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A BILL TO BE ENTITLED
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AN ACT
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relating to animal control officer training; providing civil and |
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criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 10, Health and Safety Code, is amended by |
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adding Chapter 829 to read as follows: |
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CHAPTER 829. ANIMAL CONTROL OFFICER TRAINING |
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Sec. 829.001. DEFINITIONS. In this chapter: |
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(1) "Animal control officer" means a person employed, |
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appointed, or otherwise engaged by or on behalf of a county or |
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municipality to enforce laws relating to animal control or cruelty |
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to animals. |
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(2) "Department" means the Department of State Health |
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Services. |
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Sec. 829.002. TRAINING REQUIRED. (a) A person may not |
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perform the duties of an animal control officer on behalf of a |
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county or municipality unless: |
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(1) the person: |
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(A) completes a basic animal control course under |
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this chapter not later than the 120th day after the person assumes |
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animal control duties; or |
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(B) completed a personnel training course on or |
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before June 30, 2008, under Section 823.004, Health and Safety |
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Code, as it existed on that date; and |
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(2) the person completes 30 hours of continuing |
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education under this chapter during each three-year period |
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following: |
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(A) the date the person completes the basic |
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animal control course; or |
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(B) June 30, 2008, if the person completed a |
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personnel training course under Subdivision (1)(B). |
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(b) A county or municipality, or a person acting on behalf of |
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a county or municipality, may not knowingly employ, appoint, or |
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otherwise engage a person as an animal control officer if the person |
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does not meet the requirements of Subsection (a). |
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(c) A county or municipality, or a person acting on behalf |
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of a county or municipality, shall terminate the service of a person |
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as an animal control officer if the person does not meet the |
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requirements of Subsection (a). |
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Sec. 829.003. TRAINING COURSES. (a) The department shall |
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prescribe the standards and curriculum for basic and continuing |
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education animal control courses. The curriculum for both the |
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basic and continuing education courses must include the following |
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topics: |
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(1) state laws governing animal control and protection |
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and animal cruelty; |
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(2) animal health and disease recognition, control, |
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and prevention; |
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(3) the humane care and treatment of animals; |
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(4) standards for care and control of animals in an |
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animal shelter; |
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(5) standards and procedures for the transportation of |
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animals; |
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(6) principles and procedures for capturing and |
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handling stray domestic animals and wildlife; |
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(7) first aid for injured animals; |
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(8) the documentation of animal cruelty evidence and |
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courtroom procedures; |
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(9) animal shelter operations and administration; |
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(10) spaying and neutering, microchipping, and |
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adoption; |
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(11) communications and public relations; |
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(12) state and federal laws for possession of |
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controlled substances and other medications; and |
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(13) any other topics pertinent to animal control and |
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animal shelter personnel. |
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(b) In prescribing the standards and curriculum of courses |
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under this chapter, the department shall: |
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(1) determine what is considered satisfactory |
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completion of a course; |
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(2) determine what is considered a passing grade on |
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any postcourse tests and practical applications; and |
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(3) require that a person attend all sessions of a |
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course. |
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(c) A basic animal control course must be at least 12 hours. |
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(d) In developing and approving the criteria and curriculum |
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for animal control courses, the department shall consult with the |
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Texas Animal Control Association and other animal control and |
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animal protection organizations as the department considers |
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appropriate. |
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Sec. 829.004. AVAILABILITY OF COURSES. (a) The department |
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shall offer at least one basic animal control course every calendar |
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quarter in each of the department's zoonosis control regions. |
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(b) The department shall offer at least 12 hours of |
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continuing education animal control courses each calendar year in |
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each of the department's zoonosis control regions. |
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(c) The department shall ensure the additional availability |
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of animal control courses through sponsors approved by the |
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department, which may include the Texas Animal Control Association, |
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the National Animal Control Association, and the Humane Society of |
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the United States. |
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Sec. 829.005. FEE. The department and any authorized animal |
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control course sponsor may charge reasonable fees to cover the cost |
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of arranging and conducting an animal control course. |
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Sec. 829.006. ISSUANCE OF CERTIFICATE. (a) The department |
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shall: |
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(1) maintain the training records for each person |
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satisfactorily completing any course offered under this chapter for |
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the purpose of documenting and ensuring that the person is in |
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compliance with the requirements of this chapter; and |
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(2) issue a certificate to each person satisfactorily |
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completing a course offered under this chapter that contains: |
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(A) the person's name; |
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(B) the name of the course; and |
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(C) the date the course was completed. |
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(b) The department may charge a reasonable fee to cover the |
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cost of issuing a certificate required by Subsection (a). |
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Sec. 829.007. CRIMINAL PENALTY. (a) A person commits an |
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offense if the person violates Section 829.002(a). |
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(b) An offense under this section is a Class B misdemeanor. |
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Sec. 829.008. CIVIL REMEDY. A person may sue for injunctive |
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relief to prevent or restrain a substantial violation of this |
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chapter. |
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SECTION 2. Section 801.004, Occupations Code, is amended to |
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read as follows: |
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Sec. 801.004. APPLICATION OF CHAPTER. This chapter does |
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not apply to: |
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(1) the treatment or care of an animal in any manner by |
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the owner of the animal, an employee of the owner, or a designated |
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caretaker of the animal, unless the ownership, employment, or |
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designation is established with the intent to violate this chapter; |
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(2) a person who performs an act prescribed by the |
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board as an accepted livestock management practice, including: |
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(A) castrating a male animal raised for human |
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consumption; |
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(B) docking or earmarking an animal raised for |
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human consumption; |
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(C) dehorning cattle; |
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(D) aiding in the nonsurgical birth process of a |
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large animal, as defined by board rule; |
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(E) treating an animal for disease prevention |
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with a nonprescription medicine or vaccine; |
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(F) branding or identifying an animal in any |
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manner; |
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(G) artificially inseminating an animal, |
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including training, inseminating, and compensating for services |
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related to artificial insemination; and |
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(H) shoeing a horse; |
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(3) the performance of a cosmetic or production |
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technique to reduce injury in poultry intended for human |
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consumption; |
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(4) the performance of a duty by a veterinarian's |
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employee if: |
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(A) the duty involves food production animals; |
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(B) the duty does not involve diagnosis, |
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prescription, or surgery; |
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(C) the employee is under the direction and |
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general supervision of the veterinarian; and |
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(D) the veterinarian is responsible for the |
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employee's performance; |
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(5) the performance of an act by a person who is a |
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full-time student of an accredited college of veterinary medicine |
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or is a foreign graduate of a board-approved equivalent competency |
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program for foreign veterinary graduates and who is participating |
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in a board-approved extern or preceptor program if the act is |
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performed under the direct supervision of a veterinarian employing |
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the person; |
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(6) an animal shelter employee who performs euthanasia |
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in the course and scope of the person's employment if the person has |
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successfully completed training in accordance with Chapter 829 |
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[offered by the Texas Department of Health under Section 823.004], |
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Health and Safety Code; |
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(7) a person who is engaged in a recognized |
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state-federal cooperative disease eradication or control program |
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or an external parasite control program while the person is |
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performing official duties required by the program; |
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(8) a person who, without expectation of compensation, |
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provides emergency care in an emergency or disaster; or |
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(9) a consultation given to a veterinarian in this |
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state by a person who: |
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(A) resides in another state; and |
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(B) is lawfully qualified to practice veterinary |
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medicine under the laws of that state. |
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SECTION 3. Effective July 1, 2008, Section 823.004, Health |
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and Safety Code, is repealed. |
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SECTION 4. Not later than December 1, 2007, the Department |
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of State Health Services shall prescribe the standards and |
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curriculum to be used in an animal control course required under |
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Chapter 829, Health and Safety Code, as added by this Act. |
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SECTION 5. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2007. |
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(b) Sections 829.002, 829.007, and 829.008, Health and |
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Safety Code, as added by this Act, take effect July 1, 2008. |