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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of a former or retired justice of an |
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appellate court as a visiting judge of a statutory probate court. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 25.0022(d), (h), (k), (o), (t), (u), |
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and (w), Government Code, are amended to read as follows: |
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(d) The presiding judge shall: |
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(1) ensure the promulgation of local rules of |
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administration in accordance with policies and guidelines set by |
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the supreme court; |
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(2) advise local statutory probate court judges on |
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case flow management practices and auxiliary court services; |
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(3) perform a duty of a local administrative statutory |
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probate court judge if the local administrative judge does not |
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perform that duty; |
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(4) appoint an assistant presiding judge of the |
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statutory probate courts; |
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(5) call and preside over annual meetings of the |
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judges of the statutory probate courts at a time and place in the |
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state as designated by the presiding judge; |
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(6) call and convene other meetings of the judges of |
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the statutory probate courts as considered necessary by the |
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presiding judge to promote the orderly and efficient administration |
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of justice in the statutory probate courts; |
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(7) study available statistics reflecting the |
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condition of the dockets of the probate courts in the state to |
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determine the need for the assignment of judges under this section; |
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(8) compare local rules of court to achieve uniformity |
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of rules to the extent practical and consistent with local |
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conditions; |
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(9) assign or order the clerk who serves the statutory |
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probate courts to randomly assign a judge or former or retired judge |
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of a statutory probate court or a former or retired justice of an |
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appellate court to hear a case under Section 25.002201(a) or |
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25.00255, as applicable; and |
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(10) require the local administrative judge for |
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statutory probate courts in a county to ensure that all statutory |
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probate courts in the county comply with Chapter 37. |
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(h) Subject to Section 25.002201, a judge or a former or |
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retired judge of a statutory probate court or a former or retired |
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justice of an appellate court may be assigned by the presiding judge |
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of the statutory probate courts to hold court in a statutory probate |
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court, a county court, or any statutory court exercising probate |
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jurisdiction when: |
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(1) a statutory probate judge requests assignment of |
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another judge to the judge's court; |
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(2) a statutory probate judge is absent, disabled, or |
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disqualified for any reason; |
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(3) a statutory probate judge is present or is trying |
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cases as authorized by the constitution and laws of this state and |
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the condition of the court's docket makes it necessary to appoint an |
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additional judge; |
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(4) the office of a statutory probate judge is vacant; |
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(5) the presiding judge of an administrative judicial |
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district requests the assignment of a statutory probate judge to |
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hear a probate matter in a county court or statutory county court; |
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(6) the statutory probate judge is recused or |
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disqualified as described by Section 25.002201(a); |
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(7) a county court judge requests the assignment of a |
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statutory probate judge to hear a probate matter in the county |
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court; or |
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(8) a local administrative statutory probate court |
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judge requests the assignment of a statutory probate judge to hear a |
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matter in a statutory probate court. |
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(k) The daily compensation of a former or retired judge or |
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justice for purposes of this section is set at an amount equal to |
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the daily compensation of a judge of a statutory probate court in |
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the county in which the former or retired judge or justice is |
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assigned. A former or retired judge or justice assigned to a county |
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that does not have a statutory probate court shall be paid an amount |
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equal to the daily compensation of a judge of a statutory probate |
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court in the county where the assigned judge or justice was last |
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elected. |
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(o) The county in which the assigned judge served shall pay |
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out of the general fund of the county: |
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(1) expenses certified under Subsection (m) to the |
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assigned judge; and |
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(2) the salary certified under Subsection (m) to the |
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county in which the assigned judge serves, or, if the assigned judge |
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is a former or retired judge or justice, to the assigned judge. |
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(t) To be eligible for assignment under this section, a |
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former or retired judge of a statutory probate court or a former or |
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retired justice of an appellate court must: |
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(1) not have been removed from office; |
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(2) certify under oath to the presiding judge, on a |
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form prescribed by the state board of regional judges, that: |
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(A) the judge or justice has not been publicly |
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reprimanded or censured by the State Commission on Judicial |
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Conduct; and |
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(B) the judge or justice: |
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(i) did not resign or retire from office |
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after the State Commission on Judicial Conduct notified the judge |
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or justice of the commencement of a full investigation into an |
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allegation or appearance of misconduct or disability of the judge |
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or justice as provided in Section 33.022 and before the final |
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disposition of that investigation; or |
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(ii) if the judge or justice did resign from |
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office under circumstances described by Subparagraph (i), was not |
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publicly reprimanded or censured as a result of the investigation; |
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(3) annually demonstrate that the judge or justice has |
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completed in the past state fiscal year the educational |
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requirements for an active statutory probate court judge; |
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(4) have served as an active judge or justice for at |
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least 72 months in a district, statutory probate, statutory county, |
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or appellate court; and |
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(5) have developed substantial experience in the |
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judge's or justice's area of specialty. |
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(u) In addition to the eligibility requirements under |
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Subsection (t), to be eligible for assignment under this section in |
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the judge's or justice's county of residence, a former or retired |
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judge of a statutory probate court or a former or retired justice of |
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an appellate court must certify to the presiding judge a |
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willingness not to: |
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(1) appear and plead as an attorney in any court in the |
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judge's county of residence for a period of two years; and |
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(2) accept appointment as a guardian ad litem, |
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guardian of the estate of an incapacitated person, or guardian of |
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the person of an incapacitated person in any court in the judge's or |
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justice's county of residence for a period of two years. |
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(w) A former or retired judge or justice who is assigned |
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under this section is not an employee of the county in which the |
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assigned court is located. |
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SECTION 2. Section 25.002201, Government Code, is amended |
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to read as follows: |
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Sec. 25.002201. ASSIGNMENT OF JUDGE ON RECUSAL OR |
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DISQUALIFICATION. (a) Except as provided by Subsection (b), not |
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later than the 15th day after the date an order of recusal or |
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disqualification of a statutory probate court judge is issued in a |
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case, the presiding judge shall assign a statutory probate court |
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judge or a former or retired judge of a statutory probate court or a |
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former or retired justice of an appellate court to hear the case if: |
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(1) the judge of the statutory probate court recused |
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himself or herself under Section 25.00255(g)(1)(A); |
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(2) the judge of the statutory probate court |
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disqualified himself or herself under Section 25.00255(g-1); |
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(3) the order was issued under Section |
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25.00255(i-3)(1); or |
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(4) the presiding judge receives notice and a request |
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for assignment from the clerk of the statutory probate court under |
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Section 25.00255(l). |
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(b) If the judge who is the subject of an order of recusal or |
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disqualification is the presiding judge of the statutory probate |
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courts, the chief justice of the supreme court shall assign a |
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statutory probate judge, [or] a former or retired judge of a |
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statutory probate court, or a former or retired justice of an |
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appellate court to hear the case. |
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SECTION 3. Section 25.00255(a), Government Code, is amended |
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to read as follows: |
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(a) Notwithstanding any conflicting provision in the Texas |
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Rules of Civil Procedure, Rules 18a and 18b, Texas Rules of Civil |
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Procedure, apply to the recusal and disqualification of a statutory |
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probate court judge except as otherwise provided by this section or |
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another provision of this subchapter. The presiding judge: |
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(1) has the authority and shall perform the functions |
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and duties of the presiding judge of the administrative judicial |
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region under the rules, including the duty to hear or rule on a |
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referred motion of recusal or disqualification or, subject to |
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Subdivisions (2) and (3), assign a judge to hear and rule on a |
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referred motion of recusal or disqualification; |
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(2) may assign a presiding judge of the administrative |
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judicial region to hear and rule on a referred motion of recusal or |
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disqualification only with the consent of the presiding judge of |
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the administrative judicial region; |
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(3) may not assign a judge of a statutory probate court |
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located in the same county as the statutory probate court served by |
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the judge who is the subject of the motion of recusal or |
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disqualification; and |
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(4) if the presiding judge is the subject of the motion |
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of recusal or disqualification, shall sign and file with the clerk |
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an order referring the motion to the chief justice of the supreme |
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court for assignment of a presiding judge of an administrative |
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judicial region, a statutory probate court judge, [or] a former or |
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retired judge of a statutory probate court, or a former or retired |
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justice of an appellate court to hear and rule on the motion, |
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subject to Subdivisions (2) and (3). |
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SECTION 4. This Act takes effect September 1, 2025. |