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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 85th |
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Legislature, Regular Session, 2017, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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House Bill 22 (public school accountability) to consider and take |
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action on the following matter: |
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(1) Senate Rule 12.03(3), is suspended to permit the |
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committee to add text on a matter that is not in disagreement in |
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proposed SECTION 8 of the bill, in added Section 39.053(c-3), |
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Education Code, to read as follows: |
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(c-3) Any standard for improvement determined by the |
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commissioner as described by Subsection (c)(2)(A) must allow for |
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appropriately crediting a student for growth if the student |
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performs at the highest achievement standard in the previous and |
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current school year. |
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Explanation: The addition is necessary to provide an |
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appropriate standard for measuring student growth in performance |
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on assessment instruments. |
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(2) Senate Rule 12.03(3), is suspended to permit the |
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committee to add text on a matter that is not in disagreement in |
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proposed SECTION 10 of the bill, in amended Section 39.054(a), |
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Education Code, by adding a sentence referencing added Section |
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39.0544, Education Code, to read as follows: |
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(a) The commissioner shall adopt rules to evaluate school |
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district and campus performance and assign each district and |
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campus an overall performance rating of A, B, C, D, or F. In |
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addition to the overall performance rating, the commissioner |
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shall assign each district and campus a separate domain |
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performance rating of A, B, C, D, or F for each domain under |
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Section 39.053(c) [Sections 39.053(c)(1)-(4)]. An overall or |
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domain performance rating of A reflects exemplary performance. |
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An overall or domain performance rating of B reflects recognized |
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performance. An overall or domain performance rating of C |
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reflects acceptable performance. An overall or domain |
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performance rating of D reflect performance that needs |
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improvement. An overall or domain performance rating of [or] F |
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reflects unacceptable performance. A district may not receive an |
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overall or domain performance rating of A if the district |
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includes any campus with a corresponding overall or domain |
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performance rating of D or F. If a school district has been |
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approved under Section 39.0544 to assign campus performance |
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ratings and the commissioner has not assigned a campus an overall |
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performance rating of D or F, the commissioner shall assign the |
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campus an overall performance rating based on the school district |
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assigned performance rating under Section 39.0544. A reference |
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in law to an acceptable rating or acceptable performance includes |
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an overall or domain performance rating of A, B, [or] C, or D or |
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performance that is exemplary, recognized, or acceptable |
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performance or performance that needs improvement. |
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Explanation: The addition is necessary to incorporate the |
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local accountability system as a component in assigning |
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performance ratings. |
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(3) Senate Rule 12.03(3), is suspended to permit the |
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committee to add text on a matter that is not in disagreement in |
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proposed SECTION 10 of the bill, in amended Section 39.054(a-2), |
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Education Code, by adding a reference to added Section 39.0544, |
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Education Code, to read as follows: |
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(a-2) The commissioner by rule may [shall] adopt |
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procedures to ensure that a repeated performance rating of D or F |
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or unacceptable in one domain, particularly performance that is |
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not significantly improving, is reflected in the overall |
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performance rating of a district or campus under Section 39.0544 |
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and is not compensated for by a performance rating of A, B, or C |
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in another domain. |
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Explanation: The addition is necessary to provide a |
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reference to the local accountability system. |
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(4) Senate Rules 12.03(2) and (4), are suspended to |
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permit the committee to omit text that amended Section 39.0546, |
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Education Code, relating to performance in community and student |
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engagement as a component of district and campus rating, on a |
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matter that is not in disagreement, and add text on a matter that |
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is not included in either the house or senate version of the bill |
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by repealing in SECTION 19 of the bill Section 39.0546, Education |
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Code. |
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Explanation: The change is necessary to repeal Section |
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39.0546, Education Code, which is no longer necessary with the |
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addition of the local accountability system. |
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(5) Senate Rule 12.03(3), is suspended to permit the |
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committee to add text on a matter that is not in disagreement in |
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proposed SECTION 14 of the bill, in added Section 39.0544, |
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Education Code, to read as follows: |
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Sec. 39.0544. LOCAL ACCOUNTABILITY SYSTEM. (a) The |
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commissioner shall adopt rules regarding the assignment of |
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campus performance ratings by school districts and |
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open-enrollment charter schools. The rules: |
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(1) must require a district or school, in assigning |
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an overall performance rating for a campus, to incorporate: |
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(A) domain performance ratings assigned by the |
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commissioner under Section 39.054; and |
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(B) performance ratings based on locally |
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developed domains or sets of accountability measures; |
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(2) may permit a district or school to assign |
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weights to each domain or set of accountability measures |
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described in Subdivision (1), as determined by the district or |
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school, provided that the domains specified in Subdivision |
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(1)(A) must in the aggregate account for at least 50 percent of |
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the overall performance rating; |
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(3) must require that each locally developed domain |
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or set of accountability measures: |
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(A) contain levels of performance that allow |
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for differentiation, with assigned standards for achieving the |
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differentiated levels; |
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(B) provide for the assignment of a letter |
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grade of A, B, C, D, or F; and |
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(C) meet standards for reliability and |
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validity; |
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(4) must require that calculations for overall |
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performance ratings and each locally developed domain or set of |
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accountability measures be capable of being audited by a third |
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party; |
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(5) must require that a district or school produce a |
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campus score card that may be displayed on the agency's web site; |
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and |
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(6) must require that a district or school develop |
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and make available to the public an explanation of the |
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methodology used to assign performance ratings under this |
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section. |
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(b) The commissioner shall develop a process to approve a |
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request by a school district or open-enrollment charter school to |
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assign campus performance ratings in accordance with this |
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section. Under that process, a district or school must obtain |
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approval of a local accountability plan submitted by the district |
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or school to the agency. A plan may be approved only if: |
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(1) after review, the agency determines the plan |
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meets the minimum requirements under this section and agency |
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rule; |
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(2) at the commissioner's discretion, an audit |
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conducted by the agency verifies the calculations included in the |
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plan; and |
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(3) subject to Subsection (d), a review panel |
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appointed under Subsection (c) approves the plan. |
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(c) The commissioner shall appoint a review panel for |
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purposes of Subsection (b)(3) that includes a majority of members |
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who are superintendents or members of the board of trustees or |
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governing body of school districts or open-enrollment charter |
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schools with approved local accountability plans. |
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(d) The requirement under Subsection (b)(3) applies only |
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after performance ratings are issued in August 2019 and only if |
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at least 10 school districts or open-enrollment charter schools |
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have obtained approval of locally developed accountability |
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plans. |
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(e) A school district or open-enrollment charter school |
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authorized under this section to assign campus performance |
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ratings shall evaluate the performance of each campus as provided |
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by this section and assign each campus a performance rating of A, |
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B, C, D, or F for overall performance and for each locally |
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developed domain or set of accountability measures. Not later |
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than a date established by the commissioner, the district or |
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school shall: |
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(1) report the performance ratings to the agency; |
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and |
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(2) make the performance ratings available to the |
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public as provided by commissioner rule. |
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Explanation: The addition is necessary to provide a |
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method to locally assess performance of campuses by school |
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districts and open-enrollment charter schools. |
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(6) Senate Rule 12.03(4), is suspended to permit the |
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committee to add text on a matter that is not included in either |
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the house or senate version of the bill in proposed SECTION 19 of |
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the bill by repealing Section 39.054(c), Education Code, as |
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effective September 1, 2017. |
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Explanation: The addition is necessary to repeal Section |
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39.054(c), Education Code, which is no longer necessary under the |
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modified performance evaluation system. |
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(7) Senate Rule 12.03(4), is suspended to permit the |
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committee to add text on a matter that is not included in either |
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the house or senate version of the bill in proposed SECTION 19 of |
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the bill by repealing Section 39.0545, Education Code. |
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Explanation: The addition is necessary to repeal Section |
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39.0545, Education Code, which is no longer necessary with the |
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addition of the local accountability system. |
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(8) Senate Rule 12.03(4), is suspended to permit the |
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committee to add text on a matter that is not included in either |
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the house or senate version of the bill in proposed SECTION 20 of |
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the bill to read as follows: |
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SECTION 1. If H.B. 1500, 85th Legislature, Regular |
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Session, 2017, becomes law, that law has no effect. |
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Explanation: The addition is necessary to avoid a |
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conflict in law. |