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A BILL TO BE ENTITLED
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AN ACT
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relating to the enrollment, including resident status and tuition |
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rates, of certain persons, including persons not authorized to be |
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present in the United States, in public institutions of higher |
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education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.052, Education Code, is amended to |
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read as follows: |
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Sec. 54.052. DETERMINATION OF RESIDENT STATUS. (a) |
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Subject to the other applicable provisions of this subchapter |
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governing the determination of resident status, the following |
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persons are considered residents of this state for purposes of this |
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title: |
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(1) a person who: |
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(A) established a domicile in this state not |
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later than one year before the census date of the academic term in |
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which the person is enrolled in an institution of higher education; |
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and |
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(B) maintained that domicile continuously for |
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the year preceding that census date; and |
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(2) a dependent whose parent: |
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(A) established a domicile in this state not |
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later than one year before the census date of the academic term in |
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which the dependent is enrolled in an institution of higher |
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education; and |
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(B) maintained that domicile continuously for |
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the year preceding that census date[; and |
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[(3) a person who: |
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[(A) graduated from a public or private high |
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school in this state or received the equivalent of a high school |
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diploma in this state; and |
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[(B) maintained a residence continuously in this |
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state for: |
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[(i) the three years preceding the date of |
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graduation or receipt of the diploma equivalent, as applicable; and |
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[(ii) the year preceding the census date of |
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the academic term in which the person is enrolled in an institution |
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of higher education]. |
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(b) For purposes of this section, the domicile of a |
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dependent's parent is presumed to be the domicile of the dependent |
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[unless the person establishes eligibility for resident status |
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under Subsection (a)(3)]. |
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(c) A person who is not authorized under federal statute to |
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be present in the United States may not be considered a resident of |
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this state for purposes of this title. |
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SECTION 2. Section 54.053, Education Code, is amended to |
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read as follows: |
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Sec. 54.053. INFORMATION REQUIRED TO ESTABLISH RESIDENT |
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STATUS. A person shall submit the following information to an |
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institution of higher education to establish resident status under |
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this subchapter: |
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(1) if the person applies for resident status under |
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Section 54.052(a)(1): |
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(A) a statement of the dates and length of time |
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the person has resided in this state, as relevant to establish |
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resident status under this subchapter; and |
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(B) a statement by the person that the person's |
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presence in this state for that period was for a purpose of |
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establishing and maintaining a domicile; or |
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(2) if the person applies for resident status under |
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Section 54.052(a)(2): |
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(A) a statement of the dates and length of time |
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any parent of the person has resided in this state, as relevant to |
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establish resident status under this subchapter; and |
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(B) a statement by the parent or, if the parent is |
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unable or unwilling to provide the statement, a statement by the |
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person that the parent's presence in this state for that period was |
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for a purpose of establishing and maintaining a domicile[; or |
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[(3) if the person applies for resident status under |
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Section 54.052(a)(3): |
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[(A) a statement of the dates and length of time |
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the person has resided in this state, as relevant to establish |
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resident status under this subchapter; and |
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[(B) if the person is not a citizen or permanent |
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resident of the United States, an affidavit stating that the person |
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will apply to become a permanent resident of the United States as |
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soon as the person becomes eligible to apply]. |
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SECTION 3. Section 54.055(a), Education Code, is amended to |
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read as follows: |
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(a) On the basis of additional or changed information, an |
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institution of higher education shall [may] reclassify as a |
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resident or nonresident of this state under this subchapter a |
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person who has previously been erroneously classified as a resident |
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or nonresident under this subchapter. |
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SECTION 4. Section 54.056, Education Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) If an institution of higher education erroneously |
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classifies a person as a resident of this state and the person is |
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not entitled or permitted to pay resident tuition under this |
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subchapter, the institution of higher education shall charge |
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nonresident tuition to the person beginning with the first academic |
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term that begins after the date the institution discovers the |
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error. Not earlier than the first day of that term, regardless of |
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whether the person is still enrolled at the institution, the |
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institution shall [may] request the person to pay the difference |
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between resident and nonresident tuition for an earlier term as |
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permitted by Section 54.057. For nonpayment of the amount owed, the |
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institution may impose sanctions only as provided by that section. |
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The institution may not require payment as a condition for any |
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subsequent enrollment by the person in the institution. |
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(c) If in determining the classification of a person as a |
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resident of this state, an institution of higher education learns |
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that a student enrolled at the institution is a person who is not |
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authorized under federal statute to be present in the United |
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States, the institution shall immediately notify the institution's |
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campus police department or appropriate local law enforcement |
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agency regarding that information. |
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SECTION 5. Sections 54.057(a) and (b), Education Code, are |
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amended to read as follows: |
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(a) The following persons are liable to the institution of |
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higher education the person attends for the difference between |
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resident and nonresident tuition for each academic term in which |
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the person pays resident tuition to the institution as the result of |
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an erroneous classification or other misclassification under this |
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subchapter: |
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(1) a person who, in a timely manner after the |
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information becomes available or on request by the institution of |
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higher education, fails to provide to the institution information |
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that the person reasonably should know would be relevant to an |
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accurate classification by the institution under this subchapter; |
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[or] |
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(2) a person who provides false information to the |
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institution that the person reasonably should know could lead to an |
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erroneous classification by the institution under this subchapter; |
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or |
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(3) a person who is not authorized under federal |
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statute to be present in the United States. |
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(b) A [The] person who is liable under this section for the |
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difference between resident and nonresident tuition shall pay the |
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applicable amount to the institution not later than the 30th day |
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after the date the person is notified of the person's liability for |
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the amount owed. After receiving the notice and until the amount is |
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paid in full, the person is not entitled to receive from the |
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institution a certificate or diploma, if not yet awarded on the date |
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of the notice, or official transcript that is based at least |
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partially on or includes credit for courses taken while the person |
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was erroneously classified as a resident of this state. |
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SECTION 6. Section 54.0601, Education Code, is amended to |
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read as follows: |
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Sec. 54.0601. NONRESIDENT TUITION RATES AT CERTAIN |
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INSTITUTIONS. (a) On the written request of the governing board of |
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a general academic teaching institution located not more than 100 |
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miles from the boundary of this state with another state, the Texas |
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Higher Education Coordinating Board may set a nonresident tuition |
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rate that is lower than the nonresident tuition rate otherwise |
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provided by this chapter if the coordinating board determines that |
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the lower rate is in the best interest of the institution and will |
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not cause unreasonable harm to any other institution of higher |
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education. |
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(b) A person who is not authorized under federal statute to |
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be present in the United States is not eligible for the nonresident |
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tuition rate authorized by Subsection (a). |
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SECTION 7. Notwithstanding Subchapter B, Chapter 54, |
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Education Code, a public institution of higher education in this |
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state may, for any semester or academic term, before the beginning |
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of that semester or academic term, reclassify as a nonresident a |
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student previously classified as a resident of this state by the |
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institution or another public institution of higher education in |
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this state: |
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(1) under Section 54.052(a)(3), Education Code, as |
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that section existed before amendment by this Act, if the student is |
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not otherwise eligible to be classified as a resident of this state |
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under Subchapter B, Chapter 54, Education Code; or |
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(2) before the enactment of Section 54.052(c), |
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Education Code, as added by this Act, if the student is not |
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authorized under federal statute to be present in the United |
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States. |
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SECTION 8. This Act applies beginning with tuition charged |
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by a public institution of higher education for the 2024 fall |
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semester. Tuition charged by a public institution of higher |
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education for an academic period before that semester is governed |
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by the law in effect immediately before the effective date of this |
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Act, and that law is continued in effect for that purpose. |
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SECTION 9. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect on the 91st day after the last day of the |
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legislative session. |