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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and regulation of real estate inspectors; |
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reducing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 1102.001(1), (5), and (7), Occupations |
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Code, are amended to read as follows: |
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(1) "Apprentice inspector" means a person who is in |
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training under the direct supervision of a professional inspector |
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[or a real estate inspector] to become qualified to perform real |
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estate inspections. |
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(5) "Qualifying ["Core] real estate inspection |
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course" means an educational course approved by the commission that |
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relates to real estate inspection, including a course on structural |
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items, electrical items, mechanical systems, plumbing systems, |
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roofing, business, law, standards of practice, report writing, |
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appliances, or ethics. |
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(7) "License" means an apprentice inspector license[, |
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real estate inspector license,] or professional inspector license. |
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SECTION 2. Section 1102.101, Occupations Code, is amended |
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to read as follows: |
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Sec. 1102.101. APPRENTICE INSPECTOR LICENSE REQUIRED. A |
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person may not act or attempt to act as an apprentice inspector in |
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this state for a buyer or seller of real property unless the person: |
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(1) holds an apprentice inspector license under this |
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chapter; and |
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(2) is under the direct supervision of a [real estate |
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inspector or] professional inspector. |
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SECTION 3. Section 1102.104, Occupations Code, is amended |
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to read as follows: |
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Sec. 1102.104. SUPERVISION. For the purposes of this |
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chapter, a person performing a real estate inspection or preparing |
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a report of a real estate inspection is under: |
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(1) direct supervision if the person is instructed and |
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controlled by a professional inspector [or real estate inspector] |
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who is: |
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(A) responsible for the actions of the person; |
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(B) available if needed to consult with or assist |
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the person; and |
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(C) physically present at the time and place of |
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the inspection; and |
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(2) indirect supervision if the person is instructed |
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and controlled by a professional inspector who is: |
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(A) responsible for the actions of the person; |
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and |
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(B) available if needed to consult with or assist |
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the person. |
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SECTION 4. Section 1102.109, Occupations Code, is amended |
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to read as follows: |
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Sec. 1102.109. ELIGIBILITY FOR PROFESSIONAL INSPECTOR |
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LICENSE. To be eligible for a professional inspector license, an |
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applicant must: |
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(1) at the time of application have: |
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(A) held an apprentice [a real estate] inspector |
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license for at least 12 months; and |
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(B) performed at least 175 real estate |
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inspections under indirect supervision; |
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(2) submit evidence satisfactory to the commission of |
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successful completion of at least 120 [40] classroom hours of |
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qualifying [core] real estate inspection courses[, in addition to |
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the hours required by Section 1102.108]; |
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(3) demonstrate competence based on the examination |
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under Subchapter D; and |
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(4) satisfy the commission as to the applicant's |
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honesty, trustworthiness, integrity, and competence. |
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SECTION 5. Section 1102.111, Occupations Code, is amended |
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to read as follows: |
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Sec. 1102.111. SUBSTITUTE REQUIREMENTS. (a) The |
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commission by rule shall provide for substitution of relevant |
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experience and additional education in place of: |
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(1) the number of real estate inspections required for |
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licensing; and |
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(2) the requirement that an applicant be[: |
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[(A)] licensed as an apprentice inspector |
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[before being licensed as a real estate inspector; or |
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[(B) licensed as a real estate inspector before |
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being licensed as a professional inspector]. |
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(b) Rules adopted under Subsection (a) may not require an |
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applicant to: |
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(1) complete more than 320 additional hours of |
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qualifying [core] real estate inspection courses; |
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(2) complete more than 40 hours of field work, if the |
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applicant completes correspondence or other course provided by |
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alternative means; or |
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(3) have more than seven years of relevant experience. |
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SECTION 6. Section 1102.113, Occupations Code, is amended |
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to read as follows: |
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Sec. 1102.113. ELIGIBILITY AS SPONSOR. A professional |
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inspector may sponsor an apprentice inspector [or a real estate |
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inspector] only if the professional inspector provides sufficient |
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proof to the commission that the professional inspector has |
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completed at least 200 real estate inspections as a professional |
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inspector. |
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SECTION 7. Section 1102.151(a), Occupations Code, is |
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amended to read as follows: |
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(a) A license examination must evaluate competence in the |
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subject matter of each required qualifying [core] real estate |
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inspection course. |
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SECTION 8. Section 1102.205(b), Occupations Code, is |
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amended to read as follows: |
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(b) As a prerequisite for renewal of a [real estate |
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inspector license,] professional inspector license[,] or |
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apprentice inspector license, the inspector must participate in the |
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continuing education program and submit evidence satisfactory to |
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the commission of successful completion of at least 16 classroom |
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hours of qualifying [core] real estate inspection courses or |
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continuing education courses for each year of the license period |
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preceding the renewal. |
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SECTION 9. Section 1102.251, Occupations Code, is amended |
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to read as follows: |
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Sec. 1102.251. FEES. The commission shall charge and |
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collect reasonable and necessary fees to cover the cost of |
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administering this chapter for: |
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(1) filing an original application for an apprentice |
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inspector license; |
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(2) [filing an original application for a real estate |
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inspector license; |
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[(3)] filing an original application for a |
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professional inspector license; |
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(3) [(4)] renewal of an apprentice inspector license; |
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(4) [(5) renewal of a real estate inspector license; |
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[(6)] renewal of a professional inspector license; |
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(5) [(7)] a license examination; |
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(6) [(8)] a request to change a place of business or to |
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replace a lost or destroyed license; and |
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(7) [(9)] filing a request for issuance of a license |
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because of a change of name, return to active status, or change in |
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sponsoring professional inspector. |
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SECTION 10. Section 1102.352(a), Occupations Code, is |
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amended to read as follows: |
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(a) In addition to any other fees required by this chapter, |
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a person who submits an original application for a license under |
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this chapter [passes a license examination] must pay a fee not to |
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exceed $10 [$200]. The commission shall deposit the fee to the |
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credit of the fund before issuing the license. |
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SECTION 11. Subchapter I, Chapter 1102, Occupations Code, |
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is amended by adding Section 1102.409 to read as follows: |
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Sec. 1102.409. REAPPLICATION AFTER LICENSE REVOCATION, |
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DENIAL, OR SURRENDER. A person who has had the person's license |
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issued under this chapter revoked or application for a license |
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under this chapter denied after a hearing conducted under Section |
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1101.657 or who has surrendered the person's license issued under |
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this chapter to the commission may not reapply to the commission for |
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a license under this chapter before the second anniversary of the |
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date of the revocation, denial, or surrender. |
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SECTION 12. The following provisions of the Occupations |
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Code are repealed: |
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(1) Section 1102.001(10); |
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(2) Section 1102.102; |
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(3) Section 1102.108; and |
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(4) Section 1102.110(a). |
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SECTION 13. Section 1102.109, Occupations Code, as amended |
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by this Act, applies only to an application for a professional |
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inspector license submitted on or after September 1, 2021. An |
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application submitted before September 1, 2021, is governed by the |
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law in effect on the date the application was submitted, and the |
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former law is continued in effect for that purpose. |
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SECTION 14. Section 1102.409, Occupations Code, as added by |
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this Act, applies only to a person who has the person's license |
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revoked or application for a license denied or who surrenders the |
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person's license on or after September 1, 2021. A revocation, |
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denial, or surrender that occurs before September 1, 2021, is |
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governed by the law in effect on the date of the revocation, denial, |
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or surrender, and the former law is continued in effect for that |
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purpose. |
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SECTION 15. (a) Notwithstanding the repeal by this Act of |
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Section 1102.102, Occupations Code, a real estate inspector license |
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for which an application was submitted before September 1, 2021, |
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and that was issued under that former section before September 1, |
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2022, continues to be valid until the license expires and may be |
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renewed in accordance with the renewal requirements for that |
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license under Section 1102.203, Occupations Code, as those |
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requirements existed immediately before September 1, 2021, and the |
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former law is continued in effect for that purpose. |
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(b) The changes in law made by this Act do not affect the |
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validity of a disciplinary action or other proceeding that was |
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initiated against a real estate inspector license holder before |
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September 1, 2021, and that is pending before a court or other |
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governmental entity on that date. |
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SECTION 16. This Act takes effect September 1, 2021. |