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AN ACT
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relating to the regulation by the Texas Department of Licensing and |
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Regulation of the application of eyelash extensions and private |
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beauty culture schools; providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1602.002(a), Occupations Code, is |
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amended to read as follows: |
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(a) In this chapter, "cosmetology" means the practice of |
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performing or offering to perform for compensation any of the |
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following services: |
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(1) treating a person's hair by: |
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(A) providing any method of treatment as a |
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primary service, including arranging, beautifying, bleaching, |
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cleansing, coloring, cutting, dressing, dyeing, processing, |
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shampooing, shaping, singeing, straightening, styling, tinting, or |
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waving; |
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(B) providing a necessary service that is |
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preparatory or ancillary to a service under Paragraph (A), |
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including bobbing, clipping, cutting, or trimming; or |
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(C) cutting the person's hair as a separate and |
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independent service for which a charge is directly or indirectly |
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made separately from charges for any other service; |
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(2) weaving or braiding a person's hair; |
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(3) shampooing and conditioning a person's hair; |
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(4) servicing a person's wig or artificial hairpiece |
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on a person's head or on a block after the initial retail sale and |
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servicing in any manner listed in Subdivision (1); |
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(5) treating a person's mustache or beard by |
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arranging, beautifying, coloring, processing, styling, or |
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trimming; |
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(6) cleansing, stimulating, or massaging a person's |
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scalp, face, neck, or arms: |
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(A) by hand or by using a device, apparatus, or |
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appliance; and |
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(B) with or without the use of any cosmetic |
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preparation, antiseptic, tonic, lotion, or cream; |
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(7) beautifying a person's face, neck, or arms using a |
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cosmetic preparation, antiseptic, tonic, lotion, powder, oil, |
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clay, cream, or appliance; |
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(8) administering facial treatments; |
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(9) removing superfluous hair from a person's body |
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using depilatories or mechanical tweezers; |
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(10) treating a person's nails by: |
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(A) cutting, trimming, polishing, tinting, |
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coloring, cleansing, or manicuring; or |
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(B) attaching false nails; [or] |
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(11) massaging, cleansing, treating, or beautifying a |
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person's hands or feet; or |
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(12) applying semipermanent, thread-like extensions |
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composed of single fibers to a person's eyelashes. |
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SECTION 2. Section 1602.255(c), Occupations Code, is |
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amended to read as follows: |
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(c) The commission shall adopt rules for the licensing of |
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specialty instructors to teach specialty courses in the practice of |
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cosmetology defined in Sections 1602.002(a)(7) [1602.002(7)], (9), |
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[and] (10), and (12). |
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SECTION 3. Section 1602.257(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person holding a facialist specialty license may |
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perform only the practice of cosmetology defined in Sections |
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1602.002(a)(6), (7), (8), [through] (9), and (12). |
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SECTION 4. Subchapter F, Chapter 1602, Occupations Code, is |
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amended by adding Sections 1602.2571 and 1602.2572 to read as |
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follows: |
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Sec. 1602.2571. ELIGIBILITY FOR A SPECIALTY LICENSE IN |
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EYELASH EXTENSION APPLICATION. (a) A person holding a specialty |
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license in eyelash extension application may perform only the |
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practice of cosmetology defined in Section 1602.002(a)(12). |
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(b) To be eligible for a specialty license in eyelash |
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extension application, an applicant must: |
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(1) be at least 17 years of age; |
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(2) have obtained a high school diploma or the |
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equivalent of a high school diploma or have passed a valid |
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examination administered by a certified testing agency that |
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measures the person's ability to benefit from training; and |
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(3) have completed a training program described by |
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Section 1602.2572 that has been approved by the commission. |
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Sec. 1602.2572. EYELASH EXTENSION APPLICATION TRAINING |
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PROGRAM. (a) An eyelash extension application training program |
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must include at least 320 hours of classroom instruction and |
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practical experience, including at least eight hours of theoretical |
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instruction, and include instruction in the following areas: |
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(1) recognizing infectious or contagious diseases of |
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the eye and allergic reactions to materials; |
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(2) proper sanitation practices; |
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(3) occupational health and safety practices; |
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(4) eyelash extension application procedures; and |
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(5) eyelash extension isolation and separation |
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procedures. |
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(b) An instructor at an eyelash extension application |
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training program must comply with Section 1602.251(b). |
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(c) The commission shall adopt rules regarding eyelash |
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extension application training programs and may establish or |
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designate approved training programs. |
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SECTION 5. Section 1602.262(a), Occupations Code, is |
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amended to read as follows: |
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(a) An applicant for an operator license, instructor |
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license, manicurist specialty license, [or] facialist specialty |
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license, or specialty license in eyelash extension application is |
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entitled to the license if the applicant: |
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(1) meets the applicable eligibility requirements; |
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(2) passes the applicable examination; |
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(3) pays the required fee; and |
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(4) has not committed an act that constitutes a ground |
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for denial of the license. |
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SECTION 6. Sections 1602.303(a) and (b), Occupations Code, |
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are amended to read as follows: |
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(a) A person holding a private beauty culture school license |
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may maintain an establishment in which any practice of cosmetology |
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is taught, including providing an eyelash extension application |
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training program described by Section 1602.2572. |
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(b) An application for a private beauty culture school |
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license must be accompanied by the required license fee and |
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inspection fee and: |
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(1) be on a form prescribed by the department; |
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(2) be verified by the applicant; and |
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(3) contain a statement that the building: |
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(A) is of permanent construction and is divided |
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into at least two separate areas: |
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(i) one area for instruction in theory; and |
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(ii) one area for clinic work; |
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(B) contains a minimum of: |
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(i) 2,000 [3,500] square feet of floor |
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space if the building is located in a municipality with a population |
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of more than 50,000; or |
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(ii) 1,000 square feet of floor space if the |
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building is located in a municipality with a population of 50,000 or |
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less; |
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(C) has access to permanent [separate] restrooms |
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and adequate drinking fountain facilities [for male and female
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students]; and |
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(D) contains, or will contain before classes |
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begin, the equipment established by commission rule as sufficient |
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to properly instruct a minimum of 10 [50] students. |
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SECTION 7. Section 1602.305(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person holding a specialty shop license may maintain |
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an establishment in which only the practice of cosmetology as |
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defined in Section 1602.002(a)(2) [1602.002(2)], (4), (7), (9), |
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[or] (10), or (12) is performed. |
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SECTION 8. (a) The Texas Department of Licensing and |
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Regulation shall issue a specialty license in eyelash extension |
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application under Section 1602.2571, Occupations Code, as added by |
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this Act, to an applicant who: |
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(1) submits an application on a form prescribed by the |
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department not later than April 1, 2012; |
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(2) meets the eligibility requirements of Sections |
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1602.2571(b)(1) and (2), Occupations Code, as added by this Act; |
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(3) submits proof of either: |
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(A) successful completion of a training program |
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provided by an eyelash extension manufacturer or distributor that |
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is approved by the department; or |
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(B) completion of at least 240 hours of |
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verifiable practical experience performing the practice of |
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cosmetology defined in Section 1602.002(a)(12), Occupations Code, |
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as added by this Act, at a facility licensed under this chapter; and |
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(4) pays the required application fee. |
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(b) A license issued under this section may be renewed in |
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the same manner as a specialty license in eyelash extension |
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application issued under Section 1602.2571, Occupations Code, as |
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added by this Act. |
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(c) This section expires March 1, 2013. |
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SECTION 9. (a) Not later than February 1, 2012, the Texas |
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Commission of Licensing and Regulation shall adopt rules to |
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implement Sections 1602.2571 and 1602.2572, Occupations Code, as |
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added by this Act, and Section 8 of this Act. |
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(b) A person is not required to hold a specialty license in |
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eyelash extension application issued under Section 1602.2571, |
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Occupations Code, as added by this Act, until June 1, 2012. |
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SECTION 10. The changes in law made by this Act to Section |
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1602.303, Occupations Code, apply only to an application for a |
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private beauty culture school license that is filed with the Texas |
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Department of Licensing and Regulation on or after the effective |
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date of this Act. An application that is filed before the effective |
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date of this Act is governed by the law in effect on the date the |
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application was filed, and the former law is continued in effect for |
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that purpose. |
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SECTION 11. 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, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2727 was passed by the House on May 3, |
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2011, by the following vote: Yeas 127, Nays 17, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2727 was passed by the Senate on May |
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19, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |