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A BILL TO BE ENTITLED
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AN ACT
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relating to the reform of certain remedies and procedures in civil |
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actions and family law matters. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. EARLY DISMISSAL OF ACTIONS |
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SECTION 1.01. Section 22.004, Government Code, is amended |
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by adding Subsection (g) to read as follows: |
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(g) The supreme court shall adopt rules to provide for the |
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dismissal of causes of action that have no basis in law or fact on |
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motion and without evidence. The rules shall provide that the |
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motion to dismiss shall be granted or denied within 45 days of the |
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filing of the motion to dismiss. The rules shall not apply to |
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actions under the Family Code. |
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SECTION 1.02. Chapter 30, Civil Practice and Remedies Code, |
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is amended by adding Section 30.021 to read as follows: |
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Sec. 30.021. AWARD OF ATTORNEY'S FEES IN RELATION TO |
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CERTAIN MOTIONS TO DISMISS. In a civil proceeding, on a trial |
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court's granting or denial, in whole or in part, of a motion to |
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dismiss filed under the rules adopted by the supreme court under |
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Section 22.004(g), Government Code, the court shall award costs and |
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reasonable and necessary attorney's fees to the prevailing party. |
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This section does not apply to actions by or against the state, |
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other governmental entities, or public officials acting in their |
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official capacity or under color of law. |
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ARTICLE 2. EXPEDITED CIVIL ACTIONS |
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SECTION 2.01. Section 22.004, Government Code, is amended |
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by adding Subsection (h) to read as follows: |
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(h) The supreme court shall adopt rules to promote the |
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prompt, efficient, and cost-effective resolution of civil actions. |
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The rules shall apply to civil actions in district courts, county |
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courts at law, and statutory probate courts in which the amount in |
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controversy, inclusive of all claims for damages of any kind, |
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whether actual or exemplary, a penalty, attorney's fees, expenses, |
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costs, interest, or any other type of damage of any kind, does not |
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exceed $100,000. The rules shall address the need for lowering |
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discovery costs in these actions and the procedure for ensuring |
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that these actions will be expedited in the civil justice system. |
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The supreme court may not adopt rules under this subsection that |
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conflict with a provision of: |
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(1) Chapter 74, Civil Practice and Remedies Code; |
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(2) the Family Code; |
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(3) the Property Code; or |
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(4) the Tax Code. |
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ARTICLE 3. APPEAL OF CONTROLLING QUESTION OF LAW |
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SECTION 3.01. Section 51.014, Civil Practice and Remedies |
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Code, is amended by amending Subsections (d), (d-1), and (e) and |
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adding Subsection (f) to read as follows: |
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(d) On a party's motion or on its own initiative, a trial |
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court in a civil action [A district court, county court at law, or
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county court] may, by [issue a] written order, permit an appeal from |
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an order that is [for interlocutory appeal in a civil action] not |
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otherwise appealable [under this section] if: |
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(1) [the parties agree that] the order to be appealed |
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involves a controlling question of law as to which there is a |
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substantial ground for difference of opinion; and |
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(2) an immediate appeal from the order may materially |
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advance the ultimate termination of the litigation[; and
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[(3) the parties agree to the order]. |
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(d-1) Subsection (d) does not apply to an action brought |
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under the Family Code. |
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(e) An appeal under Subsection (d) does not stay proceedings |
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in the trial court unless: |
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(1) the parties agree to a stay; or |
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(2) [and] the trial or appellate court[, the court of
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appeals, or a judge of the court of appeals] orders a stay of the |
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proceedings pending appeal. |
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(f) An appellate court may accept an appeal permitted by |
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Subsection (d) if the appealing party, not later than the 15th day |
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after the date the trial court signs the order to be appealed, files |
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in the court of appeals having appellate jurisdiction over the |
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action an application for interlocutory appeal explaining why an |
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appeal is warranted under Subsection (d). If the court of appeals |
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accepts the appeal, the appeal is governed by the procedures in the |
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Texas Rules of Appellate Procedure for pursuing an accelerated |
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appeal. The date the court of appeals enters the order accepting |
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the appeal starts the time applicable to filing the notice of |
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appeal. |
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SECTION 3.02. Section 22.225(d), Government Code, is |
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amended to read as follows: |
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(d) A petition for review is allowed to the supreme court |
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for an appeal from an interlocutory order described by Section |
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51.014(a)(3), (6), or (11), or (d), Civil Practice and Remedies |
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Code. |
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ARTICLE 4. ALLOCATION OF LITIGATION COSTS |
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SECTION 4.01. Sections 42.001(5) and (6), Civil Practice |
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and Remedies Code, are amended to read as follows: |
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(5) "Litigation costs" means money actually spent and |
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obligations actually incurred that are directly related to the |
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action [case] in which a settlement offer is made. The term |
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includes: |
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(A) court costs; |
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(B) reasonable deposition costs; |
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(C) reasonable fees for not more than two |
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testifying expert witnesses; and |
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(D) [(C)] reasonable attorney's fees. |
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(6) "Settlement offer" means an offer to settle or |
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compromise a claim made in compliance with Section 42.003 [this
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chapter]. |
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SECTION 4.02. Sections 42.002(b), (d), and (e), Civil |
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Practice and Remedies Code, are amended to read as follows: |
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(b) This chapter does not apply to: |
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(1) a class action; |
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(2) a shareholder's derivative action; |
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(3) an action by or against a governmental unit; |
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(4) an action brought under the Family Code; |
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(5) an action to collect workers' compensation |
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benefits under Subtitle A, Title 5, Labor Code; or |
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(6) an action filed in a justice of the peace court or |
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a small claims court. |
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(d) This chapter does not limit or affect the ability of any |
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person to: |
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(1) make an offer to settle or compromise a claim that |
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does not comply with Section 42.003 [this chapter]; or |
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(2) offer to settle or compromise a claim in an action |
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to which this chapter does not apply. |
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(e) An offer to settle or compromise that does not comply |
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with Section 42.003 [is not made under this chapter] or an offer to |
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settle or compromise made in an action to which this chapter does |
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not apply does not entitle any [the offering] party to recover |
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litigation costs under this chapter. |
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SECTION 4.03. Section 42.003, Civil Practice and Remedies |
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Code, is amended to read as follows: |
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Sec. 42.003. MAKING SETTLEMENT OFFER. (a) A settlement |
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offer must: |
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(1) be in writing; |
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(2) state that it is made under this chapter; |
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(3) state the terms by which the claims may be settled; |
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(4) state a deadline by which the settlement offer |
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must be accepted; and |
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(5) be served on all parties to whom the settlement |
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offer is made. |
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(b) The parties are not required to file a settlement offer |
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with the court. |
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SECTION 4.04. Section 42.004(d), Civil Practice and |
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Remedies Code, is amended to read as follows: |
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(d) The litigation costs that may be awarded under this |
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chapter to any party may not be greater than the total amount that |
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the claimant recovers or would recover before adding an award of |
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litigation costs under this chapter in favor of the claimant or |
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subtracting as an offset an award of litigation costs under this |
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chapter in favor of the defendant. [an amount computed by: |
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[(1) determining the sum of: |
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[(A)
50 percent of the economic damages to be
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awarded to the claimant in the judgment; |
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[(B)
100 percent of the noneconomic damages to be
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awarded to the claimant in the judgment; and
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[(C)
100 percent of the exemplary or additional
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damages to be awarded to the claimant in the judgment; and
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[(2)
subtracting from the amount determined under
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Subdivision (1) the amount of any statutory or contractual liens in
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connection with the occurrences or incidents giving rise to the
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claim.] |
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ARTICLE 5. DESIGNATION OF RESPONSIBLE THIRD PARTIES |
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SECTION 5.01. Section 33.004, Civil Practice and Remedies |
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Code, is amended by adding subsection (d) to read as follows: |
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(d) A defendant may not designate a person as a responsible |
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third party with respect to a claimant's cause of action after the |
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applicable limitations period on the cause of action has expired |
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with respect to the responsible third party if the defendant has |
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failed to comply with its obligations, if any, to timely disclose |
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that the person may be designated as a responsible third party under |
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the Texas Rules of Civil Procedure. |
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SECTION 5.02. Section 33.004(e), Civil Practice and |
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Remedies Code, is repealed. |
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Article 6. EFFECTIVE DATE |
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SECTION 6.01. The changes in law made by this Act apply only |
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to a civil action commenced on or after the effective date of the |
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change in law as provided by this article. A civil action commenced |
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before the effective date of the change in law as provided by this |
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article is governed by the law in effect immediately before the |
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effective date of the change in law, and that law is continued in |
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effect for that purpose. |
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SECTION 6.02. This Act takes effect September 1, 2011. |
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