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A BILL TO BE ENTITLED
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AN ACT
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relating to veterans treatment court programs and the results of |
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successfully completing those programs; imposing a filing fee on |
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certain civil cases to benefit veterans treatment court programs; |
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changing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 101, Government Code, is |
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amended by adding Section 101.061195 to read as follows: |
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Sec. 101.061195. ADDITIONAL DISTRICT COURT FEES FOR |
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VETERANS TREATMENT COURT PROGRAMS: GOVERNMENT CODE. The clerk of a |
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district court shall collect an additional filing fee of $3 under |
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Section 124.007 in civil cases to benefit veterans treatment court |
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programs. |
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SECTION 2. Subchapter E, Chapter 101, Government Code, is |
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amended by adding Section 101.081194 to read as follows: |
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Sec. 101.081194. ADDITIONAL STATUTORY COUNTY COURT FEES FOR |
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VETERANS TREATMENT COURT PROGRAMS: GOVERNMENT CODE. The clerk of a |
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statutory county court shall collect an additional filing fee of $3 |
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under Section 124.007 in civil cases to benefit veterans treatment |
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court programs. |
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SECTION 3. Section 103.027(a), Government Code, is amended |
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to read as follows: |
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(a) Fees and costs shall be paid or collected under the |
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Government Code as follows: |
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(1) filing a certified copy of a judicial finding of |
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fact and conclusion of law if charged by the secretary of state |
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(Sec. 51.905, Government Code) . . . $15; |
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(2) cost paid by each surety posting the bail bond for |
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an offense other than a misdemeanor punishable by fine only under |
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Chapter 17, Code of Criminal Procedure, for the assistant |
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prosecutor supplement fund and the fair defense account (Sec. |
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41.258, Government Code) . . . $15, provided the cost does not |
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exceed $30 for all bail bonds posted at that time for an individual |
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and the cost is not required on the posting of a personal or cash |
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bond; |
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(3) to participate in a court proceeding in this |
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state, a nonresident attorney fee (Sec. 82.0361, Government Code) . |
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. . $250 except as waived or reduced under supreme court rules for |
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representing an indigent person; |
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(4) on a party's appeal of a final decision in a |
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contested case, the cost of preparing the original or a certified |
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copy of the record of the agency proceeding, if required by the |
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agency's rule, as a court cost (Sec. 2001.177, Government Code) . . |
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. as assessed by the court, all or part of the cost of preparation; |
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(5) a program fee for a drug court program (Sec. |
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123.004, Government Code) . . . not to exceed $1,000; |
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(6) an alcohol or controlled substance testing, |
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counseling, and treatment fee (Sec. 123.004, Government Code) . . . |
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the amount necessary to cover the costs of testing, counseling, and |
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treatment; |
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(7) a reasonable program fee for a veterans treatment |
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court program (Sec. 124.005, Government Code) . . . not to exceed |
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$500 [$1,000]; |
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(8) a testing, counseling, and treatment fee for |
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testing, counseling, or treatment performed or provided under a |
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veterans treatment court program (Sec. 124.005, Government Code) . |
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. . the amount necessary to cover the costs of testing, counseling, |
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or treatment; and |
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(9) a nonrefundable program fee for a prostitution |
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prevention program (Sec. 126.006, Government Code) . . . a |
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reasonable amount not to exceed $1,000, which must include a |
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counseling and services fee in an amount necessary to cover the |
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costs of counseling and services provided by the program, a victim |
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services fee in an amount equal to 10 percent of the total fee, and a |
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law enforcement training fee in an amount equal to five percent of |
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the total fee. |
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SECTION 4. Section 124.005(a), Government Code, is amended |
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to read as follows: |
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(a) A veterans treatment court program established under |
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this chapter may collect from a participant in the program: |
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(1) a reasonable program fee not to exceed $500 |
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[$1,000]; and |
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(2) a testing, counseling, and treatment fee in an |
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amount necessary to cover the costs of any testing, counseling, or |
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treatment performed or provided under the program. |
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SECTION 5. Chapter 124, Government Code, is amended by |
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adding Section 124.007 to read as follows: |
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Sec. 124.007. ADDITIONAL FILING FEE FOR CIVIL CASES IN |
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CERTAIN COURTS. (a) In addition to all other fees authorized or |
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required by other law, the clerk of a district court or statutory |
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county court shall assess a fee of $3 in each civil case filed in the |
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court to be used to benefit veterans treatment court programs. |
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(b) Court fees due under this section are collected in the |
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same manner as other fees, fines, or costs are collected in the |
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case. A clerk collecting the fees shall keep separate records of |
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the funds collected as fees under this section and shall deposit the |
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funds in the county treasury, as appropriate. |
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(c) The custodian of a county treasury shall: |
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(1) keep records of the amount of funds on deposit |
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collected under this section; and |
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(2) except as provided by Subsection (d), send to the |
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comptroller before the last day of the first month following each |
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calendar quarter the funds collected under this section during the |
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preceding quarter. |
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(d) If a county has established a veterans treatment court |
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program or establishes a veterans treatment court program before |
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the expiration of the calendar quarter, the county is entitled to |
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retain 60 percent of the funds collected under this section by a |
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clerk during the calendar quarter to be used exclusively for the |
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development and maintenance of veterans treatment court programs |
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operated within the county. |
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(e) If no funds due as fees under this section are deposited |
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in a county treasury in a calendar quarter, the custodian of the |
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treasury shall file the report required for the quarter in the |
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regular manner and must state that no funds were collected. |
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(f) The comptroller shall deposit the funds received under |
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this section to the credit of the veterans treatment court account |
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in the general revenue fund to help fund veterans treatment court |
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programs established under this chapter or former law. The |
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legislature shall appropriate money from the account solely to the |
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criminal justice division of the governor's office for distribution |
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to veterans treatment court programs that apply for the money. |
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(g) Funds collected under this section are subject to audit |
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by the comptroller. |
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SECTION 6. Subchapter E-1, Chapter 411, Government Code, is |
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amended by adding Section 411.0726 to read as follows: |
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Sec. 411.0726. PROCEDURE FOLLOWING DISMISSAL OF CHARGES |
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AFTER SUCCESSFUL COMPLETION OF VETERANS TREATMENT COURT PROGRAM. |
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(a) This section applies only to a person: |
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(1) who successfully completes a veterans treatment |
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court program under Chapter 124 or former law; and |
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(2) with respect to whom the applicable charge for the |
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offense for which the person entered that program is dismissed |
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under Section 124.001(b). |
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(b) Notwithstanding any other provision of this subchapter |
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or Subchapter F, a court that dismisses the charges against a person |
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described by Subsection (a) as a result of the person's |
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participation in a veterans treatment court program shall issue an |
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order of nondisclosure of criminal history record information under |
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this subchapter prohibiting criminal justice agencies from |
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disclosing to the public criminal history record information |
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related to the offense for which the person entered the program. |
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The court shall issue the order of nondisclosure not later than the |
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30th day after the date the court dismisses the charges against the |
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person. |
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(c) The person must pay a $28 fee to the clerk of the court |
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before the court issues the order of nondisclosure of criminal |
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history record information under this section. |
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SECTION 7. Section 411.074, Government Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) This section does not apply to an order of nondisclosure |
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of criminal history record information under Section 411.0726. |
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SECTION 8. Section 103.0271, Government Code, is repealed. |
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SECTION 9. The change in law made by this Act to Section |
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124.005(a), Government Code, applies to a person who, on or after |
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the effective date of this Act, enters a veterans treatment court |
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program under Chapter 124, Government Code, regardless of whether |
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the person committed the offense for which the person enters the |
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program before, on, or after the effective date of this Act. |
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SECTION 10. (a) The changes in law made by this Act in |
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adding Section 411.0726, Government Code, apply to an order of |
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nondisclosure of criminal history record information for a person |
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who successfully completes a veterans treatment court program under |
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Chapter 124, Government Code, or former law, before, on, or after |
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the effective date of this Act, regardless of when the underlying |
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arrest occurred. |
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(b) For a person who is entitled to an order of |
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nondisclosure of criminal history record information under Section |
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411.0726, Government Code, as added by this Act, based on a |
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successful completion of a veterans treatment court program under |
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Chapter 124, Government Code, or former law, before the effective |
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date of this Act, notwithstanding the 30-day time limit provided |
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for the court to enter an automatic order of nondisclosure of |
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criminal history record information under that section, the court |
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shall enter an order of nondisclosure of criminal history record |
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information for the person as soon as practicable after the court |
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receives written notice from any party to the case about the |
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person's entitlement to the order of nondisclosure. |
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SECTION 11. To the extent of any conflict, this Act prevails |
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over another Act of the 85th Legislature, Regular Session, 2017, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 12. This Act takes effect September 1, 2017. |