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A BILL TO BE ENTITLED
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AN ACT
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relating to end-of-course assessment instruments administered to |
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public high school students and other measures of secondary-level |
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performance. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 29.081, Education Code, is amended by |
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adding Subsections (b-1), (b-2), and (b-3) to read as follows: |
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(b-1) Each district shall offer additional accelerated |
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instruction to each student in any subject in which that student has |
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failed an end-of-course assessment that the student is required to |
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pass in order to graduate before the next scheduled test |
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administration without any cost to the student. |
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(b-2) A district which is required to provide accelerated |
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instruction under Subsection (b-1) shall separately budget |
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sufficient funds, including funds under Section 42.152, for that |
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purpose. A district may not budget funds received under Section |
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42.152 for any other purpose until it has adopted a budget to |
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support additional accelerated instruction under Subsection (b-1). |
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(b-3) A district shall evaluate the effectiveness of |
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accelerated instruction programs under Subsection (b-1) and hold a |
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public hearing once each year to consider the results. |
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SECTION 2. Subsections (c) and (c-3), Section 39.023, |
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Education Code, are amended to read as follows: |
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(c) The agency shall also adopt end-of-course assessment |
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instruments for secondary-level courses in Algebra I,[Algebra II,
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geometry,] biology, [chemistry, physics,] English I, English II, |
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[English III, world geography, world history,] and United States |
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history. The Algebra I [, Algebra II, and geometry] end-of-course |
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assessment instrument [instruments] must be administered with the |
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aid of technology. The English I and English II end-of-course |
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assessment instruments must each assess essential knowledge and |
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skills in both reading and writing in the same assessment |
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instrument. A school district shall comply with State Board of |
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Education rules regarding administration of the assessment |
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instruments listed in this subsection [and shall adopt a policy
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that requires a student's performance on an end-of-course
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assessment instrument for a course listed in this subsection in
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which the student is enrolled to account for 15 percent of the
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student's final grade for the course. If a student retakes an
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end-of-course assessment instrument for a course listed in this
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subsection, as provided by Section 39.025, a school district is not
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required to use the student's performance on the subsequent
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administration or administrations of the assessment instrument to
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determine the student's final grade for the course]. If a student |
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is in a special education program under Subchapter A, Chapter 29, |
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the student's admission, review, and dismissal committee shall |
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determine whether any allowable modification is necessary in |
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administering to the student an assessment instrument required |
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under this subsection. The State Board of Education shall |
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administer the assessment instruments. The State Board of |
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Education shall adopt a schedule for the administration of |
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end-of-course assessment instruments that complies with the |
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requirements of Subsection (c-3). |
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(c-3) In adopting a schedule for the administration of |
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assessment instruments under this section, the State Board of |
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Education shall require: |
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(1) assessment instruments administered under |
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Subsection (a) to be administered on a schedule so that the first |
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assessment instrument is administered at least two weeks later than |
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the date on which the first assessment instrument was administered |
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under Subsection (a) during the 2006-2007 school year; and |
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(2) the spring administration of end-of-course |
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assessment instruments under Subsection (c) to occur in each school |
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district not earlier than the first full week in May, except that |
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the spring administration of the end-of-course assessment |
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instruments in English I and[,] English II[, and English III] must |
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be permitted to occur at an earlier date. |
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SECTION 3. Subsections (a), (a-1), (a-2), (b), and (b-2), |
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Section 39.025, Education Code, are amended to read as follows: |
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(a) The commissioner shall adopt rules requiring a student |
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[participating] in the foundation [recommended or advanced] high |
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school program under Section 28.025 to be administered each |
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end-of-course assessment instrument listed in Section 39.023(c) |
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[and requiring a student participating in the minimum high school
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program to be administered an end-of-course assessment instrument
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listed in Section 39.023(c) only for a course in which the student
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is enrolled and for which an end-of-course assessment instrument is
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administered]. A student is required to achieve[, in each subject
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in the foundation curriculum under Section 28.002(a)(1), a
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cumulative score that is at least equal to the product of the number
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of end-of-course assessment instruments administered to the
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student in that subject and] a scale score that indicates |
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satisfactory performance, as determined by the commissioner under |
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Section 39.0241(a), on each end-of-course assessment instrument |
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listed under Section 39.023(c). [A student must achieve a minimum
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score as determined by the commissioner to be within a reasonable
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range of the scale score under Section 39.0241(a) on an
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end-of-course assessment instrument for the score to count towards
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the student's cumulative score.
For purposes of this subsection, a
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student's cumulative score is determined using the student's
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highest score on each end-of-course assessment instrument
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administered to the student.] A student may not receive a high |
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school diploma until the student has performed satisfactorily on |
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the end-of-course assessment instruments in the manner provided |
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under this subsection. This subsection does not require a student |
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to demonstrate readiness to enroll in an institution of higher |
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education. |
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(a-1) The commissioner by rule shall determine a method by |
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which a student's satisfactory performance on an advanced placement |
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test, international baccalaureate examination, an SAT Subject |
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Test, or another assessment instrument determined by the |
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commissioner to be at least as rigorous as an end-of-course |
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assessment instrument adopted under Section 39.023(c) may be used |
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as a factor in determining whether the student satisfies the |
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requirements of Subsection (a)[, including the cumulative score
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requirement of that subsection]. The commissioner by rule may |
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determine a method by which a student's satisfactory performance on |
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a Preliminary Scholastic Assessment Test (PSAT) [assessment] or a |
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preliminary American College Test (ACT) [assessment] may be used as |
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a factor in determining whether the student satisfies the |
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requirements of Subsection (a). |
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(a-2) In addition to the [cumulative] score requirements on |
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the end-of-course assessment instruments required for graduation |
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under Subsection (a), to graduate under the foundation high school |
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program with a distinguished achievement endorsement, a student |
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must achieve a scale score on an advanced placement test, an |
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international baccalaureate examination, the Scholastic Assessment |
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Test (SAT), an SAT Subject Test, the American College Test (ACT), or |
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another nationally recognized assessment instrument that indicates |
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readiness to enroll in an institution of higher education, as |
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determined by the commissioner. The commissioner may not permit |
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the use of performance on an end-of-course assessment instrument |
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adopted under Section 39.023(c) to satisfy the requirement under |
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this subsection [meets or exceeds the score determined by the
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commissioner under Section 39.0241(a) for English III and Algebra
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II end-of-course assessment instruments to graduate under the
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recommended high school program]. |
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(b) Each time an end-of-course assessment instrument |
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adopted under Section 39.023(c) is administered, a student who |
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failed to achieve a [minimum] score requirement under Subsection |
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(a) may [shall] retake the assessment instrument. [A student who
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fails to perform satisfactorily on an Algebra II or English III
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end-of-course assessment instrument under the college readiness
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performance standard, as provided under Section 39.024(b), may
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retake the assessment instrument.] Any other student may retake an |
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end-of-course assessment instrument for any reason. A student is |
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not required to retake a course as a condition of retaking an |
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end-of-course assessment instrument. |
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(b-2) If a school district determines that a student, on |
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completion of grade 11, is unlikely to achieve the [cumulative] |
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score requirement under this section [requirements] for one or more |
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end-of-course assessment instruments [subjects] prescribed under |
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[by] Subsection (a) for receiving a high school diploma, the |
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district shall require the student to enroll in a corresponding |
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content-area college preparatory course for which an end-of-course |
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assessment instrument has been adopted, if available. A student |
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who enrolls in a college preparatory course described by this |
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subsection shall be administered an end-of-course assessment |
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instrument for the course, with the end-of-course assessment |
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instrument scored on a scale as determined by the commissioner [not
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to exceed 20 percent of the cumulative score requirements required
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to graduate as determined under Subsection (a)]. A student may use |
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the student's score on the end-of-course assessment instrument for |
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the college preparatory course towards satisfying the [cumulative] |
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score requirement under this section [requirements prescribed by
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Subsection (a)]. |
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SECTION 4. The following sections of the Education Code are |
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repealed: |
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(1) Subsections (b), (c), (d), (e), (f), (g), (h), and |
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(i), Section 39.024; |
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(2) Subsection (a-2), Section 39.0241; |
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(3) Section 39.0242; |
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(4) Subsection (a-3), Section 39.025; and |
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(5) Subsection (q-1), Section 51.3062. |
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SECTION 5. Section 39.025, Education Code, as amended by |
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this Act, as related to reducing end-of-course testing |
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requirements, applies only to students who have entered or will |
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enter the ninth grade during the 2011-2012 school year or a later |
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school year. |
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SECTION 6. This Act applies beginning with the 2013-2014 |
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school year. |
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SECTION 7. (a) Subject to Subsection (b) of this section, |
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this Act takes effect immediately if it receives a vote of |
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two-thirds of all the members elected to each house, as provided by |
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Section 39, Article III, Texas Constitution. If this Act does not |
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receive the vote necessary for immediate effect, this Act takes |
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effect September 1, 2013. |
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(b) This Act takes effect as provided by Subsection (a) of |
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this section only if Senate Bill No. 3, Acts of the 83rd |
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Legislature, Regular Session, 2013, becomes law. If that bill does |
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not become law, this Act has no effect. |
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