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A BILL TO BE ENTITLED
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AN ACT
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relating to the collection of unpaid tolls by a regional tollway |
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authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 366.003, Transportation Code, is amended |
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by adding Subdivision (10-a) to read as follows: |
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(10-a) "Toll assessment facility" means a location on |
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a turnpike project where a vehicle that is driven or towed through |
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the facility is assessed a toll for the use of the project. |
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SECTION 2. Section 366.178, Transportation Code, is amended |
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by amending Subsections (a) through (g), (i), and (i-1) and adding |
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Subsections (b-1), (b-2), (b-3), (b-4), (d-1), (d-2), (d-3), and |
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(f-1) to read as follows: |
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(a) A motor vehicle other than an authorized emergency |
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vehicle, as defined by Section 541.201, that passes through a toll |
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assessment [collection] facility, whether driven or towed, shall |
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pay the proper toll. The exemption from payment of a toll for an |
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authorized emergency vehicle applies regardless of whether the |
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vehicle is: |
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(1) responding to an emergency; |
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(2) displaying a flashing light; or |
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(3) marked as a police or emergency vehicle. |
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(b) A person who fails or refuses to pay a toll provided for |
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the use of a project is liable for a fine not to exceed $250, plus |
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any [an] administrative fees [fee] incurred in connection with the |
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violation. |
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(b-1) As an alternative to requiring payment of a toll at |
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the time a vehicle is driven or towed through a toll assessment |
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facility, the authority may use video recordings, photography, |
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electronic data, transponders, or other tolling methods to permit |
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the registered owner of the nonpaying vehicle to pay the toll at a |
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later date. |
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(b-2) If the authority does not collect the proper toll at |
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the time a vehicle is driven or towed through a toll assessment |
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facility, the authority may send an invoice by first class mail to |
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the registered owner of the vehicle not later than the 30th day |
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after the date the vehicle is driven or towed through the facility. |
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The invoice may include one or more tolls the registered owner of |
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the nonpaying vehicle failed to pay for use of the project and must |
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specify the date by which the toll or tolls must be paid. Except as |
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provided by Subsection (b-3), the registered owner shall pay the |
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unpaid tolls included in the invoice not later than the 30th day |
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after the date the invoice is mailed. |
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(b-3) If the address to which the invoice issued under |
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Subsection (b-2) is mailed to the registered owner is determined to |
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be incorrect, the registered owner shall pay the invoice not later |
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than the 30th day after the date the invoice is mailed to the |
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correct address. |
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(b-4) If the registered owner of the nonpaying vehicle fails |
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to pay the unpaid tolls included in the invoice mailed under |
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Subsection (b-2) or (b-3) by the date specified in the invoice, the |
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authority shall send the first notice of nonpayment by first class |
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mail to the registered owner of the nonpaying vehicle as provided by |
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Subsection (d). |
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(c) On [If a person fails to pay the proper toll:
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[(1) on] issuance of the first [a] notice of |
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nonpayment, the registered owner of the nonpaying vehicle shall pay |
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both the unpaid tolls included in the invoice and an [the proper
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toll and the] administrative fee. The authority may charge only one |
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administrative fee of not more than $25 for the first notice of |
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nonpayment that is sent to the registered owner of the nonpaying |
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vehicle[; and
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[(2)
an authority may charge an administrative fee of
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not more than $100 to recover the cost of collecting the unpaid
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toll]. |
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(d) Unless an authority requires additional time to send a |
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notice of nonpayment because of events outside the authority's |
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reasonable control, the authority shall send the first notice of |
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nonpayment not later than the 30th day after the date the 30-day |
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period expires for the registered owner to pay the invoice issued |
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under Subsection (b-2) or (b-3). The first notice [Notice] of |
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nonpayment [under Subsection (c)(1)] shall [be sent by first-class
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mail and may not] require payment of the unpaid tolls included in |
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the invoice [the proper toll] and the administrative fee before the |
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30th day after the date the first notice of nonpayment is mailed. |
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[The registered owner shall pay a separate toll and administrative
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fee for each nonpayment.] |
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(d-1) If the registered owner of the nonpaying vehicle fails |
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to pay the unpaid tolls and the administrative fee by the date |
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specified in the first notice of nonpayment, the authority shall |
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send a second notice of nonpayment by first class mail to the |
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registered owner of the nonpaying vehicle. The second notice of |
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nonpayment must specify the date by which payment must be made and |
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may include an invoice for: |
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(1) the unpaid tolls and administrative fee included |
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in the first notice of nonpayment; and |
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(2) an additional administrative fee of not more than |
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$25 for each unpaid toll included in the notice, not to exceed a |
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total of $200. |
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(d-2) If the registered owner of the nonpaying vehicle fails |
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to pay the amount included in the second notice of nonpayment by the |
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date specified in that notice, the authority shall send a third |
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notice of nonpayment by first class mail to the registered owner of |
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the nonpaying vehicle. The third notice of nonpayment must specify |
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the date by which payment must be made and may include an invoice |
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for: |
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(1) the amount included in the second notice of |
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nonpayment; and |
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(2) any third-party collection service fees incurred |
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by the authority. |
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(d-3) The authority may contract, in accordance with |
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Section 2107.003, Government Code, with a person to collect unpaid |
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tolls and administrative fees before referring the matter to a |
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court with jurisdiction over the offense. |
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(e) If the registered owner of the vehicle fails to pay the |
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third notice of nonpayment by the date [proper toll and
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administrative fee in the time] specified in [by] the notice, the |
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owner may [shall] be cited by the Department of Public Safety as for |
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other traffic violations as provided by law, and the owner shall pay |
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a fine of not more than $250 for each nonpayment of a toll. |
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(f) Except as provided by Subsection (f-1), in [In] the |
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prosecution of a violation for nonpayment, proof that the vehicle |
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passed through a toll assessment [collection] facility and that the |
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applicable toll was not paid before the date specified in the third |
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notice of nonpayment, [without payment of the proper toll] together |
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with proof that the defendant was the registered owner or the driver |
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of the vehicle when the failure to pay occurred, establishes the |
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nonpayment of the registered owner. The proof may be by testimony |
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of a peace officer or authority employee, video surveillance, or |
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any other reasonable evidence, including a copy of the rental, |
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lease, or other contract document or the electronic data provided |
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to the authority under Subsection (i) that shows the defendant was |
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the lessee of the vehicle when the underlying event of nonpayment |
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occurred. |
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(f-1) Nonpayment by the registered owner of the vehicle may |
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be established by: |
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(1) a copy of a written agreement between the |
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authority and the registered owner for the payment of unpaid tolls |
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and administrative fees; and |
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(2) evidence that the registered owner is in default |
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under the agreement. |
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(g) The court of the local jurisdiction in which the |
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violation occurs may assess and collect the fine in addition to any |
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court costs. The court shall collect the unpaid tolls, [proper toll
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and] administrative fees, and third-party collection service fees |
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incurred by the authority on or before the fines and court costs are |
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collected by the court [fee] and forward the toll and fees [fee] to |
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the authority. Payment of the unpaid tolls, administrative fees, |
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and third-party collection service fees by the registered owner may |
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not be waived by the court unless the court finds that the |
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registered owner of the vehicle is indigent. |
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(i) A registered owner who is the lessor of a vehicle for |
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which an invoice is mailed under Subsection (b-2) or (b-3) [a notice
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of nonpayment has been issued] is not liable if, not later than the |
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30th day after the date the invoice [notice of nonpayment] is |
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mailed, the registered owner provides to the authority: |
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(1) a copy of the rental, lease, or other contract |
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document covering the vehicle on the date of the nonpayment, with |
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the name and address of the lessee clearly legible; or |
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(2) electronic data, other than a photocopy or scan of |
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a rental or lease contract, that contains the information required |
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under Sections 521.460(c)(1), (2), and (3) covering the vehicle on |
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the date of the nonpayment under this section. |
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(i-1) If the lessor timely provides the required |
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information under Subsection (i), the lessee of the vehicle on the |
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date of the violation is considered to be the registered owner of |
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the vehicle for purposes of this section, and the authority shall |
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follow the procedures provided by this section as if the lessee were |
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the registered owner of the vehicle, including sending an invoice[.
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The lessee is subject to prosecution for failure to pay the proper
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toll if the authority sends a notice of nonpayment] to the lessee by |
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first-class mail not later than the 30th day after the date of the |
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receipt of the information from the lessor. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2011. |
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