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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirements for an application for or a request for |
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the revision of a charter for an open-enrollment charter school. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.1012, Education Code, is amended by |
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adding Subdivision (1-a) to read as follows: |
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(1-a) "Expansion amendment" means an amendment to the |
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charter of an open-enrollment charter school that permits the |
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school to increase its maximum allowable enrollment, extend the |
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grade levels it serves, change its geographic boundaries, or add a |
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campus or site. |
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SECTION 2. Section 12.110(d), Education Code, is amended to |
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read as follows: |
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(d) The commissioner shall approve or deny an application |
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based on: |
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(1) documented evidence collected through the |
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application review process; |
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(2) merit; [and] |
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(3) the impact report prepared by the commissioner |
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under Section 12.1103; and |
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(4) other criteria as adopted by the commissioner, |
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which must include: |
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(A) criteria relating to the capability of the |
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applicant to carry out the responsibilities provided by the charter |
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and the likelihood that the applicant will operate a school of high |
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quality; and |
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(B) criteria relating to improving student |
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performance and encouraging innovative programs[; and
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[(C)
a statement from any school district whose
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enrollment is likely to be affected by the open-enrollment charter
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school, including information relating to any financial difficulty
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that a loss in enrollment may have on the district]. |
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SECTION 3. Section 12.1101, Education Code, is amended to |
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read as follows: |
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Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION OR |
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REQUEST FOR EXPANSION [ESTABLISHMENT OF CAMPUS]. (a) The |
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commissioner by rule shall adopt a procedure for providing notice |
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to the following persons on receipt by the commissioner of an |
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application for a charter for an open-enrollment charter school |
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under Section 12.110 or a request for approval of an expansion |
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amendment to a charter under Section 12.114 [of notice of the
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establishment of a campus as authorized under Section 12.101(b-4)]: |
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(1) the board of trustees and superintendent of each |
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school district that: |
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(A) is located in or serves the geographic area |
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described in the charter application or request for an expansion |
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amendment; or |
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(B) is within 10 miles of the area described by |
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Paragraph (A) [from which the proposed open-enrollment charter
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school or campus is likely to draw students, as determined by the
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commissioner]; [and] |
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(2) each member of the legislature who [that] |
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represents the geographic area that includes a school district |
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described by Subdivision (1); and |
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(3) each member of the State Board of Education [to be
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served by the proposed school or campus, as determined by the
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commissioner]. |
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(b) A notice provided under Subsection (a) must: |
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(1) be provided at least 18 months before the date the |
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school or campus is proposed to open or expand; and |
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(2) describe the location or proposed location of the |
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school or campus with sufficient specificity to allow each school |
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district described by Subsection (a)(1) to adequately anticipate |
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the potential impact on enrollment at each district campus as a |
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result of the establishment of the new school or campus or expansion |
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of the existing school or campus. |
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(c) For purposes of Subsection (b)(2), a notice is |
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considered to describe a location or proposed location with |
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sufficient specificity if the notice specifies a physical address |
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or zip code and school district in which the new or expanded school |
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or campus will likely be located. |
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(d) The agency shall post to its Internet website: |
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(1) if applicable, each notice as provided to the |
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agency under Section 12.1102 of a public hearing not later than the |
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10th business day before the date of the hearing; and |
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(2) the notice required by Subsection (a), and copies |
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of any requested expansion amendment, not later than the fifth |
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business day after the date the submission is received by the |
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commissioner. |
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SECTION 4. Subchapter D, Chapter 12, Education Code, is |
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amended by adding Sections 12.1102 and 12.1103 to read as follows: |
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Sec. 12.1102. REQUIREMENT TO REQUEST PUBLIC HEARING IN |
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CERTAIN CIRCUMSTANCES. (a) The commissioner by rule shall require |
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as part of the process to apply for a charter or to request approval |
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for an expansion amendment that the charter applicant or charter |
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holder include evidence showing that the charter applicant or |
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charter holder requested that each board of trustees of each school |
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district described by Section 12.1101(a)(1) hold a public hearing |
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with an opportunity for public comment regarding the establishment |
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of the new school or campus or expansion of an existing school or |
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campus. |
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(b) Each school district board of trustees that schedules a |
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hearing under Subsection (a) shall: |
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(1) post notice on the district's Internet website; |
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and |
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(2) provide a copy of the notice to the agency not |
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later than the 15th day before the date of the hearing. |
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Sec. 12.1103. IMPACT REPORT OF NEW OPEN-ENROLLMENT CHARTER |
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SCHOOL OR CAMPUS. (a) Before the commissioner may approve an |
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application for a charter for an open-enrollment charter school |
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under Section 12.110 or a request for an expansion amendment to a |
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charter under Section 12.114, the applicant or charter holder must |
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provide notice as required by Section 12.1101. |
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(b) A school district whose enrollment may be affected by a |
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new open-enrollment charter school or expansion of an existing |
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charter may submit a written statement to the commissioner stating |
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the impact the new school or expansion of the charter will have on |
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the school district. The commissioner must allow a school district |
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to submit a statement as provided by this section not later than the |
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60th day after the date the school received notice of the new school |
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or charter expansion. |
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(c) The commissioner must issue an impact report on the |
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application for the new charter or the expansion of an existing |
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charter that includes: |
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(1) a summary of and response to any concern raised by |
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a school district; |
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(2) if applicable, an evaluation of the proximity of |
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the proposed location of the new open-enrollment charter school or |
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campus to existing school district campuses and the ability of |
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local communities to support a new open-enrollment charter school |
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or campus; |
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(3) information regarding any financial burden that a |
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loss in student enrollment may cause a school district or district |
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campus; and |
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(4) a fiscal statement estimating costs for a |
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five-year period beginning the first day a new open-enrollment |
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charter school or campus begins classes, including costs relating |
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to: |
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(A) state revenue; and |
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(B) local school district revenue, including the |
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impact on Foundation School Program funding and equalized wealth |
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levels. |
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(d) Not later than the 15th business day before the date the |
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commissioner approves an application for a charter for an |
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open-enrollment charter school under Section 12.110 or a request |
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for an expansion amendment to a charter under Section 12.114, the |
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commissioner shall: |
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(1) make the impact report under Subsection (c) |
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available to the public in a prominent display on the agency's |
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Internet website; and |
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(2) provide a copy of the impact report to: |
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(A) the applicant or charter holder; and |
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(B) the parties required to receive notice under |
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Section 12.1101. |
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(e) Not later than December 31 of each year, the Legislative |
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Budget Board shall submit a report to the governor and the |
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legislature documenting the financial impact of open-enrollment |
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charter schools on: |
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(1) the state budget; |
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(2) school districts, including the effect on school |
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districts required to take action under Chapter 41 to reduce |
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equalized wealth levels; and |
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(3) public education. |
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SECTION 5. Section 12.114, Education Code, is amended by |
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adding Subsection (a-1) and amending Subsection (c) to read as |
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follows: |
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(a-1) The commissioner shall notify the State Board of |
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Education of each request for revision the commissioner proposes to |
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grant under this subchapter. Unless, before the 90th day after the |
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date on which the board receives the notice from the commissioner, a |
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majority of the members of the board present and voting vote against |
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the revision of the charter, the commissioner's proposal to grant |
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the revision to the charter takes effect. The board may not |
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deliberate or vote on any revision to a charter that is not proposed |
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by the commissioner. |
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(c) Not later than 14 months [the 60th day] after the date |
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that a charter holder submits to the commissioner a completed |
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request for approval for an expansion amendment, [as defined by
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commissioner rule, including a new school amendment,] the |
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commissioner shall provide to the charter holder written notice of |
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approval or disapproval of the amendment. |
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SECTION 6. Section 12.101(b-4), Education Code, is |
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repealed. |
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SECTION 7. The changes in law made by this Act apply only to |
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an application for a charter for an open-enrollment charter school |
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or a request for approval of a revision to the charter of an |
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open-enrollment charter school submitted on or after the effective |
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date of this Act. |
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SECTION 8. This Act takes effect September 1, 2019. |