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A BILL TO BE ENTITLED
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AN ACT
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relating to the adoption of the Uniform Electronic Legal Material |
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Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2051, Government Code, is amended by |
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adding Subchapter E to read as follows: |
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SUBCHAPTER E. UNIFORM ELECTRONIC LEGAL MATERIAL ACT |
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Sec. 2051.151. SHORT TITLE. This subchapter may be cited as |
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the Uniform Electronic Legal Material Act. |
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Sec. 2051.152. DEFINITIONS. In this subchapter: |
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(1) "Electronic" means relating to technology having |
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electrical, digital, magnetic, wireless, optical, electromagnetic, |
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or similar capabilities. |
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(2) "Legal material" means, whether or not in effect: |
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(A) the constitution of this state; |
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(B) the general or special laws passed in a |
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regular or special session of the Texas Legislature; and |
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(C) a state agency rule adopted in accordance |
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with Chapter 2001. |
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(3) "Official publisher" means: |
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(A) for legal material described by Subdivision |
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(2)(A), the Texas Legislative Council; and |
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(B) for legal material described by Subdivision |
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(2)(B) or (C), the secretary of state. |
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(4) "Publish" means displaying, presenting, or |
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releasing to the public, or causing to be displayed, presented, or |
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released to the public, legal material by the official publisher. |
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(5) "Record" means information that is inscribed on a |
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tangible medium or that is stored in an electronic or other medium |
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and is retrievable in perceivable form. |
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Sec. 2051.153. APPLICABILITY. (a) This subchapter applies |
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to all legal material in an electronic record that is: |
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(1) designated as official by the official publisher |
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under Section 2051.154; and |
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(2) first published electronically by the official |
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publisher on or after January 1, 2021. |
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(b) The official publisher is not required to publish legal |
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material on or before the date on which the legal material takes |
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effect. |
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Sec. 2051.154. LEGAL MATERIAL IN OFFICIAL ELECTRONIC |
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RECORD. (a) If the official publisher publishes legal material |
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only in an electronic record, the official publisher shall: |
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(1) designate the electronic record as official; and |
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(2) comply with Sections 2051.155, 2051.157, and |
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2051.158. |
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(b) If the official publisher publishes legal material in an |
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electronic record and also publishes the material in a record other |
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than an electronic record, the official publisher may designate the |
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electronic record as official if the official publisher complies |
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with Sections 2051.155, 2051.157, and 2051.158. |
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Sec. 2051.155. AUTHENTICATION OF OFFICIAL ELECTRONIC |
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RECORD. (a) If the official publisher designates an electronic |
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record as official in accordance with Section 2051.154, the |
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official publisher shall authenticate the record. |
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(b) The official publisher authenticates an electronic |
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record by providing a method with which a person viewing the |
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electronic record is able to determine that the electronic record |
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is unaltered from the official record published by the official |
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publisher. |
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Sec. 2051.156. EFFECT OF AUTHENTICATION. (a) Legal |
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material in an electronic record that is authenticated as provided |
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by Section 2051.155 is presumed to be an accurate copy of the legal |
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material. |
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(b) If another state has adopted a law that is substantially |
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similar to this subchapter, legal material in an electronic record |
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that is authenticated in that state is presumed to be an accurate |
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copy of the legal material. |
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(c) A party contesting the authenticity of legal material in |
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an electronic record authenticated as provided by Section 2051.155 |
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has the burden of proving by a preponderance of the evidence that |
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the record is not authentic. |
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Sec. 2051.157. PRESERVATION AND SECURITY OF LEGAL MATERIAL |
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IN OFFICIAL ELECTRONIC RECORD. (a) The official publisher of legal |
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material in an electronic record designated as official in |
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accordance with Section 2051.154 shall provide for the preservation |
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and security of the record in an electronic form or in a form that is |
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not electronic. |
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(b) If legal material is preserved under Subsection (a) in |
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an electronic record, the official publisher shall: |
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(1) ensure the integrity of the record; |
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(2) provide for backup and disaster recovery of the |
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record; and |
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(3) ensure the continuing usability of the legal |
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material in the record. |
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Sec. 2051.158. PUBLIC ACCESS. The official publisher of |
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legal material in an electronic record that is required to be |
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preserved under Section 2051.157 shall ensure that the material is |
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reasonably available for use by the public on a permanent basis. |
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Sec. 2051.159. STANDARDS. In implementing this subchapter, |
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the official publisher of legal material in an electronic record |
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shall consider: |
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(1) the standards and practices of other |
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jurisdictions; |
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(2) the most recent standards regarding |
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authentication, preservation, and security of and public access to |
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legal material in an electronic record and other electronic |
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records, as adopted by national standard-setting bodies; |
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(3) the needs of users of legal material in electronic |
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records; |
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(4) the views of governmental officials and entities |
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and other interested persons; and |
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(5) to the extent practicable, the methods and |
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technologies for the authentication, preservation, and security of |
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and public access to legal material that are compatible with the |
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methods and technologies used by official publishers in other |
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states that have adopted a law that is substantially similar to this |
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subchapter. |
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Sec. 2051.160. UNIFORMITY OF APPLICATION AND CONSTRUCTION. |
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In applying and construing this subchapter, consideration must be |
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given to the need to promote uniformity of the law with respect to |
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the subject matter of this subchapter among states that enact a law |
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similar to this subchapter. |
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Sec. 2051.161. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL |
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AND NATIONAL COMMERCE ACT. This subchapter modifies, limits, and |
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supersedes the federal Electronic Signatures in Global and National |
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Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify, |
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limit, or supersede Section 101(c) of that Act (15 U.S.C. Section |
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7001(c)) or authorize electronic delivery of any of the notices |
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described in Section 103(b) of that Act (15 U.S.C. Section |
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7003(b)). |
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SECTION 2. (a) An official publisher in the executive |
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branch of state government shall comply with the applicable |
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provisions of Subchapter E, Chapter 2051, Government Code, as added |
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by this Act, in accordance with an implementation plan developed |
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under Subsection (b) of this section. |
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(b) The Texas State Library and Archives Commission and an |
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official publisher in the executive branch of state government are |
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jointly responsible for developing an implementation plan for the |
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applicable provisions of Subchapter E, Chapter 2051, Government |
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Code, as added by this Act. The implementation plan must: |
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(1) for each applicable type of legal material defined |
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by Subchapter E, Chapter 2051, Government Code, as added by this |
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Act, advise as to the method by which the legal material may be |
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authenticated, preserved, and made available on a permanent basis; |
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and |
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(2) establish a timeline for the official publisher to |
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comply with Sections 2051.154, 2051.155, 2051.157, and 2051.158, |
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Government Code, as added by this Act. |
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(c) The implementation plan developed under Subsection (b) |
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of this section may provide for compliance by an official publisher |
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in the executive branch of state government with Sections 2051.154, |
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2051.155, 2051.157, and 2051.158, Government Code, as added by this |
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Act, to be phased in over a period of time. |
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(d) The Texas State Library and Archives Commission shall |
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provide the implementation plan developed under Subsection (b) of |
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this section to the legislature not later than September 1, 2020. |
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SECTION 3. (a) An official publisher in the legislative |
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branch of state government shall comply with the applicable |
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provisions of Subchapter E, Chapter 2051, Government Code, as added |
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by this Act, in accordance with an implementation plan developed |
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under Subsection (b) of this section. |
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(b) An official publisher in the legislative branch of state |
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government, in consultation with the lieutenant governor, the |
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speaker of the house of representatives, the Senate Committee on |
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Administration, and the House Committee on Administration, shall |
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develop an implementation plan for the applicable provisions of |
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Subchapter E, Chapter 2051, Government Code, as added by this Act. |
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The implementation plan must: |
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(1) for each applicable type of legal material defined |
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by Subchapter E, Chapter 2051, Government Code, as added by this |
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Act, recommend the method by which the legal material may be |
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authenticated, preserved, and made available on a permanent basis; |
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and |
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(2) establish a timeline for the official publisher to |
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comply with Sections 2051.154, 2051.155, 2051.157, and 2051.158, |
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Government Code, as added by this Act. |
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(c) The implementation plan developed under Subsection (b) |
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of this section may provide for compliance by an official publisher |
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in the legislative branch of state government with Sections |
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2051.154, 2051.155, 2051.157, and 2051.158, Government Code, as |
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added by this Act, to be phased in over a period of time. |
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(d) An official publisher in the legislative branch of state |
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government shall provide the implementation plan developed under |
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Subsection (b) of this section to the lieutenant governor and |
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speaker of the house of representatives not later than September 1, |
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2020. |
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SECTION 4. This Act takes effect September 1, 2019. |