ (a)] An elimination tournament may not [ only] be held in
this state [ conducted as a one-night or two-night event].
[ (b) An elimination tournament match consists of three
one-minute rounds with an interval of at least one minute between
[ (c) The standing-eight-count and the three-knock-down
rules apply to an elimination tournament.
[ (d) An elimination tournament contestant must be randomly
matched with an opponent in the same weight category as the
contestant during the preliminary round of an elimination
[ Sec. 2052.202. CONTESTANT PARTICIPATION. (a) An
elimination tournament contestant may not participate in more than:
[ (1) one match during the first night of a two-night
elimination tournament other than a championship tournament; or
[ (2) two matches during the first night of a two-night
[ (b) An elimination tournament contestant may participate
in any number of matches during the second night of a two-night
[ (c) Except as provided by Subsection (d), an elimination
tournament boxing promoter may permit an elimination tournament
contestant who does not win a match during the first night of a
two-night elimination tournament to participate in the tournament
during the second night of the tournament.
[ (d) An elimination tournament contestant who is knocked
out during the tournament may not continue to participate in the
[ Sec. 2052.203. ELIMINATION TOURNAMENT BOXING PROMOTER
RESPONSIBILITIES. (a) An elimination tournament boxing promoter
shall require that each elimination tournament contestant:
[ (1) be at least 18 years old and younger than 36 years
[ (2) submit proof that the contestant has received
proper training, including a written description of the
contestant's training program during the 28 days before the
[ (3) have no professional boxing experience;
[(4) have fewer than six boxing match wins during the
preceding five years that are recognized by an amateur boxing
organization that is recognized under department rules for this
[ (5) use 16-ounce gloves; and
[ (6) wear the following protective gear provided by
[ (A) except as provided by Subsection (b),
headgear approved by the department;
[ (B) a mouthpiece; and
[ (C) a groin guard or kidney-groin guard approved
by the department.
[ (b) The elimination tournament boxing promoter of a local,
regional, or championship elimination tournament is not required to
require that each elimination tournament contestant wear headgear
approved by the department if the promoter under department rules
notifies the commissioner of the decision not to use the approved
[ Sec. 2052.204. ELIMINATION TOURNAMENT RINGSIDE PHYSICIAN.
(a) An elimination tournament boxing promoter shall provide a
ringside physician for each elimination tournament.
[ (b) An elimination tournament ringside physician shall:
[ (1) perform a complete medical examination of each
elimination tournament contestant at the tournament's location
before the tournament begins;
[ (2) remain at ringside at all times during a
scheduled elimination tournament match;
[ (3) offer solutions to boxing-related medical
problems to the elimination tournament boxing promoter and
[ (4) examine each elimination tournament contestant
[ (5) immediately before the second night of a
two-night elimination tournament, perform a complete physical
examination of each elimination tournament contestant who is
scheduled to participate during the second night; and
[ (6) immediately notify the elimination tournament
boxing promoter if the physician disqualifies an elimination
[ Sec. 2052.205. NEGATIVE PREGNANCY TEST RESULT. A female
elimination tournament contestant may not participate in an
elimination tournament unless the contestant provides the ringside
physician with proof of a negative pregnancy test result.
[ Sec. 2052.206. WEIGHT CATEGORIES. (a) The weight
categories for an elimination tournament are:
[ (1) less than 112 pounds;
[ (2) 112 pounds or more and less than 119 pounds;
[ (3) 119 pounds or more and less than 127 pounds;
[ (4) 127 pounds or more and less than 136 pounds;
[ (5) 136 pounds or more and less than 148 pounds;
[ (6) 148 pounds or more and less than 161 pounds;
[ (7) 161 pounds or more and less than 176 pounds;
[ (8) 176 pounds or more and less than 190 pounds; and
[ (9) 190 pounds or more.
[ (b) An elimination tournament contestant may not compete
in a weight category other than the contestant's weight category as
listed under Subsection (a) unless the contestant:
[ (1) competes in the next heavier weight category for
the contestant; and
[ (2) the contestant's weight is within three percent
of the minimum weight for that next heavier weight category.
[ Sec. 2052.207. RING REQUIREMENTS. (a) An elimination
tournament match must be conducted in a square ring. Each side of
the ring must be not less than 16 feet or more than 24 feet in
[ (b) The floor of the ring must be:
[(1) three-fourths inch thick; and
[(2) padded with one-inch thick closed-cell foam
SUBCHAPTER F. OTHER COMBATIVE SPORT REGULATIONS
Sec. 2052.251. BOXING GLOVES. A boxing event contestant[ ,
other than an elimination tournament contestant under Subchapter
E,] shall wear eight-ounce boxing gloves[ ,] unless the executive
director [ commissioner] by rule requires or permits a contestant to
wear heavier gloves.
Sec. 2052.252. CERTAIN AMATEUR EVENTS. (a) This section
applies to an amateur boxing event, other than an event described by
Section 2052.108(2), (3), (4), or (5) [ elimination tournament
subject to Subchapter E], in which a fee is charged for admission to
(b) The event may take place only if the executive director
[ commissioner] approves the event not later than seven days before
the date the event begins.
(c) Each entry in the event must be filed with the amateur
organization not later than the third day before the date the event
(d) The amateur organization shall determine the amateur
standing of the event contestants.
(e) The event is subject to the supervision of the executive
director [ commissioner].
(f) All profits from the event must be used to develop
(g) Only a referee or judge licensed under this chapter may
participate in the event.
(h) Each contestant participating in the event must be
examined by a licensed physician within a reasonable time before
the event begins. A licensed physician must be present at ringside
during the entire event.
(i) A professional boxer licensed under this chapter may not
participate in any capacity in the event.
Sec. 2052.253. KICKBOXING. A professional kickboxing event
must be fought on the basis of the contestants' best efforts.
SUBCHAPTER G. DISCIPLINARY PROCEDURES; CRIMINAL OFFENSE
Sec. 2052.301. ADMINISTRATIVE PENALTIES AND SANCTIONS
[ REVOCATION AND SUSPENSION OF LICENSE OR PERMIT]. On a finding of a
violation of one or more provisions of this chapter, a rule adopted
under this chapter, or a rule adopted under Chapter 51, the
executive director may impose administrative sanctions as provided
by Subchapter G, Chapter 51, or the Texas Commission of Licensing
and Regulation may impose administrative penalties as provided by
Subchapter F, Chapter 51 [ The commissioner may revoke or suspend
the license or permit of a license or permit holder under this
chapter for violating this chapter or a rule adopted under this
Sec. 2052.302. WITHHOLDING OF PURSE AND FORFEITURE OF
PURSE. (a) The executive director [ commissioner] may order a
promoter [ boxer or manager] to withhold any [ forfeit to this state
a] purse or other funds payable to a licensee or registrant if it
appears more likely than not that the licensee or registrant has
violated [ in an amount of not more than $1,000 for violating] this
chapter or a rule adopted under this chapter.
(b) The promoter shall surrender any purse or funds withheld
as provided by Subsection (a) to the executive director on demand.
Not later than five working days after the event, the department
shall notify in writing the promoter and any person from whom a sum
was withheld of the date of a hearing to determine whether all or
part of the purse or funds withheld should be forfeited. The
hearing shall be scheduled for a date not later than 10 days after
the date of the notice. Not later than 10 days after the hearing,
the executive director shall enter an order with findings of fact
and conclusions of law determining whether all or part of the purse
or funds should be forfeited. Any funds not forfeited shall be
distributed to the persons entitled to the funds.
(c) Except as otherwise provided by this subchapter, the
proceedings under this section shall be conducted in accordance
with the provisions of Chapter 2001, Government Code.
(d) Any person aggrieved by an order entered under this
section may appeal the order by filing a petition in a district
court in Travis County in accordance with the provisions of Chapter
2001, Government Code.
Sec. 2052.303. CIVIL PENALTY; INJUNCTION. (a) A court may
assess a civil penalty against a person who violates this chapter or
a rule adopted under this chapter. The amount of the penalty may
not exceed $1,000 for each violation.
(b) The attorney general or the department may file a civil
(1) assess and recover a civil penalty under
Subsection (a); or
(2) enjoin a person who violates or threatens to
violate this chapter or a rule adopted under this chapter from
continuing the violation or threat.
(c) Venue for a suit filed under Subsection (b) is in a
district court in Travis County.
(d) A civil penalty assessed under this section shall be
paid to this state.
Sec. 2052.304. PETITION FOR REVIEW. (a) A person may seek
review of a decision or an order of the executive director or the
Texas Commission of Licensing and Regulation [ commissioner] under
this chapter by filing a petition for review in a district court in
Travis County [ not later than the 30th day after the date on which
the decision or order of the commissioner is final if the person is:
[ (1) a party to an administrative hearing in which the
decision or order is issued; and
[ (2) aggrieved by the decision or order].
(b) Chapter 2001, Government Code, governs any proceeding
under this section [ The filing of a petition for review under
Subsection (a) does not stay the effect of the decision or order of
the commissioner that is the subject of the petition. The
commissioner or the district court in which the petition for review
is filed may order a stay on appropriate terms].
[ (c) If a stay is ordered under Subsection (b), a
supersedeas bond is not required.
[ Sec. 2052.305. SERVICE OF PROCESS. A petition for review
filed under Section 2052.304 must be served on:
[ (1) the commissioner; and
[ (2) all parties of record to a hearing before the
commissioner that relates to the matter for which the petition for
review is filed.
[ Sec. 2052.306. CERTIFICATION OF RECORD. (a) On receipt
of a petition for review served under Section 2052.305, the
commissioner, not later than the date on which the answer to the
petition must be filed or the date on which the record is made
available to the commissioner, whichever date is later, shall
certify to the district court in which the petition is filed the
record of the proceedings to which the petition relates.
[ (b) The petitioner shall pay the costs of preparing and
certifying the record under this section.
[ (c) On final determination of the review, the district
court shall order payment of the costs described under Subsection
(b) as part of the costs in the case.
[ Sec. 2052.307. JUDICIAL REVIEW. (a) A district court
reviewing a decision or an order of the commissioner under this
subchapter shall try the action without a jury in the same manner as
a civil action, except that evidence is not admissible unless the
evidence was presented at the hearing or noticed in the record of
the hearing before the commissioner. The petitioner has the burden
of proof in the action.
[ (b) The court may:
[ (1) affirm the decision or order of the commissioner;
[ (2) remand the matter to the commissioner for further
Sec. 2052.305 [ 2052.308]. APPEAL. (a) The petitioner or
executive director [ commissioner] may appeal a final judgment of a
court conducting a review under this subchapter in the same manner
as a civil action.
(b) The executive director [ commissioner] is not required
to file an appeal bond.
Sec. 2052.306 [ 2052.309]. CRIMINAL OFFENSE. (a) A person
commits an offense if the person violates this chapter or a rule
adopted under this chapter.
(b) An offense under this section is a Class A misdemeanor.
SECTION 2. (a) Except as provided by Subsection (b) of
this section, this Act takes effect January 1, 2004.
(b) Section 2052.201, Occupations Code, as amended by this
Act, takes effect September 1, 2003.
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