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A BILL TO BE ENTITLED
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AN ACT
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relating to providing certain computerized instructional material |
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for blind and visually impaired students at public institutions of |
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higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.970 to read as follows: |
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Sec. 51.970. INSTRUCTIONAL MATERIAL FOR BLIND AND VISUALLY |
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IMPAIRED STUDENTS. (a) In this section: |
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(1) "Blind or visually impaired student" includes any |
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student whose visual acuity is impaired to the extent that the |
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student is unable to read the print in the standard printed |
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instructional material used in a course in which the student is |
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enrolled. |
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(2) "Coordinating board" means the Texas Higher |
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Education Coordinating Board. |
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(3) "Governing board," "institution of higher |
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education," and "university system" have the meanings assigned by |
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Section 61.003. |
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(4) "Instructional material" means a book, system of |
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instructional material, or combination of a book and supplementary |
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instructional material that conveys information to or otherwise |
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contributes to the learning process of a student. |
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(5) "Special instructional material" means |
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instructional material in Braille, large type, audio form, digital |
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text, or any other medium or any apparatus that conveys information |
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to or otherwise contributes to the learning process of a blind or |
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visually impaired student. |
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(b) This section applies only to instructional material |
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that is: |
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(1) written and published primarily for postsecondary |
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instruction of students; and |
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(2) required or essential for a student's success in a |
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course at an institution of higher education, as identified by the |
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instructor of the course for which the instructional material will |
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be used, in consultation with the person at the institution with |
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primary responsibility for services for students with disabilities |
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and in accordance with rules adopted under Subsection (n)(1). |
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(c) To assist the institution in producing special |
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instructional material, a publisher or manufacturer of printed |
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instructional material assigned by an institution of higher |
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education for use by students in connection with a course at the |
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institution shall provide to the institution on the institution's |
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request in accordance with this section computerized files based on |
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the printed instructional material. The publisher or manufacturer, |
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as applicable, shall provide the computerized files as soon as |
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practicable after the date of receipt of the request and may not |
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impose any charge for providing the files. |
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(d) A request made by an institution of higher education |
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under Subsection (c) must: |
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(1) certify that for each blind or visually impaired |
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student who will use specialized instructional material based on |
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the requested computerized files for a course in which the student |
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is enrolled at the institution, either the institution or the |
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student has purchased a printed copy of the instructional material; |
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and |
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(2) be signed by the person at the institution with |
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primary responsibility for services for students with |
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disabilities. |
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(e) A publisher or manufacturer may require that a request |
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made by an institution of higher education under Subsection (c) |
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include from the student for whom the institution is making the |
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request a signed statement in which the student agrees: |
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(1) to use the requested computerized files and |
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related special instructional material only for the student's own |
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educational purposes; and |
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(2) not to copy or otherwise distribute for use by |
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others the requested computerized files or the printed |
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instructional material on which the requested computerized files |
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are based. |
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(f) The computerized files of the printed instructional |
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material must: |
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(1) be in a format that: |
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(A) except as provided by Subsections (g) and |
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(h), contains all of the information that is in the printed |
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instructional material, including any text, sidebar, table of |
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contents, chapter headings, chapter subheadings, footnotes, index, |
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glossary, and bibliography, and is approved by the publisher or |
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manufacturer, as applicable, and the institution of higher |
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education as a format that will contain that material; and |
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(B) is compatible with commonly used Braille |
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translation and speech synthesis software; and |
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(2) include any correction or revision available at |
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the time the computerized files are provided. |
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(g) If the publisher or manufacturer and the institution of |
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higher education are not able to agree on a format as required by |
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Subsection (f)(1)(A), the publisher or manufacturer, as |
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applicable, shall provide the computerized files in American |
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Standard Code for Information Interchange (ASCII) text or an |
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equivalent text and in a format that contains as much of the |
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material specified by that subsection as is practicable. |
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(h) The computerized files of the printed instructional |
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material are not required to contain nontextual elements such as |
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pictures, illustrations, graphs, or charts. |
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(i) If an institution of higher education permits a |
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student's direct use of the computerized files provided under this |
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section, the institution must: |
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(1) provide for the files to be protected against |
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copying; or |
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(2) take other reasonable precautions to ensure that |
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the student does not copy or otherwise distribute the files in a |
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manner that violates 17 U.S.C. Section 101 et seq. |
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(j) In the same manner as a publisher or manufacturer is |
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required under this section to provide computerized files of |
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printed instructional material, a publisher or manufacturer shall |
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provide to an institution of higher education according to the |
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procedures required by this section: |
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(1) computerized files of instructional material that |
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is not available in printed form only to the extent that technology |
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is available commercially to convert the non-printed instructional |
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material into a format that could contain all of the information |
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required by Subsection (f)(1)(A) and is compatible with commonly |
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used Braille translation and speech synthesis software; and |
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(2) computerized files of nontextual mathematics or |
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science material only to the extent that computer software |
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technology is available commercially to convert the computerized |
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files into a format compatible with commonly used Braille |
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translation and speech synthesis software or alternative media for |
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blind and visually impaired students. |
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(k) The governing board of a university system may establish |
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one or more centers for processing requests under this section by |
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the system's component institutions. If a governing board |
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establishes a center under this subsection, notwithstanding any |
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other provision of this section, a component institution of that |
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university system must submit a request under this section to the |
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center, the center must submit that request to the publisher or |
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manufacturer, and the publisher or manufacturer, as applicable, is |
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required to respond only to those requests under this section made |
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through a center. If a governing board establishes more than one |
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center, each of those centers shall coordinate requests made under |
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this section. If a publisher or manufacturer has responded to a |
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request by a center, a subsequent request for the same computerized |
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files that is made by a component institution served by the center |
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must be satisfied by the center. |
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(l) This section does not: |
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(1) prohibit an institution of higher education from: |
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(A) assisting a blind or visually impaired |
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student by using requested computerized files solely to transcribe |
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printed instructional material into Braille or other special |
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instructional material; or |
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(B) sharing that Braille transcription or other |
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special instructional material with other blind and visually |
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impaired students enrolled at the institution; or |
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(2) authorize any use of instructional material that |
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would constitute an infringement of copyright under 17 U.S.C. |
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Section 101 et seq. |
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(m) The coordinating board may impose a reasonable |
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administrative penalty against a publisher or manufacturer who |
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knowingly violates this section. The coordinating board shall |
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provide for a hearing to be held, in accordance with coordinating |
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board rule, to determine whether a penalty is to be imposed and the |
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amount of any penalty. The coordinating board shall base the amount |
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of any penalty on: |
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(1) the seriousness of the violation; |
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(2) any history of a previous violation; |
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(3) the amount necessary to deter a future violation; |
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(4) any effort to correct the violation; and |
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(5) any other matter justice requires. |
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(n) The coordinating board shall adopt rules for |
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administering this section, including rules that address: |
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(1) the method for identifying instructional material |
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considered to be required or essential for a student's success in a |
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course; |
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(2) the method for determining, for purposes of |
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Subsection (j), the commercial availability of technology for the |
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conversion of instructional material that is not available in |
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printed form and of nontextual mathematics or science material; |
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(3) the procedures and standards relating to |
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distribution of computerized files under this section; and |
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(4) any other matter considered necessary or |
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appropriate for the administration of this section. |
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SECTION 2. (a) Section 51.970, Education Code, as added by |
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this Act, applies beginning with requests for computerized files of |
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printed instructional material assigned for use by students in the |
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2008 spring semester. |
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(b) Not later than November 1, 2007, the Texas Higher |
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Education Coordinating Board shall adopt rules as required by |
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Section 51.970(n), Education Code, as added by this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |