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A BILL TO BE ENTITLED
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AN ACT
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relating to shorthand reporting and depositions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 39.03, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 39.03. OFFICERS WHO MAY TAKE [THE] DEPOSITION. (a) On |
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[Upon the] filing of the [such an] affidavit and application under |
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Article 39.02, the court shall appoint, order, or designate one of |
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the following persons before whom the [such] deposition must |
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[shall] be taken: |
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(1) a [1. A] district judge;[.] |
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(2) a [2. A] county judge;[.] |
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(3) a [3. A] notary public;[.] |
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(4) a [4. A] district clerk;[.] |
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(5) a [5. A] county clerk; or |
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(6) a court reporter. |
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(b) The [Such] order shall specifically name the [such] |
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person before whom, [and] the time when, and the place where the |
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[such] deposition must [shall] be taken. Failure of a witness to |
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respond to the order is [thereto, shall be] punishable by contempt |
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by the court. The [Such] deposition must [shall] be oral or written, |
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as the court directs [shall direct]. |
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SECTION 2. Chapter 42, Code of Criminal Procedure, is |
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amended by adding Article 42.25 to read as follows: |
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Art. 42.25. FILING OF REPORTER NOTES. A court reporter may |
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comply with Rule 13.6, Texas Rules of Appellate Procedure, by |
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electronically filing with the trial court clerk not later than the |
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20th day after the expiration of the time the defendant is allotted |
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to perfect the appeal the untranscribed notes created by the court |
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reporter using computer-aided software. |
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SECTION 3. Section 52.001(a)(4), Government Code, is |
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amended to read as follows: |
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(4) "Shorthand reporter" and "court reporter" mean a |
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person who is certified as a court reporter, apprentice court |
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reporter, or provisional court reporter under Chapter 154 to engage |
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[engages] in shorthand reporting. |
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SECTION 4. Section 52.011, Government Code, is amended to |
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read as follows: |
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Sec. 52.011. PROVISION OF SIGNED DEPOSITION CERTIFICATE; |
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CERTIFICATE REQUIREMENTS [CERTIFICATION]. (a) A court reporting |
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firm representative or a court reporter who reported a deposition |
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for a case shall complete and sign a deposition certificate, known |
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as the further certification. |
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(b) On request of a court reporter who reported a deposition |
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for a case, a court reporting firm shall provide the reporter with a |
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copy of the deposition certificate [document related to the |
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deposition, known as the further certification,] that the reporter |
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has signed or to which the reporter's signature has been applied. |
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(c) The deposition certificate must include: |
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(1) a statement that the deposition transcript was |
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submitted to the deponent or the deponent's attorney for |
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examination and signature; |
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(2) the date the transcript was submitted to the |
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deponent or the deponent's attorney; |
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(3) the date the deponent returned the transcript, if |
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returned, or a statement that the deponent did not return the |
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transcript; |
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(4) a statement that any changes the deponent made to |
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the transcript are reflected in a separate document attached to the |
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transcript; |
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(5) a statement that the transcript was delivered in |
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accordance with Rule 203.3, Texas Rules of Civil Procedure; |
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(6) the amount charged for preparing the original |
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deposition transcript; |
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(7) a statement that a copy of the certificate was |
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served on all parties to the case; and |
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(8) the date the copy of the certificate was served on |
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the parties to the case. |
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SECTION 5. Sections 52.046(b) and (d), Government Code, are |
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amended to read as follows: |
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(b) An official court reporter [of a district court] may |
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conduct the deposition of witnesses, receive, execute, and return |
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commissions, and make a certificate of the proceedings in any |
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county [that is included in the judicial district of that court]. |
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(d) A judge of a county court or county court at law shall |
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appoint a [certified] shorthand reporter to report the oral |
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testimony given in any contested probate matter in that judge's |
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court. |
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SECTION 6. Section 154.001(a)(4), Government Code, is |
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amended to read as follows: |
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(4) "Shorthand reporter" and "court reporter" mean a |
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person who is certified as a court reporter, apprentice court |
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reporter, or provisional court reporter under this chapter to |
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engage [engages] in shorthand reporting. |
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SECTION 7. Section 154.101(e), Government Code, is amended |
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to read as follows: |
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(e) A person may not assume or use the title or designation |
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"court recorder," "court reporter," or "shorthand reporter," or any |
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abbreviation, title, designation, words, letters, sign, card, or |
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device tending to indicate that the person is a court reporter or |
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shorthand reporter, unless the person is certified as a shorthand |
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reporter or provisional court reporter by the supreme court. |
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Nothing in this subsection shall be construed to either sanction or |
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prohibit the use of electronic court recording equipment operated |
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by a person who engages in shorthand reporting but is not certified |
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as a [noncertified] court reporter pursuant and according to rules |
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adopted or approved by the supreme court. |
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SECTION 8. Section 154.105, Government Code, is amended by |
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amending Subsection (b) and adding Subsections (c), (d), and (e) to |
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read as follows: |
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(b) A [certified] shorthand reporter may administer oaths |
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to witnesses: |
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(1) anywhere in this state; |
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(2) in a jurisdiction outside this state if: |
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(A) the reporter is at the same location as the |
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witness; and |
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(B) the witness is or may be a witness in a case |
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filed in this state; and |
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(3) at any location authorized in a reciprocity |
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agreement between this state and another jurisdiction under Section |
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152.202(b). |
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(c) Notwithstanding Subsection (b), a shorthand reporter |
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may administer an oath as provided under this subsection to a person |
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who is or may be a witness in a case filed in this state without |
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being at the same location as the witness: |
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(1) if the reporter is physically located in this |
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state at the time the oath is administered; or |
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(2) as authorized in a reciprocity agreement between |
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this state and another jurisdiction under Section 152.202(b) if: |
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(A) the witness is at a location in the other |
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jurisdiction; and |
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(B) the reporter is at a location in the same |
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jurisdiction as the witness. |
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(d) The identity of a witness who is not in the physical |
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presence of a shorthand reporter may be proven by: |
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(1) a statement under oath on the record by a party to |
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the case stating that the party has actual knowledge of the |
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witness's identity; |
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(2) a statement on the record by an attorney for a |
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party to the case, or an attorney for the witness, verifying the |
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witness's identity; |
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(3) a statement on the record by a notary who is in the |
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presence of the witness verifying the witness's identity; or |
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(4) the witness's presentation for inspection by the |
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court reporter of an official document issued by this state, |
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another state, a federal agency, or another jurisdiction that |
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verifies the witness's identity. |
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(e) A shorthand reporter to which this section applies shall |
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state on the record and certify in each transcript of the deposition |
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the physical location of: |
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(1) the witness; and |
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(2) the reporter. |
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SECTION 9. Section 154.112, Government Code, is amended to |
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read as follows: |
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Sec. 154.112. EMPLOYMENT OF NONCERTIFIED PERSON FOR |
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SHORTHAND REPORTING [REPORTERS]. (a) A person who is not certified |
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as a court [noncertified shorthand] reporter may be employed to |
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engage in shorthand reporting until a certified shorthand reporter |
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is available. |
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(b) A person who is not certified as a court [noncertified |
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shorthand] reporter may engage in shorthand reporting to report an |
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oral deposition only if: |
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(1) the person [noncertified shorthand reporter] |
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delivers an affidavit to the parties or to their counsel present at |
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the deposition stating that a certified shorthand reporter is not |
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available; or |
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(2) the parties or their counsel stipulate on the |
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record at the beginning of the deposition that a certified |
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shorthand reporter is not available. |
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(c) This section does not apply to a deposition taken |
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outside this state for use in this state. |
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SECTION 10. (a) Except as provided by Subsection (b) of this |
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section, the changes in law made by this Act apply only to a |
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deposition taken on or after the effective date of this Act. A |
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deposition taken before that date is governed by the law in effect |
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on the date the deposition was taken, and the former law is |
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continued in effect for that purpose. |
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(b) Article 39.03, Code of Criminal Procedure, as amended by |
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this Act, applies only to a deposition taken in a criminal case in |
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which an information is filed or an indictment is returned on or |
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after the effective date of this Act. A deposition taken in a |
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criminal case in which an information is filed or an indictment is |
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returned before the effective date of this Act is governed by the |
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law in effect when the information is filed or the indictment is |
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returned, and the former law is continued in effect for that |
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purpose. |
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SECTION 11. This Act takes effect September 1, 2021. |