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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Texas Mental and Behavioral Health |
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Research Institute. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle E, Title 2, Health and Safety Code, is |
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amended by adding Chapter 104A to read as follows: |
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CHAPTER 104A. TEXAS MENTAL AND BEHAVIORAL HEALTH RESEARCH INSTITUTE |
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Sec. 104A.001. DEFINITION. In this chapter, "institute" |
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means the Texas Mental and Behavioral Health Research Institute. |
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Sec. 104A.002. ESTABLISHMENT; PURPOSE. The institute is |
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established to create best practices, leadership, and vision for |
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addressing child and adolescent behavioral health needs and to |
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provide funding for researching behavioral health issues. |
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Sec. 104A.003. COMPOSITION OF INSTITUTE. (a) The |
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institute is composed of the following members: |
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(1) three representatives of nonprofit organizations |
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in this state that focus on mental health care, one appointed by the |
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governor, one appointed by the lieutenant governor, and one |
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appointed by the speaker of the house of representatives; |
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(2) a representative of the commission with expertise |
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in the delivery of mental health care services, appointed by the |
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executive commissioner; |
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(3) a representative of the commission with expertise |
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in mental health facilities, appointed by the executive |
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commissioner; |
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(4) a representative of the Texas Higher Education |
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Coordinating Board, appointed by the commissioner of the |
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coordinating board; and |
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(5) the chair of the academic department of psychiatry |
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from each of the following health-related institutions of higher |
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education or a licensed psychiatrist, including a child-adolescent |
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psychiatrist, designated to serve by the chair in the chair's |
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place: |
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(A) The University of Texas Health Science Center |
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at Houston; |
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(B) The University of Texas Health Science Center |
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at San Antonio; |
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(C) The University of Texas Southwestern Medical |
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Center; |
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(D) The University of Texas Medical Branch at |
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Galveston; |
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(E) The University of Texas M. D. Anderson Cancer |
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Center; |
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(F) The University of Texas Health Science Center |
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at Tyler; |
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(G) The Texas A&M University Health Science |
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Center; |
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(H) the University of North Texas Health Science |
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Center at Fort Worth; |
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(I) the Texas Tech University Health Sciences |
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Center; |
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(J) the Texas Tech University Health Sciences |
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Center at El Paso; |
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(K) the Dell Medical School and schools of |
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nursing and pharmacy at The University of Texas at Austin; |
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(L) The University of Texas Rio Grande Valley |
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School of Medicine and schools of nursing and pharmacy; and |
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(M) Baylor College of Medicine. |
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(b) Service on the institute by a public officer or employee |
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is an additional duty of the office or employment. |
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(c) The institute shall elect a presiding member from among |
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its membership. |
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(d) The members of the institute shall designate a member to |
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represent the institute on the statewide behavioral health |
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coordinating council. |
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(e) A vacancy in the membership of the institute shall be |
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filled in same manner as the original appointment. |
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(f) The institute shall establish a schedule of regular |
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meetings. |
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Sec. 104A.004. ADMINISTRATIVE ATTACHMENT. The institute is |
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administratively attached to the Texas Higher Education |
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Coordinating Board. The coordinating board may use up to three |
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percent of the institute's funds, as approved by the executive |
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committee established under Section 104A.007, for the purpose of |
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providing administrative support to the institute. |
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Sec. 104A.005. POWERS AND DUTIES. (a) The institute shall |
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coordinate with the statewide behavioral health coordinating |
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council and work with relevant state agencies, consortiums, |
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councils, cooperatives, collaborations, boards, centers, and other |
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state entities to enhance mental health care and impact substance |
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use disorder in this state through the health-related institutions |
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of higher education listed in Section 104A.003(a)(5) by providing |
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funding for: |
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(1) research efforts conducted by a health-related |
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institution of higher education; |
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(2) the dissemination of best practice guidelines by a |
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health-related institution of higher education; |
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(3) the recruitment of researchers and clinicians to a |
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health-related institution of higher education; |
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(4) the training of students, residents, and fellows |
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in connection to a research effort conducted under this chapter by a |
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health-related institution of higher education; and |
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(5) clinical trials, studies, or other patient |
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programs of a health-related institution of higher education that |
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are approved by an institutional review board. |
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(b) The institute shall adopt rules as necessary to |
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accomplish the purposes of Subsection (a). |
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Sec. 104A.006. MENTAL HEALTH, BEHAVIORAL HEALTH, AND |
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SUBSTANCE USE DISORDER RESEARCH PROGRAM. (a) The institute shall |
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establish a mental health, behavioral health, and substance use |
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disorder research program to provide funding to the health-related |
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institutions of higher education listed in Section 104A.003(a)(5) |
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to: |
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(1) implement a statewide research framework focused |
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on preventing, identifying, and treating mental health conditions, |
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including: |
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(A) depression; |
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(B) first episode psychosis; |
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(C) substance use disorder; |
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(D) bipolar disorder and schizophrenia; and |
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(E) population health; |
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(2) support research efforts regarding mental and |
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behavioral health issues, including research related to: |
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(A) physical, structural, chemical, electrical, |
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or genetic causes of behavioral health issues; |
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(B) external factors that may result in |
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behavioral health issues; |
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(C) physical or other health issues that may |
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affect behavioral health; |
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(D) public health trends and strategies related |
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to behavioral health; |
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(E) new treatments, therapies, pharmaceuticals, |
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medical interventions, or other solutions for addressing |
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behavioral health issues; |
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(F) child-adolescent psychiatry; and |
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(G) co-occurring mental and behavioral health |
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issues in children with an intellectual or developmental |
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disability; |
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(3) in connection to the research efforts conducted |
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under Subdivision (2), administer training to develop a workforce |
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that specializes in psychiatric research and clinical care; |
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(4) research, develop, test, and disseminate best |
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practices for prescribing opioid drugs; |
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(5) teach the best practices for prescribing opioid |
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drugs described by Subdivision (4) at the health-related |
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institutions of higher education and at any continuing or community |
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education courses provided by the institution; |
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(6) conduct substance use disorder research related to |
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identifying: |
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(A) addiction recovery methods that use new |
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substance use disorder treatment strategies, therapies, drugs, or |
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telemedicine medical services; |
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(B) barriers to the accessibility of |
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evidence-based medical treatments for substance use disorder; |
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(C) strategies and new treatment methods to |
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reduce the effects of opioid drugs and other controlled substances |
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on maternal mortality and morbidity rates in this state; |
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(D) prevention techniques, policies, and |
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outreach methods to reduce the use of opioid drugs and other |
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controlled substances; |
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(E) better pain management strategies for |
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persons recovering from a substance use disorder; |
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(F) ways to obtain better data related to |
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substance use disorder and ways to achieve the interoperability of |
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various sources of that data; |
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(G) the most recent pharmacogenetic strategies; |
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(H) the genetic determinants of addiction; and |
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(I) whether risk factors for addiction can be |
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determined or mitigated; |
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(7) in connection to the research conducted under |
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Subdivision (6), administer training to develop a workforce that |
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specializes in psychiatric research and clinical care; |
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(8) research and test new substance use disorder |
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treatment approaches; |
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(9) collaborate with the commission, the Texas State |
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Board of Pharmacy, and any other appropriate organization, agency, |
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or professional board to complete comparative studies of |
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prescribing practices for opioid drugs in this state; |
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(10) recruit mental health, behavioral health, and |
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substance use disorder researchers, other than researchers from a |
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public, private, or independent institution of higher education in |
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this state; and |
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(11) research or address any other mental health, |
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behavioral health, substance use disorder, or addiction issue |
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identified by the institute. |
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(b) A health-related institution of higher education listed |
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in Section 104A.003(a)(5) may apply for funding under this section |
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alone or in partnership with a state agency or other institution of |
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higher education. The institute may prioritize awarding funding |
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under this section to an institution of higher education that |
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applies in partnership with a state agency or other institution. If |
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an institution of higher education is awarded funding under this |
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section, the institution may partner with any necessary entity or |
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person to carry out the purpose for which the funding was awarded. |
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(c) The institute shall establish a process for the |
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selection of research projects to fund under this section. The |
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process must provide for the evaluation of research projects based |
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on their alignment with the statewide behavioral health strategic |
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plan or whether they address key issues identified by the |
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institute. |
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(d) Notwithstanding any other law, this section does not |
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create a civil, criminal, or administrative cause of action or |
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liability or create a standard of care, obligation, or duty that |
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provides the basis for a cause of action. |
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Sec. 104A.007. EXECUTIVE COMMITTEE. (a) The Texas Mental |
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and Behavioral Health Research Institute Executive Committee is |
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created to make final decisions on all research proposals |
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recommended by the institute for funding. The executive committee |
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shall adopt reasonable rules and procedures to ensure that final |
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decisions are made in an unbiased and objective manner. |
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(b) The executive committee is composed of 11 members with |
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appropriate expertise in mental and behavioral health issues, |
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appointed as follows: |
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(1) three members appointed by the governor; |
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(2) three members appointed by the lieutenant |
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governor; |
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(3) three members appointed by the speaker of the |
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house of representatives; |
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(4) one member appointed by the membership of the |
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institute, who may be the presiding officer of the institute; and |
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(5) one member who represents the statewide behavioral |
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health coordinating council, appointed by the governor. |
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(c) A vacancy on the executive committee shall be filled in |
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the same manner as the original appointment. |
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(d) The executive committee shall elect a presiding officer |
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from among the membership of the executive committee. |
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Sec. 104A.008. FUNDING. In addition to any money |
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appropriated to the institute, the institute may solicit and accept |
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gifts, grants, and donations from any source for the purpose of |
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carrying out this chapter. |
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Sec. 104A.009. WEBSITE. The Texas Higher Education |
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Coordinating Board shall assist the institute in creating an |
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Internet website for the institute. |
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Sec. 104A.010. COLLABORATION WITH HISTORICALLY BLACK |
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COLLEGE OR UNIVERSITY. A health-related institution of higher |
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education listed in Section 104A.003(a)(5) may contract with a |
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historically black college or university in this state to |
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collaborate with the institution in carrying out any part of this |
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chapter. |
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Sec. 104A.011. REPORT. Not later than December 1 of each |
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even-numbered year, the institute shall prepare and submit to the |
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governor and the Legislative Budget Board and post on the |
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institute's Internet website a biennial report on the institute's |
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activities and legislative recommendations based on those |
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activities. |
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Sec. 104A.012. APPROPRIATION CONTINGENCY. The institute is |
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required to implement a provision of this chapter only if the |
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legislature appropriates money specifically for that purpose. If |
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the legislature does not appropriate money specifically for that |
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purpose, the institute may, but is not required to, implement the |
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provision using other money available to the institute for that |
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purpose. |
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SECTION 2. Sections 481.076(a), (d), and (j), Health and |
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Safety Code, are amended to read as follows: |
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(a) The board may not permit any person to have access to |
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information submitted to the board under Section 481.074(q) or |
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481.075 except: |
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(1) the board, the Texas Medical Board, the Texas |
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Department of Licensing and Regulation, with respect to the |
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regulation of podiatrists [State Board of Podiatric Medical
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Examiners], the State Board of Dental Examiners, the State Board of |
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Veterinary Medical Examiners, the Texas Board of Nursing, or the |
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Texas Optometry Board for the purpose of: |
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(A) investigating a specific license holder; or |
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(B) monitoring for potentially harmful |
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prescribing or dispensing patterns or practices under Section |
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481.0762; |
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(2) an authorized officer or member of the department |
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or authorized employee of the board engaged in the administration, |
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investigation, or enforcement of this chapter or another law |
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governing illicit drugs in this state or another state; |
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(3) the department on behalf of a law enforcement or |
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prosecutorial official engaged in the administration, |
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investigation, or enforcement of this chapter or another law |
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governing illicit drugs in this state or another state; |
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(4) a medical examiner conducting an investigation; |
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(5) provided that accessing the information is |
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authorized under the Health Insurance Portability and |
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Accountability Act of 1996 (Pub. L. No. 104-191) and regulations |
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adopted under that Act: |
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(A) a pharmacist or a pharmacy technician, as |
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defined by Section 551.003, Occupations Code, acting at the |
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direction of a pharmacist; or |
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(B) a practitioner who: |
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(i) is a physician, dentist, veterinarian, |
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podiatrist, optometrist, or advanced practice nurse or is a |
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physician assistant described by Section 481.002(39)(D) or an |
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employee or other agent of a practitioner acting at the direction of |
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a practitioner; and |
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(ii) is inquiring about a recent Schedule |
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II, III, IV, or V prescription history of a particular patient of |
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the practitioner; |
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(6) a pharmacist or practitioner who is inquiring |
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about the person's own dispensing or prescribing activity; [or] |
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(7) one or more states or an association of states with |
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which the board has an interoperability agreement, as provided by |
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Subsection (j); or |
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(8) a health-related institution of higher education |
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listed in Section 104A.003(a)(5) that is certified by the Centers |
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for Medicare and Medicaid Services as a qualified entity under the |
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qualified entity certification program. |
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(d) Information submitted to the board under this section |
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may be used only for: |
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(1) the administration, investigation, or enforcement |
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of this chapter or another law governing illicit drugs in this state |
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or another state; |
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(2) investigatory, evidentiary, or monitoring |
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purposes in connection with the functions of an agency listed in |
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Subsection (a)(1); |
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(3) the prescribing and dispensing of controlled |
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substances by a person listed in Subsection (a)(5); [or] |
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(4) dissemination by the board to the public in the |
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form of a statistical tabulation or report if all information |
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reasonably likely to reveal the identity of each patient, |
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practitioner, or other person who is a subject of the information |
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has been removed; or |
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(5) any other purpose outlined by an interoperability |
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agreement related to institutional compliance monitoring or |
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medical or public health research. |
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(j) The board may enter into an interoperability agreement |
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with one or more states or an association of states authorizing the |
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board to access prescription monitoring information maintained or |
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collected by the other state or states or the association, |
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including information maintained on a central database such as the |
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National Association of Boards of Pharmacy Prescription Monitoring |
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Program InterConnect. Pursuant to an interoperability agreement, |
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the board may authorize the prescription monitoring program of one |
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or more states or an association of states or an institution of |
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higher education described by Subsection (a)(8) to access |
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information submitted to the board under Sections 481.074(q) and |
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481.075, including by submitting or sharing information through a |
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central database such as the National Association of Boards of |
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Pharmacy Prescription Monitoring Program InterConnect. |
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SECTION 3. Not later than December 1, 2019, the appropriate |
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appointing authority shall appoint members to the Texas Mental and |
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Behavioral Health Research Institute in accordance with Section |
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104A.003, Health and Safety Code, as added by this Act. |
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SECTION 4. If the constitutional amendment proposed by the |
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86th Legislature, Regular Session, 2019, providing for the issuance |
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of general obligation bonds by the Texas Public Finance Authority |
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to fund research, treatment, and access to services in this state |
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for behavioral health, mental health, and substance use and |
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addiction issues is approved by the voters, the Texas Mental and |
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Behavioral Health Research Institute established by Chapter 104A, |
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Health and Safety Code, as added by this Act, is eligible to receive |
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funding through the proceeds of bonds issued under the authority of |
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Section 68, Article III, Texas Constitution, for any activities |
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conducted by the institute that serve the purposes of that |
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constitutional provision. |
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SECTION 5. To the extent of any conflict, this Act prevails |
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over another Act of the 86th Legislature, Regular Session, 2019, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 6. If S.B. 10, Acts of the 86th Legislature, Regular |
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Session, 2019, creating the Texas Mental Health Care Consortium, or |
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similar legislation creating a comparable entity, becomes law, the |
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Texas Mental and Behavioral Health Research Institute established |
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by Chapter 104A, Health and Safety Code, as added by this Act, |
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shall, to the greatest extent possible, coordinate with the Texas |
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Mental Health Care Consortium or comparable entity in conducting |
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meetings and carrying out the purposes of each entity. |
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SECTION 7. 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, 2019. |