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A BILL TO BE ENTITLED
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AN ACT
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relating to the removing of the risk of breast cancer as part of a |
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woman's informed consent for an abortion. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 171.012, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 171.012. VOLUNTARY AND INFORMED CONSENT. (a) Consent |
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to an abortion is voluntary and informed only if: |
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(1) the physician who is to perform the abortion |
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informs the pregnant woman on whom the abortion is to be performed |
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of: |
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(A) the physician's name; |
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(B) the particular medical risks associated with |
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the particular abortion procedure to be employed, including, when |
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medically accurate: |
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(i) the risks of infection and hemorrhage; |
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and |
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(ii) the potential danger to a subsequent |
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pregnancy and of infertility; and
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(iii)
the possibility of increased risk of
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breast cancer following an induced abortion and the natural
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protective effect of a completed pregnancy in avoiding breast
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cancer;
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(C) the probable gestational age of the unborn |
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child at the time the abortion is to be performed; and |
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(D) the medical risks associated with carrying |
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the child to term; |
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(2) the physician who is to perform the abortion or the |
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physician's agent informs the pregnant woman that: |
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(A) medical assistance benefits may be available |
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for prenatal care, childbirth, and neonatal care; |
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(B) the father is liable for assistance in the |
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support of the child without regard to whether the father has |
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offered to pay for the abortion; and |
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(C) public and private agencies provide |
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pregnancy prevention counseling and medical referrals for |
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obtaining pregnancy prevention medications or devices, including |
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emergency contraception for victims of rape or incest; |
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(3) the physician who is to perform the abortion or the |
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physician's agent: |
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(A) provides the pregnant woman with the printed |
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materials described by Section 171.014; and |
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(B) informs the pregnant woman that those |
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materials: |
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(i) have been provided by the Department of |
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State Health Services; |
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(ii) are accessible on an Internet website |
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sponsored by the department; |
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(iii) describe the unborn child and list |
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agencies that offer alternatives to abortion; and |
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(iv) include a list of agencies that offer |
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sonogram services at no cost to the pregnant woman; |
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(4) before any sedative or anesthesia is administered |
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to the pregnant woman and at least 24 hours before the abortion or |
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at least two hours before the abortion if the pregnant woman waives |
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this requirement by certifying that she currently lives 100 miles |
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or more from the nearest abortion provider that is a facility |
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licensed under Chapter 245 or a facility that performs more than 50 |
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abortions in any 12-month period: |
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(A) the physician who is to perform the abortion |
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or an agent of the physician who is also a sonographer certified by |
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a national registry of medical sonographers performs a sonogram on |
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the pregnant woman on whom the abortion is to be performed; |
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(B) the physician who is to perform the abortion |
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displays the sonogram images in a quality consistent with current |
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medical practice in a manner that the pregnant woman may view them; |
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(C) the physician who is to perform the abortion |
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provides, in a manner understandable to a layperson, a verbal |
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explanation of the results of the sonogram images, including a |
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medical description of the dimensions of the embryo or fetus, the |
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presence of cardiac activity, and the presence of external members |
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and internal organs; and |
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(D) the physician who is to perform the abortion |
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or an agent of the physician who is also a sonographer certified by |
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a national registry of medical sonographers makes audible the heart |
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auscultation for the pregnant woman to hear, if present, in a |
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quality consistent with current medical practice and provides, in a |
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manner understandable to a layperson, a simultaneous verbal |
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explanation of the heart auscultation; |
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(5) before receiving a sonogram under Subdivision |
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(4)(A) and before the abortion is performed and before any sedative |
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or anesthesia is administered, the pregnant woman completes and |
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certifies with her signature an election form that states as |
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follows: |
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"ABORTION AND SONOGRAM ELECTION |
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(1) THE INFORMATION AND PRINTED MATERIALS DESCRIBED BY |
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SECTIONS 171.012(a)(1)-(3), TEXAS HEALTH AND SAFETY CODE, HAVE BEEN |
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PROVIDED AND EXPLAINED TO ME. |
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(2) I UNDERSTAND THE NATURE AND CONSEQUENCES OF AN |
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ABORTION. |
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(3) TEXAS LAW REQUIRES THAT I RECEIVE A SONOGRAM PRIOR |
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TO RECEIVING AN ABORTION. |
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(4) I UNDERSTAND THAT I HAVE THE OPTION TO VIEW THE |
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SONOGRAM IMAGES. |
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(5) I UNDERSTAND THAT I HAVE THE OPTION TO HEAR THE |
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HEARTBEAT. |
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(6) I UNDERSTAND THAT I AM REQUIRED BY LAW TO HEAR AN |
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EXPLANATION OF THE SONOGRAM IMAGES UNLESS I CERTIFY IN WRITING TO |
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ONE OF THE FOLLOWING: |
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___ I AM PREGNANT AS A RESULT OF A SEXUAL ASSAULT, INCEST, OR |
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OTHER VIOLATION OF THE TEXAS PENAL CODE THAT HAS BEEN REPORTED TO |
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LAW ENFORCEMENT AUTHORITIES OR THAT HAS NOT BEEN REPORTED BECAUSE I |
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REASONABLY BELIEVE THAT DOING SO WOULD PUT ME AT RISK OF RETALIATION |
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RESULTING IN SERIOUS BODILY INJURY. |
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___ I AM A MINOR AND OBTAINING AN ABORTION IN ACCORDANCE WITH |
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JUDICIAL BYPASS PROCEDURES UNDER CHAPTER 33, TEXAS FAMILY CODE. |
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___ MY FETUS HAS AN IRREVERSIBLE MEDICAL CONDITION OR |
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ABNORMALITY, AS IDENTIFIED BY RELIABLE DIAGNOSTIC PROCEDURES AND |
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DOCUMENTED IN MY MEDICAL FILE. |
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(7) I AM MAKING THIS ELECTION OF MY OWN FREE WILL AND |
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WITHOUT COERCION. |
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(8) FOR A WOMAN WHO LIVES 100 MILES OR MORE FROM THE |
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NEAREST ABORTION PROVIDER THAT IS A FACILITY LICENSED UNDER CHAPTER |
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245 OR A FACILITY THAT PERFORMS MORE THAN 50 ABORTIONS IN ANY |
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12-MONTH PERIOD ONLY: |
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I CERTIFY THAT, BECAUSE I CURRENTLY LIVE 100 MILES OR |
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MORE FROM THE NEAREST ABORTION PROVIDER THAT IS A FACILITY LICENSED |
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UNDER CHAPTER 245 OR A FACILITY THAT PERFORMS MORE THAN 50 ABORTIONS |
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IN ANY 12-MONTH PERIOD, I WAIVE THE REQUIREMENT TO WAIT 24 HOURS |
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AFTER THE SONOGRAM IS PERFORMED BEFORE RECEIVING THE ABORTION |
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PROCEDURE. MY PLACE OF RESIDENCE IS: __________. |
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______________________________ |
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SIGNATUREDATE"; |
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(6) before the abortion is performed, the physician |
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who is to perform the abortion receives a copy of the signed, |
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written certification required by Subdivision (5); and |
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(7) the pregnant woman is provided the name of each |
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person who provides or explains the information required under this |
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subsection. |
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(a-1) During a visit made to a facility to fulfill the |
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requirements of Subsection (a), the facility and any person at the |
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facility may not accept any form of payment, deposit, or exchange or |
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make any financial agreement for an abortion or abortion-related |
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services other than for payment of a service required by Subsection |
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(a). The amount charged for a service required by Subsection (a) may |
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not exceed the reimbursement rate established for the service by |
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the Health and Human Services Commission for statewide medical |
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reimbursement programs. |
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(b) The information required to be provided under |
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Subsections (a)(1) and (2) may not be provided by audio or video |
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recording and must be provided at least 24 hours before the abortion |
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is to be performed: |
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(1) orally and in person in a private and confidential |
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setting if the pregnant woman currently lives less than 100 miles |
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from the nearest abortion provider that is a facility licensed |
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under Chapter 245 or a facility that performs more than 50 abortions |
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in any 12-month period; or |
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(2) orally by telephone or in person in a private and |
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confidential setting if the pregnant woman certifies that the woman |
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currently lives 100 miles or more from the nearest abortion |
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provider that is a facility licensed under Chapter 245 or a facility |
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that performs more than 50 abortions in any 12-month period. |
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(c) When providing the information under Subsection (a)(3), |
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the physician or the physician's agent must provide the pregnant |
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woman with the address of the Internet website on which the printed |
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materials described by Section 171.014 may be viewed as required by |
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Section 171.014(e). |
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(d) The information provided to the woman under Subsection |
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(a)(2)(B) must include, based on information available from the |
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Office of the Attorney General and the United States Department of |
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Health and Human Services Office of Child Support Enforcement for |
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the three-year period preceding the publication of the information, |
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information regarding the statistical likelihood of collecting |
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child support. |
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(e) The department is not required to republish |
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informational materials described by Subsection (a)(2)(B) because |
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of a change in information described by Subsection (d) unless the |
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statistical information in the materials changes by five percent or |
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more. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |