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A BILL TO BE ENTITLED
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AN ACT
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relating to the reporting by local governmental entities of |
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expenditures for lobbying; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 571.061(a), Government Code, is amended |
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to read as follows: |
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(a) The commission shall administer and enforce: |
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(1) Chapters 302, 303, 305, 572, and 2004; |
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(1-a) Chapter 139, Local Government Code; |
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(2) Subchapter C, Chapter 159, Local Government Code, |
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in connection with a county judicial officer, as defined by Section |
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159.051, Local Government Code, who elects to file a financial |
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statement with the commission; |
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(3) Title 15, Election Code; and |
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(4) Sections 2152.064 and 2155.003. |
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SECTION 2. Section 571.073, Government Code, is amended to |
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read as follows: |
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Sec. 571.073. REPORT. On or before December 31 of each |
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even-numbered year, the commission shall report to the governor and |
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legislature. The report must include: |
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(1) each advisory opinion issued by the commission |
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under Subchapter D in the preceding two years; |
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(2) a summary of commission activities in the |
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preceding two years, including: |
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(A) the number of sworn complaints filed with the |
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commission; |
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(B) the number of sworn complaints dismissed for |
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noncompliance with statutory form requirements; |
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(C) the number of sworn complaints dismissed for |
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lack of jurisdiction; |
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(D) the number of sworn complaints dismissed |
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after a finding of no credible evidence of a violation; |
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(E) the number of sworn complaints dismissed |
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after a finding of a lack of sufficient evidence to determine |
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whether a violation within the jurisdiction of the commission has |
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occurred; |
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(F) the number of sworn complaints resolved by |
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the commission through an agreed order; |
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(G) the number of sworn complaints in which the |
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commission issued an order finding a violation and the resulting |
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penalties, if any; and |
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(H) the number and amount of civil penalties |
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imposed for failure to timely file a statement or report, the number |
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and amount of those civil penalties fully paid, the number and |
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amount of those civil penalties partially paid, and the number and |
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amount of those civil penalties no part of which has been paid, for |
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each of the following category of statements and reports, listed |
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separately: |
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(i) financial statements required to be |
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filed under Chapter 572; |
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(ii) political contribution and |
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expenditure reports required to be filed under Section 254.063, |
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254.093, 254.123, 254.153, or 254.157, Election Code; |
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(iii) political contribution and |
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expenditure reports required to be filed under Section 254.064(b), |
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254.124(b), or 254.154(b), Election Code; |
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(iv) political contribution and |
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expenditure reports required to be filed under Section 254.064(c), |
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254.124(c), or 254.154(c), Election Code; |
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(v) political contribution and expenditure |
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reports required to be filed under Section 254.038 or 254.039, |
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Election Code; [and] |
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(vi) political contribution and |
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expenditure reports required to be filed under Section 254.0391, |
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Election Code; and |
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(vii) statements of expenditures for |
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lobbying by a local governmental entity required to be filed under |
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Chapter 139, Local Government Code; and |
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(3) recommendations for any necessary statutory |
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changes. |
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SECTION 3. Section 571.091(a), Government Code, is amended |
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to read as follows: |
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(a) The commission shall prepare a written opinion |
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answering the request of a person subject to any of the following |
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laws for an opinion about the application of any of these laws to |
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the person in regard to a specified existing or hypothetical |
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factual situation: |
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(1) Chapter 302; |
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(2) Chapter 303; |
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(3) Chapter 305; |
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(4) Chapter 2004; |
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(5) Chapter 572; |
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(5-a) Chapter 139, Local Government Code; |
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(6) Subchapter C, Chapter 159, Local Government Code, |
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as provided by Section 571.061(a)(2); |
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(7) Title 15, Election Code; |
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(8) Chapter 36, Penal Code; |
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(9) Chapter 39, Penal Code; |
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(10) Section 2152.064; or |
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(11) Section 2155.003. |
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SECTION 4. Subtitle C, Title 4, Local Government Code, is |
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amended by adding Chapter 139 to read as follows: |
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CHAPTER 139. REPORTING OF EXPENDITURES FOR LOBBYING BY LOCAL |
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GOVERNMENTAL ENTITIES |
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Sec. 139.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Texas Ethics Commission. |
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(2) "Lobbying" means communicating directly with a |
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member of the legislative or executive branch for the purpose of |
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influencing legislative action on behalf of a person by whom an |
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individual is compensated or reimbursed. |
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(3) "Local governmental entity" means a county, |
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municipality, school district, or hospital district. The term does |
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not include a junior college district. |
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Sec. 139.002. STATEMENT OF EXPENDITURES FOR LOBBYING. (a) |
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In accordance with Subsection (b), the governing body of a local |
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governmental entity shall file with the commission a statement that |
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clearly and concisely shows the local governmental entity's total |
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expenditures for lobbying activities during the period covered by |
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the statement, including: |
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(1) the full name, business name, and business address |
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of each person required to register under Chapter 305, Government |
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Code, with whom the local governmental entity has contracted to |
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perform lobbying activities; and |
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(2) the total contract amount paid to each person |
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required to register under Chapter 305, Government Code, for |
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lobbying activities on behalf of the local governmental entity. |
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(b) A local governmental entity shall file two statements |
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each odd-numbered year as follows: |
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(1) the first statement shall be filed not later than |
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January 15 of each odd-numbered year and cover the period beginning |
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July 1 of the preceding odd-numbered year and ending December 31 of |
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the preceding even-numbered year; and |
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(2) the second statement shall be filed not later than |
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July 31 of each odd-numbered year and cover the period beginning |
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January 1 and ending June 30 of the year in which the statement is |
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filed. |
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(c) A local governmental entity shall post each statement |
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filed under this section on an easily accessible page on the |
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entity's Internet website. |
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Sec. 139.003. TIMELINESS OF FILING. (a) The deadline for |
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filing a statement of expenditures for lobbying required by Section |
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139.002 is 5 p.m. of the last day designated in the applicable |
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provision for filing the statement. |
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(b) If the last day for filing the statement of expenditures |
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for lobbying is a Saturday, Sunday, or holiday included under |
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Subchapter B, Chapter 662, the statement is timely if filed on the |
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next day that is not a Saturday, Sunday, or listed holiday. |
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(c) A statement of expenditures for lobbying is timely filed |
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if it is properly addressed and placed in the United States Postal |
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Service or in the hands of a common or contract carrier not later |
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than the last day for filing the statement. The post office |
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cancellation mark or the receipt mark of a common or contract |
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carrier is prima facie evidence of the date the statement was |
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deposited with the postal service or carrier. The local |
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governmental entity filing the statement may show by competent |
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evidence that the actual date of posting was different from that |
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shown by the marks. |
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Sec. 139.004. CIVIL PENALTY. (a) The commission shall |
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determine from any available evidence whether a statement of |
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expenditures for lobbying required to be filed under Section |
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139.002 is late. On making a determination that the statement is |
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late, the commission shall immediately mail a notice of the |
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determination to the governing body of the local governmental |
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entity responsible for filing the statement and to the appropriate |
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attorney for the state. |
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(b) If a statement is determined to be late, the local |
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governmental entity is liable to the state for a civil penalty of |
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$500. If a statement is more than 30 days late, the commission |
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shall issue a warning of liability by registered mail to the |
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governing body of the local governmental entity responsible for the |
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filing. If the penalty is not paid before the 10th day after the |
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date on which the warning is received, the local governmental |
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entity is liable for a civil penalty in an amount determined by |
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commission rule, but not to exceed $10,000. |
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Sec. 139.005. RULES. The commission shall adopt rules |
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necessary to implement this chapter, including rules prescribing |
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the form of a statement of expenditures for lobbying required by |
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Section 139.002. |
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SECTION 5. (a) Not later than December 1, 2019, the Texas |
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Ethics Commission shall adopt rules required by Section 139.005, |
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Local Government Code, as added by this Act. |
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(b) Notwithstanding Section 139.002, Local Government Code, |
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as added by this Act, the initial statement of expenditures for |
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lobbying activities required to be filed by that section on January |
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15, 2021, must cover the period beginning January 1, 2020, and |
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ending December 31, 2020. |
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SECTION 6. 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. |