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A BILL TO BE ENTITLED
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AN ACT
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relating to the monitoring of and the provision of certain |
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information regarding certain high-risk sex offenders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 62, Code of Criminal |
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Procedure, is amended by adding Article 62.0052 to read as follows: |
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Art. 62.0052. ELECTRONIC MAIL REPORTS FOR STATE |
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LEGISLATORS. (a) The department shall maintain an electronic mail |
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report service to which a member of the house of representatives or |
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the senate of this state may electronically subscribe. |
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(b) The electronic mail report service maintained under |
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Subsection (a) must: |
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(1) allow a subscribing representative or senator to |
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request for each zip code any portion of which is located in the |
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representative's or senator's district notification of: |
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(A) the release from a penal institution or |
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placement on deferred adjudication community supervision, |
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community supervision, or juvenile probation of a person who |
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expects to reside or resides in that zip code and is required to |
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register under this chapter; and |
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(B) any change in address of a person who expects |
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to reside or resides in that zip code and is required to register |
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under this chapter; and |
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(2) not less frequently than monthly, deliver to the |
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subscribing representative or senator a report containing the |
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information described by Subdivision (1). |
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(c) The department must include any public information |
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described by Article 62.005 in an electronic mail report sent to a |
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subscribing representative or senator. |
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SECTION 2. Subchapter B, Chapter 62, Code of Criminal |
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Procedure, is amended by adding Article 62.0531 to read as follows: |
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Art. 62.0531. DETERMINATION OF PREDATORY RISK LEVEL. (a) |
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In this article, "sexually predatory conduct" means conduct that is |
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engaged in for the purpose of victimization and that: |
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(1) is directed toward a stranger, a person of casual |
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acquaintance with whom no substantial relationship exists, or a |
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person with whom a relationship has been established or promoted |
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for the purpose of victimization; and |
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(2) violates: |
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(A) Section 21.11(a)(1), 22.011, or 22.021, |
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Penal Code; |
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(B) Section 43.25, Penal Code; |
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(C) Section 20.04(a)(4), Penal Code, if the |
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conduct is committed with the intent to violate or abuse the victim |
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of the conduct sexually; or |
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(D) Section 30.02, Penal Code, if the conduct is |
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punishable under Subsection (d) of that section and is committed |
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with the intent to engage in conduct described by Paragraph (A) or |
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(C). |
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(b) In addition to assigning to a person a numeric risk |
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level of one, two, or three under Article 62.053(a), before a person |
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who will be subject to registration under this chapter and who will |
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be described by Article 62.063(b) on or after release is due to be |
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released from a penal institution, the Texas Department of Criminal |
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Justice or the Texas Youth Commission, as applicable, using the |
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dynamic risk assessment tool developed or adopted by the Council on |
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Sex Offender Treatment under Section 110.164, Occupations Code, |
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shall: |
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(1) determine the likelihood that the person will |
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engage in sexually predatory conduct after being released from the |
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institution; and |
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(2) assign to the person a predatory risk level of low, |
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medium, or high. |
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SECTION 3. Subchapter B, Chapter 62, Code of Criminal |
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Procedure, is amended by adding Article 62.063 to read as follows: |
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Art. 62.063. MONITORING OF CERTAIN HIGH-RISK REGISTRANTS. |
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(a) In this article, "monitoring system" means an electronic |
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monitoring service, global positioning satellite service, or other |
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appropriate technological service that is designed to track a |
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person's location. |
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(b) This article applies only to a person 18 years of age or |
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older who is released from a penal institution, who is required to |
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register under this chapter as the result of a reportable |
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conviction or adjudication, and who: |
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(1) is not under the supervision and control of: |
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(A) the Texas Youth Commission; |
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(B) a community supervision and corrections |
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department; or |
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(C) the parole division of the Texas Department |
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of Criminal Justice; or |
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(2) has not been civilly committed under Chapter 841, |
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Health and Safety Code. |
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(c) A person described by Subsection (b) who, under Article |
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62.0531, is assigned a predatory risk level of high shall |
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participate in any monitoring system program implemented under |
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Subsection (d). A person's duty to participate in the program |
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expires on the third anniversary of the date the person is released |
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from the penal institution. |
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(d) Subject to the receipt of one or more grants awarded by |
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the criminal justice division of the governor's office, the |
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department shall implement and coordinate a monitoring system |
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program that tracks the location of persons subject to this |
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article. A monitoring system program implemented under this |
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subsection must require: |
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(1) the department to provide to each local law |
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enforcement authority designated as the primary registration |
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authority under this chapter for a person subject to this article |
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monitoring system equipment that is sufficient to track the |
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location of the person; |
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(2) each local law enforcement authority designated as |
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a person's primary registration authority under this chapter to |
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use the monitoring system equipment provided under Subdivision (1) |
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to verify the authenticity of any geographically verifiable |
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information contained in the registration form of a person subject |
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to this article, including the person's residence; and |
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(3) the manufacturer or vendor of the monitoring |
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system equipment provided to a local law enforcement authority |
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under Subdivision (1) to provide training and technological support |
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to the authority with respect to the equipment. |
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(e) A monitoring system that is part of a monitoring system |
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program described by Subsection (d) must track a person's location |
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and periodically provide a cumulative report of the tracked |
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person's location to the department. The monitoring system is not |
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required to be capable of tracking a person's location in real time |
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or providing a real-time report of the person's location to the |
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department. |
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(f) A person who is not indigent and who is required to |
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participate in a monitoring system program described by Subsection |
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(d) is responsible for the cost of the monitoring system and monthly |
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shall pay to the person's primary registration authority and to the |
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department the amount that the primary registration authority or |
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department, as applicable, determines is necessary to defray that |
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entity's cost of operating the system with respect to the person |
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during the preceding month. |
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(g) In the manner prescribed by the criminal justice |
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division of the governor's office, the department shall report to |
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the division the amounts of any money received by the department |
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under Subsection (f). The division shall treat that money as |
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program income for the department and shall use the reported |
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amounts to offset the amounts of grants awarded by the division to |
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the department. |
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(h) The public safety director of the department shall adopt |
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rules as necessary to implement and coordinate the monitoring |
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system program described by Subsection (d). |
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(i) Notwithstanding any other provision of this article, |
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this article does not apply to a person who is released from a penal |
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institution before the date that the monitoring system program is |
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implemented and becomes fully operational. |
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SECTION 4. Section 110.164(a), Occupations Code, is amended |
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to read as follows: |
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(a) The council shall develop or adopt a dynamic risk |
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assessment tool to be used in determining the likelihood that a |
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person who is confined in a penal institution and will become |
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subject to Chapter 62, Code of Criminal Procedure, on being |
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released from the institution will: |
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(1) engage in sexually predatory conduct; or |
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(2) otherwise commit an offense described by Article |
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62.001(5), Code of Criminal Procedure[, after being released from
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the institution]. |
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SECTION 5. The Department of Public Safety shall ensure |
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that the electronic mail report service required to be maintained |
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under Article 62.0052, Code of Criminal Procedure, as added by this |
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Act, becomes fully functional and able to receive subscription |
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requests and shall begin to respond appropriately to those requests |
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not later than January 1, 2012. |
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SECTION 6. (a) Not later than September 15, 2011, the |
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Department of Public Safety shall issue a request for |
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qualifications or proposal for the purchase of any monitoring |
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system equipment necessary to operate the monitoring system program |
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described by Article 62.063, Code of Criminal Procedure, as added |
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by this Act. The department may consider only those responses to |
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the request for qualifications or proposal that are received from, |
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and may only contract with, a manufacturer of the monitoring system |
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equipment. |
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(b) The selection process through which the Department of |
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Public Safety chooses a manufacturer with which to contract under |
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Subsection (a) of this section must include side-by-side test |
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comparisons of all products being considered. In awarding a |
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contract under Subsection (a) of this section, the department may |
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not give greater weight to cost considerations than to |
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considerations concerning the product test results, product |
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reliability and functionality, and the protection of public safety. |
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(c) Subject to the receipt of one or more grants awarded by |
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the criminal justice division of the governor's office, the |
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Department of Public Safety shall ensure that the monitoring system |
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program required under Article 62.063, Code of Criminal Procedure, |
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as added by this Act, becomes fully operational not later than |
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February 29, 2012. |
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SECTION 7. 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, 2011. |