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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of children's mental health services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 62, Health and Safety |
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Code, is amended by adding Section 62.160 to read as follows: |
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Sec. 62.160. MENTAL HEALTH SERVICES FOR CERTAIN CHILDREN. |
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(a) The commission, if feasible and cost-effective, shall provide |
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mental health services through the child health plan to a child with |
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mental health needs who: |
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(1) is not otherwise eligible for the child health |
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plan due to family income or resource eligibility criteria; and |
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(2) is at risk of being transferred to the custody of |
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the state to receive needed mental health services. |
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(b) The commissioner shall adopt rules to implement this |
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section. |
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SECTION 2. Chapter 1001, Health and Safety Code, is amended |
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by adding Subchapter E to read as follows: |
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SUBCHAPTER E. CHILDREN'S MENTAL HEALTH SERVICES |
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Sec. 1001.101. OFFICE OF CHILDREN'S MENTAL HEALTH. (a) The |
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commissioner by rule shall establish an Office of Children's Mental |
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Health to ensure that children in this state receive the mental |
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health services and supports they need through a comprehensive, |
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seamless system that delivers services at the local level and |
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recognizes that children and their families come first. |
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(b) The office shall develop and implement a comprehensive |
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plan for a mental health services system that includes: |
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(1) a family-centered approach to the delivery of |
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services that is accessible, culturally competent, and focused on |
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the attainment of positive outcomes for all children; |
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(2) the full spectrum of services and supports needed |
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to provide for the mental health of children without separating |
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children from the custody of their families; and |
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(3) methods to reduce the disparity in the access to |
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and type of mental health services provided to children of |
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different racial or ethnic groups. |
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(c) To ensure the quality of mental health services and |
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delivery of those services, the department through the office, |
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shall collaborate with: |
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(1) the Children's Mental Health Council established |
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by Section 1001.102; |
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(2) the Children's Mental Health Advisory Committee |
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established by Section 1001.103; and |
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(3) families of children requiring mental health |
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services. |
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Sec. 1001.102. CHILDREN'S MENTAL HEALTH COUNCIL. (a) The |
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Children's Mental Health Council is established to provide a |
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coordinated, comprehensive, interagency approach to the |
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development and delivery of mental health services to children. |
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(b) The council is composed of one representative from each |
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of the following state agencies, appointed by the chief |
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administrative officer of the respective agency: |
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(1) the Health and Human Services Commission; |
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(2) the Department of State Health Services; |
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(3) the Department of Family and Protective Services; |
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(4) the Department of Assistive and Rehabilitative |
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Services; |
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(5) the Department of Aging and Disability Services; |
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(6) the Texas Education Agency; |
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(7) the Texas Correctional Office on Offenders with |
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Medical or Mental Impairments; |
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(8) the Texas Juvenile Probation Commission; and |
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(9) the Texas Youth Commission. |
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(c) The members of the council shall annually elect one |
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member to serve as chairperson. |
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(d) The council, with the advice of the advisory committee |
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established under Section 1001.103, shall: |
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(1) develop and implement coordinated state policies |
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to improve the mental health of children; |
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(2) develop a coordinated system for planning and |
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budgeting that establishes priorities and strategies for the |
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coordinated delivery of mental health services to children; |
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(3) develop a coordinated system to track and report |
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spending on mental health services for children by agencies |
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represented by a member of the council; and |
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(4) assess the provision of mental health services to |
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children to eliminate duplication of efforts and identify |
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opportunities to consolidate those efforts. |
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(e) The council is administratively attached to the |
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department. The department shall provide administrative support |
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and resources to the council as necessary to enable the council to |
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perform its duties. |
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(f) The council is not subject to Chapter 2110, Government |
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Code. |
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Sec. 1001.103. CHILDREN'S MENTAL HEALTH ADVISORY |
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COMMITTEE. (a) The commission shall establish the Children's |
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Mental Health Advisory Committee to assist the council in the |
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performance of its duties. |
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(b) The governor shall appoint to the advisory committee |
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representatives from advocacy groups and organizations with |
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expertise in mental health issues involving children and from other |
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family advocates. The governor shall appoint as many members to the |
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advisory committee as the council considers necessary to assist the |
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council in performing its duties, but not less than the number of |
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agency representatives on the council. |
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(c) The advisory committee shall elect one member to serve |
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as chairperson, and shall meet in accordance with commission rules. |
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(d) A member of the advisory committee may not receive |
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compensation for serving on the committee, but is entitled to |
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reimbursement for travel expenses incurred while conducting the |
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business of the committee, as provided by the General |
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Appropriations Act. |
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(e) The commission shall provide administrative support and |
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resources to the advisory committee as necessary to enable the |
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committee to perform its duties. |
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(f) The committee is not subject to Chapter 2110, Government |
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Code. |
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Sec. 1001.104. INTERVENTION IN CHILDREN AND ADOLESCENTS. |
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To combat mental illness occurring in children and adolescents as |
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early as possible, to minimize poor school outcomes, and to improve |
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academic and vocational opportunities, the office in collaboration |
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with the commissioner of education shall: |
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(1) assess the availability and adequacy of |
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school-based mental health services and the assistance provided to |
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schools and children who exhibit a clear indication of risk for |
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referral to disciplinary classrooms or other behavioral referrals, |
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juvenile justice involvement, or other actions by community-based |
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mental health services; and |
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(2) build on initiatives regarding early childhood |
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intervention for children and adolescents by using a system of care |
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approach and by building a population-based, early intervention |
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approach for identified high-risk children and adolescents. |
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SECTION 3. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Section 32.0249 to read as follows: |
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Sec. 32.0249. MEDICAL ASSISTANCE FOR CERTAIN CHILDREN WITH |
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MENTAL HEALTH NEEDS. (a) The department, if feasible and |
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cost-effective, shall provide mental health services through the |
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medical assistance program to a child with mental health needs who: |
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(1) is not otherwise eligible for medical assistance |
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due to family income or resource eligibility criteria; and |
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(2) is at risk of being transferred to the custody of |
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the state to receive needed mental health services. |
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(b) The executive commissioner of the Health and Human |
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Services Commission shall adopt rules regarding the provision of |
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medical assistance under this section. |
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SECTION 4. (a) The Office of Children's Mental Health, with |
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the advice and assistance of the Children's Mental Health Council |
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and the Children's Mental Health Advisory Committee, shall develop |
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a plan to address the need for mental health services and supports |
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for: |
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(1) all children for whom the Department of Family and |
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Protective Services is appointed managing conservator solely |
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because of the need for mental health services; |
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(2) children who are determined by a court to require |
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mental health services; and |
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(3) any other special population of children, as |
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determined by the office. |
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(b) The plan must include: |
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(1) an analysis of federal funding, including funding |
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available under waivers, that may be used to support the provision |
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of the mental health services and supports and the feasibility of |
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securing those funds; |
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(2) an analysis of state funding available through the |
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state Medicaid program and the state child health plan; |
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(3) the effect on funding and programs created by |
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extending mental health services and supports to all children under |
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Subsection (a); |
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(4) any legislative recommendations needed to |
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implement the plan; and |
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(5) any other relevant information as determined by |
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the office. |
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(c) Not later than January 1, 2009, the office shall submit |
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the plan required by this section to the governor, lieutenant |
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governor, and speaker of the house of representatives. |
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SECTION 5. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 6. Not later than October 1, 2007, the chief |
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administrative officer of each agency listed in Section 1001.102, |
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Health and Safety Code, as added by this Act, shall appoint the |
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agency's representative to the Children's Mental Health Council |
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established by that section. |
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SECTION 7. Not later than November 1, 2007, the governor |
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shall appoint the initial members of the Children's Mental Health |
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Advisory Committee created by Section 1001.103, Health and Safety |
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Code, as added by this Act. |
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SECTION 8. This Act takes effect September 1, 2007. |