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A BILL TO BE ENTITLED
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AN ACT
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relating to the development and implementation of an all-hazards |
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court security plan, composition and recommendations of court |
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security committees, and increasing the penalty for certain |
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criminal offenses committed against an employee of a court or the |
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office. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 29.014, Government Code, is amended by |
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amending Subsections (c) and (d) and adding Subsection (e) to read |
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as follows: |
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(c) The committee shall establish the policies and |
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procedures including a court emergency management plan necessary to |
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provide adequate security to the municipal courts served by the |
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presiding or municipal judge, as applicable. |
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(d) A committee shall [may] recommend to the municipality |
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the uses of resources and expenditures of money for courthouse |
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security, but may not direct the assignment of those resources or |
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the expenditure of those funds. The municipality shall give |
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preference to the court security committee's recommendations |
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regarding the expenditures of funds when considering use of funds |
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collected under the Code of Criminal Procedure Art. 102.017. |
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(e) A court security committee established under Sec. |
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74.092(13) is not a governmental body as defined under Sec. |
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551.001(3). |
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SECTION 2. Section 30.00007, Government Code, is amended by |
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amending Subsections (b) and (c) and adding Subsection (d) to read |
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as follows: |
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(b) The presiding judge shall: |
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(1) maintain a central docket for cases filed within |
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the territorial limits of the municipality over which the municipal |
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courts of record have jurisdiction; |
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(2) provide for the distribution of cases from the |
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central docket to the individual municipal judges to equalize the |
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distribution of business in the courts; |
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(3) request the jurors needed for cases that are set |
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for trial by jury; |
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(4) temporarily assign judges or substitute judges to |
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exchange benches and to act for each other in a proceeding pending |
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in a court if necessary for the expeditious disposition of business |
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in the courts; |
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(5) supervise and control the operation and clerical |
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functions of the administrative department of each court, including |
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the court's personnel, during the proceedings of the court; and |
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(6) establish a court security committee to adopt |
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security policies and procedures including a court emergency |
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management plan for the courts served by the presiding judge that is |
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composed of: |
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(A) the presiding judge, or the presiding judge's |
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designee, who serves as presiding officer of the committee; |
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(B) a representative of the law enforcement |
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agency or other entity that provides the primary security for the |
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court; |
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(C) a representative of the municipality; and |
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(D) any other person the committee determines |
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necessary to assist the committee. |
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(c) A court security committee shall [may] recommend to the |
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governing body the uses of resources and expenditures of money for |
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courthouse security, but may not direct the assignment of those |
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resources or the expenditure of those funds. The municipality |
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shall give preference to the court security committee's |
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recommendations regarding the expenditures of funds when |
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considering use of funds collected under Code of Criminal Procedure |
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Art. 102.017. |
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(d) A court security committee established under Sec. |
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74.092(13) is not a governmental body as defined under Sec. |
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551.001(3). |
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SECTION 3. Section 72.015(c), Government Code, is amended |
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to read as follows: |
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(c) The judicial security division shall: |
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(1) serve as a central resource for information on |
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local and national best practices for court security and the safety |
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of court personnel; |
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(2) provide an expert opinion on the technical aspects |
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of court security; [and] |
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(3) keep abreast of and provide training on recent |
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court security improvements; and |
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(4) develop a model court emergency management plan as |
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a resource for court security committees. |
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SECTION 4. Section 74.092, Government Code, is amended to |
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read as follows: |
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Sec. 74.092. DUTIES OF LOCAL ADMINISTRATIVE JUDGE. (a) A |
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local administrative judge, for the courts for which the judge |
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serves as local administrative judge, shall: |
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(1) implement and execute the local rules of |
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administration, including the assignment, docketing, transfer, and |
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hearing of cases; |
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(2) appoint any special or standing committees |
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necessary or desirable for court management and administration; |
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(3) promulgate local rules of administration if the |
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other judges do not act by a majority vote; |
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(4) recommend to the regional presiding judge any |
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needs for assignment from outside the county to dispose of court |
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caseloads; |
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(5) supervise the expeditious movement of court |
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caseloads, subject to local, regional, and state rules of |
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administration; |
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(6) provide the supreme court and the office of court |
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administration requested statistical and management information; |
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(7) set the hours and places for holding court in the |
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county; |
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(8) supervise the employment and performance of |
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nonjudicial personnel; |
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(9) supervise the budget and fiscal matters of the |
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local courts, subject to local rules of administration; |
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(10) coordinate and cooperate with any other local |
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administrative judge in the district in the assignment of cases in |
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the courts' concurrent jurisdiction for the efficient operation of |
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the court system and the effective administration of justice; |
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(11) if requested by the courts the judge serves, |
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establish and maintain the lists required by Section 37.003 and |
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ensure appointments are made from the lists in accordance with |
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Section 37.004; |
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(12) perform other duties as may be directed by the |
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chief justice or a regional presiding judge; and |
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(13) establish a court security committee to adopt |
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security policies and procedures including a court emergency |
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management plan for the state and county trial courts in the county |
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[courts served by the local administrative district judge] that is |
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composed of: |
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(A) the local administrative district judge, or |
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the judge's designee, who serves as presiding officer of the |
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committee; |
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(B) a representative of the sheriff's office; |
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(C) a representative of a constable's office; |
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(D) a representative of the county commissioners |
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court; |
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(E) [(D)] one judge of each type of court in the |
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county other than a municipal court or a municipal court of record; |
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(F) [(E)] a representative of any county |
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attorney's office, district attorney's office, or criminal district |
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attorney's office that serves in the applicable courts; and |
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(G) [(F)] any other person the committee |
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determines necessary to assist the committee. |
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(b) A court security committee shall [may] recommend to the |
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county commissioners court the uses of resources and expenditures |
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of money for courthouse security, but may not direct the assignment |
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of those resources or the expenditure of those funds. The |
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commissioners court shall give preference to a court security |
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committee's recommendations regarding the expenditures of funds |
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when considering use of funds collected under Code of Criminal |
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Procedure Art. 102.017. |
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(c) A court security committee established under Sec. |
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74.092(13) is not a governmental body as defined under Sec. |
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551.001(3). |
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SECTION 5. Section 1.07(a), Penal Code, is amended by |
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adding Subdivision (14-a) to read as follows: |
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(14-a) "Court personnel" is an employee whose duties |
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are performed on behalf of the administration of a court, including |
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but not limited to a court clerk, court coordinator, court |
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administrator, law clerk, and staff attorney. |
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SECTION 6. Section 42.07, Penal Code, is amended by adding |
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Subsection (c-1) to read as follows: |
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(c-1) Notwithstanding Subsection (c), an offense under this |
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section is: |
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(1) a Class A misdemeanor if the offense was committed |
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against court personnel; |
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(2) a state jail felony if the offense was committed: |
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(A) against court personnel and the actor has |
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been previously convicted under this section; or |
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(B) against a judge; or |
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(3) a third-degree felony if the offense was committed |
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against a judge and the actor has been previously convicted under |
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this section. |
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SECTION 7. The changes in law made by this Act to Sections |
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1.07(a) and 42.07, Penal Code, apply only to an offense committed on |
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or after the effective date of this Act. An offense committed |
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before the effective date of this Act is governed by the law in |
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effect on the date the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 8. As soon as practicable after the effective date |
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of this Act, a court security committee shall develop an |
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all-hazards court security plan as required by Section 29.014, |
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30.00007, or 74.092, Government Code, as amended by this Act. |
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SECTION 9. To the extent of any conflict, this Act prevails |
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over another Act of the 89th Legislature, Regular Session, 2025, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 10. This Act takes effect September 1, 2025. |