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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Texas Court of Appeals to hear |
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certain cases; authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. TEXAS COURT OF APPEALS |
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SECTION 1.01. Section 22.201(a), Government Code, is |
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amended to read as follows: |
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(a) The state is divided into 14 courts of appeals districts |
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with a court of appeals of general jurisdiction in each district. |
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The state has one statewide court of appeals district for the Texas |
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Court of Appeals. |
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SECTION 1.02. Subchapter C, Chapter 22, Government Code, is |
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amended by adding Section 22.2155 to read as follows: |
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Sec. 22.2155. TEXAS COURT OF APPEALS. (a) The Texas Court |
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of Appeals has exclusive intermediate appellate jurisdiction over |
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all cases or any matters arising out of or related to a civil case: |
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(1) brought by or against the state or a state agency, |
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board, or commission, or by or against an officer of the state or a |
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state agency, board, or commission, other than: |
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(A) a proceeding brought under Title 5, Family |
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Code; |
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(B) a proceeding brought against an elected |
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official of a political subdivision or the judge of a trial court |
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arising from an act or omission made in the official's or judge's |
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official capacity; |
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(C) a proceeding relating to a mental health |
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commitment or a civil asset forfeiture; |
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(D) a juvenile case; |
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(E) a proceeding brought under Chapter 125, Civil |
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Practice and Remedies Code, to enjoin a common nuisance; |
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(F) a quo warranto proceeding; |
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(G) a proceeding relating to an order of |
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expunction under Chapter 55, Code of Criminal Procedure, or an |
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order of nondisclosure of criminal history record information under |
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Subchapter E-1, Chapter 411; or |
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(H) a proceeding relating to the conditions, |
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modification, revocation, or surrendering of a bond, including a |
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surety bond; or |
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(2) in which a party to the proceeding files a |
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petition, motion, or other pleading challenging the |
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constitutionality of a statute of this state. |
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(b) The court is composed of five justices elected by the |
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qualified voters of the state. |
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(c) Notwithstanding Section 659.012(a)(2), a justice of the |
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Texas Court of Appeals shall be paid the annual base salary paid by |
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the state under Section 659.012 to a justice of the supreme court |
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other than the chief justice or a judge of the court of criminal |
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appeals other than the presiding judge. |
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(d) The court shall sit in the City of Austin, but may |
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transact its business in any county in the state as the court |
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determines is necessary and convenient. |
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(e) Except as otherwise provided by this section or a rule |
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adopted by the supreme court under Subsection (f), the following |
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apply to the court in the same manner as to other courts of appeals: |
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(1) provisions of this code, including Sections 22.217 |
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through 22.228, or other law; |
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(2) rules of procedure and appeal; and |
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(3) standards of practice relating to precedent and |
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authority from the supreme court and other courts of appeals. |
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(f) The supreme court shall adopt rules to: |
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(1) provide for the administration of the Texas Court |
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of Appeals as a subject matter jurisdiction court of appeals and |
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assist the court in processing appeals filed from the district |
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courts, statutory county courts, and county courts of the state; |
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and |
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(2) set court costs and fees for the court. |
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SECTION 1.03. Section 22.216, Government Code, is amended |
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by adding Subsection (n-1) to read as follows: |
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(n-1) The Texas Court of Appeals consists of a chief justice |
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and of four justices holding places numbered consecutively |
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beginning with Place 2. |
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SECTION 1.04. Section 22.220(a), Government Code, is |
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amended to read as follows: |
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(a) Each court of appeals of general jurisdiction has |
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appellate jurisdiction of all civil cases within its district of |
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which the district courts or county courts have jurisdiction when |
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the amount in controversy or the judgment rendered exceeds $250, |
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exclusive of interest and costs, other than cases over which the |
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Texas Court of Appeals has exclusive intermediate appellate |
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jurisdiction under Section 22.2155. |
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SECTION 1.05. (a) Except as otherwise provided by this Act, |
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the Texas Court of Appeals is created January 1, 2023. |
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(b) If the Texas Court of Appeals is created, the initial |
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vacancies in the offices of chief justice and justice of the court |
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shall be filled by election, and the offices exist for purposes of |
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the primary and general elections in 2022. |
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SECTION 1.06. (a) On the date the Texas Court of Appeals is |
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created, all cases pending in courts of appeals of general |
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jurisdiction filed on or after January 1, 2021, and of which the |
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Texas Court of Appeals has exclusive intermediate appellate |
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jurisdiction are transferred to the Texas Court of Appeals. |
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(b) When a case is transferred as provided by Subsection (a) |
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of this section: |
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(1) all processes, writs, bonds, recognizances, or |
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other obligations issued from the court of appeals of general |
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jurisdiction are returnable to the Texas Court of Appeals as if |
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originally issued by that court; and |
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(2) the obligees on all bonds and recognizances taken |
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in and for a court of appeals of general jurisdiction and all |
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witnesses summoned to appear in a court of appeals of general |
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jurisdiction are required to appear before the Texas Court of |
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Appeals as if originally required to appear before that court. |
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ARTICLE 2. CONFORMING AMENDMENTS |
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SECTION 2.01. Article 4.01, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION. The |
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following courts have jurisdiction in criminal actions: |
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1. The Court of Criminal Appeals; |
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2. Courts of appeals of general jurisdiction; |
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3. The district courts; |
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4. The criminal district courts; |
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5. The magistrates appointed by the judges of the |
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district courts of Bexar County, Dallas County, Tarrant County, or |
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Travis County that give preference to criminal cases and the |
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magistrates appointed by the judges of the criminal district courts |
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of Dallas County or Tarrant County; |
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6. The county courts; |
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7. All county courts at law with criminal |
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jurisdiction; |
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8. County criminal courts; |
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9. Justice courts; |
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10. Municipal courts; |
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11. The magistrates appointed by the judges of the |
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district courts of Lubbock County; and |
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12. The magistrates appointed by the El Paso Council |
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of Judges. |
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SECTION 2.02. Article 4.03, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 4.03. COURTS OF APPEALS. The Courts of Appeals of |
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general jurisdiction shall have appellate jurisdiction coextensive |
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with the limits of their respective districts in all criminal cases |
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except those in which the death penalty has been assessed. This |
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Article shall not be so construed as to embrace any case which has |
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been appealed from any inferior court to the county court, the |
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county criminal court, or county court at law, in which the fine |
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imposed or affirmed by the county court, the county criminal court |
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or county court at law does not exceed one hundred dollars, unless |
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the sole issue is the constitutionality of the statute or ordinance |
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on which the conviction is based. |
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SECTION 2.03. Article 44.25, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 44.25. CASES REMANDED. The courts of appeals of |
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general jurisdiction or the Court of Criminal Appeals may reverse |
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the judgment in a criminal action, as well upon the law as upon the |
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facts. |
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SECTION 2.04. Section 612.004(f)(2), Government Code, is |
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amended to read as follows: |
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(2) "State agency" means: |
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(A) a department, board, commission, committee, |
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council, agency, office, or other entity in the executive, |
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legislative, or judicial branch of state government, the |
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jurisdiction of which is not limited to a geographical portion of |
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the state; |
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(B) an institution of higher education as defined |
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by Section 61.003, Education Code; and |
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(C) a court of appeals as described by Subchapter |
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C, Chapter 22 [Section 22.201]. |
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ARTICLE 3. SPECIFIC APPROPRIATION REQUIRED; EFFECTIVE DATE |
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SECTION 3.01. (a) Notwithstanding Section 22.201(a), |
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Government Code, as amended by this Act, and Section 22.2155, |
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Government Code, as added by this Act, the Texas Court of Appeals is |
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not created unless the legislature makes a specific appropriation |
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of money for that purpose. For purposes of this subsection, a |
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specific appropriation is an appropriation identifying the Texas |
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Court of Appeals or an Act of the 87th Legislature, Regular Session, |
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2021, relating to the creation of the Texas Court of Appeals. |
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(b) Notwithstanding Section 22.220(a), Government Code, as |
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amended by this Act, a court of appeals of general jurisdiction has |
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the same jurisdiction the court had on December 31, 2021, if the |
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Texas Court of Appeals is not created as a result of Subsection (a) |
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of this section. |
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SECTION 3.02. This Act takes effect January 1, 2022. |