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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the manufacture, assembly, or ownership of |
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unmarked firearms; creating a criminal offense; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 411, Government Code, is amended by |
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adding Subchapter H-1 to read as follows: |
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SUBCHAPTER H-1. MARKING OF UNMARKED FIREARMS REQUIRED |
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Sec. 411.221. DEFINITION. In this subchapter, "firearm" |
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has the meaning assigned by Section 46.01, Penal Code. |
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Sec. 411.222. APPLICABILITY. (a) Except as provided by |
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Subsections (b) and (c), this subchapter applies only to a firearm |
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that has not been: |
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(1) assigned a unique serial number or other mark of |
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identification under federal law or the law of this state or another |
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state; and |
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(2) marked with that serial number or mark in a manner |
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that meets or exceeds the requirements imposed under federal law on |
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licensed importers and licensed manufacturers of firearms for |
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marking imported or manufactured firearms with a serial number. |
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(b) This subchapter does not apply to: |
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(1) a firearm, other than a handgun, manufactured or |
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assembled before December 16, 1968; |
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(2) a firearm that is a curio or relic, as those terms |
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are defined by 27 C.F.R. Section 478.11, or an antique firearm, as |
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that term is defined by 27 C.F.R. Section 479.11; or |
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(3) a firearm assigned a unique serial number or other |
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mark of identification for the purpose of entering a description of |
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the firearm into a criminal intelligence database. |
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(c) This subchapter does not apply to the importation or |
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manufacture of a firearm by a person licensed under federal law to |
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engage in the business of importing or manufacturing firearms, if |
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the firearms imported or manufactured by that person are marked |
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with a unique serial number in compliance with federal law. |
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Sec. 411.223. RULEMAKING AUTHORITY; ADMINISTRATION. (a) |
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The director shall adopt rules necessary to implement this |
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subchapter. |
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(b) The department shall: |
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(1) administer this subchapter and the rules adopted |
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by the director under Subsection (a); and |
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(2) take action necessary to ensure compliance with |
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this subchapter. |
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Sec. 411.224. FEE. To cover the cost of administering this |
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subchapter, the department may collect a reasonable fee from an |
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applicant for a unique serial number or other mark of |
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identification under this subchapter. |
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Sec. 411.225. MARKING REQUIREMENTS FOR MANUFACTURING OR |
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ASSEMBLING FIREARMS. A person who manufactures or assembles a |
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firearm to which this subchapter applies shall: |
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(1) before manufacturing or assembling the firearm, |
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apply to the department for a unique serial number or other mark of |
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identification; |
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(2) not later than the 10th day after the date of |
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manufacturing or assembling the firearm or the date of receiving a |
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serial number or mark provided by the department, whichever is |
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later: |
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(A) in a manner that meets or exceeds the |
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requirements described by Section 411.222(a)(2), permanently affix |
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to the firearm the serial number or mark provided by the department; |
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or |
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(B) if the firearm is composed primarily of parts |
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made out of plastic, permanently affix to a piece of steel the |
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serial number or mark provided by the department and embed that |
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marked piece of steel in the firearm in a manner that meets or |
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exceeds the requirements of the Undetectable Firearms Act of 1988 |
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(18 U.S.C. Section 922(p)) and the requirements described by |
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Section 411.222(a)(2); and |
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(3) after permanently affixing to the firearm the |
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serial number or mark provided by the department, as described by |
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Subdivision (2), notify the department in a manner prescribed by |
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the department: |
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(A) that the serial number or mark has been |
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affixed to the firearm; and |
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(B) of the name of the owner of the firearm. |
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Sec. 411.226. MARKING REQUIREMENTS FOR UNMARKED FIREARMS. |
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(a) Except as provided by Subsection (b), a person who owns a |
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firearm to which this subchapter applies shall, not later than the |
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30th day after the date the person acquires the firearm or enters |
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this state with the firearm: |
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(1) apply to the department for a unique serial number |
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or other mark of identification; |
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(2) not later than the 10th day after the date of |
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receiving a serial number or mark provided by the department: |
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(A) in a manner that meets or exceeds the |
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requirements described by Section 411.222(a)(2), permanently affix |
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to the firearm the serial number or mark provided by the department; |
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or |
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(B) if the firearm is composed primarily of parts |
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made out of plastic, permanently affix to a piece of steel the |
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serial number or mark provided by the department and embed that |
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marked piece of steel in the firearm in a manner that meets or |
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exceeds the requirements of the Undetectable Firearms Act of 1988 |
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(18 U.S.C. Section 922(p)) and the requirements described by |
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Section 411.222(a)(2); and |
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(3) after permanently affixing to the firearm the |
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serial number or mark provided by the department, as described by |
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Subdivision (2), notify the department in a manner prescribed by |
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the department: |
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(A) that the serial number or mark has been |
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affixed to the firearm; and |
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(B) of the name of the owner of the firearm. |
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(b) A person who owns a firearm to which this subchapter |
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applies, who has obtained for that firearm a unique serial number or |
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other mark of identification as described by Section 411.222(a)(1), |
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but who has not yet permanently affixed the number or mark to the |
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firearm, promptly shall permanently affix the applicable number or |
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mark to the firearm as provided by Subsection (a)(2)(A) or (B). |
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Sec. 411.227. SALE OR TRANSFER OF UNMARKED FIREARMS |
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PROHIBITED; EXCEPTION; DUTY TO DESTROY. (a) A person may not sell |
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or otherwise transfer ownership of a firearm to which this |
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subchapter applies unless the person sells or otherwise transfers |
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ownership of the firearm to a law enforcement agency. |
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(b) Notwithstanding Article 18.18, 18.19, or 18.191, Code |
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of Criminal Procedure, a law enforcement agency that purchases or |
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otherwise obtains ownership of a firearm to which this subchapter |
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applies shall destroy the firearm. |
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Sec. 411.228. SERIAL NUMBER ISSUANCE; APPLICATION. (a) The |
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department shall issue a unique serial number or other mark of |
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identification to an applicant who meets all the eligibility |
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requirements and submits all the application materials as described |
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by this subchapter. |
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(b) An applicant for a unique serial number or other mark of |
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identification must: |
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(1) on each occasion the applicant requests a serial |
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number or mark for a firearm to which this subchapter applies, |
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provide the department information sufficient to enable the |
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department to determine that the applicant is not prohibited by |
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state or federal law from possessing each firearm included in the |
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application; |
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(2) provide proof of identity and age showing that the |
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applicant is 18 years of age or older; |
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(3) provide a description of the firearm to which this |
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subchapter applies that the applicant owns or intends to |
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manufacture or assemble; |
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(4) provide any other information the department may |
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require; and |
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(5) pay any applicable fee prescribed by the |
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department. |
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(c) The department shall review and either approve or deny |
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an application not later than the 15th day after the date the |
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department receives the application. The department shall notify |
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the applicant in writing if the department denies the application |
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and include a detailed description of the reason for the denial. |
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Sec. 411.229. OFFENSE. (a) A person commits an offense if |
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the person: |
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(1) manufactures or assembles a firearm to which this |
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subchapter applies and fails to comply with Section 411.225; |
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(2) owns a firearm to which this subchapter applies |
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and fails to comply with Section 411.226; or |
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(3) in violation of Section 411.227, sells or |
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otherwise transfers ownership of a firearm to which this subchapter |
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applies. |
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(b) An offense under this section is a Class B misdemeanor, |
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except that the offense is a Class A misdemeanor if the firearm is a |
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handgun. |
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(c) For purposes of this section, each firearm |
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manufactured, assembled, or owned in violation of this subchapter |
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is a separate offense. |
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(d) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section, the other law, or both. |
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Sec. 411.230. PUBLIC INFORMATION. The department shall |
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make available on the department's Internet website: |
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(1) the number of unique serial numbers or other marks |
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of identification issued under this subchapter; and |
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(2) the number of arrests and convictions for an |
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offense under Section 411.229. |
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SECTION 2. As soon as practicable after September 1, 2019, |
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the Department of Public Safety of the State of Texas shall adopt |
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rules as required by Subchapter H-1, Government Code, as added by |
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this Act. |
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SECTION 3. (a) Except as provided by Subsections (b) and (c) |
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of this section, this Act takes effect September 1, 2019. |
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(b) Sections 411.225 and 411.229(a)(1), Government Code, as |
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added by this Act, take effect September 1, 2021. |
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(c) Sections 411.226 and 411.229(a)(2), Government Code, as |
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added by this Act, take effect September 1, 2022. |