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A BILL TO BE ENTITLED
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AN ACT
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relating to positive behavioral interventions and supports for |
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students enrolled in public school who receive special education |
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services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 21.451(d) and (f), Education Code, are |
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amended to read as follows: |
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(d) The staff development: |
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(1) may include training in: |
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(A) technology; |
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(B) conflict resolution; |
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(C) discipline strategies, including classroom |
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management, district discipline policies, and the student code of |
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conduct adopted under Section 37.001 and Chapter 37; [and] |
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(D) positive behavioral intervention and |
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supports or related strategies; and |
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(E) protecting students from bullying, including |
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preventing, identifying, responding to, and reporting incidents of |
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bullying; |
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(2) subject to Subsection (e) and to Section 21.3541 |
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and rules adopted under that section, must include training that is |
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evidence-based [based on scientifically based research], as |
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defined by Section 8101, Every Student Succeeds Act [9101, No Child
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Left Behind Act of 2001] (20 U.S.C. Section 7801), and that: |
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(A) relates to instruction of students with |
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disabilities; and |
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(B) is designed for educators who work primarily |
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outside the area of special education; and |
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(3) must include suicide prevention training that must |
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be provided: |
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(A) on an annual basis, as part of a new employee |
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orientation, to all new school district and open-enrollment charter |
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school educators; and |
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(B) to existing school district and |
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open-enrollment charter school educators on a schedule adopted by |
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the agency by rule. |
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(f) In developing or maintaining the training required by |
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Subsection (d)(2), a school district must consult with persons with |
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expertise in evidence-based [research-based] practices for |
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students with disabilities. Persons who may be consulted under |
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this subsection include colleges, universities, private and |
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nonprofit organizations, regional education service centers, |
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qualified district personnel, and behavior specialist |
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professionals [any other persons identified as qualified by the
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district]. This subsection applies to all training required by |
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Subsection (d)(2), regardless of whether the training is provided |
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at the campus or district level. In this subsection, "behavior |
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specialist professional" means a person who: |
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(1) is appropriately certified as determined by the |
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commissioner in, is trained in, or has knowledge of: |
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(A) principles and practices of behavioral |
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support plan development, implementation, and evaluation; |
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(B) medications used to assist with behavior |
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management, including the side effects and adverse effects of those |
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medications; |
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(C) systems used to track treatment |
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effectiveness; |
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(D) delivery of behavioral services to persons |
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with disabilities; and |
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(E) characteristics of developmental |
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disabilities; and |
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(2) has the ability to: |
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(A) conduct a comprehensive functional |
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behavioral assessment; |
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(B) develop a behavior support plan that includes |
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positive behavioral intervention and supports or related |
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strategies; |
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(C) evaluate behavioral and special education |
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program data; and |
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(D) plan, assign, and supervise the work of |
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others. |
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SECTION 2. Subchapter A, Chapter 29, Education Code, is |
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amended by adding Section 29.021 to read as follows: |
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Sec. 29.021. POSITIVE BEHAVIORAL INTERVENTIONS AND |
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SUPPORTS. (a) In this section, "restraint" and "seclusion" have |
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the meanings assigned by Section 37.0021. |
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(b) It is the policy of this state that each school district |
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to the maximum extent possible should provide functional behavioral |
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assessments to a student whose behavior interferes with the ability |
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of that student or of another student to learn. The result of |
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student assessments shall be used to develop and provide positive |
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behavioral interventions and supports or related strategies to |
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enhance academic and social behavioral outcomes for students by: |
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(1) emphasizing the use of data to inform decisions |
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regarding selecting, implementing, and monitoring the progress of |
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evidence-based behavioral practices; |
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(2) organizing resources and systems to improve the |
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faithful implementation and sustainability of positive behavioral |
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intervention and supports or related strategies; and |
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(3) providing training to school district personnel |
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who will be involved in implementing positive behavioral |
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intervention and supports or related strategies. |
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(c) A school district shall provide positive behavioral |
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interventions and supports or related strategies under this section |
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in a manner that: |
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(1) ensures a student's freedom from restraint and |
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seclusion except as provided by Section 37.0021 and rules adopted |
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by the commissioner under that section; |
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(2) respects human dignity and personal privacy and |
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does not cause pain or trauma to a student; |
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(3) ensures a student's right to placement in the least |
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restrictive educational environment; and |
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(4) focuses on the individual in order to determine |
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the most appropriate strategy for each student. |
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(d) If the student's admission, review, and dismissal |
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committee determines that the creation or revision of a behavioral |
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intervention plan is necessary, the committee shall create or |
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revise the plan to include positive behavioral interventions and |
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supports or related evidence-based behavioral intervention |
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strategies. The district shall offer training on positive |
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behavioral intervention and supports or related strategies to all |
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school district personnel involved in the implementation of the |
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behavioral intervention plan who have not received training on |
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positive behavioral intervention and supports or related |
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strategies within the preceding two years. The training offered |
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under this subsection must be: |
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(1) conducted by one or more persons who may be |
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consulted under Section 21.451(f); and |
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(2) to the maximum extent possible, relevant to the |
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behavioral intervention plan. |
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(e) The student's admission, review, and dismissal |
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committee shall monitor the implementation and results of the |
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behavioral intervention plan and determine the need for any |
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revision of the plan or any additional training for school district |
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personnel. |
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SECTION 3. Section 37.0021, Education Code, is amended by |
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adding Subsections (d-1), (d-2), and (d-3) to read as follows: |
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(d-1) A school district or a school district employee or |
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volunteer or an independent contractor of a school district may not |
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authorize, order, consent to, or pay for any of the following: |
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(1) an intervention that is designed to or likely to |
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cause physical pain, including electric shock or any procedure that |
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involves the use of pressure points or joint locks; |
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(2) an intervention that involves the directed release |
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of a noxious, toxic, or otherwise unpleasant spray, mist, or |
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substance near the student's face; |
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(3) an intervention that denies adequate sleep, air, |
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food, water, shelter, bedding, physical comfort, or access to a |
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restroom facility; |
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(4) an intervention that involves subjecting the |
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student to verbal abuse, ridicule, or humiliation or that can be |
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expected to cause the student emotional trauma; |
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(5) a restrictive intervention that employs a device, |
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material, or object that simultaneously immobilizes all four |
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extremities, including any procedure that results in such |
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immobilization known as prone or supine floor restraint; |
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(6) an intervention that impairs the student's |
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breathing, including any procedure that involves: |
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(A) applying pressure to the student's torso or |
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neck; or |
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(B) obstructing the student's airway, including |
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placing an object in, on, or over the student's mouth or nose or |
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placing a bag, cover, or mask over the student's face; |
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(7) an intervention that restricts the student's |
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circulation; |
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(8) an intervention that secures the student to a |
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stationary object while the student is in a sitting or standing |
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position; |
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(9) an intervention that inhibits, reduces, or hinders |
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the student's ability to communicate; |
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(10) an intervention that involves the use of a |
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chemical restraint; |
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(11) an intervention that prevents observation by a |
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direct line of sight or otherwise precludes adequate supervision of |
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the student, including isolating the student in a classroom by the |
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use of physical barriers; or |
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(12) an intervention that deprives the student of the |
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use of one or more of the student's senses. |
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(d-2) For purposes of Subsection (d-1)(11), an intervention |
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that denies the student academic instruction by a certified |
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educator constitutes an intervention that precludes adequate |
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supervision. |
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(d-3) In adopting procedures under this section, the |
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commissioner shall provide guidance to school district employees, |
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volunteers, and independent contractors of school districts in |
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avoiding a violation of Subsection (d-1). |
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SECTION 4. This Act applies beginning with the 2017-2018 |
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school year. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |