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A BILL TO BE ENTITLED
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AN ACT
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relating to the municipal and county regulation of air guns. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 43.002(d), Local Government Code, is |
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amended to read as follows: |
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(d) A regulation relating to the discharge of firearms or |
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other weapons is subject to the restrictions in Subchapter A, |
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Chapter 229 [Section 229.002]. |
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SECTION 2. Section 229.001(e), Local Government Code, is |
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amended to read as follows: |
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(e) In this section: |
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(1) "Firearm" does not include an air gun as defined by |
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Section 229.005. |
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(2) "Sport [, "sport] shooting range" has the meaning |
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assigned by Section 250.001. |
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SECTION 3. Section 229.002, Local Government Code, is |
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amended to read as follows: |
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Sec. 229.002. REGULATION OF DISCHARGE OF WEAPON. A |
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municipality may not apply a regulation relating to the discharge |
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of firearms or other weapons in the extraterritorial jurisdiction |
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of the municipality or in an area annexed by the municipality after |
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September 1, 1981, if the firearm or other weapon is: |
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(1) a shotgun[, air rifle or pistol, BB gun,] or bow |
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and arrow discharged: |
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(A) on a tract of land of 10 acres or more and |
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more than 150 feet from a residence or occupied building located on |
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another property; and |
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(B) in a manner not reasonably expected to cause |
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a projectile to cross the boundary of the tract; or |
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(2) a center fire or rim fire rifle or pistol of any |
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caliber discharged: |
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(A) on a tract of land of 50 acres or more and |
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more than 300 feet from a residence or occupied building located on |
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another property; and |
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(B) in a manner not reasonably expected to cause |
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a projectile to cross the boundary of the tract. |
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SECTION 4. Section 229.003(b), Local Government Code, is |
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amended to read as follows: |
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(b) Notwithstanding Section 229.002, a municipality may not |
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apply a regulation relating to the discharge of firearms or other |
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weapons in the extraterritorial jurisdiction of the municipality or |
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in an area annexed by the municipality after September 1, 1981, if |
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the firearm or other weapon is: |
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(1) a shotgun[, air rifle or pistol, BB gun,] or bow |
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and arrow discharged: |
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(A) on a tract of land of 10 acres or more and: |
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(i) more than 1,000 feet from: |
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(a) the property line of a public |
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tract of land, generally accessible by the public, that is |
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routinely used for organized sporting or recreational activities or |
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that has permanent recreational facilities or equipment; and |
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(b) the property line of a school, |
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hospital, or commercial day-care facility; |
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(ii) more than 600 feet from: |
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(a) the property line of a residential |
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subdivision; and |
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(b) the property line of a multifamily |
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residential complex; and |
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(iii) more than 150 feet from a residence or |
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occupied building located on another property; and |
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(B) in a manner not reasonably expected to cause |
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a projectile to cross the boundary of the tract; |
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(2) a center fire or rim fire rifle or pistol of any |
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caliber discharged: |
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(A) on a tract of land of 50 acres or more and: |
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(i) more than 1,000 feet from: |
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(a) the property line of a public |
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tract of land, generally accessible by the public, that is |
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routinely used for organized sporting or recreational activities or |
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that has permanent recreational facilities or equipment; and |
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(b) the property line of a school, |
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hospital, or commercial day-care facility; |
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(ii) more than 600 feet from: |
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(a) the property line of a residential |
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subdivision; and |
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(b) the property line of a multifamily |
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residential complex; and |
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(iii) more than 300 feet from a residence or |
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occupied building located on another property; and |
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(B) in a manner not reasonably expected to cause |
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a projectile to cross the boundary of the tract; or |
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(3) discharged at a sport shooting range, as defined |
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by Section 250.001, in a manner not reasonably expected to cause a |
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projectile to cross the boundary of a tract of land. |
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SECTION 5. Section 229.004(b), Local Government Code, is |
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amended to read as follows: |
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(b) Notwithstanding Section 229.002, a municipality may not |
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apply a regulation relating to the discharge of firearms or other |
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weapons in the extraterritorial jurisdiction of the municipality or |
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in an area annexed by the municipality on or before September 1, |
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1981, if the firearm or other weapon is: |
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(1) a shotgun[, air rifle or pistol, BB gun,] or bow |
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and arrow discharged: |
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(A) on a tract of land of 100 acres or more and |
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more than 150 feet from a residence or occupied building located on |
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another property; and |
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(B) in a manner not reasonably expected to cause |
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a projectile to cross the boundary of the tract; or |
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(2) a center fire or rim fire rifle or pistol of any |
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caliber discharged: |
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(A) on a tract of land of 100 acres or more and |
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more than 300 feet from a residence or occupied building located on |
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another property; and |
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(B) in a manner not reasonably expected to cause |
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a projectile to cross the boundary of the tract. |
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SECTION 6. Subchapter A, Chapter 229, Local Government |
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Code, is amended by adding Section 229.005 to read as follows: |
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Sec. 229.005. REGULATION OF AIR GUNS. (a) In this section: |
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(1) "Air gun" means a rifle or pistol that discharges a |
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projectile by means of compressed air, including a BB gun or a |
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pellet gun. |
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(2) "Institution of higher education" and "private or |
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independent institution of higher education" have the meanings |
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assigned by Section 61.003, Education Code. |
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(3) "Sport shooting range" has the meaning assigned by |
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Section 250.001. |
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(b) A municipality may not adopt or enforce a regulation |
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relating to: |
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(1) the transfer, private ownership, keeping, |
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transportation, use, licensing, or registration of an air gun or an |
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accessory for an air gun; or |
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(2) the discharge of an air gun at: |
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(A) a sport shooting range; |
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(B) a range associated with: |
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(i) a Reserve Officers' Training Corps |
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(ROTC) program of a school, an institution of higher education, or a |
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private or independent institution of higher education; or |
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(ii) a hunter education program established |
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under Section 62.014, Parks and Wildlife Code; |
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(C) a commercial or sporting event by a |
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participant in the event; |
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(D) a private indoor or outdoor range located on |
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residential property if: |
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(i) traps are used to capture the |
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projectile of the air gun; |
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(ii) any person younger than 18 years of age |
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discharging the air gun is supervised by a parent or a person 18 |
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years of age or older who is acting in loco parentis; and |
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(iii) the projectile does not cross the |
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property line; or |
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(E) the premises of an agricultural operation as |
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defined by Section 251.002, Agriculture Code. |
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SECTION 7. Section 235.022, Local Government Code, is |
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amended to read as follows: |
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Sec. 235.022. AUTHORITY TO REGULATE. (a) In this section, |
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"firearm" does not include an air gun as defined by Section 229.005. |
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(b) To promote the public safety, the commissioners court of |
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a county by order may prohibit or otherwise regulate the discharge |
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of firearms on lots that are 10 acres or smaller and are located in |
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the unincorporated area of the county in a subdivision. |
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SECTION 8. Section 236.001, Local Government Code, is |
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amended to read as follows: |
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Sec. 236.001. DEFINITION. In this chapter: |
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(1) "Air gun" has the meaning assigned by Section |
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229.005. |
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(2) "Firearm" does not include an air gun. |
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(3) "Sport [, "sport] shooting range" has the meaning |
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assigned by Section 250.001. |
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SECTION 9. Chapter 236, Local Government Code, is amended |
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by adding Section 236.004 to read as follows: |
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Sec. 236.004. REGULATION OF AIR GUNS. (a) A county may not |
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adopt or enforce a regulation relating to: |
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(1) the transfer, private ownership, keeping, |
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transportation, use, licensing, or registration of an air gun or an |
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accessory for an air gun; or |
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(2) the discharge of an air gun, except as provided by |
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Subsection (b). |
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(b) A county may regulate the discharge of an air gun on the |
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premises of: |
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(1) a park, playground, museum, or site acquired and |
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maintained under Chapter 331; or |
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(2) a facility owned or leased by the county. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2013. |