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A BILL TO BE ENTITLED
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AN ACT
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relating to emergency management. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 418.043, Government Code, is amended to |
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read as follows: |
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Sec. 418.043. OTHER POWERS AND DUTIES. The division shall: |
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(1) determine requirements of the state and its |
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political subdivisions for food, clothing, and other necessities in |
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event of a disaster; |
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(2) procure and position supplies, medicines, |
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materials, and equipment; |
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(3) adopt standards and requirements for local and |
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interjurisdictional emergency management plans; |
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(4) periodically review local and interjurisdictional |
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emergency management plans; |
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(5) coordinate deployment of mobile support units; |
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(6) establish and operate training programs and |
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programs of public information or assist political subdivisions and |
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emergency management agencies to establish and operate the |
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programs; |
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(7) make surveys of public and private industries, |
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resources, and facilities in the state that are necessary to carry |
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out the purposes of this chapter; |
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(8) plan and make arrangements for the availability |
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and use of any private facilities, services, and property and |
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provide for payment for use under terms and conditions agreed on if |
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the facilities are used and payment is necessary; |
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(9) establish a register of persons with types of |
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training and skills important in disaster mitigation, |
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preparedness, response, and recovery; |
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(10) establish a register of mobile and construction |
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equipment and temporary housing available for use in a disaster; |
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(11) assist political subdivisions in developing |
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plans for the humane evacuation, transport, and temporary |
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sheltering of service animals and household pets in a disaster; |
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(12) prepare, for issuance by the governor, executive |
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orders and regulations necessary or appropriate in coping with |
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disasters; |
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(13) cooperate with the federal government and any |
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public or private agency or entity in achieving any purpose of this |
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chapter and in implementing programs for disaster mitigation, |
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preparation, response, and recovery; [and] |
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(14) cooperate with the Federal Emergency Management |
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Agency to create uniform guidelines for acceptable home repairs |
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following disasters and promote public awareness of the guidelines; |
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(15) cooperate with state agencies to include |
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information on volunteering during a disaster in all state disaster |
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preparation information resources, including Internet websites; |
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(16) establish a liability awareness program for |
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volunteers, including medical professionals; and |
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(17) do other things necessary, incidental, or |
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appropriate for the implementation of this chapter. |
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SECTION 2. Subchapter C, Chapter 418, Government Code, is |
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amended by adding Section 418.050 to read as follows: |
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Sec. 418.050. PHASED REENTRY PLAN. (a) The division shall |
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develop a phased reentry plan to govern the order in which |
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particular groups of people are allowed to reenter areas previously |
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evacuated because of a disaster or threat of disaster. The plan may |
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provide different reentry procedures for different types of |
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disasters. |
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(b) The division shall consider giving priority under the |
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phased reentry plan to public safety officials, utility employees, |
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insurance claims adjusters, the media, and area residents. The |
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division shall consider preauthorizing insurance claims adjusters |
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to reenter evacuated areas as soon as practicable to begin |
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processing claims. |
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(c) The division, in consultation with representatives of |
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affected industries, shall develop a reentry credentialing |
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process. The division may include the credentialing process in the |
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phased reentry plan or administer the credentialing process |
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separately. |
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SECTION 3. Subchapter H, Chapter 418, Government Code, is |
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amended by adding Sections 418.185, 418.189, 418.190, and 418.191 |
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to read as follows: |
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Sec. 418.185. MANDATORY EVACUATION. (a) This section does |
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not apply to a person who is authorized to be in an evacuated area, |
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including a person who returns to the area under a phased reentry |
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plan or reentry credentialing process under Section 418.050. |
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(b) A county judge or mayor of a municipality who orders the |
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evacuation of an area stricken or threatened by a disaster by order |
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may compel persons who remain in the evacuated area to leave and |
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authorize the use of reasonable force to remove persons from the |
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area. |
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(c) The governor and a county judge or mayor of a |
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municipality who orders the evacuation of an area stricken or |
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threatened by a disaster by a concurrent order may compel persons |
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who remain in the evacuated area to leave and authorize the use of |
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reasonable force to remove persons from the area. |
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(d) A person is civilly liable to a governmental entity, or |
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a nonprofit agency cooperating with a governmental entity, that |
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conducts a rescue on the person's behalf for the cost of the rescue |
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effort if: |
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(1) the person knowingly ignored a mandatory |
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evacuation order under this section and: |
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(A) engaged in an activity or course of action |
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that a reasonable person would not have engaged in; or |
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(B) failed to take a course of action a |
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reasonable person would have taken; |
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(2) the person's actions under Subdivision (1) placed |
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the person or another person in danger; and |
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(3) a governmental rescue effort was undertaken on the |
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person's behalf. |
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Sec. 418.189. DISASTER MANAGEMENT OUTREACH. A state agency |
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involved in disaster management shall conduct outreach and |
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disseminate information regarding disaster preparedness and |
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recovery to the general public, including residents of affected |
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areas, and issue an annual report to the legislature regarding |
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those activities. |
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Sec. 418.190. AGRICULTURE EMERGENCY RESPONSE PLAN. (a) |
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The Department of Agriculture shall prepare and keep current an |
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agriculture emergency response plan. The plan must include |
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provisions for: |
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(1) identifying and assessing necessary training; and |
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(2) providing information on recovery, relief, and |
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assistance following a disaster. |
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(b) The Department of Agriculture shall include the plan |
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developed under Subsection (a) in an annual report to the |
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legislature. |
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Sec. 418.191. MEDICAL SPECIAL NEEDS VOLUNTEERS. (a) An |
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entity responsible for the care of individuals with special needs |
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shall develop and distribute information on volunteering in |
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connection with a disaster. |
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(b) The division shall provide information to interested |
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parties and the public regarding how volunteers can be identified |
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and trained to help all groups of people, including those with |
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special needs and those who are residents of assisted living |
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facilities. |
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SECTION 4. Subchapter B, Chapter 242, Health and Safety |
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Code, is amended by adding Section 242.0395 to read as follows: |
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Sec. 242.0395. REGISTRATION WITH TEXAS INFORMATION AND |
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REFERRAL NETWORK. (a) An institution licensed under this chapter |
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shall register with the Texas Information and Referral Network |
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under Section 531.0312, Government Code, to assist the state in |
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identifying persons needing assistance evacuating in a disaster or |
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other emergency. |
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(b) The institution is not required to identify individual |
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residents who may require assistance in evacuating in an emergency |
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or to register individual residents with the Texas Information and |
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Referral Network for evacuation assistance. |
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(c) The institution shall notify each resident and the |
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resident's next of kin or guardian regarding how to register for |
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evacuation assistance with the Texas Information and Referral |
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Network. |
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SECTION 5. Subchapter B, Chapter 247, Health and Safety |
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Code, is amended by adding Section 247.0275 to read as follows: |
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Sec. 247.0275. REGISTRATION WITH TEXAS INFORMATION AND |
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REFERRAL NETWORK. (a) An assisted living facility licensed under |
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this chapter shall register with the Texas Information and Referral |
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Network under Section 531.0312, Government Code, to assist the |
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state in identifying persons needing assistance evacuating in a |
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disaster or other emergency. |
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(b) The assisted living facility is not required to identify |
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individual residents who may require assistance in evacuating in an |
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emergency or to register individual residents with the Texas |
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Information and Referral Network for evacuation assistance. |
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(c) The assisted living facility shall notify each resident |
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and the resident's next of kin or guardian regarding how to register |
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for evacuation assistance with the Texas Information and Referral |
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Network. |
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SECTION 6. Not later than the 30th day after the effective |
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date of this section, the division of emergency management in the |
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office of the governor shall issue a report to the legislature |
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regarding the implementation of medical special needs plans in |
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connection with Hurricane Ike, including identification, |
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evacuation, transportation, shelter, care, and reentry during the |
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period ending on the 30th day after the conclusion of the disaster. |
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The Department of State Health Services shall cooperate in the |
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preparation of the report. |
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SECTION 7. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2009. |
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(b) Section 6 of this Act takes effect immediately if this |
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Act receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, Section 6 of this Act takes effect September 1, 2009. |