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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of metal recycling; increasing a |
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criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1956.001, Occupations Code, is amended |
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by adding Subdivision (2-a) to read as follows: |
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(2-a) "Catalytic converter" includes any material removed |
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from a catalytic converter. |
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SECTION 2. Subchapter A-3, Chapter 1956, Occupations Code, |
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is amended by adding Section 1956.0321 to read as follows: |
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Sec. 1956.0321. ADDITIONAL REQUIREMENTS REGARDING PURCHASE |
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OF CATALYTIC CONVERTER. (a) In addition to the requirements of |
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Section 1956.032, a person attempting to sell a catalytic converter |
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to a metal recycling entity shall provide to the metal recycling |
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entity: |
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(1) the year, make, model, and vehicle identification |
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number for the vehicle from which the catalytic converter was |
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removed; and |
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(2) a copy of the certificate of title or other |
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documentation indicating that the person has an ownership interest |
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in the vehicle described by Subdivision (1). |
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(b) A metal recycling entity may not purchase a catalytic |
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converter from a seller who does not comply with the requirements of |
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Subsection (a). |
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(c) A metal recycling entity may not purchase a catalytic |
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converter unless the entity determines that the catalytic converter |
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is consistent with the manufacturer's specifications for a |
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catalytic converter from the vehicle for which the seller provided |
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information under Subsection (a)(1). |
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(d) A metal recycling entity shall mark, in the manner |
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prescribed by the commission by rule, each catalytic converter |
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purchased by the entity with a unique number. |
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(e) A metal recycling entity shall keep an accurate |
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electronic record or an accurate and legible written record of each |
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purchase of a catalytic converter made in the course of the entity's |
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business. The record must be in English and include: |
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(1) the information required by Section 1956.033; |
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(2) the vehicle information provided under Subsection |
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(a)(1); |
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(3) a copy of the documentation described by |
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Subsection (a)(2); and |
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(4) the unique number marked on the catalytic |
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converter under Subsection (d). |
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SECTION 3. Section 1956.033(b), Occupations Code, is |
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amended to read as follows: |
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(b) The record must be in English and include: |
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(1) the place, date, and amount of the purchase; |
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(2) the name and address of the seller in possession of |
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the regulated material purchased; |
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(3) the identifying number of the seller's personal |
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identification document; |
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(4) a description made in accordance with the custom |
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of the trade of the commodity type and quantity of regulated |
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material purchased; |
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(5) the information required by Sections |
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1956.032(a)(2) and (3); |
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(6) as applicable: |
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(A) the identifying number of the seller's air |
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conditioning and refrigeration contractor license displayed under |
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Section 1956.032(a)(4)(A); |
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(B) a copy of the seller's air conditioning and |
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refrigeration technician registration displayed under Section |
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1956.032(a)(4)(B); |
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(C) a copy of the documentation described by |
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Section 1956.032(a)(4)(C); or |
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(D) a copy of the documentation described by |
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Section 1956.032(a)(4)(D); |
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(7) if applicable, a copy of the documentation |
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described by Section 1956.032(a)(5); |
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(8) a copy of the documentation described by Section |
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1956.032(g); [and] |
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(9) a copy of the documentation described by Section |
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1956.0381(b); and |
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(10) if the regulated material purchased is a |
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catalytic converter, a clear and legible thumbprint of the seller |
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unless the seller presents to the metal recycling entity a valid |
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cash transaction card issued under Section 1956.0382. |
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SECTION 4. Section 1956.034, Occupations Code, is amended |
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to read as follows: |
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Sec. 1956.034. PRESERVATION OF RECORDS. A metal recycling |
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entity shall preserve each record required by Sections 1956.032, |
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1956.0321, and 1956.033 until the second anniversary of the date |
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the record was made. The records must be kept in an easily |
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retrievable format and must be available for inspection as provided |
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by Section 1956.035 not later than 72 hours after the time of |
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purchase. |
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SECTION 5. Section 1956.035(a), Occupations Code, is |
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amended to read as follows: |
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(a) On request, a metal recycling entity shall permit a |
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peace officer of this state, a representative of the department, or |
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a representative of a county, municipality, or other political |
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subdivision that issues a license or permit under Section |
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1956.003(b) to inspect, during the entity's usual business hours: |
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(1) a record required by Section 1956.0321 or |
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1956.033; |
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(2) a digital photograph or video recording required |
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by Section 1956.0331; |
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(3) regulated material in the entity's possession; or |
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(4) an application for a cash transaction card |
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submitted to the entity. |
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SECTION 6. Section 1956.036(a), Occupations Code, is |
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amended to read as follows: |
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(a) Except as provided by Subsections (b) and (d), not later |
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than the close of business on a metal recycling entity's second |
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working day after the date of the purchase or other acquisition of |
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material for which a record is required under Section 1956.0321 or |
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1956.033, the entity shall send an electronic transaction report to |
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the department via the department's Internet website. Except as |
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provided by Subsection (d-1), the report must contain the |
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information required to be recorded under Sections 1956.0321 and |
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[Section] 1956.033. |
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SECTION 7. Section 1956.037(a), Occupations Code, is |
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amended to read as follows: |
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(a) A metal recycling entity may not dispose of, process, |
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sell, or remove from the premises an item of regulated metal unless: |
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(1) the entity acquired the item more than: |
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(A) eight days, excluding weekends and holidays, |
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before the disposal, processing, sale, or removal, if the item is a |
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cemetery vase, receptacle, or memorial made from a regulated |
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material other than aluminum material; |
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(B) five days, excluding weekends and holidays, |
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before the disposal, processing, sale, or removal, if the item is a |
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catalytic converter; or |
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(C) [(B)] 72 hours, excluding weekends and |
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holidays, before the disposal, processing, sale, or removal, if the |
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item is not an item described by Paragraph (A) or (B); or |
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(2) the entity purchased the item from a |
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manufacturing, industrial, commercial, retail, or other seller |
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that sells regulated material in the ordinary course of its |
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business. |
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SECTION 8. Section 1956.040, Occupations Code, is amended |
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by amending Subsections (a) and (b-1) and adding Subsection (b-2) |
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to read as follows: |
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(a) A person commits an offense if the person knowingly |
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violates Section 1956.038. Except as otherwise provided by this |
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subsection, an [An] offense under this subsection is a Class A |
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misdemeanor unless it is shown on trial of the offense that the |
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person has previously been convicted of a violation of this |
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subchapter, in which event the offense is a state jail felony. An |
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offense under this subsection involving a catalytic converter is a |
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state jail felony unless it is shown on trial of the offense that |
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the person has previously been convicted of a violation of this |
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subchapter involving a catalytic converter, in which event the |
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offense is a felony of the third degree. |
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(b-1) Except as otherwise provided by Subsection (b-2), an |
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[An] offense under Subsection (b) is a Class A misdemeanor unless it |
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is shown on trial of the offense that the person has previously been |
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convicted under Subsection (b), in which event the offense is a |
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state jail felony. |
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(b-2) An offense under Subsection (b)(1) in which the |
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regulated material purchased was a catalytic converter is a state |
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jail felony unless it is shown on trial of the offense that the |
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person has previously been convicted of an offense under Subsection |
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(b)(1) in which the regulated material purchased was a catalytic |
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converter, in which event the offense is a felony of the third |
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degree. |
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SECTION 9. Subchapter A, Chapter 2305, Occupations Code, is |
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amended by adding Section 2305.0051 to read as follows: |
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Sec. 2305.0051. RECORDS RELATED TO CATALYTIC CONVERTERS. |
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(a) The owner of a garage or repair shop that sells to a metal |
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recycling entity registered under Chapter 1956 a catalytic |
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converter that the person removed in connection with a motor |
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vehicle repair shall maintain a record of all repairs for the |
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vehicle that includes: |
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(1) the name and address of the vehicle's owner; and |
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(2) copies of all related invoices. |
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(b) Notwithstanding Section 2305.006(a), a record required |
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by this section shall be kept until at least the second anniversary |
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of the date of the repair. |
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SECTION 10. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 11. This Act takes effect September 1, 2021. |
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