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A BILL TO BE ENTITLED
|
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AN ACT
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|
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relating to the registration and operation of certain motor |
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vehicles. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 29.001, Parks and Wildlife Code, is |
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amended to read as follows: |
|
Sec. 29.001. DEFINITION. In this chapter, "off-highway |
|
vehicle" means: |
|
(1) an all-terrain vehicle, as defined by Section |
|
663.001, Transportation Code; |
|
(2) an off-highway motorcycle; [and] |
|
(3) a recreational off-highway vehicle, as defined by |
|
Section 502.001, Transportation Code; and |
|
(4) any other motorized vehicle used for off-highway |
|
recreation on: |
|
(A) public land over which the department has |
|
authority or on land purchased or leased by the department; or |
|
(B) land acquired or developed under a grant made |
|
under Section 29.008 or any other grant program operated or |
|
administered by the department. |
|
SECTION 2. Section 501.002(14), Transportation Code, is |
|
amended to read as follows: |
|
(14) "Motor vehicle" means: |
|
(A) any motor driven or propelled vehicle |
|
required to be registered under the laws of this state; |
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(B) a trailer or semitrailer, other than |
|
manufactured housing, that has a gross vehicle weight that exceeds |
|
4,000 pounds; |
|
(C) a house trailer; |
|
(D) an all-terrain vehicle or a recreational |
|
off-highway vehicle, as those terms are defined by Section 502.001, |
|
designed by the manufacturer for off-highway use that is not |
|
required to be registered under the laws of this state; or |
|
(E) a motorcycle, motor-driven cycle, or moped |
|
that is not required to be registered under the laws of this state, |
|
other than a motorcycle, motor-driven cycle, or moped designed for |
|
and used exclusively on a golf course. |
|
SECTION 3. Section 502.001, Transportation Code, is amended |
|
by amending Subdivision (1) and adding Subdivision (19-a) to read |
|
as follows: |
|
(1) "All-terrain vehicle" means a motor vehicle that |
|
is: |
|
(A) equipped with a saddle[, bench, or bucket
|
|
seats] for the use of: |
|
(i) the rider; and |
|
(ii) a passenger, if the motor vehicle is |
|
designed by the manufacturer to transport a passenger; |
|
(B) designed to propel itself with three or more |
|
tires in contact with the ground; |
|
(C) designed by the manufacturer for off-highway |
|
use; and |
|
(D) not designed by the manufacturer primarily |
|
for farming or lawn care. |
|
(19-a) "Recreational off-highway vehicle" means a motor |
|
vehicle that is: |
|
(A) equipped with a non-straddle seat for the use |
|
of: |
|
(i) the rider; and |
|
(ii) a passenger, if the vehicle is |
|
designed by the manufacturer to transport a passenger; |
|
(B) designed to propel itself with four or more |
|
tires in contact with the ground; |
|
(C) designed by the manufacturer for off-highway |
|
use by the operator only; and |
|
(D) not designed by the manufacturer primarily |
|
for farming or lawn care. |
|
SECTION 4. Section 502.006, Transportation Code, is amended |
|
to read as follows: |
|
Sec. 502.006. CERTAIN OFF-HIGHWAY [ALL-TERRAIN] VEHICLES. |
|
(a) Except as provided by Subsection (b), a person may not register |
|
an all-terrain vehicle or a recreational off-highway vehicle, with |
|
or without design alterations, for operation on a public highway. |
|
(b) The state, a county, or a municipality may register an |
|
all-terrain vehicle or a recreational off-highway vehicle for |
|
operation on a public beach or highway to maintain public safety and |
|
welfare. |
|
(c) [(e)] Section 502.172 does not apply to an all-terrain |
|
vehicle or a recreational off-highway vehicle. |
|
SECTION 5. Section 547.001, Transportation Code, is amended |
|
by adding Subsection (2-a) to read as follows: |
|
(2-a) "Golf cart" has the meaning assigned by Section |
|
502.001. |
|
SECTION 6. Section 547.002, Transportation Code, is amended |
|
to read as follows: |
|
Sec. 547.002. APPLICABILITY. Unless a provision is |
|
specifically made applicable, this chapter and the rules of the |
|
department adopted under this chapter do not apply to: |
|
(1) an implement of husbandry; |
|
(2) road machinery; |
|
(3) a road roller; |
|
(4) a farm tractor; |
|
(5) a bicycle, a bicyclist, or bicycle equipment; |
|
(6) an electric bicycle, an electric bicyclist, or |
|
electric bicycle equipment; or |
|
(7) a golf cart that is operated only as authorized by |
|
[not required to be registered under] Section 551.403 [502.284]. |
|
SECTION 7. Subsection (d), Section 547.703, Transportation |
|
Code, is amended to read as follows: |
|
(d) A golf cart that is operated at a speed of not more than |
|
25 miles per hour [as defined by Section 502.001] is required to |
|
display a slow-moving-vehicle emblem [only] when it is operated on |
|
a public highway, as defined by Section 502.001, under Section |
|
551.403 or 551.404 [an arterial street]. |
|
SECTION 8. Chapter 551, Transportation Code, is amended by |
|
adding Subchapter F to read as follows: |
|
SUBCHAPTER F. GOLF CARTS |
|
Sec. 551.401. DEFINITIONS. In this subchapter, "golf cart" |
|
and "public highway" have the meanings assigned by Section 502.001. |
|
Sec. 551.402. REGISTRATION NOT AUTHORIZED. (a) The Texas |
|
Department of Transportation may not register a golf cart for |
|
operation on a public highway regardless of whether any alteration |
|
has been made to the golf cart. |
|
(b) The department may issue license plates for a golf cart |
|
only as authorized by Section 504.510. |
|
Sec. 551.403. LIMITED OPERATION. (a) An operator may |
|
operate a golf cart: |
|
(1) in a master planned community: |
|
(A) that has in place a uniform set of |
|
restrictive covenants; and |
|
(B) for which a county or municipality has |
|
approved a plat; |
|
(2) on a public or private beach; or |
|
(3) on a public highway for which the posted speed |
|
limit is not more than 35 miles per hour, if the golf cart is |
|
operated: |
|
(A) during the daytime; and |
|
(B) not more than two miles from the location |
|
where the golf cart is usually parked and for transportation to or |
|
from a golf course. |
|
(b) The Texas Department of Transportation or a county or |
|
municipality may prohibit the operation of a golf cart on a public |
|
highway if the department or the governing body of the county or |
|
municipality determines that the prohibition is necessary in the |
|
interest of safety. |
|
Sec. 551.404. OPERATION IN MUNICIPALITIES. (a) In |
|
addition to the operation authorized by Section 551.403, the |
|
governing body of a municipality may allow an operator to operate a |
|
golf cart on all or part of a public highway that: |
|
(1) is in the corporate boundaries of the |
|
municipality; and |
|
(2) has a posted speed limit of not more than 35 miles |
|
per hour. |
|
(b) A golf cart operated under Subsection (a) must have the |
|
following equipment: |
|
(1) headlamps; |
|
(2) taillamps; |
|
(3) reflectors; |
|
(4) parking brake; and |
|
(5) mirrors. |
|
Sec. 551.405. CROSSING CERTAIN ROADWAYS. A golf cart may |
|
cross intersections, including a road or street that has a posted |
|
speed limit of more than 35 miles per hour. |
|
SECTION 9. Subsection (a), Section 601.052, Transportation |
|
Code, is amended to read as follows: |
|
(a) Section 601.051 does not apply to: |
|
(1) the operation of a motor vehicle that: |
|
(A) is a former military vehicle or is at least 25 |
|
years old; |
|
(B) is used only for exhibitions, club |
|
activities, parades, and other functions of public interest and not |
|
for regular transportation; and |
|
(C) for which the owner files with the department |
|
an affidavit, signed by the owner, stating that the vehicle is a |
|
collector's item and used only as described by Paragraph (B); |
|
(2) the operation of a golf cart that is operated only |
|
as authorized by [not required to be registered under] Section |
|
551.403 [502.284]; or |
|
(3) a volunteer fire department for the operation of a |
|
motor vehicle the title of which is held in the name of a volunteer |
|
fire department. |
|
SECTION 10. The following sections of the Transportation |
|
Code are repealed: |
|
(1) Section 502.0071; and |
|
(2) Subsection (e), Section 547.703. |
|
SECTION 11. The heading to Subtitle G, Title 7, |
|
Transportation Code, is amended to read as follows: |
|
SUBTITLE G. MOTORCYCLES AND OFF-HIGHWAY [ALL-TERRAIN] VEHICLES |
|
SECTION 12. The heading to Chapter 663, Transportation |
|
Code, is amended to read as follows: |
|
CHAPTER 663. CERTAIN OFF-HIGHWAY [ALL-TERRAIN] VEHICLES |
|
SECTION 13. Section 663.001, Transportation Code, is |
|
amended by adding Subdivision (3) to read as follows: |
|
(3) "Recreational off-highway vehicle" has the |
|
meaning assigned by Section 502.001. |
|
SECTION 14. Subchapter A, Chapter 663, Transportation Code, |
|
is amended by adding Section 663.003 to read as follows: |
|
Sec. 663.003. RECREATIONAL OFF-HIGHWAY VEHICLES. This |
|
chapter applies to the operator and operation of a recreational |
|
off-highway vehicle in the same manner as if the recreational |
|
off-highway vehicle were an all-terrain vehicle. |
|
SECTION 15. Section 502.160, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 502.160. FEE: MOTORCYCLE OR MOPED. The fee for a |
|
registration year for registration of a motorcycle or moped is $30. |
|
SECTION 16. The heading to Section 502.161, Transportation |
|
Code, is amended to read as follows: |
|
Sec. 502.161. FEE: VEHICLES THAT WEIGH 6,000 POUNDS OR LESS |
|
[PASSENGER CAR, MUNICIPAL BUS, PRIVATE BUS]. |
|
SECTION 17. Subsection (a), Section 502.161, |
|
Transportation Code, is amended to read as follows: |
|
(a) The fee for a registration year for registration of a |
|
vehicle with a gross weight of [passenger car, a municipal bus, or a
|
|
private bus that weighs] 6,000 pounds or less is $50.75, unless |
|
otherwise provided in this chapter[:
|
|
[(1)
$40.50 for a vehicle the model year of which is
|
|
more than six years before the year in which the registration year
|
|
begins;
|
|
[(2)
$50.50 for a vehicle the model year of which is
|
|
more than three years but is six years or less before the year in
|
|
which the registration year begins; or
|
|
[(3)
$58.50 for a vehicle the model year of which is
|
|
three years or less before the year in which the registration year
|
|
begins]. |
|
SECTION 18. The heading to Section 502.162, Transportation |
|
Code, is amended to read as follows: |
|
Sec. 502.162. FEE: VEHICLES THAT WEIGH MORE THAN 6,000 |
|
POUNDS [COMMERCIAL MOTOR VEHICLE OR TRUCK-TRACTOR]. |
|
SECTION 19. Subsection (a), Section 502.162, |
|
Transportation Code, is amended to read as follows: |
|
(a) The fee for a registration year for registration of a |
|
vehicle with a gross weight of more than 6,000 pounds is [commercial
|
|
motor vehicle or truck-tractor is $25 plus an amount determined
|
|
according to the vehicle's gross weight and tire equipment,] as |
|
follows unless otherwise provided in this chapter: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
[Gross weight
|
[Fee for each 100 pounds or
|
|
|
|
|
|
[in pounds
|
[fraction of 100 pounds
|
|
|
|
|
|
|
|
|
|
[Equipped with
|
|
[Equipped with
|
|
|
|
|
[pneumatic tires
|
|
[solid tires
|
|
|
|
|
[6,001-8,000
|
|
[ 0.495
|
|
[0.66
|
|
|
[8,001-10,000
|
|
[ 0.605
|
|
[0.77
|
|
|
[10,001-17,000
|
|
[ 0.715
|
|
[0.88
|
|
|
[17,001-24,000
|
|
[ 0.77
|
|
[0.99
|
|
|
[24,001-31,000
|
|
[ 0.88
|
|
[1.10
|
|
|
[31,001 and over
|
|
[ 0.99
|
|
[1.32] |
|
|
SECTION 20. Section 502.165, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 502.165. FEE: ROAD TRACTOR. The fee for a |
|
registration year for registration of a road tractor is the fee |
|
prescribed by [$25 plus an amount determined according to the
|
|
vehicle's] weight as certified by a public weigher or a license and |
|
weight inspector of the Department of Public Safety under Section |
|
502.161 or 502.162, as applicable.[, as follows:
|
|
|
|
|
|
[pounds
|
[fraction of 100 pounds
|
|
|
|
|
|
|
|
|
|
|
|
|
SECTION 21. The heading to Section 502.166, Transportation |
|
Code, is amended to read as follows: |
|
Sec. 502.166. FEE: TRAILER, TRAVEL TRAILER, OR |
|
SEMITRAILER. |
|
SECTION 22. Section 502.166, Transportation Code, is |
|
amended by amending Subsection (a) and adding Subsection (a-1) to |
|
read as follows: |
|
(a) The fee for a registration year for registration of a |
|
trailer, travel trailer, or semitrailer with a [is $25 plus an
|
|
amount determined according to the vehicle's] gross weight of 6,000 |
|
pounds or less is $45.00. |
|
(a-1) The fee for a registration year for registration of a |
|
trailer, travel trailer, or semitrailer with a gross weight of more |
|
than 6,000 pounds is calculated by gross weight according to |
|
Section 502.162. [and tire equipment, as follows:
|
|
[Gross weight
|
[Fee for each 100 pounds or
|
|
|
|
|
|
[in pounds
|
[fraction of 100 pounds
|
|
|
|
|
|
|
|
|
|
[Equipped with
|
|
[Equipped with
|
|
|
|
|
[pneumatic tires
|
|
[solid tires
|
|
|
|
|
[6,001-8,000
|
|
[ 0.44
|
|
[0.55
|
|
|
[8,001-10,000
|
|
[ 0.55
|
|
[0.66
|
|
|
[10,001-17,000
|
|
[ 0.66
|
|
[0.88
|
|
|
[17,001 and over
|
|
[ 0.715
|
|
[0.99] |
|
|
SECTION 23. Subsections (a), (b), and (c), Section 502.167, |
|
Transportation Code, are amended to read as follows: |
|
(a) This section applies only to a truck-tractor or |
|
commercial motor vehicle with a gross weight [manufacturer's rated
|
|
carrying capacity] of more than 10,000 pounds [one ton] that is used |
|
or is to be used in combination with a semitrailer that has a gross |
|
weight of more than 6,000 pounds. |
|
(b) The [Notwithstanding Section 502.162, the] fee for a |
|
registration year for registration of a truck-tractor or commercial |
|
motor vehicle is calculated by gross weight according to Section |
|
502.162. [$40 plus an amount determined according to the combined
|
|
gross weight of the vehicles, as follows:
|
|
|
|
[Combined gross weight
|
[or
|
|
|
[in pounds
|
[fraction of 100 pounds
|
|
|
|
|
|
|
|
|
|
|
(c) The [Notwithstanding Section 502.166, the] fee for a |
|
registration year for registration of a semitrailer used in the |
|
manner described by Subsection (a), regardless of the date the |
|
semitrailer is registered, is: |
|
(1) $30, for a semitrailer being propelled by a power |
|
unit for which a permit under Section 623.011 has been issued; or |
|
(2) $15, for a semitrailer being propelled by a power |
|
unit for which a permit under Section 623.011 has not been issued. |
|
SECTION 24. Section 502.168, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 502.168. FEE: MOTOR BUS. The fee for a registration |
|
year for registration of a motor bus is the fee prescribed by |
|
Section 502.161 or 502.162, as applicable. [$25 plus an amount
|
|
determined according to the vehicle's gross weight, as follows:
|
|
|
|
|
|
[in pounds
|
[fraction of 100 pounds
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
SECTION 25. Subsection (b), Section 502.1705, |
|
Transportation Code, is amended to read as follows: |
|
(b) The department may use money collected under this |
|
section to provide for or enhance [perform one or more of the
|
|
following]: |
|
(1) [enhancing the department's automated
|
|
registration and title system;
|
|
[(2)
providing for the automated on-site production of
|
|
registration insignia; or
|
|
[(3) providing for] automated on-premises and |
|
off-premises [self-service] registration; and |
|
(2) services related to the titling of vehicles. |
|
SECTION 26. The heading to Section 502.184, Transportation |
|
Code, is amended to read as follows: |
|
Sec. 502.184. REPLACEMENT OF [LOST, STOLEN, OR MUTILATED
|
|
LICENSE PLATE OR] REGISTRATION INSIGNIA. |
|
SECTION 27. Subsections (a), (b), (e), and (f), Section |
|
502.184, Transportation Code, are amended to read as follows: |
|
(a) The owner of a registered motor vehicle may obtain [from
|
|
the department through the county assessor-collector replacement
|
|
license plates or] a replacement registration insignia by: |
|
(1) certifying [filing with the assessor-collector a
|
|
statement:
|
|
[(A)
showing that one or both of the license
|
|
plates or the registration insignia to be replaced has been lost,
|
|
stolen, or mutilated; and
|
|
[(B) stating] that the replacement [no license
|
|
plate or] registration insignia [to be replaced] will not be used on |
|
any other vehicle owned or operated by the person making the |
|
statement; |
|
(2) paying a fee of $6 [$5] plus the fees required by |
|
Section [Sections 502.170(a) and] 502.1705(a) for [each set of
|
|
replacement license plates or] each replacement registration |
|
insignia, except as provided by other law [Subsection (b), (c), or
|
|
(i)]; and |
|
(3) returning [to the assessor-collector] each |
|
replaced [plate or] registration insignia in the owner's |
|
possession. |
|
(b) No fee is required under this section if the replacement |
|
fee for a license plate has been paid under Section 502.1841 [for
|
|
the replacement of lost, stolen, or mutilated specialized license
|
|
plates issued under Sections 504.308 and 504.315(e) and (f)]. [The
|
|
fee for replacement of certain specialized license plates is:
|
|
[License plates issued under:
|
|
[Fee:
|
|
|
|
|
|
|
(e) A county assessor-collector may not issue [replacement
|
|
license plates or] a replacement registration insignia without |
|
complying with this section. |
|
(f) A county assessor-collector shall retain $2.50 of each |
|
fee collected under this section and shall report and send the |
|
remainder to the department [as provided by Sections 502.102 and
|
|
502.105]. |
|
SECTION 28. Subchapter D, Chapter 502, Transportation Code, |
|
is amended by adding Section 502.1841 to read as follows: |
|
Sec. 502.1841. REPLACEMENT LICENSE PLATES. (a) The owner |
|
of a registered motor vehicle may obtain replacement license plates |
|
for the vehicle by: |
|
(1) certifying that the replacement plates will not be |
|
used on any other vehicle owned or operated by the person making the |
|
statement; |
|
(2) paying a fee of $6 plus the fee required by Section |
|
502.1705(a) for each set of replacement license plates, unless |
|
otherwise specified by law; and |
|
(3) returning to the department each license plate in |
|
the owner's possession for which a replacement license plate is |
|
obtained. |
|
(b) Replacement license plates may not be issued except as |
|
provided by this section. |
|
(c) A county assessor-collector shall retain $2.50 of each |
|
fee collected under this section and forward the remainder of the |
|
fee to the department. |
|
(d) The fee required by this section applies to the issuance |
|
of license plates for a transferred used vehicle for which the |
|
registration and license plates were not transferred under |
|
Subchapter I. |
|
SECTION 29. Subsection (d), Section 504.101, |
|
Transportation Code, is amended to read as follows: |
|
(d) The department may not issue a replacement set of |
|
personalized license plates to the same person before the sixth |
|
anniversary of the date of issuance unless the applicant for |
|
issuance of replacement plates pays the [an additional] fee |
|
required by Section 502.1841 [of $30]. |
|
SECTION 30. Section 504.501, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 504.501. CLASSIC MOTOR VEHICLES AND TRAVEL TRAILERS. |
|
(a) The department shall issue specialty license plates for a |
|
motor vehicle that is at least 25 years old. The license plates |
|
must include the word "Classic" [words "Classic Auto," "Classic
|
|
Motorcycle," or "Classic Truck"] or a similar designation, as |
|
appropriate. |
|
(b) A person eligible for the license plates may instead use |
|
license plates that were issued by this state in the same year as |
|
the model year of the vehicle and are approved by the department if |
|
the plates are approved for the vehicle before January 1, 2011. The |
|
department may require the attachment of a registration insignia to |
|
the license plate in a manner that does not affect the display of |
|
information originally on the license plate. |
|
(c) There is no [The] fee for issuance or approval of |
|
license plates under this section [is $15]. |
|
SECTION 31. Subsection (c), Section 504.505, |
|
Transportation Code, is amended to read as follows: |
|
(c) There is no [The initial] fee for issuance of the |
|
license plates [is $8]. The license plates may be renewed without |
|
payment of a fee. |
|
SECTION 32. Subsection (b), Section 504.507, |
|
Transportation Code, is amended to read as follows: |
|
(b) There is no [The] fee for issuance of the license plates |
|
[is $8]. The department shall: |
|
(1) [also] collect any [additional] fee that a county |
|
imposes under this chapter for registration of a forestry vehicle; |
|
and |
|
(2) send the fee to the appropriate county for |
|
disposition. |
|
SECTION 33. Subsection (b), Section 504.508, |
|
Transportation Code, is amended to read as follows: |
|
(b) There is no [The] fee for issuance of the license plates |
|
[is $15]. |
|
SECTION 34. Section 504.509, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 504.509. VEHICLES CARRYING MOBILE AMATEUR RADIO |
|
EQUIPMENT. [(a)] The department shall issue specialty license |
|
plates for a person who holds an amateur radio station license |
|
issued by the Federal Communications Commission and who operates |
|
receiving and transmitting mobile amateur radio equipment. The |
|
license plates shall include the person's amateur call letters as |
|
assigned by the Federal Communications Commission. A person may |
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register more than one vehicle equipped with mobile amateur radio |
|
equipment under this section, and the department shall issue |
|
license plates that include the same amateur call letters for each |
|
vehicle. |
|
[(b)
The fee for issuance of the license plates is $2 for the
|
|
first year and $1 for each subsequent year.] |
|
SECTION 35. Subsection (b), Section 504.510, |
|
Transportation Code, is amended to read as follows: |
|
(b) The fee for issuance of the license plates is $6 [$10]. |
|
SECTION 36. Subsection (a), Section 504.801, |
|
Transportation Code, is amended to read as follows: |
|
(a) The department may create new specialty license plates |
|
on its own initiative or on receipt of an application from a |
|
potential sponsor. A new specialty license plate created under |
|
this section must comply with each requirement of Section 504.702 |
|
unless the license is created by the department on its own |
|
initiative. The department may permit a specialty license plate |
|
created under this section to be personalized. The redesign of an |
|
existing specialty license plate at the request of a sponsor shall |
|
be treated like the issuance of a new specialty license plate, |
|
except that the department may require a nonrefundable design fee |
|
[lower deposit amount to reflect the actual costs of redesigning
|
|
the license plate]. |
|
SECTION 37. The following provisions of the Transportation |
|
Code are repealed: |
|
(1) Section 502.007; |
|
(2) Subsection (b), Section 502.161; |
|
(3) Section 502.170; |
|
(4) Subsection (c), Section 502.1705; |
|
(5) Section 502.187; |
|
(6) Subsection (c), Section 502.201; |
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(7) Section 502.453; |
|
(8) Subsection (b), Section 504.409; and |
|
(9) Section 504.5011. |
|
SECTION 38. Sections 1 through 14 of this Act take effect |
|
September 1, 2009. Sections 15 through 37 of this Act take effect |
|
September 1, 2011. |
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* * * * * |