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|
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A BILL TO BE ENTITLED
|
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AN ACT
|
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relating to an average pay increase for public school classroom |
|
teachers, the creation of certain teacher designations, and a |
|
teacher quality allotment under the Foundation School Program; |
|
authorizing the imposition of a fee. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 12.104, Education Code, is amended by |
|
adding Subsection (b-4) to read as follows: |
|
(b-4) An open-enrollment charter school is subject to the |
|
average annual pay increase requirement under Section 21.416. This |
|
subsection expires September 1, 2034. |
|
SECTION 2. Section 21.042, Education Code, is amended to |
|
read as follows: |
|
Sec. 21.042. APPROVAL OF RULES. (a) Except as provided by |
|
Subsection (b), the [The] State Board for Educator Certification |
|
must submit a written copy of each rule it proposes to adopt to the |
|
State Board of Education for review. The State Board of Education |
|
may reject a proposed rule by a vote of at least two-thirds of the |
|
members of the board present and voting. If the State Board of |
|
Education fails to reject a proposal before the 90th day after the |
|
date on which it receives the proposal, the proposal takes effect as |
|
a rule of the State Board for Educator Certification as provided by |
|
Chapter 2001, Government Code. The State Board of Education may not |
|
modify a rule proposed by the State Board for Educator |
|
Certification. |
|
(b) Rules adopted by the State Board for Educator |
|
Certification under Subchapter P are not subject to Subsection (a). |
|
SECTION 3. Subchapter B, Chapter 21, Education Code, is |
|
amended by adding Section 21.063 to read as follows: |
|
Sec. 21.063. LEGACY MASTER TEACHER CERTIFICATIONS. (a) |
|
The board shall recognize a master teacher certificate issued under |
|
former Section 21.0481, 21.0482, 21.0483, or 21.0484 until the |
|
certificate expires. The board shall note a designation of |
|
"legacy" on the certificate. |
|
(b) A master teacher certificate described by Subsection |
|
(a) does not generate funding under Section 42.162. |
|
SECTION 4. Subchapter I, Chapter 21, Education Code, is |
|
amended by adding Section 21.4025 to read as follows: |
|
Sec. 21.4025. COMMISSIONER ASSISTANCE. The commissioner |
|
shall provide assistance to school districts in implementing |
|
compensation structures that satisfy all applicable legal |
|
requirements, including requirements imposed under Section 42.162. |
|
SECTION 5. Subchapter I, Chapter 21, Education Code, is |
|
amended by adding Section 21.416 to read as follows: |
|
Sec. 21.416. AVERAGE PAY INCREASES FOR CLASSROOM TEACHERS. |
|
(a) In this section, "pay" includes salary, stipends, and other |
|
monetary disbursements made to a classroom teacher. The term does |
|
not include benefits or other payments made by the school district |
|
or open-enrollment charter school for the benefit of the teacher. |
|
(b) Except as provided by Subsection (c), beginning with the |
|
2021-2022 school year, and subsequently occurring every other |
|
school year, each school district and open-enrollment charter |
|
school must ensure that the average annual pay for classroom |
|
teachers employed at the district or school is at least $1,000 more |
|
than the average annual pay for classroom teachers employed at that |
|
district or school during the school year immediately preceding the |
|
previous school year. |
|
(b-1) Notwithstanding Subsection (b), for the 2019-2020 |
|
school year, each school district and open-enrollment charter |
|
school must ensure that the average annual pay for classroom |
|
teachers employed at the district or school is at least $1,000 more |
|
than the average annual pay for classroom teachers employed at that |
|
district or school during the 2016-2017 school year. This |
|
subsection expires September 1, 2021. |
|
(c) Beginning with the 2021-2022 school year, if the average |
|
annual pay for classroom teachers employed at a school district or |
|
open-enrollment charter school is equal to or greater than $51,000, |
|
the district or school is not subject to Subsection (b). |
|
(d) Except as provided by Subsection (e), if a school |
|
district or open-enrollment charter school fails to satisfy the |
|
average annual pay requirement under this section for a school |
|
year, the commissioner shall recover funds from the district or |
|
school in an amount equal to the number of classroom teachers |
|
employed at the district or school for that school year multiplied |
|
by the difference between the average annual pay for classroom |
|
teachers required under this section for that school year and the |
|
average annual pay for classroom teachers provided by the district |
|
or school for that school year. The commissioner shall recover the |
|
funds in the same manner that overallocated funds are recovered |
|
under Section 42.258 or Subchapter D, Chapter 12, or by adjusting |
|
the amount necessary for a district to comply with the requirements |
|
of Chapter 41. |
|
(e) The commissioner may not recover funds under Subsection |
|
(d) if the commissioner determines that: |
|
(1) the budget of the school district or |
|
open-enrollment charter school complied with the average annual pay |
|
requirement but subsequent changes in employment that could not be |
|
reasonably anticipated resulted in the failure to satisfy that |
|
requirement; |
|
(2) the school district or open-enrollment charter |
|
school was provided less total state and local funding under the |
|
Foundation School Program for maintenance and operations for the |
|
school year for which the district or school is subject to recovery |
|
of funds under Subsection (d) than the total state and local funding |
|
provided for the school year immediately preceding the previous |
|
school year; |
|
(3) the school district or open-enrollment charter |
|
school has a reasonable expectation of a decrease in total revenue |
|
due to circumstances not anticipated in estimates adopted by the |
|
state; or |
|
(4) the estimated amount of state and local funding |
|
per student in weighted average daily attendance to be provided to |
|
the school district or open-enrollment charter school under the |
|
Foundation School Program for maintenance and operations for the |
|
school year for which the district or school is subject to recovery |
|
of funds under Subsection (d) is equal to or less than the amount of |
|
state and local funding provided to the district or school for the |
|
school year immediately preceding the previous school year. |
|
(f) As required by the commissioner, each school district |
|
and open-enrollment charter school shall report information |
|
relating to compliance with this section. |
|
(g) The commissioner may only adopt rules under this section |
|
using the negotiated rulemaking procedures under Chapter 2008, |
|
Government Code, including rules determining which classroom |
|
teachers and what types of pay must be included in determining |
|
compliance with this section. |
|
(h) This section expires September 1, 2034. |
|
SECTION 6. Chapter 21, Education Code, is amended by adding |
|
Subchapter P to read as follows: |
|
SUBCHAPTER P. ACCOMPLISHED, DISTINGUISHED, AND MASTER TEACHER |
|
DESIGNATIONS |
|
Sec. 21.751. ACCOMPLISHED TEACHER DESIGNATION. (a) The |
|
State Board for Educator Certification shall issue an accomplished |
|
teacher designation on the certificate of each teacher that |
|
qualifies as provided by Subsection (b). |
|
(b) To qualify for an accomplished teacher designation, a |
|
person must hold: |
|
(1) an eligible teaching certificate issued under |
|
Subchapter B; and |
|
(2) a National Board Certification issued by the |
|
National Board for Professional Teaching Standards. |
|
(c) An accomplished teacher designation must expire not |
|
later than the 10th year after the date the designation is issued. |
|
Sec. 21.752. DISTINGUISHED TEACHER DESIGNATION. (a) The |
|
State Board for Educator Certification may issue a distinguished |
|
teacher designation on the certificate of a teacher that qualifies |
|
as provided by Subsection (b). |
|
(b) To qualify for a distinguished teacher designation, a |
|
person must: |
|
(1) meet the criteria described by Section 21.751; |
|
(2) submit evidence of providing leadership to other |
|
classroom teachers, including letters of recommendation from: |
|
(A) the principal of the school at which the |
|
person is currently employed; and |
|
(B) two classroom teachers employed at the same |
|
school as the person during the preceding two school years; |
|
(3) be nominated by the school district or |
|
open-enrollment charter school at which the person is employed with |
|
nomination materials that include: |
|
(A) student performance information that |
|
provides an analysis of the growth of the teacher's students in each |
|
of the most recent three school years; and |
|
(B) an affirmation that the nominee has reviewed |
|
that student performance information; and |
|
(4) have performed in the top 25 percent, or the |
|
percentage adopted by the commissioner under Section 21.754(b), of |
|
classroom teachers in the state in a similar certification field in |
|
student growth averaged over the most recent three school years. |
|
(c) A distinguished teacher designation must expire not |
|
later than the fifth year after the date the designation is issued. |
|
Sec. 21.753. MASTER TEACHER DESIGNATION. (a) The State |
|
Board for Educator Certification may issue a master teacher |
|
designation on the certificate of a teacher that qualifies as |
|
provided by Subsection (b). |
|
(b) To qualify for a master teacher designation, a person |
|
must: |
|
(1) meet the criteria described by Section 21.752; and |
|
(2) have performed in the top five percent, or the |
|
percentage adopted by the commissioner under Section 21.754(b), of |
|
classroom teachers in the state in a similar certification field in |
|
student growth averaged over the most recent three school years. |
|
(c) A master teacher designation must expire not later than |
|
the fifth year after the date the designation is issued. |
|
Sec. 21.754. ELIGIBILITY FOR DISTINGUISHED AND MASTER |
|
TEACHER DESIGNATIONS. (a) The commissioner shall establish |
|
eligibility criteria required for designation as a distinguished or |
|
master teacher, including performance metrics, qualifying |
|
evidence, and standards for comparing teachers in similar |
|
certification fields. |
|
(b) The commissioner may: |
|
(1) adjust the percentages required under Sections |
|
21.752 and 21.753 for a classroom teacher to qualify for a |
|
distinguished or master teacher designation; and |
|
(2) develop methods to incorporate, use, or substitute |
|
locally developed classroom teacher performance review systems |
|
that use a target distribution model to determine if a teacher |
|
satisfies the required criteria. |
|
(c) The commissioner shall use the negotiated rulemaking |
|
procedures under Chapter 2008, Government Code, and solicit input |
|
from educators and experts in the field of education in determining |
|
eligibility criteria under Subsection (a) and making any |
|
adjustments to required percentages under Subsection (b)(1). |
|
(d) The commissioner shall appoint a peer review panel to |
|
evaluate if an applicant has satisfied the requirements for a |
|
distinguished or master teacher designation under Section 21.752 or |
|
21.753. A majority of the panel must consist of teachers with a |
|
master teacher designation as soon as a sufficient number of |
|
teachers with that designation exist. |
|
Sec. 21.755. NOMINATIONS FOR DISTINGUISHED AND MASTER |
|
TEACHER DESIGNATIONS. (a) To nominate a person as a distinguished |
|
or master teacher under Section 21.752 or 21.753, the |
|
superintendent of the school district at which the teacher is |
|
employed or the superintendent or administrator serving as |
|
educational leader and chief executive officer of the |
|
open-enrollment charter school at which the teacher is employed |
|
must submit a letter, including the nomination materials required |
|
under Section 21.752(b)(3), to the State Board for Educator |
|
Certification. |
|
(b) During the first school year for which a distinguished |
|
or master teacher designation is available in a particular |
|
certification field, a school district or open-enrollment charter |
|
school may nominate for both designations no more than two and |
|
one-half percent of the district's or school's classroom teachers |
|
who work in that certification field. Each subsequent school year, |
|
the district or school may nominate not more than five percent of |
|
the district's or school's classroom teachers, excluding |
|
nominations for the renewal of a distinguished or master teacher |
|
designation. |
|
(c) On request by the school district or open-enrollment |
|
charter school nominating a teacher under this section, any other |
|
school district or open-enrollment charter school shall, in a |
|
manner that complies with the Family Educational Rights and Privacy |
|
Act of 1974 (20 U.S.C. Section 1232g), provide to the nominating |
|
district or school student performance information that is required |
|
for the nominating district or school to submit a nomination. |
|
Information provided to a nominating district or school under this |
|
subsection is confidential. |
|
Sec. 21.756. MULTIPLE DESIGNATIONS PROHIBITED. A person |
|
may only hold one teacher designation under this subchapter at any |
|
time. |
|
Sec. 21.757. INFORMATION RELATING TO TEACHER AND STUDENT |
|
PERFORMANCE. (a) The State Board for Educator Certification, the |
|
agency, and a peer review panel appointed under Section 21.754(d) |
|
may access information required to make an eligibility |
|
determination under this subchapter, including information from |
|
the school district or open-enrollment charter school at which the |
|
teacher is or was employed relating to the performance of the |
|
teacher's current or previous students. Information otherwise |
|
confidential remains confidential and is not subject to Chapter 551 |
|
or 552, Government Code. |
|
(b) The agency shall collect information necessary to |
|
implement this subchapter, which may include student performance |
|
information for a sample of students across the state. |
|
(c) A school district or open-enrollment charter school |
|
shall provide any information required under this subchapter. |
|
Sec. 21.758. FEES. (a) The State Board for Educator |
|
Certification may adopt fees to implement this subchapter. |
|
(b) A school district or open-enrollment charter school may |
|
pay any fee adopted by the State Board for Educator Certification |
|
for a classroom teacher employed at the district or school to pursue |
|
a teacher designation under this subchapter. |
|
Sec. 21.759. STUDENT PERFORMANCE STUDY. (a) The |
|
commissioner shall periodically conduct a study using an external |
|
organization to determine the impact of the teacher designations |
|
issued under this subchapter on student performance. |
|
(b) The commissioner shall make recommendations as |
|
necessary to the State Board for Educator Certification, the |
|
governor, and the legislature to improve the quality of and impact |
|
on student performance of teacher designations issued under this |
|
subchapter. |
|
Sec. 21.760. RULES. (a) The State Board for Educator |
|
Certification may adopt rules to implement this subchapter. |
|
(b) The commissioner may adopt rules to implement the |
|
requirements imposed on the commissioner or agency under this |
|
subchapter. |
|
(c) The State Board for Educator Certification and the |
|
commissioner shall use the negotiated rulemaking procedures under |
|
Chapter 2008, Government Code, to implement any rules under this |
|
subchapter. |
|
Sec. 21.761. TEACHER DESIGNATION FEES. (a) A fee adopted |
|
by the State Board for Educator Certification for the period |
|
beginning September 1, 2017, and ending August 31, 2020, to |
|
implement the teacher designations under this subchapter is not |
|
subject to Sections 2001.0045 and 2001.0221, Government Code. |
|
(b) This section expires September 1, 2020. |
|
SECTION 7. Subchapter C, Chapter 42, Education Code, is |
|
amended by adding Section 42.162 to read as follows: |
|
Sec. 42.162. TEACHER QUALITY ALLOTMENT. (a) In this |
|
section, "pay" has the meaning assigned by Section 21.416. |
|
(b) A school district, including a school district that is |
|
otherwise ineligible for state aid under this chapter, and an |
|
open-enrollment charter school are entitled to an allotment in an |
|
amount equal to the sum of the product of $4,000 multiplied by: |
|
(1) the number of full-time equivalent classroom |
|
teachers with an accomplished teacher designation under Section |
|
21.751 employed by the district or school; |
|
(2) the number of full-time equivalent classroom |
|
teachers with a distinguished teacher designation under Section |
|
21.752 employed by the district or school; and |
|
(3) the number of full-time equivalent classroom |
|
teachers with a master teacher designation under Section 21.753 |
|
employed by the district or school. |
|
(c) Instead of the amounts provided by Subsection (b), for |
|
each qualifying full-time equivalent classroom teacher who is |
|
assigned by a school district or open-enrollment charter school to |
|
a campus at which a majority of students are educationally |
|
disadvantaged or who is employed by a school district or |
|
open-enrollment charter school that qualifies as rural, as |
|
determined by the commissioner, the district or school may elect to |
|
receive the following funding amounts: |
|
(1) $8,000 for each full-time equivalent classroom |
|
teacher with a distinguished teacher designation under Section |
|
21.752 employed by the district or school; and |
|
(2) $20,000 for each full-time equivalent classroom |
|
teacher with a master teacher designation under Section 21.753 |
|
employed by the district or school. |
|
(d) If a school district or open-enrollment charter school |
|
that is exempt from the average pay increase under Section |
|
21.416(c) elects to receive funding under Subsection (c) of this |
|
section, the district or school must ensure that: |
|
(1) not later than the third school year after the |
|
school year in which this subsection applies and the district or |
|
school receives funding under Subsection (c), the average annual |
|
pay of classroom teachers for whom the district or school receives |
|
funding under Subsection (c)(1) is at least $68,000; and |
|
(2) not later than the fifth school year after the |
|
school year in which this subsection applies and the district or |
|
school receives funding under Subsection (c), the average annual |
|
pay of classroom teachers for whom the district or school receives |
|
funding under Subsection (c)(2) is at least $85,000. |
|
(d-1) Subsection (d) and this subsection expire September |
|
1, 2034. |
|
(e) Beginning with the 2034-2035 school year, a school |
|
district or open-enrollment charter school that elects to receive |
|
funding under Subsection (c) must ensure that: |
|
(1) not later than the third school year after the year |
|
in which this subsection applies and the district or school |
|
receives funding under Subsection (c), the average annual pay of |
|
classroom teachers for whom the district or school receives funding |
|
under Subsection (c)(1) is at least $68,000; and |
|
(2) not later than the fifth school year after the year |
|
in which this subsection applies and the district or school |
|
receives funding under Subsection (c), the average annual pay of |
|
classroom teachers for whom the district or school receives funding |
|
under Subsection (c)(2) is at least $85,000. |
|
(f) Except as provided by Subsection (g), a school district |
|
or open-enrollment charter school is not eligible for funding under |
|
Subsection (c) if the commissioner determines that the district or |
|
school has not met applicable average pay requirements under this |
|
section. The commissioner may restore funding eligibility to the |
|
district or school on proof of compliance with applicable average |
|
pay requirements. |
|
(g) The commissioner may not deny eligibility of a school |
|
district or open-enrollment charter school for funding under |
|
Subsection (c) if the commissioner determines that: |
|
(1) the budget of the school district or |
|
open-enrollment charter school complied with applicable average |
|
pay requirements under this section but subsequent changes in |
|
employment that could not be reasonably anticipated resulted in the |
|
failure to satisfy that requirement; |
|
(2) the school district or open-enrollment charter |
|
school was provided less total state and local funding under the |
|
Foundation School Program for maintenance and operations for the |
|
school year for which the district or school is subject to |
|
applicable average pay requirements under this section than the |
|
amount of state and local funding provided to the district or school |
|
for the previous school year; or |
|
(3) the school district or open-enrollment charter |
|
school has a reasonable expectation of a decrease in total revenue |
|
due to circumstances not anticipated in estimates adopted by the |
|
state. |
|
(h) Funding under this section may be provided to a school |
|
district or open-enrollment charter school only for: |
|
(1) the highest funding category for which a classroom |
|
teacher qualifies; and |
|
(2) if funding is provided under Subsection (c), |
|
qualifying classroom teachers for which the district or school |
|
applies. |
|
(i) The commissioner may adopt rules under this section |
|
using the negotiated rulemaking procedures under Chapter 2008, |
|
Government Code, including rules determining: |
|
(1) proration for classroom teachers who qualify under |
|
this section and who were employed by a school district or |
|
open-enrollment charter school for less than a full school year; |
|
and |
|
(2) which classroom teachers and what types of pay |
|
must be included to comply with applicable average pay requirements |
|
under this section. |
|
SECTION 8. Subchapter E, Chapter 42, Education Code, is |
|
amended by adding Section 42.25131 to read as follows: |
|
Sec. 42.25131. ADVANCE PAYMENT FOR PURSUIT OF ACCOMPLISHED |
|
TEACHER DESIGNATION. (a) The commissioner shall grant a school |
|
district or open-enrollment charter school an advance payment from |
|
the Foundation School Program in an amount equal to $1,900 per |
|
classroom teacher for whom the district or school submits a request |
|
to the agency. An advance payment made under this section may only |
|
be used to pursue an accomplished teacher designation for a teacher |
|
under Section 21.751 for the first time. |
|
(b) The school district or open-enrollment charter school |
|
shall repay the amount of the advance payment in equal installments |
|
over the three school years following the school year in which the |
|
advance payment is received. |
|
(c) For each classroom teacher for whom a school district or |
|
open-enrollment charter school receives funding under this section |
|
and who does not receive an accomplished teacher designation under |
|
Section 21.751 by the end of the fourth school year after the |
|
district received funding, the district or school shall pay to the |
|
Foundation School Program an additional $300. |
|
(d) The commissioner may modify the advance payment program |
|
under this section, including modifications to funding |
|
entitlements to and amounts owed by a school district or |
|
open-enrollment charter school because of a classroom teacher |
|
leaving employment at the district or school before the expiration |
|
of the time periods established under this section. |
|
(e) The commissioner may adopt rules to implement this |
|
section using the negotiated rulemaking procedures under Chapter |
|
2008, Government Code. |
|
SECTION 9. Effective September 1, 2019, Section 42.302(a), |
|
Education Code, is amended to read as follows: |
|
(a) Each school district is guaranteed a specified amount |
|
per weighted student in state and local funds for each cent of tax |
|
effort over that required for the district's local fund assignment |
|
up to the maximum level specified in this subchapter. The amount of |
|
state support, subject only to the maximum amount under Section |
|
42.303, is determined by the formula: |
|
GYA = (GL X WADA X DTR X 100) - LR |
|
where: |
|
"GYA" is the guaranteed yield amount of state funds to be |
|
allocated to the district; |
|
"GL" is the dollar amount guaranteed level of state and local |
|
funds per weighted student per cent of tax effort, which is an |
|
amount described by Subsection (a-1) or a greater amount for any |
|
year provided by appropriation; |
|
"WADA" is the number of students in weighted average daily |
|
attendance, which is calculated by dividing the sum of the school |
|
district's allotments under Subchapters B and C, less any allotment |
|
to the district for transportation, any allotment under Section |
|
42.158, [or] 42.160, or 42.162, and 50 percent of the adjustment |
|
under Section 42.102, by the basic allotment for the applicable |
|
year; |
|
"DTR" is the district enrichment tax rate of the school |
|
district, which is determined by subtracting the amounts specified |
|
by Subsection (b) from the total amount of maintenance and |
|
operations taxes collected by the school district for the |
|
applicable school year and dividing the difference by the quotient |
|
of the district's taxable value of property as determined under |
|
Subchapter M, Chapter 403, Government Code, or, if applicable, |
|
under Section 42.2521, divided by 100; and |
|
"LR" is the local revenue, which is determined by multiplying |
|
"DTR" by the quotient of the district's taxable value of property as |
|
determined under Subchapter M, Chapter 403, Government Code, or, if |
|
applicable, under Section 42.2521, divided by 100. |
|
SECTION 10. Section 61.0766(e), Education Code, is amended |
|
to read as follows: |
|
(e) An academy program may: |
|
(1) provide financial assistance for the purpose of |
|
allowing participants to complete the program [and obtain a master
|
|
teacher certificate under Section 21.0482, 21.0483, or 21.0484]; |
|
(2) include programs in leadership skills to develop |
|
training, mentoring, and coaching skills; |
|
(3) deliver coursework electronically for some or all |
|
of the program; and |
|
(4) provide for ongoing professional development and |
|
coordination with specific public school instructional programs. |
|
SECTION 11. The following provisions of the Education Code |
|
are repealed: |
|
(1) Section 21.0481; |
|
(2) Section 21.0482; |
|
(3) Section 21.0483; |
|
(4) Section 21.0484; |
|
(5) Section 21.410; |
|
(6) Section 21.411; |
|
(7) Section 21.412; and |
|
(8) Section 21.413. |
|
SECTION 12. The State Board for Educator Certification may |
|
not issue a new or renew a master teacher certificate issued under |
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Section 21.0481, 21.0482, 21.0483, or 21.0484, Education Code, on |
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or after the effective date of this Act. |
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SECTION 13. Sections 12.104(b-4), 21.4025, 21.416, and |
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42.162, Education Code, as added by this Act, apply beginning with |
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the 2019-2020 school year. |
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SECTION 14. Except as otherwise provided by this Act, this |
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Act takes effect immediately if it receives a vote of two-thirds of |
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all the members elected to each house, as provided by Section 39, |
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Article III, Texas Constitution. If this Act does not receive the |
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vote necessary for immediate effect, this Act takes effect December |
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1, 2017. |