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A BILL TO BE ENTITLED
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AN ACT
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relating to the Texas Military Preparedness Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 436.001, Government Code, is amended to |
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read as follows: |
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Sec. 436.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Texas Military |
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Preparedness Commission. |
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(2) "Defense community" has the meaning assigned by |
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Section 397.001, Local Government Code. |
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(3) "Defense worker" means: |
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(A) an employee of the United States Department |
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of Defense, including a member of the armed forces and a government |
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civilian worker; |
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(B) an employee of a government agency or private |
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business, or entity providing a department of defense related |
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function, who is employed at a defense facility; |
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(C) an employee of a business that directly |
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provides services or products to the department of defense and |
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whose job is directly dependent on defense expenditures; or |
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(D) an employee or private contractor employed by |
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the United States Department of Energy working on a defense or |
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department of energy facility in support of a department of defense |
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related project. |
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(4) "Defense worker job" means a department of defense |
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authorized permanent position or a position held or occupied by one |
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or more defense workers for more than 12 months. |
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(5) "Office" means the Texas Economic Development and |
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Tourism Office in the office of the governor. |
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(6) "Panel" means the commission's defense economic |
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adjustment assistance panel. |
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(7) "Texas Commander's Council" means the consortium |
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of commanding officers of the military installations in this state. |
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SECTION 2. Section 436.051(a), Government Code, is amended |
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to read as follows: |
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(a) The commission is composed of: |
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(1) 13 public members, appointed by the governor; and |
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(2) the following ex officio members: |
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(A) the chair of the committee of the Texas House |
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of Representatives that has primary jurisdiction of matters |
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concerning defense affairs and military affairs [state-federal
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relations]; and |
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(B) the chair of the committee [one member] of |
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the Texas Senate that has primary jurisdiction of matters |
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concerning defense affairs and military affairs [appointed by the
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lieutenant governor]. |
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SECTION 3. Section 436.101, Government Code, is amended to |
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read as follows: |
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Sec. 436.101. GENERAL POWERS AND DUTIES [OF COMMISSION]. |
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(a) The commission shall[:
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[(1)] advise the governor and the legislature on |
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defense and military issues. |
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(b) The commission shall meet not less than once each year |
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with the Texas Commander's Council to: |
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(1) discuss the goals and challenges facing military |
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installations and develop recommendations for improvements; |
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(2) discuss ways the state can enhance and complement |
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the mission of the military installations in this state; and |
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(3) discuss services available to assist |
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transitioning military service members and their families. |
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(c) The commission shall act as the liaison to improve |
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coordination among the Texas Commander's Council and relevant state |
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agencies including: |
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(1) the Texas Veterans Commission; |
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(2) the Veterans' Land Board; |
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(3) the Public Utility Commission of Texas; and |
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(4) the Texas Commission on Environmental Quality. |
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(d) The commission shall: |
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(1) administer and monitor the implementation of this |
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chapter; |
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(2) establish criteria and procedures and award grants |
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equitably based on evaluations, giving preference to defense |
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communities that may be adversely affected over positively affected |
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defense communities; |
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(3) [and economic and industrial development related
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to military issues;
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[(2)] make recommendations regarding: |
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(A) the development of policies and plans to |
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support the long-term viability and prosperity of the military, |
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active and civilian, in this state, including promoting strategic |
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regional alliances that may extend over state lines; and |
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(B) the development of methods to assist |
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defense-dependent communities in the design and execution of |
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programs that enhance a community's relationship with military |
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installations and defense-related businesses; |
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(4) [(3)] provide information to communities, the |
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legislature, the state's congressional delegation, and state |
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agencies regarding federal actions affecting military |
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installations and missions; |
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(5) [(4)] serve as a clearinghouse for: |
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(A) defense economic adjustment and transition |
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information and activities along with the Texas Business and |
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Community Economic Development Clearinghouse; and |
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(B) information about: |
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(i) issues related to the operating costs, |
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missions, and strategic value of federal military installations |
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located in the state; |
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(ii) employment issues for communities that |
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depend on defense bases and in defense-related businesses; and |
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(iii) defense strategies and incentive |
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programs that other states are using to maintain, expand, and |
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attract new defense contractors; |
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(6) [(5)] provide assistance to communities that have |
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experienced a defense-related closure or realignment; |
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(7) [(6)] assist communities in the design and |
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execution of programs that enhance a community's relationship with |
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military installations and defense-related businesses, including |
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regional alliances that may extend over state lines; |
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(8) [(7)] assist communities in the retention and |
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recruiting of defense-related businesses, including fostering |
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strategic regional alliances that may extend over state lines; |
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(9) [(8)] encourage economic development in this |
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state by fostering the development of industries related to defense |
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affairs; and |
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(10) [(9)] advocate for the preservation and |
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expansion of missions of reservists at military installations in |
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the state. |
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(e) The commission may use an amount equal to not more than |
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two percent of the total amount of grants authorized during each |
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biennium to administer this chapter and other law relating to |
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readjustment of defense communities. |
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(f) The commission shall adopt rules necessary to implement |
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this chapter. |
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SECTION 4. The heading to Section 436.103, Government Code, |
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is amended to read as follows: |
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Sec. 436.103. BIENNIAL [ANNUAL] REPORT; ANNUAL MEETING. |
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SECTION 5. Section 436.103(b), Government Code, is amended |
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to read as follows: |
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(b) Not later than July 1 of each even-numbered year, the |
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commission shall prepare and submit a report to the governor and the |
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legislature about the active military installations, communities |
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that depend on military installations, and defense-related |
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businesses in this state. The commission may update the report in |
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an odd-numbered year. The report must include: |
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(1) an economic impact statement describing in detail |
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the effect of the military on the economy of this state; |
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(2) a statewide assessment of active military |
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installations and current missions; |
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(3) a statewide strategy to attract new military |
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missions and defense-related business and include specific actions |
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that add military value to existing military installations; |
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(4) a list of state and federal activities that have |
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significant impact on active military installations and current |
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missions; |
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(5) a statement identifying: |
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(A) the state and federal programs and services |
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that assist communities impacted by military base closures or |
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realignments and the efforts to coordinate those programs; and |
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(B) the efforts to coordinate state agency |
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programs and services that assist communities in retaining active |
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military installations and current missions; |
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(6) an evaluation of initiatives to retain existing |
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defense-related businesses; [and] |
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(7) a list of agencies with regulations, policies, |
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programs, or services that impact the operating costs or strategic |
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value of federal military installations and activities in the |
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state; and |
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(8) a summary of the commission's meetings with the |
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Texas Commander's Council under Section 436.101(b), including |
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recommendations, goals, and challenges based on those meetings. |
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SECTION 6. Section 436.152, Government Code, is amended to |
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read as follows: |
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Sec. 436.152. ANALYSIS OF PROJECTS THAT ADD MILITARY OR |
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DEFENSE VALUE; FINANCING. (a) A defense community may submit the |
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community's defense base military value enhancement statement |
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prepared under Chapter 397, Local Government Code, to the |
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commission. |
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(b) On receiving a defense community's defense base |
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military value enhancement statement, the commission shall analyze |
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the projects included in the statement using the criteria it has |
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developed. The commission shall develop project analysis criteria |
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based on the criteria the United States Department of Defense uses |
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for evaluating military facilities in the department's base |
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realignment and closure process. |
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(c) The commission shall determine whether each project |
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identified in the defense community's defense base military value |
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enhancement statement will enhance the military or defense value of |
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the military base or defense facility. The commission shall assist |
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the community in prioritizing the projects that enhance the |
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military or defense value of a military base or defense facility, |
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giving the highest priority to projects that add the most |
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[military] value under the commission's project analysis criteria. |
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(d) The commission shall refer the defense community to the |
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appropriate state agency that has an existing program to provide |
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financing for each project identified in the community's defense |
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base military value enhancement statement that adds military or |
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defense value to a military base or defense facility. If there is |
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no existing program to finance a project, the office may provide a |
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loan of financial assistance to the defense community for the |
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project. |
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SECTION 7. Sections 436.153(a), (b), (c), and (d), |
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Government Code, are amended to read as follows: |
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(a) The office may provide a loan of financial assistance to |
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a defense community for a project that will enhance the military or |
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defense value of a military base or defense facility located in, |
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near, or adjacent to the defense community. The loan shall be made |
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from the Texas military value revolving loan account established |
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under Section 436.156. |
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(b) On receiving an application for a loan under this |
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section, the office shall confirm with the commission that the |
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project adds military or defense value to the military base or |
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defense facility. |
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(c) If the commission determines that a project will enhance |
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the military or defense value of the military base or defense |
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facility, the office shall, in accordance with the criteria adopted |
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by the office under Section 436.154(a): |
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(1) analyze the creditworthiness of the defense |
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community to determine the defense community's ability to repay the |
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loan; and |
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(2) evaluate the feasibility of the project to be |
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financed to ensure that the defense community has pledged a source |
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of revenue or taxes sufficient to repay the loan for the project. |
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(d) If the commission confirms that the funds will be used |
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to enhance the military or defense value of the military base or |
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defense facility based on the base realignment and closure |
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criteria, to overcome an action of the United States Department of |
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Defense that will negatively impact the military base or defense |
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facility, or for the recruitment or retention of a defense facility |
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and the office determines that the project is financially feasible, |
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the executive director of the office may award a loan to the defense |
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community for the project. The office shall enter into a written |
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agreement with a defense community that is awarded a loan. The |
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agreement must contain the terms and conditions of the loan, |
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including the loan repayment requirements. |
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SECTION 8. Section 436.1532(a), Government Code, is amended |
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to read as follows: |
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(a) The office may provide a loan of financial assistance to |
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a defense community for an infrastructure project to accommodate |
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[accomodate] new or expanded military missions assigned to a |
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military base or defense facility located in, near, or adjacent to |
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the defense community as a result of a United States Department of |
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Defense base realignment process that occurs during 2005 or |
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later. The loan shall be made from the Texas military value |
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revolving loan account established under Section 436.156. |
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SECTION 9. Section 436.155(a), Government Code, is amended |
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to read as follows: |
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(a) A defense community in this state may borrow money from |
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the state, including by direct loan, based on the credit of the |
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defense community to finance a project included in the community's |
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defense base military value enhancement statement. |
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SECTION 10. Chapter 436, Government Code, is amended by |
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adding Subchapter E to read as follows: |
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SUBCHAPTER E. GRANTS |
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Sec. 436.201. ELIGIBILITY FOR GRANT. (a) The following |
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local governmental entities are eligible for a grant under this |
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subchapter: |
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(1) a municipality or county that is a defense |
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community; |
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(2) a regional planning commission that has a defense |
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community within its boundaries; |
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(3) a public junior college district that is wholly or |
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partly located in a defense community; |
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(4) a campus or education extension center of the |
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Texas State Technical College System that is located in a defense |
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community; |
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(5) a defense base development authority created under |
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Chapter 379B, Local Government Code; and |
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(6) a political subdivision that has the power of a |
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defense base development authority created under Chapter 379B, |
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Local Government Code. |
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(b) An eligible local governmental entity may be awarded a |
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grant if the commission determines that the entity may be adversely |
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or positively affected by an anticipated, planned, announced, or |
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implemented action of the United States Department of Defense to |
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close, reduce, increase, or otherwise realign defense worker jobs |
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or facilities. |
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Sec. 436.202. GRANT CRITERIA. (a) From money appropriated |
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for this purpose, the commission may make a grant to an eligible |
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local governmental entity to: |
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(1) enable the entity to match money or meet an |
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investment requirement necessary to receive federal assistance |
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provided to the local governmental entity for responding to or |
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recovering from an event described by Section 436.201(b); |
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(2) match the entity's contribution for a purpose |
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described by Section 436.203 at a closed or realigned defense |
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facility; or |
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(3) construct infrastructure and other projects |
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necessary to accommodate a new or expanded military mission at a |
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military base or to reduce the impact of an action of the United |
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States Department of Defense that will negatively impact a defense |
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facility located in or near the entity. |
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(b) The commission may not make a grant for an amount less |
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than $50,000 or an amount more than the lesser of: |
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(1) 50 percent of the amount of matching money or |
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investment that the local governmental entity is required to |
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provide, subject to Subsection (c); |
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(2) 50 percent of the local governmental entity's |
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investment for purposes described by Section 436.203 if federal |
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assistance is unavailable; or |
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(3) $2 million. |
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(c) If the local governmental entity demonstrates to the |
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commission that, because of a limited budget, the entity lacks the |
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resources necessary to provide 50 percent of the amount of matching |
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money or investment that the entity is required to provide, the |
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commission may make a grant in an amount of not more than 80 percent |
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of the amount of that matching money or investment requirement but |
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may not make a grant in an amount that exceeds $2 million. |
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(d) The commission may make a grant to an eligible local |
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governmental entity without regard to the availability or |
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acquisition of matching money. |
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Sec. 436.203. USE OF PROCEEDS. (a) A local governmental |
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entity may use the proceeds of a grant awarded under this subchapter |
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for the purchase of property, including the purchase of property |
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from the United States Department of Defense or its designated |
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agent, new construction, rehabilitation or renovation of |
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facilities or infrastructure, or purchase of capital equipment or |
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facilities insurance. |
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(b) The local governmental entity may deliver the money to a |
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special district, development corporation, or other |
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instrumentality of this state or the local governmental entity for |
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use as provided by this chapter and other applicable law. |
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(c) An eligible local governmental entity described by |
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Section 436.201(a)(3) or (4) may use the proceeds of the grant to |
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purchase or lease equipment to train defense workers whose jobs |
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have been threatened or lost because of an event described by |
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Section 436.201(b). |
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Sec. 436.204. APPLICATION FOR GRANT. (a) A local |
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governmental entity may apply for a grant under this subchapter to |
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the commission on a form prescribed by the commission. The |
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commission shall establish periodic application cycles to enable |
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the evaluation of groups of applicants. |
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(b) The office may assist a local governmental entity in |
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applying for a grant under this chapter. |
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Sec. 436.205. PANEL: EVALUATION OF APPLICATION. (a) The |
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commission shall establish a defense economic adjustment |
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assistance panel composed of at least three and not more than five |
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professional full-time employees of the office of the governor |
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appointed by the director of the commission. |
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(b) The panel shall evaluate each grant application and |
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assign the applicant a score based on: |
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(1) the significance of the adverse or positive effect |
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within the local governmental entity, including the number of jobs |
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that may be lost or gained in relation to the workforce in the local |
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governmental entity's jurisdiction and the effect on the entity's |
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and surrounding area's economy and tax revenue; |
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(2) the extent to which the local governmental entity |
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may have used its existing resources to promote local economic |
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development; |
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(3) the amount of any grant that the local |
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governmental entity has previously received under this subchapter; |
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(4) the anticipated number of jobs that may be created |
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or retained in relation to the amount of the grant sought; and |
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(5) the extent to which the grant will affect the |
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region in which the local governmental entity is located. |
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Sec. 436.206. MAKING OF GRANT. The panel shall submit its |
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scores to the commission. The commission shall use the scores to |
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determine whether to make a grant to an applicant. The commission |
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may not make a grant unless the legislature has appropriated the |
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money for the grant. |
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Sec. 436.207. DEFENSE COMMUNITY WITH MORE THAN ONE MILITARY |
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BASE. For purposes of the preference for adversely affected |
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defense communities, a defense community that contains or is in |
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proximity to more than one military base is considered an adversely |
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affected defense community if the local governmental entity is |
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applying for a grant under this subchapter for a project relating to |
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the military base that is closed or whose operations are |
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significantly reduced. |
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SECTION 11. Section 436.151, Government Code, is repealed. |
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SECTION 12. Section 486, Government Code, is repealed. |
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SECTION 13. This Act takes effect September 1, 2013. |