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A BILL TO BE ENTITLED
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AN ACT
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relating to surveys concerning school district and open-enrollment |
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charter school special education programs and grants to districts, |
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campuses, and open-enrollment charter schools that perform well on |
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the surveys and on other indicators. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 29, Education Code, is |
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amended by adding Sections 29.022-29.029 to read as follows: |
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Sec. 29.022. SPECIAL EDUCATION SURVEYS: DEVELOPMENT AND |
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DESIGN. (a) The agency shall develop an Internet-based data |
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collection platform that each school district and open-enrollment |
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charter school shall use to conduct surveys concerning: |
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(1) each student participating in the district's or |
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school's special education program; |
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(2) each student who has participated in the |
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district's or school's special education program and has graduated |
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from a district or school high school; and |
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(3) each student who has withdrawn from the district's |
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or school's special education program. |
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(b) The agency shall develop questions and a structure for |
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each survey required under Subsection (a) so that each survey is |
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designed to be completed in 15 minutes or less. In developing the |
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surveys, the agency shall: |
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(1) to the extent practicable, consult with one or |
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more national organizations with expertise in postsecondary |
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education, employment, or life skills for persons with |
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disabilities; and |
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(2) consult with: |
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(A) parents of students eligible under Section |
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29.003 to participate in a district or school special education |
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program; |
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(B) teachers who teach in special education |
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programs; |
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(C) school administrators; and |
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(D) other persons with significant interest or |
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expertise in special education, including: |
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(i) one person appointed by the presiding |
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officer of the standing committee in the senate with primary |
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jurisdiction over public education; and |
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(ii) one person appointed by the presiding |
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officer of the standing committee in the house of representatives |
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with primary jurisdiction over public education. |
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(c) A survey under Subsection (a)(1) shall be: |
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(1) designed to determine, among other information, |
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whether the person completing the survey: |
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(A) believes that the student is appropriately |
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progressing academically and, as appropriate based on the |
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grade-level or age of the student, toward living independently and |
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working competitively; |
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(B) has, as appropriate based on the person |
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completing the survey, an understanding of the educational rights |
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under federal law of a student with a disability; and |
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(C) is satisfied with admission, review, and |
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dismissal committee meetings, conflict resolution procedures and |
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outcomes, the level of due process provided in the special |
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education program, the amount and type of teacher training, teacher |
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retention, and, as applicable, the availability of student and |
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parent contact information; and |
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(2) disaggregated by type of disability and by |
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preschool, including early childhood, or primary or secondary |
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school grade-level or age of the student. |
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(d) A survey under Subsection (a)(2) shall be designed to |
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determine, among other information, whether the student is: |
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(1) attending a postsecondary educational institution |
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and, if so, the type of institution; |
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(2) living independently; and |
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(3) employed and, if so, the type of employment. |
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(e) A survey under Subsection (a)(3) shall be designed to |
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determine, among other information, the reason for the student's |
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withdrawal from the special education program, such as a change of |
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residence or a decision to educate the student at home or in a |
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private setting. |
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Sec. 29.023. SPECIAL EDUCATION SURVEYS: ADMINISTRATION AND |
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RESULTS. (a) A school district shall conduct the surveys developed |
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under Section 29.022 as follows: |
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(1) for a survey under Section 29.022(a)(1), once each |
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school year, after an admission, review, and dismissal committee |
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meeting; |
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(2) for a survey under Section 29.022(a)(2), |
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approximately 12 months and again approximately 60 months after the |
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date of a student's graduation; and |
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(3) for a survey under Section 29.022(a)(3), |
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approximately 12 months after the last day of the school year in |
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which the student withdrew from the district's or school's special |
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education program. |
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(b) For a survey under Section 29.022(a)(1), a school |
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district or open-enrollment charter school shall conduct separate |
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surveys of the parent of a student participating in the district or |
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school special education program, each teacher of the student, each |
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paraprofessional working with the student, and, to the extent |
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practicable, the student. For a survey under Section 29.022(a)(2) |
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or (3), a district or school shall conduct a separate survey of the |
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parent of each student who has participated in the district's or |
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school's special education program and, to the extent practicable, |
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each student. |
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(c) The agency shall develop a statewide Internet-based |
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information system that the agency posts on the agency's Internet |
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website and that provides current and historical survey results for |
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each school district, campus, and open-enrollment charter school |
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that are disaggregated by students' type of disability and by |
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students' preschool or grade-level range or age. In addition, the |
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information system must rank districts, campuses, and schools |
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among, as determined by the agency, peer institutions in this state |
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and, if practicable, nationally, based on: |
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(1) accomplishments by students and satisfaction with |
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special education programs, as indicated by the surveys conducted |
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under this section; and |
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(2) other indicators established by law and rules, as |
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determined appropriate by the agency, including the indicator under |
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Section 39.051(b)(12) and the districts', campuses', or schools' |
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current special education compliance status with the agency. |
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Sec. 29.024. SPECIAL EDUCATION REPORT CARD. The agency |
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shall develop and each school district or open-enrollment charter |
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school shall provide to the parent of each student participating in |
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the district's or school's special education program, before each |
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admission, review, and dismissal committee meeting, a special |
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education report card. The report card must indicate the discrete |
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and relative performance, disaggregated by students' type of |
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disability and by students' preschool or grade-level range or age, |
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of the district and campus or school on: |
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(1) issues surveyed under Sections 29.022 and 29.023; |
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and |
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(2) other indicators established by law and rules, as |
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determined appropriate by the agency, including the indicator under |
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Section 39.051(b)(12) and the district's and campus's or school's |
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current special education compliance status with the agency. |
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Sec. 29.025. SPECIAL EDUCATION SUCCESS GRANTS. (a) To the |
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extent funds are available, the agency shall award grants to school |
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districts, campuses, and open-enrollment charter schools with high |
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rankings under the information system under Section 29.023(c). |
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(b) The commissioner shall by rule adopt criteria on which |
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to base a grant award under this section, for grouping districts, |
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campuses, and open-enrollment charter schools based on the number |
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of students enrolled in the program and other factors, and for |
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distinguishing among districts, campuses, and schools. The rule |
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must require a district, campus, or school, before receiving an |
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award, to provide a detailed, written description of the special |
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education program, especially the aspects of the program that have |
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led to student success. The agency shall post each description on |
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the agency's Internet website and shall provide copies to school |
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districts, open-enrollment charter schools, and regional education |
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service centers and, on request, to members of the public. |
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(c) The total amount of grant awards under this section may |
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not exceed $2 million per year. |
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Sec. 29.026. SPECIAL EDUCATION SURVEYS: ANALYSIS. The |
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agency shall periodically perform a statistical analysis to isolate |
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particular results of surveys conducted under Sections 29.022 and |
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29.023 that predict student success. The agency shall post the |
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results of the analysis, without using any personally identifiable |
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student information, on the agency's Internet website and shall |
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provide copies of the results to school districts, open-enrollment |
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charter schools, and regional education service centers and, on |
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request, to members of the public. In addition, on request, the |
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agency shall make the information available to persons providing |
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research, members of special education advocacy groups, and other |
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interested persons. |
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Sec. 29.027. PARENT AND TEACHER CONTACT INFORMATION. The |
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agency shall provide a method by which parents and teachers of |
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students who have participated in a special education program and |
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completed a survey under Section 29.023 may, through the agency, |
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provide contact information to persons who provide training, |
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advocacy, or other targeted assistance in creating academic success |
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for students in special education programs. |
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Sec. 29.028. RULES. The commissioner shall adopt rules as |
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necessary to administer Sections 29.022-29.027. |
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Sec. 29.029. SPECIAL EDUCATION SURVEYS: IMPLEMENTATION |
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PLAN. Not later than January 1, 2010, the agency shall submit to |
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the governor, lieutenant governor, speaker of the house of |
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representatives, and presiding officers of the standing committees |
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of each house of the legislature with primary jurisdiction over |
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public education a plan for implementing the requirements of |
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Sections 29.022-29.027. Not later than June 15, 2010, school |
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districts and open-enrollment charter schools shall begin |
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conducting surveys under Sections 29.022 and 29.023. This section |
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expires June 30, 2010. |
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SECTION 2. 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, 2009. |