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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulatory authority of the consumer credit |
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commissioner. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 14.2015, Finance Code, is amended to |
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read as follows: |
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Sec. 14.2015. CONFIDENTIALITY OF CERTAIN INFORMATION. (a) |
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Except as provided by Subsection (b), information or material |
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obtained or compiled by the commissioner in relation to an |
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examination or investigation by the commissioner or the |
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commissioner's representative of a license holder, [or] |
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registrant, applicant, or other person under Subtitle B or C, Title |
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4, or Chapter 394 is confidential and may not be disclosed by the |
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commissioner or an officer or employee of the Office of Consumer |
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Credit Commissioner, including: |
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(1) information obtained from a license holder, [or] |
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registrant, applicant, or other person examined or investigated |
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under Subtitle B or C, Title 4, or Chapter 394; |
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(2) work performed by the commissioner or the |
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commissioner's representative on information obtained from a |
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license holder, [or] registrant, applicant, or other person for the |
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purposes of an examination or investigation conducted under |
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Subtitle B or C, Title 4, or Chapter 394; |
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(3) a report on an examination or investigation of a |
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license holder, [or] registrant, applicant, or other person |
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conducted under Subtitle B or C, Title 4, or Chapter 394; and |
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(4) any written communications between the license |
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holder, [or] registrant, applicant, or other person, as applicable, |
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and the commissioner or the commissioner's representative relating |
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to or referencing an examination or investigation conducted under |
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Subtitle B or C, Title 4, or Chapter 394. |
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(b) The commissioner or the commissioner's representative |
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may disclose the confidential information or material described by |
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Subsection (a): |
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(1) to a department, agency, or instrumentality of |
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this state or the United States if the commissioner considers |
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disclosure to be necessary or proper to the enforcement of the laws |
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of this state or the United States and in the best interest of the |
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public; |
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(2) if the license holder, [or] registrant, applicant, |
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or other person consents to the release of the information or has |
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published the information contained in the release; or |
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(3) if the commissioner determines that release of the |
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information is required for an administrative hearing. |
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SECTION 2. Subchapter E, Chapter 14, Finance Code, is |
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amended by adding Section 14.2016 to read as follows: |
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Sec. 14.2016. INFORMATION SHARING WITH DEPARTMENTS AND |
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AGENCIES. To ensure consistent enforcement of law and minimization |
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of regulatory burdens, the commissioner may share information, |
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including criminal history or confidential information, relating |
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to a license holder, registrant, applicant, or other person |
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investigated or examined under the commissioner's authority with a |
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department, agency, or instrumentality of this state, another |
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state, or the United States if the commissioner considers the |
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disclosure of the information to be necessary or proper to the |
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enforcement of the laws of this state or the United States and in |
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the best interest of the public. Information otherwise confidential |
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remains confidential after the information is shared under this |
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section. |
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SECTION 3. Section 348.006, Finance Code, is amended by |
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adding Subsections (e-1), (e-2), and (e-3) to read as follows: |
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(e-1) Except as provided by Subsections (e-2) and (e-3), the |
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following information and documents are confidential and not |
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subject to disclosure: |
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(1) all information provided by a retail seller to the |
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commissioner under Subsection (e), including the maximum |
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documentary fee a retail seller intends to charge, the written |
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notice of an increased documentary fee, and any financial |
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information submitted with the notice; and |
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(2) all correspondence between a retail seller and the |
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commissioner or the commissioner's representative relating to the |
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notice of an increased documentary fee under Subsection (e) and a |
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review for reasonableness of the amount of the documentary fee to be |
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charged. |
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(e-2) The commissioner may disclose information or |
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documents that are confidential under Subsection (e-1) if: |
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(1) the commissioner determines that release of the |
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information or documents is required for an administrative hearing; |
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(2) the retail seller consents to the release of the |
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information or documents; or |
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(3) the disclosure is required by a court order. |
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(e-3) The commissioner or the commissioner's representative |
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may disclose whether a retail seller has filed written notice of an |
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increased documentary fee and the proposed amount of the increased |
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fee to: |
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(1) a holder that provides written proof, signed by |
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the retail seller, that the retail seller has agreed to assign or |
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transfer one or more retail installment contracts to the holder; or |
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(2) a prospective retail buyer that provides to the |
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commissioner: |
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(A) a buyer's order executed by the prospective |
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buyer and the retail seller; |
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(B) a draft of a retail installment contract |
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provided by the retail seller to the prospective buyer; or |
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(C) a written statement by the retail seller |
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acknowledging that the person is a prospective buyer of a motor |
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vehicle from the retail seller. |
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SECTION 4. Section 411.081(i), Government Code, as amended |
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by Chapters 183 (H.B. 1830), 780 (S.B. 1056), 816 (S.B. 1599), and |
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1027 (H.B. 4343), Acts of the 81st Legislature, Regular Session, |
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2009, is reenacted and amended to read as follows: |
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(i) A criminal justice agency may disclose criminal history |
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record information that is the subject of an order of nondisclosure |
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under Subsection (d) to the following noncriminal justice agencies |
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or entities only: |
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(1) the State Board for Educator Certification; |
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(2) a school district, charter school, private school, |
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regional education service center, commercial transportation |
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company, or education shared service arrangement; |
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(3) the Texas Medical Board; |
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(4) the Texas School for the Blind and Visually |
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Impaired; |
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(5) the Board of Law Examiners; |
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(6) the State Bar of Texas; |
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(7) a district court regarding a petition for name |
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change under Subchapter B, Chapter 45, Family Code; |
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(8) the Texas School for the Deaf; |
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(9) the Department of Family and Protective Services; |
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(10) the Texas Youth Commission; |
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(11) the Department of Assistive and Rehabilitative |
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Services; |
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(12) the Department of State Health Services, a local |
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mental health service, a local mental retardation authority, or a |
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community center providing services to persons with mental illness |
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or retardation; |
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(13) the Texas Private Security Board; |
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(14) a municipal or volunteer fire department; |
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(15) the Texas Board of Nursing; |
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(16) a safe house providing shelter to children in |
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harmful situations; |
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(17) a public or nonprofit hospital or hospital |
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district; |
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(18) the Texas Juvenile Probation Commission; |
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(19) the securities commissioner, the banking |
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commissioner, the savings and mortgage lending commissioner, the |
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consumer credit commissioner, or the credit union commissioner; |
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(20) the Texas State Board of Public Accountancy; |
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(21) the Texas Department of Licensing and Regulation; |
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(22) the Health and Human Services Commission; |
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(23) the Department of Aging and Disability Services; |
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(24) the Texas Education Agency; [and] |
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(25) the Guardianship Certification Board; [and] |
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(26) a county clerk's office in relation to a |
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proceeding for the appointment of a guardian under Chapter XIII, |
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Texas Probate Code; |
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(27) [(25)] the Department of Information Resources |
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but only regarding an employee, applicant for employment, |
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contractor, subcontractor, intern, or volunteer who provides |
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network security services under Chapter 2059 to: |
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(A) the Department of Information Resources; or |
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(B) a contractor or subcontractor of the |
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Department of Information Resources; |
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(28) [(25)] the Court Reporters Certification Board; |
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and |
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(29) [(25)] the Texas Department of Insurance. |
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SECTION 5. Section 53.0211(a), Occupations Code, is amended |
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to read as follows: |
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(a) This section does not apply to an applicant for a |
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license that would allow the applicant to provide: |
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(1) law enforcement services; |
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(2) public health, education, or safety services; or |
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(3) financial services in an industry regulated by the |
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securities commissioner, the banking commissioner, the savings and |
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mortgage lending commissioner, the consumer credit commissioner, |
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or the credit union commissioner. |
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SECTION 6. The change in law made by this Act to Section |
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53.0211(a), Occupations Code, applies only to an application for a |
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license filed on or after the effective date of this Act. An |
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application for a license filed before the effective date of this |
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Act is governed by the law in effect on the date the application was |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 7. To the extent of any conflict, this Act prevails |
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over another Act of the 82nd Legislature, Regular Session, 2011, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 8. This Act takes effect September 1, 2011. |