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A BILL TO BE ENTITLED
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AN ACT
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relating to public school safety and security measures, policies, |
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and procedures. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.159, Education Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) The State Board of Education shall require a trustee to |
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complete training provided by the Texas School Safety Center on |
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school safety and security every three years. A new trustee must |
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complete the training required by this section not later than the |
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first anniversary of the trustee's election or appointment. A |
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returning trustee must complete the training not later than the |
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third anniversary of completion of the trustee's previous training. |
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SECTION 2. Section 12.104(b), Education Code, as amended by |
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Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. 1153), Acts |
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of the 85th Legislature, Regular Session, 2017, is reenacted and |
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amended to read as follows: |
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(b) An open-enrollment charter school is subject to: |
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(1) a provision of this title establishing a criminal |
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offense; and |
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(2) a prohibition, restriction, or requirement, as |
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applicable, imposed by this title or a rule adopted under this |
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title, relating to: |
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(A) the Public Education Information Management |
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System (PEIMS) to the extent necessary to monitor compliance with |
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this subchapter as determined by the commissioner; |
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(B) criminal history records under Subchapter C, |
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Chapter 22; |
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(C) reading instruments and accelerated reading |
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instruction programs under Section 28.006; |
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(D) accelerated instruction under Section |
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28.0211; |
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(E) high school graduation requirements under |
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Section 28.025; |
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(F) special education programs under Subchapter |
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A, Chapter 29; |
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(G) bilingual education under Subchapter B, |
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Chapter 29; |
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(H) prekindergarten programs under Subchapter E |
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or E-1, Chapter 29; |
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(I) extracurricular activities under Section |
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33.081; |
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(J) discipline management practices or behavior |
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management techniques under Section 37.0021; |
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(K) health and safety under Chapter 38; |
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(L) public school accountability under |
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Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A; |
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(M) the requirement under Section 21.006 to |
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report an educator's misconduct; |
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(N) intensive programs of instruction under |
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Section 28.0213; |
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(O) the right of a school employee to report a |
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crime, as provided by Section 37.148; [and] |
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(P) bullying prevention policies and procedures |
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under Section 37.0832; |
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(Q) the right of a school under Section 37.0052 |
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to place a student who has engaged in certain bullying behavior in a |
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disciplinary alternative education program or to expel the student; |
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[and] |
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(R) the right under Section 37.0151 to report to |
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local law enforcement certain conduct constituting assault or |
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harassment; |
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(S) [(P)] a parent's right to information |
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regarding the provision of assistance for learning difficulties to |
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the parent's child as provided by Sections 26.004(b)(11) and |
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26.0081(c) and (d); and |
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(T) school safety requirements under Sections |
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37.108, 37.109, 37.1091, and 37.207. |
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SECTION 3. Section 12.123, Education Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) The commissioner shall require a member of the governing |
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body of an open-enrollment charter school to complete training |
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provided by the Texas School Safety Center on school safety and |
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security every three years. A new member must complete the training |
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required by this section not later than the first anniversary of the |
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date the member begins to serve on the governing body. A member |
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must complete subsequent training not later than the third |
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anniversary of completion of the member's previous training. |
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SECTION 4. Section 37.108, Education Code, is amended by |
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amending Subsections (a), (b), (c), and (c-1) and adding Subsection |
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(a-1) to read as follows: |
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(a) Each school district or public junior college district |
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shall adopt and implement a multihazard emergency operations plan |
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for use in the district's facilities. The plan must address |
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mitigation, preparedness, response, and recovery as defined by the |
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commissioner of education or commissioner of higher education in |
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conjunction with the governor's office of homeland security. The |
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plan must provide for: |
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(1) district employee training in responding to an |
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emergency; |
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(2) the establishment of a threat assessment team as |
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required by Section 37.1091; |
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(3) if the plan applies to a school district, |
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mandatory school drills and exercises specified by the Texas School |
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Safety Center to prepare district students and employees for |
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responding to an emergency; |
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(4) an annual review of the plan in accordance with |
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guidelines established by the Texas School Safety Center [(3)
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measures to ensure coordination with the Department of State Health
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Services and local emergency management agencies, law enforcement,
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health departments, and fire departments in the event of an
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emergency]; and |
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(5) [(4)] the implementation of a safety and security |
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audit as required by Subsection (b). |
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(a-1) In developing a multihazard emergency operations plan |
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under Subsection (a), a school district or public junior college |
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district shall consult with the Department of State Health Services |
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and local emergency management agencies, law enforcement, health |
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departments, and fire departments. The plan must include a list of |
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persons with which the district consulted in preparing the plan, |
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including each person's name, title, and affiliated entity. |
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(b) At least once every three years, each school district or |
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public junior college district shall conduct a safety and security |
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audit of the district's facilities. A [To the extent possible, a] |
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district shall follow safety and security audit procedures |
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developed by the Texas School Safety Center [or a comparable public
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or private entity]. |
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(c) A school district or public junior college district |
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shall report the results of the safety and security audit conducted |
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under Subsection (b) to the district's board of trustees not later |
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than the 60th day after the conclusion of each audit cycle under |
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Subsection (b) and, in the manner required by the Texas School |
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Safety Center, to the Texas School Safety Center. |
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(c-1) Any [Except as provided by Subsection (c-2), any] |
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document or information collected, developed, or produced during a |
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safety and security audit conducted under Subsection (b) is not |
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subject to disclosure under Chapter 552, Government Code. |
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SECTION 5. The heading to Section 37.109, Education Code, |
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is amended to read as follows: |
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Sec. 37.109. SCHOOL SAFETY AND SECURITY COMMITTEE; |
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EMERGENCY MANAGEMENT COORDINATOR. |
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SECTION 6. Section 37.109, Education Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) Each school district shall appoint an employee of the |
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district to serve as the district's emergency management |
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coordinator. The emergency management coordinator shall: |
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(1) serve as the presiding officer of the committee; |
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(2) ensure the committee performs the committee's |
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obligations under Subsection (b); and |
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(3) supervise the development and implementation of |
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the district multihazard emergency operations plan required by |
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Section 37.108(a), including: |
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(A) the coordination of employee training in |
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responding to an emergency; and |
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(B) the execution and documentation of mandatory |
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school drills and exercises. |
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SECTION 7. Subchapter D, Chapter 37, Education Code, is |
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amended by adding Section 37.1091 to read as follows: |
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Sec. 37.1091. THREAT ASSESSMENT TEAM. (a) Each school |
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district shall adopt policies and procedures in accordance with the |
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guidelines developed by the Texas School Safety Center, and in |
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coordination with the agency, for the establishment of threat |
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assessment teams. The policies and procedures must establish at |
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least one threat assessment team and: |
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(1) the membership and composition of each threat |
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assessment team; |
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(2) the training requirements for a member of a threat |
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assessment team, including training provided by the Texas School |
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Safety Center in threat assessment protocols; |
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(3) guidance for students, faculty, and staff in |
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identifying and reporting of any threatening or aberrant behavior |
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that may pose a threat to the community, school, or individual; and |
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(4) the process for threat assessment, management, |
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investigation, and response. |
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(b) A threat assessment team identifying a student at risk |
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of suicide shall act in accordance with the district's suicide |
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prevention program. |
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(c) Each threat assessment team established under |
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Subsection (a) shall annually report to the Texas School Safety |
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Center the policies and procedures adopted by the team. |
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SECTION 8. Section 37.108(c-2), Education Code, is |
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repealed. |
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SECTION 9. A person serving on the board of trustees of a |
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school district or the governing body of an open-enrollment charter |
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school on the effective date of this Act must complete the training |
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required by Section 11.159(e) or 12.123(c), Education Code, as |
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added by this Act, not later than September 1, 2020. |
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SECTION 10. 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 11. This Act takes effect September 1, 2019. |