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A BILL TO BE ENTITLED
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AN ACT
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relating to access to a residence or former residence to retrieve |
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personal property, including access based on danger of family |
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violence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 24A, Property Code, is amended by |
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amending Sections 24A.001 and 24A.002 and adding Section 24A.0021 |
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to read as follows: |
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Sec. 24A.001. DEFINITIONS [DEFINITION]. In this chapter: |
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(1) "Electronic record" means a record created, |
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generated, sent, communicated, received, or stored by electronic |
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means. |
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(2) "Family violence" has the meaning assigned by |
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Section 71.004, Family Code. |
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(3) "Peace[, "peace] officer" means a person listed |
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under Article 2.12(1) or (2), Code of Criminal Procedure. |
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Sec. 24A.002. WRIT [ORDER] AUTHORIZING ENTRY AND PROPERTY |
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RETRIEVAL; PEACE OFFICER TO ACCOMPANY. (a) If a person is unable |
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to enter the person's residence or former residence to retrieve |
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personal property belonging to the person or the person's dependent |
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because the current occupant is denying the person entry, the |
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person may apply to the justice court for a writ [an order] |
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authorizing the person to enter the residence accompanied by a |
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peace officer to retrieve specific items of personal property. |
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(b) An application under Subsection (a) must: |
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(1) certify that the applicant is unable to enter the |
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residence because the current occupant of the residence: |
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(A) has denied the applicant access to the |
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residence; or |
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(B) poses a clear and present danger of family |
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violence to the applicant or the applicant's dependent; |
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(2) certify that, to the best of the applicant's |
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knowledge, the applicant is not: |
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(A) the subject of an active protective order |
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under Title 4, Family Code, a magistrate's order for emergency |
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protection under Article 17.292, Code of Criminal Procedure, or |
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another court order prohibiting entry to the residence; or |
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(B) otherwise prohibited by law from entering the |
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residence; |
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(3) allege that the applicant or the applicant's |
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[minor] dependent requires personal items located in the residence |
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that are only of the following types: |
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(A) medical records; |
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(B) medicine and medical supplies; |
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(C) clothing; |
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(D) child-care items; |
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(E) legal or financial documents; |
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(F) checks or bank or credit cards in the name of |
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the applicant; |
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(G) employment records; [or] |
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(H) personal identification documents; or |
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(I) copies of electronic records containing |
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legal or financial documents; |
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(4) describe with specificity the items that the |
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applicant intends to retrieve; |
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(5) allege that the applicant or the applicant's |
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dependent will suffer personal harm if the items listed in the |
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application are not retrieved promptly; and |
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(6) include a lease or other documentary evidence that |
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shows the applicant is currently or was formerly authorized to |
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occupy the residence. |
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(c) Before the justice of the peace may issue a writ [an
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order] under this section, the applicant must execute a bond that: |
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(1) has two or more good and sufficient non-corporate |
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sureties or one corporate surety authorized to issue bonds in this |
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state; |
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(2) is payable to the occupant of the residence; |
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(3) is in an amount required by the justice; and |
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(4) is conditioned on the applicant paying all damages |
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and costs adjudged against the applicant for wrongful property |
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retrieval. |
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(d) The applicant shall deliver the bond to the justice of |
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the peace issuing the writ [order] for the justice's approval. The |
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bond shall be filed with the justice court. |
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(e) On sufficient evidence of urgency and potential harm to |
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the health and safety of any person and after sufficient notice to |
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the current occupant and an opportunity to be heard, the justice of |
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the peace may grant the application under this section and issue a |
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writ [an order] authorizing the applicant to enter the residence |
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accompanied by a peace officer and retrieve the property listed in |
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the application if the justice of the peace finds that: |
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(1) the applicant is unable to enter the residence |
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because the current occupant of the residence has denied the |
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applicant access to the residence to retrieve the applicant's |
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personal property or the personal property of the applicant's |
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dependent; |
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(2) the applicant is not: |
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(A) the subject of an active protective order |
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under Title 4, Family Code, a magistrate's order for emergency |
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protection under Article 17.292, Code of Criminal Procedure, or |
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another court order prohibiting entry to the residence; or |
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(B) otherwise prohibited by law from entering the |
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residence; |
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(3) there is a risk of personal harm to the applicant |
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or the applicant's dependent if the items listed in the application |
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are not retrieved promptly; |
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(4) the applicant is currently or was formerly |
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authorized to occupy the residence according to a lease or other |
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documentary evidence; and |
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(5) the current occupant received notice of the |
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application and was provided an opportunity to appear before the |
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court to contest the application. |
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Sec. 24A.0021. TEMPORARY EX PARTE WRIT AUTHORIZING ENTRY |
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AND PROPERTY RETRIEVAL. (a) If a justice of the peace finds at the |
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hearing on an application for a writ under Section 24A.002 that the |
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conditions of Sections 24A.002(e)(1)-(4) are established and that |
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the current occupant poses a clear and present danger of family |
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violence to the applicant or the applicant's dependent, the justice |
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may: |
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(1) waive the requirements relating to providing: |
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(A) a bond under Sections 24A.002(c) and (d); and |
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(B) notice and opportunity to be heard under |
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Section 24A.002(e)(5); and |
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(2) grant the application and issue a temporary ex |
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parte writ authorizing the applicant to enter the residence |
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accompanied by a peace officer and retrieve the property listed in |
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the application. |
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(b) The justice of the peace may recess a hearing under |
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Subsection (a) to notify the current occupant by telephone that the |
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current occupant may attend the hearing or bring to the court the |
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personal property listed in the application. The justice of the |
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peace shall reconvene the hearing before 5 p.m. that day regardless |
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of whether the current occupant attends the hearing or brings the |
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personal property to the court. |
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(c) A temporary ex parte writ issued under Subsection (a) |
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must state the period, not to exceed five days, during which the |
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writ is valid. |
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SECTION 2. Sections 24A.003(a), (b), and (c), Property |
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Code, are amended to read as follows: |
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(a) If the justice of the peace grants an application under |
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Section 24A.002 or Section 24A.0021, a peace officer shall |
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accompany and assist the applicant in making the authorized entry |
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and retrieving the items of personal property listed in the |
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application. |
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(b) If the current occupant of the residence is present at |
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the time of the entry, the peace officer shall provide the occupant |
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with a copy of the writ [court order] authorizing the entry and |
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property retrieval. |
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(c) Before removing the property listed in the application |
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from the residence, the applicant must submit all property |
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retrieved to the peace officer assisting the applicant under this |
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section to be inventoried. The peace officer shall create an |
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inventory listing the items taken from the residence, provide a |
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copy of the inventory to the applicant, provide a copy of the |
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inventory to the current occupant or, if the current occupant is not |
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present, leave the copy in a conspicuous place in the residence, and |
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return the property to be removed from the residence to the |
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applicant. The officer shall file the original inventory with the |
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court that issued the writ [order] authorizing the entry and |
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property retrieval. |
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SECTION 3. Section 24A.004, Property Code, is amended to |
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read as follows: |
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Sec. 24A.004. IMMUNITY FROM LIABILITY. A landlord or a |
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landlord's agent who permits or facilitates entry into a residence |
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in accordance with a writ [court order] issued under this chapter is |
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not civilly or criminally liable for an act or omission that arises |
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in connection with permitting or facilitating the entry. |
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SECTION 4. Sections 24A.005(a) and (c), Property Code, are |
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amended to read as follows: |
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(a) A person commits an offense if the person interferes |
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with a person or peace officer entering a residence and retrieving |
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personal property under the authority of a writ [court order] |
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issued under Section 24A.002 or 24A.0021. |
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(c) It is a defense to prosecution under this section that |
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the actor did not receive a copy of the writ [court order] or other |
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notice that the entry or property retrieval was authorized. |
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SECTION 5. Section 24A.006(a), Property Code, is amended to |
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read as follows: |
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(a) The occupant of a residence that is the subject of a writ |
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[court order] issued under Section 24A.002 or 24A.0021, not later |
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than the 10th day after the date of the authorized entry, may file a |
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complaint in the court that issued the writ [order] alleging that |
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the applicant has appropriated property belonging to the occupant |
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or the occupant's dependent. |
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SECTION 6. Chapter 24A, Property Code, as amended by this |
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Act, applies only to an application filed on or after the effective |
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date of this Act. An application filed before the effective date of |
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this Act is governed by the law in effect on the date the |
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application was filed, and the former law is continued in effect for |
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that purpose. |
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SECTION 7. This Act takes effect September 1, 2017. |