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A BILL TO BE ENTITLED
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AN ACT
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relating to data collection by and consultation with the |
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Collaborative Task Force on Public School Mental Health Services |
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regarding the task force's duties and requiring the Texas Education |
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Agency to report on mental health services provided to public |
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school students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 38.307, Education Code, is amended by |
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amending Subsections (d) and (e) and adding Subsection (f) to read |
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as follows: |
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(d) On request of the task force, the agency, a school |
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district, or an open-enrollment charter school shall provide |
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information or other assistance to the task force in accordance |
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with Section 38.3071. |
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(e) The agency, on behalf of the task force, shall collect |
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data and maintain the data [collected by the task force] and the |
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work product of the task force in accordance with: |
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(1) the agency's information security plan under |
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Section 2054.133, Government Code; and |
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(2) the agency's records retention schedule under |
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Section 441.185, Government Code. |
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(f) The agency, in coordination with the task force, shall |
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establish and maintain an electronic database of mental health |
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services and trainings provided by school districts and |
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open-enrollment charter schools to assist the task force and the |
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institutions of higher education designated under Subsection (b) in |
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evaluating mental health services. The database: |
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(1) may not include personally identifying |
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information of an individual receiving a mental health service, |
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including the individual's name or birthday; and |
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(2) may be accessed only by the agency, members of the |
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task force, and the designated institutions of higher education for |
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a purpose described by this subchapter. |
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SECTION 2. Subchapter F, Chapter 38, Education Code, as |
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added by Chapter 1278 (H.B. 906), Acts of the 86th Legislature, |
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Regular Session, 2019, is amended by adding Section 38.3071 to read |
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as follows: |
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Sec. 38.3071. REQUEST FOR AND DISCLOSURE OF INFORMATION. |
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(a) To assist the task force in performing duties under this |
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subchapter, the task force, or the agency on behalf of the task |
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force, may request data from or consult with the following |
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entities: |
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(1) school districts; |
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(2) open-enrollment charter schools; |
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(3) regional education service centers; |
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(4) local mental health authorities; and |
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(5) other entities that possess information relevant |
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to the task force's duties under Section 38.308. |
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(b) In requesting data or consulting with entities under |
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Subsection (a), the task force and agency: |
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(1) may not disclose a student's medical or |
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educational information; and |
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(2) must ensure any request or consultation complies |
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with privacy and confidentiality of student information as required |
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by Section 38.309. |
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(c) Not later than the 30th business day after the date on |
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which an entity receives a request for data from the task force or |
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agency under Subsection (a), the entity shall provide the requested |
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data to the task force or agency. An entity that provides data under |
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this subsection: |
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(1) may not include personally identifying |
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information of an individual receiving a mental health service, |
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including the individual's name or birthday; and |
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(2) may provide the data without seeking the prior |
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authorization of an individual included in the data or of the |
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individual's parent or guardian, if the individual is a minor. |
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(d) A person that discloses data to the task force or agency |
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in accordance with this section is immune from civil or criminal |
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liability for, and may not be subject to an administrative penalty |
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in connection with, that disclosure. |
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SECTION 3. Section 38.308, Education Code, is amended to |
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read as follows: |
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Sec. 38.308. DUTIES OF TASK FORCE. (a) The task force |
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shall: |
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(1) gather data on: |
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(A) the number of students enrolled in each |
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school district and open-enrollment charter school; |
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(B) the number of individuals to whom each school |
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district or open-enrollment charter school provides the mental |
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health services described by Section 38.302(1); |
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(C) the number of individuals for whom each |
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school district or open-enrollment charter school has the resources |
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to provide the mental health services described by Section |
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38.302(1); |
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(D) the number of individuals described by |
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Paragraph (B) who are referred to an inpatient or outpatient mental |
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health provider; |
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(E) the number of individuals who are transported |
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from each school district or open-enrollment charter school for an |
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emergency detention under Chapter 573, Health and Safety Code; |
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[and] |
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(F) the race, ethnicity, gender, special |
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education status, educationally disadvantaged status, and |
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geographic location of: |
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(i) individuals who are provided the mental |
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health services described by Section 38.302(1); |
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(ii) individuals who are described by |
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Paragraph (D); [and] |
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(iii) individuals who are described by |
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Paragraph (E); |
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(iv) individuals who are described by |
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Paragraph (H); and |
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(v) individuals who are described by |
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Paragraph (I); |
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(G) mental health services and trainings |
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provided annually by: |
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(i) school districts, at both the campus |
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and district level; and |
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(ii) open-enrollment charter schools; |
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(H) the number of individuals who were placed in |
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a disciplinary alternative education program or out-of-school |
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suspension or expelled; |
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(I) the number of threat assessments conducted |
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under Section 37.115; and |
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(J) other relevant topics as determined by the |
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task force; and |
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(2) study, evaluate, and make recommendations |
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regarding the mental health services described by Section |
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38.302(1), the training described by Section 38.302(2), and the |
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impact of those mental health services, as described by Section |
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38.302(3), including addressing: |
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(A) the outcomes and the effectiveness of the |
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services and training provided, including the outcomes and |
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effectiveness of the service and training providers and the |
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programs under which services and training are provided, in: |
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(i) improving student academic achievement |
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and attendance; |
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(ii) reducing student disciplinary |
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proceedings, suspensions, placements in a disciplinary alternative |
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education program, and expulsions; and |
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(iii) delivering prevention and |
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intervention services to promote early mental health skills, |
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including: |
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(a) building skills relating to |
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managing emotions, establishing and maintaining positive |
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relationships, and making responsible decisions; |
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(b) preventing substance abuse; |
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(c) preventing suicides; |
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(d) adhering to the purpose of the |
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relevant program services or training; |
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(e) promoting trauma-informed |
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practices; |
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(f) promoting a positive school |
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climate, as defined by Section 38.351(d), [161.325(a-3), Health and |
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Safety Code,] in the district or school; and |
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(g) improving physical and emotional |
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safety and well-being in the district or school and reducing |
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violence in the district or school; |
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(B) best practices for districts and schools in |
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implementing the services or training; |
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(C) disparities in the race, ethnicity, gender, |
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special education status, and geographic location of individuals |
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receiving the services; and |
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(D) best practices to replicate the services or |
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training for all districts and schools. |
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(b) The task force may consult with relevant experts and |
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stakeholders, including: |
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(1) classroom teachers; |
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(2) school counselors; |
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(3) school resource officers; |
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(4) school administrators; |
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(5) school nurses; |
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(6) licensed specialists in school psychology; |
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(7) licensed professional counselors; |
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(8) licensed clinical social workers; and |
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(9) non-physician mental health professionals. |
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(c) In consulting with relevant experts and stakeholders |
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under Subsection (b), the task force may not disclose a student's |
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medical or educational information. |
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(d) The task force may enter into agreements with |
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institutions of higher education or other relevant entities as |
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needed to execute the duties of the task force. |
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SECTION 4. Subchapter G, Chapter 38, Education Code, is |
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amended by adding Section 38.354 to read as follows: |
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Sec. 38.354. REPORT ON MENTAL HEALTH SERVICES FOR STUDENTS. |
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Not later than December 1 of each even-numbered year, the agency |
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shall publish and submit to the legislature a report on mental |
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health services provided to public school students. The report |
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shall include: |
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(1) the type of services provided to students; and |
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(2) the number of students who received each type of |
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service disaggregated by school district, campus, grade, and race. |
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SECTION 5. To the extent of any conflict, this Act prevails |
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over another Act of the 87th Legislature, Regular Session, 2021, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 6. This Act takes effect September 1, 2021. |