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A BILL TO BE ENTITLED
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AN ACT
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relating to sexual assault and domestic violence awareness training |
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and reporting by cosmetology license holders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 1602.254(b) and (c), Occupations Code, |
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are amended to read as follows: |
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(b) To be eligible for an operator license, an applicant |
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must meet the requirements of Subsection (c) or: |
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(1) be at least 17 years of age; |
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(2) have obtained a high school diploma or the |
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equivalent of a high school diploma or have passed a valid |
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examination administered by a certified testing agency that |
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measures the person's ability to benefit from training; [and] |
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(3) have completed: |
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(A) 1,500 hours of instruction in a licensed |
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beauty culture school; or |
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(B) 1,000 hours of instruction in beauty culture |
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courses and 500 hours of related high school courses prescribed by |
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the commission in a vocational cosmetology program in a public |
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school; and |
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(4) have completed a sexual assault and domestic |
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violence education program established or approved by the |
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commission under Section 1602.263. |
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(c) The commission shall adopt rules for the issuance of an |
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operator license under this section to a person who holds a Class A |
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barber certificate. The department shall issue the license to an |
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applicant who: |
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(1) holds an active Class A barber certificate; |
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(2) completes 300 hours of instruction in cosmetology |
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through a commission-approved training program in a cosmetology |
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school; |
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(3) completes a sexual assault and domestic violence |
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education program established or approved by the commission under |
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Section 1602.263; |
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(4) [(3)] passes the examination required under |
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Section 1602.262; and |
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(5) [(4)] submits to the department: |
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(A) an application on a form prescribed by the |
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department; and |
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(B) the required fee. |
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SECTION 2. Section 1602.256(b), Occupations Code, is |
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amended to read as follows: |
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(b) To be eligible for a manicurist specialty license, an |
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applicant must: |
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(1) be at least 17 years of age; |
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(2) have obtained a high school diploma or the |
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equivalent of a high school diploma or have passed a valid |
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examination administered by a certified testing agency that |
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measures the person's ability to benefit from training; [and] |
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(3) have completed 600 hours of instruction in |
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manicuring through a commission-approved training program; and |
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(4) have completed a sexual assault and domestic |
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violence education program established or approved by the |
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commission under Section 1602.263. |
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SECTION 3. Section 1602.257(b), Occupations Code, is |
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amended to read as follows: |
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(b) To be eligible for an esthetician specialty license, an |
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applicant must: |
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(1) be at least 17 years of age; |
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(2) have obtained a high school diploma or the |
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equivalent of a high school diploma or have passed a valid |
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examination administered by a certified testing agency that |
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measures the person's ability to benefit from training; [and] |
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(3) have completed 750 hours of instruction in |
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esthetics specialty through a commission-approved training |
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program; and |
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(4) have completed a sexual assault and domestic |
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violence education program established or approved by the |
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commission under Section 1602.263. |
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SECTION 4. Section 1602.2571(b), Occupations Code, is |
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amended to read as follows: |
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(b) To be eligible for a specialty license in eyelash |
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extension application, an applicant must: |
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(1) be at least 17 years of age; |
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(2) have obtained a high school diploma or the |
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equivalent of a high school diploma or have passed a valid |
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examination administered by a certified testing agency that |
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measures the person's ability to benefit from training; [and] |
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(3) have completed a training program described by |
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Section 1602.2572 that has been approved by the commission; and |
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(4) have completed a sexual assault and domestic |
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violence education program established or approved by the |
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commission under Section 1602.263. |
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SECTION 5. Section 1602.259(b), Occupations Code, is |
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amended to read as follows: |
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(b) To be eligible for a hair weaving specialty certificate, |
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an applicant must: |
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(1) be at least 17 years of age; [and] |
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(2) have the necessary requisites as determined by the |
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department in the particular specialty for which certification is |
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sought, including training through a commission-approved training |
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program; and |
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(3) have completed a sexual assault and domestic |
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violence education program established or approved by the |
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commission under Section 1602.263. |
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SECTION 6. Section 1602.260(b), Occupations Code, is |
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amended to read as follows: |
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(b) To be eligible for a wig specialty certificate, an |
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applicant must: |
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(1) be at least 17 years of age; [and] |
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(2) have the necessary requisites as determined by the |
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department in the particular specialty for which certification is |
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sought, including training through a commission-approved training |
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program; and |
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(3) have completed a sexual assault and domestic |
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violence education program established or approved by the |
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commission under Section 1602.263. |
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SECTION 7. Section 1602.261(c), Occupations Code, is |
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amended to read as follows: |
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(c) An applicant who qualifies under Subsection (b)(3)(B) |
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must: |
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(1) either: |
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(A) have obtained a high school diploma or a high |
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school equivalency certificate; or |
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(B) have passed a valid examination administered |
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by a certified testing agency that measures the person's ability to |
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benefit from training; [and] |
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(2) have completed: |
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(A) 1,200 hours of instruction in a |
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manicure/esthetics specialty curriculum in a commission-approved |
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training program; or |
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(B) 600 hours of instruction in a manicure |
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curriculum and 750 hours of instruction in an esthetics curriculum |
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in commission-approved training programs; and |
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(3) have completed a sexual assault and domestic |
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violence education program established or approved by the |
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commission under Section 1602.263. |
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SECTION 8. Subchapter F, Chapter 1602, Occupations Code, is |
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amended by adding Section 1602.263 to read as follows: |
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Sec. 1602.263. SEXUAL ASSAULT AND DOMESTIC VIOLENCE |
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EDUCATION PROGRAM. (a) The commission shall adopt rules to |
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establish or approve an education program on sexual assault and |
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domestic violence awareness and support. A program established or |
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approved under this section must be one hour in duration and may be |
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provided as an online course. |
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(b) The commission may adopt rules relating to the standards |
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for approval of a program described by Subsection (a), including |
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the content and provider of the program. |
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(c) An applicant for the issuance or renewal of a license or |
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certificate issued under this chapter who is required to complete a |
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program established or approved under this section shall verify |
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completion of the program in the manner provided by commission |
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rule. |
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SECTION 9. Section 1602.354, Occupations Code, is amended |
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by adding Subsection (c) to read as follows: |
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(c) As part of the continuing education programs under |
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Subsection (a), a person who holds a license or certificate issued |
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under Subchapter F must complete a sexual assault and domestic |
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violence education program that is established or approved by the |
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commission under Section 1602.263. The commission may waive |
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compliance with this subsection if: |
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(1) the commission determines that completion of the |
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requirement will cause the person substantial financial hardship; |
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(2) the person is serving in the United States armed |
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forces; or |
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(3) the person is incapacitated due to illness. |
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SECTION 10. Subchapter I, Chapter 1602, Occupations Code, |
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is amended by adding Section 1602.408 to read as follows: |
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Sec. 1602.408. IMMUNITY FROM LIABILITY. A person who has |
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completed the education program under Section 1602.263 when |
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required by Subchapter F and Section 1602.354(c), or that person's |
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employer, is immune from civil and criminal liability for |
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reporting, in good faith, information obtained during the course |
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and scope of the person's employment that relates to a potential act |
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of sexual assault or domestic violence. |
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SECTION 11. (a) Not later than September 1, 2018, the Texas |
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Commission of Licensing and Regulation shall adopt rules to |
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implement the changes in law made by this Act to Chapter 1602, |
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Occupations Code. |
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(b) The changes in law made by this Act apply only to an |
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application for the issuance or renewal of a license or certificate |
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that is filed with the Texas Department of Licensing and Regulation |
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on or after September 1, 2018. An application for the issuance or |
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renewal of a license or certificate that is filed before that date |
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is governed by the law in effect immediately before the effective |
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date of this Act, and the former law is continued in effect for that |
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purpose. |
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SECTION 12. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2017. |
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(b) Section 1602.408, Occupations Code, as added by this |
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Act, takes effect September 1, 2018. |