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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of opioid antagonists by a school |
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nurse at public school campuses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter E, Chapter 38, |
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Education Code, is amended to read as follows: |
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SUBCHAPTER E. MAINTENANCE, [AND] ADMINISTRATION, AND DISPOSAL OF |
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EPINEPHRINE AUTO-INJECTORS, [AND] ASTHMA MEDICINE, AND OPIOID |
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ANTAGONISTS |
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SECTION 2. Section 38.201, Education Code, is amended by |
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adding Subdivision (3-a) to read as follows: |
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(3-a) "Opioid antagonist" and "opioid-related drug |
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overdose" have the meanings assigned by Section 483.101, Health and |
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Safety Code. |
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SECTION 3. The heading to Section 38.208, Education Code, |
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is amended to read as follows: |
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Sec. 38.208. MAINTENANCE, [AND] ADMINISTRATION, AND |
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DISPOSAL OF EPINEPHRINE AUTO-INJECTORS, [AND] ASTHMA MEDICINE, AND |
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OPIOID ANTAGONISTS. |
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SECTION 4. Section 38.208, Education Code, is amended by |
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adding Subsections (a-2) and (c-1) and amending Subsections (c) and |
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(e) to read as follows: |
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(a-2) Each school district and open-enrollment charter |
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school shall adopt and implement a policy authorizing a school |
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nurse to maintain, administer, and dispose of an opioid antagonist |
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at each campus of the district or school. |
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(c) The executive commissioner of the Health and Human |
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Services Commission, in consultation with the commissioner of |
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education, and with advice from the advisory committee as |
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appropriate, shall adopt rules regarding: |
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(1) the maintenance, administration, and disposal of |
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an epinephrine auto-injector at a school campus subject to a policy |
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adopted under Subsection (a); |
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(2) [and] the maintenance and administration of asthma |
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medicine at a school campus subject to a policy adopted under |
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Subsection (a-1); and |
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(3) the maintenance, administration, and disposal of |
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an opioid antagonist at a school campus in accordance with a policy |
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adopted under Subsection (a-2). |
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(c-1) The rules adopted under Subsection (c) must |
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establish: |
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(1) the number of epinephrine auto-injectors |
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available at each campus; |
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(2) the amount of prescription asthma medicine |
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available at each campus; |
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(3) the amount and type of opioid antagonists |
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available at each campus; |
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(4) the process for a [each] school district, |
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open-enrollment charter school, and private school, as applicable, |
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to check the inventory of epinephrine auto-injectors, [and] asthma |
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medicine, and opioid antagonists at regular intervals for |
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expiration and replacement; and |
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(5) [(4)] the amount of training required for school |
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personnel and school volunteers to administer an epinephrine |
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auto-injector. |
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(e) The supply of epinephrine auto-injectors at each campus |
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must be stored in a secure location and be easily accessible to |
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school personnel and school volunteers authorized and trained to |
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administer an epinephrine auto-injector. The supply of asthma |
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medicine and opioid antagonists at each campus must be stored in a |
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secure location and be easily accessible to the school nurse. |
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SECTION 5. Section 38.209, Education Code, is amended to |
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read as follows: |
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Sec. 38.209. REPORT ON ADMINISTERING EPINEPHRINE |
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AUTO-INJECTOR OR OPIOID ANTAGONIST. (a) Not later than the 10th |
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business day after the date a school personnel member or school |
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volunteer administers an epinephrine auto-injector in accordance |
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with a policy adopted under Section 38.208(a), or a school nurse |
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administers an opioid antagonist under Section 38.208(a-2), the |
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school shall report the information required under Subsection (b) |
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to: |
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(1) the school district, the charter holder if the |
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school is an open-enrollment charter school, or the governing body |
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of the school if the school is a private school, as applicable; |
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(2) the physician or other person who prescribed the |
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epinephrine auto-injector or opioid antagonist; and |
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(3) the commissioner of state health services. |
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(b) The report required under this section must include the |
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following information: |
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(1) the age of the person who received the |
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administration of the epinephrine auto-injector or opioid |
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antagonist; |
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(2) whether the person who received the administration |
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of the epinephrine auto-injector or opioid antagonist was a |
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student, a school personnel member or school volunteer, or a |
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visitor, as applicable; |
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(3) the physical location where the epinephrine |
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auto-injector or opioid antagonist was administered; |
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(4) the number of doses of epinephrine auto-injector |
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or opioid antagonist administered; |
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(5) the title of the person who administered the |
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epinephrine auto-injector or opioid antagonist; and |
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(6) any other information required by the commissioner |
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of education. |
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SECTION 6. The heading to Section 38.211, Education Code, |
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is amended to read as follows: |
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Sec. 38.211. PRESCRIPTION OF EPINEPHRINE AUTO-INJECTORS, |
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[AND] ASTHMA MEDICINE, AND OPIOID ANTAGONISTS. |
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SECTION 7. Sections 38.211(a), (b), (c), (e), and (f), |
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Education Code, are amended to read as follows: |
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(a) A physician or person who has been delegated |
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prescriptive authority under Chapter 157, Occupations Code, may |
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prescribe: |
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(1) epinephrine auto-injectors or asthma medicine in |
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the name of a school district, open-enrollment charter school, or |
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private school; or |
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(2) opioid antagonists in the name of a school |
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district or open-enrollment charter school. |
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(b) A physician or other person who prescribes epinephrine |
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auto-injectors, [or] asthma medicine, or opioid antagonists under |
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Subsection (a) shall provide the school district, open-enrollment |
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charter school, or private school with a standing order for the |
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administration of, as applicable: |
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(1) an epinephrine auto-injector to a person |
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reasonably believed to be experiencing anaphylaxis; [or] |
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(2) asthma medicine to a person reasonably believed to |
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be experiencing a symptom of asthma and who has provided written |
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notification and permission as required by Section 38.208(b-1); or |
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(3) an opioid antagonist to a person reasonably |
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believed to be experiencing an opioid-related drug overdose. |
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(c) The standing order under Subsection (b) is not required |
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to be patient-specific, and the epinephrine auto-injector, [or] |
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asthma medicine, or opioid antagonist may be administered to a |
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person without a previously established physician-patient |
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relationship. |
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(e) An order issued under this section must contain: |
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(1) the name and signature of the prescribing |
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physician or other person; |
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(2) the name of the school district, open-enrollment |
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charter school, or private school to which the order is issued; |
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(3) the quantity of epinephrine auto-injectors, [or] |
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asthma medicine, or opioid antagonists to be obtained and |
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maintained under the order; and |
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(4) the date of issue. |
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(f) A pharmacist may dispense, without requiring the name or |
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any other identifying information relating to the user: |
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(1) an epinephrine auto-injector or asthma medicine to |
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a school district, open-enrollment charter school, or private |
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school; or |
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(2) an opioid antagonist to a school district or |
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open-enrollment charter school [without requiring the name or any |
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other identifying information relating to the user]. |
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SECTION 8. Section 38.215(a), Education Code, is amended to |
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read as follows: |
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(a) A person who in good faith takes, or fails to take, any |
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action under this subchapter is immune from civil or criminal |
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liability or disciplinary action resulting from that action or |
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failure to act, including: |
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(1) issuing an order for epinephrine auto-injectors, |
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[or] asthma medicine, or opioid antagonists; |
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(2) supervising or delegating the administration of an |
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epinephrine auto-injector or asthma medicine; |
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(3) possessing, maintaining, storing, or disposing of |
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an epinephrine auto-injector, [or] asthma medicine, or opioid |
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antagonist; |
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(4) prescribing an epinephrine auto-injector, [or] |
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asthma medicine, or opioid antagonist; |
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(5) dispensing: |
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(A) an epinephrine auto-injector or opioid |
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antagonist; or |
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(B) asthma medicine, provided that permission |
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has been granted as provided by Section 38.208(b-1); |
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(6) administering, or assisting in administering: |
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(A) [,] an epinephrine auto-injector or opioid |
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antagonist; or |
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(B) asthma medicine, provided that permission |
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has been granted as provided by Section 38.208(b-1); |
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(7) providing, or assisting in providing, training, |
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consultation, or advice in the development, adoption, or |
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implementation of policies, guidelines, rules, or plans; or |
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(8) undertaking any other act permitted or required |
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under this subchapter. |
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SECTION 9. This Act applies beginning with the 2023-2024 |
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school year. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2023. |