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A BILL TO BE ENTITLED
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AN ACT
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relating to filing fees for certain actions filed in a court with |
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probate jurisdiction. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 118.051, Local Government Code, is |
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amended to read as follows: |
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Sec. 118.051. CLERICAL DUTIES. Except as provided by |
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Section 118.067, the [The] fees listed in this subchapter for |
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county civil court dockets under Section 118.052(1) and county |
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probate court dockets under Section 118.052(2) are fees for all |
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clerical duties performed in connection with the docket, including: |
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(1) filing, registering or recording, docketing, and |
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taxing costs for an application, will, complaint, petition, return, |
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document, or proceeding; |
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(2) issuing and recording the return of a citation, |
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notice, subpoena, commission to take depositions, execution while |
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the docket is still open (civil docket), garnishment before |
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judgment (civil docket), order, writ, process, or any other |
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document authorized or required to be issued by the clerk on which a |
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return must be recorded; |
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(3) attendances in court as clerk of the court; |
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(4) impaneling a jury (civil docket); |
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(5) swearing witnesses; |
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(6) approving bonds involved in court action; and |
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(7) administering oaths. |
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SECTION 2. Section 118.052, Local Government Code, is |
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amended to read as follows: |
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Sec. 118.052. FEE SCHEDULE. Each clerk of a county court |
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shall collect the following fees for services rendered to any |
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person: |
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(1) CIVIL COURT ACTIONS |
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(A) Filing of Original Action (Sec. 118.053): |
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(i) Garnishment after judgment . . . $15.00 |
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(ii) All others . . . $40.00 |
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(B) Filing of Action Other than Original (Sec. |
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118.054) . . . $30.00 |
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(C) Services Rendered After Judgment in Original |
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Action (Sec. 118.0545): |
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(i) Abstract of judgment . . . $ 5.00 |
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(ii) Execution, order of sale, writ, or |
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other process . . . $ 5.00 |
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(2) PROBATE COURT ACTIONS |
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(A) Probate Original Action (Sec. 118.055): |
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(i) Probate of a will with independent |
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executor, administration with will attached, administration of an |
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estate, guardianship or receivership of an estate, or muniment of |
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title . . . $40.00 |
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(ii) Community survivors . . . $40.00 |
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(iii) Small estates . . . $40.00 |
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(iv) Declarations of heirship . . . $40.00 |
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(v) Mental health or chemical dependency |
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services . . . $40.00 |
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(vi) Additional, special fee (Sec. |
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118.064) . . . $ 5.00 |
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(B) Services in Pending Probate Action (Sec. |
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118.056): |
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(i) Filing an inventory and appraisement |
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after the 120th day after the date of the initial filing of the |
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action . . . $25.00 |
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(ii) Approving and recording bond . . . |
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$ 3.00 |
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(iii) Administering oath . . . $ 2.00 |
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(iv) Filing annual or final account of |
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estate . . . $25.00 |
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(v) Filing application for sale of real or |
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personal property . . . $25.00 |
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(vi) Filing annual or final report of |
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guardian of a person . . . $10.00 |
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(vii) Filing a document not listed under |
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this paragraph after the filing of an order approving the inventory |
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and appraisement or after the 120th day after the date of the |
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initial filing of the action, whichever occurs first, if more than |
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25 pages . . . $25.00 |
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(C) Adverse Probate Action (Sec. |
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118.057) . . . $40.00 |
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(D) Claim Against Estate (Sec. 118.058) . . . |
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$ 2.00 |
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(E) Supplemental Court-Initiated Guardianship |
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Fee in Probate Original Actions and Adverse Probate Actions (Sec. |
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118.067) . . . $20.00 |
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(3) OTHER FEES |
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(A) Issuing Document (Sec. 118.059): |
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original document and one copy . . . $ 4.00 |
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each additional set of an original and one |
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copy . . . $ 4.00 |
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(B) Certified Papers (Sec. 118.060): |
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for the clerk's certificate . . . $ 5.00 |
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plus a fee per page or part of a page of . . . |
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$ 1.00 |
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(C) Noncertified Papers (Sec. 118.0605): |
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for each page or part of a page . . . $ 1.00 |
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(D) Letters Testamentary, Letter of |
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Guardianship, Letter of Administration, or Abstract of Judgment |
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(Sec. 118.061) . . . $ 2.00 |
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(E) Safekeeping of Wills (Sec. 118.062) . . . |
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$ 5.00 |
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(F) Mail Service of Process (Sec. |
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118.063) . . . same as sheriff |
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(G) Records Management and Preservation |
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Fee . . . $ 5.00 |
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SECTION 3. Section 118.055(a), Local Government Code, is |
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amended to read as follows: |
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(a) The fee for "Probate Original Action" under Section |
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118.052(2)(A) [118.052(2)] is for all clerical duties in connection |
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with an original action in a probate court. |
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SECTION 4. Section 118.057(a), Local Government Code, is |
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amended to read as follows: |
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(a) The fee for "Adverse Probate Action" under Section |
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118.052(2)(C) [118.052(2)] is for clerical duties in an adverse |
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action, contest, or suit in a probate court (other than the filing |
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of a claim against an estate) in which the movant or applicant |
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filing the intervention pleadings seeks any affirmative relief. |
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There is no charge for filing an original answer or response that is |
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strictly defensive to a previously filed pleading. |
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SECTION 5. Subchapter C, Chapter 118, Local Government |
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Code, is amended by adding Section 118.067 to read as follows: |
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Sec. 118.067. SUPPLEMENTAL COURT-INITIATED GUARDIANSHIP |
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FEE. (a) The "supplemental court-initiated guardianship fee" |
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under Section 118.052(2)(E) is for the support of the judiciary in |
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guardianships initiated under Section 683, Texas Probate Code. |
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Fees collected under Section 118.052(2)(E) shall be deposited in a |
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court-initiated guardianship fund in the county treasury and may be |
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used only to supplement, rather than supplant, other available |
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county funds used to: |
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(1) pay the compensation of a guardian ad litem |
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appointed by a court under Section 683, Texas Probate Code; |
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(2) pay the compensation of an attorney ad litem |
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appointed by a court to represent a proposed ward in a guardianship |
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proceeding initiated under Section 683, Texas Probate Code; and |
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(3) fund local guardianship programs that provide |
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guardians for indigent incapacitated persons who do not have family |
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members suitable and willing to serve as guardians. |
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(b) The supplemental court-initiated guardianship fee is |
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charged for: |
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(1) a probate original action described by Section |
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118.055 and for which a fee is charged in accordance with Section |
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118.052(2)(A)(i), (ii), (iii), (iv), or (v); and |
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(2) an adverse probate action described by Section |
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118.057 and for which a fee is charged in accordance with Section |
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118.052(2)(C). |
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(c) The supplemental court-initiated guardianship fee must |
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be paid by the person against whom the fee for a probate original |
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action or adverse probate action, as applicable, is charged and is |
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due at the time that fee is due. |
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(d) The supplemental court-initiated guardianship fee is in |
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addition to all other fees charged in probate original actions and |
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adverse probate actions. |
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SECTION 6. Subchapter E, Chapter 101, Government Code, is |
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amended by adding Section 101.0818 to read as follows: |
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Sec. 101.0818. STATUTORY COUNTY COURT FEES AND COSTS: |
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SUPPLEMENTAL COURT-INITIATED GUARDIANSHIP FEE. The clerk of a |
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statutory county court shall collect a supplemental |
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court-initiated guardianship fee of $20 under Sections 118.052 and |
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118.067, Local Government Code. |
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SECTION 7. Subchapter F, Chapter 101, Government Code, is |
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amended by adding Section 101.1016 to read as follows: |
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Sec. 101.1016. STATUTORY PROBATE COURT FEES AND COSTS: |
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SUPPLEMENTAL COURT-INITIATED GUARDIANSHIP FEE. The clerk of a |
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statutory probate court shall collect a supplemental |
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court-initiated guardianship fee of $20 under Sections 118.052 and |
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118.067, Local Government Code. |
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SECTION 8. Subchapter G, Chapter 101, Government Code, is |
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amended by adding Section 101.1217 to read as follows: |
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Sec. 101.1217. COUNTY COURT FEES AND COSTS: SUPPLEMENTAL |
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COURT-INITIATED GUARDIANSHIP FEE. The clerk of a county court |
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shall collect a supplemental court-initiated guardianship fee of |
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$20 under Sections 118.052 and 118.067, Local Government Code. |
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SECTION 9. The changes in law made by this Act apply only to |
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an action filed on or after the effective date of this Act. An |
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action filed before the effective date of this Act is governed by |
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the law in effect on the date the action was filed, and the former |
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law is continued in effect for that purpose. |
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SECTION 10. This Act takes effect September 1, 2007. |
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* * * * * |