| 1 | 1 | | 88R11930 MPF-D |
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| 2 | 2 | | By: Jetton H.B. No. 2072 |
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| 3 | 3 | | Substitute the following for H.B. No. 2072: |
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| 4 | 4 | | By: Klick C.S.H.B. No. 2072 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to eligibility for a grant to reduce recidivism, arrest, |
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| 10 | 10 | | and incarceration of individuals with mental illness. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 531.0993, Government Code, is amended by |
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| 13 | 13 | | amending Subsections (a), (b), (c), (c-1), (c-2), (d), (f-1), (g), |
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| 14 | 14 | | (h), and (i) and adding Subsection (a-1) to read as follows: |
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| 15 | 15 | | (a) In this section, "qualified entity" means a |
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| 16 | 16 | | county-based community collaborative or a nonprofit organization |
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| 17 | 17 | | that is exempt from federal income taxation under Section 501(a), |
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| 18 | 18 | | Internal Revenue Code of 1986, by being listed as an exempt entity |
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| 19 | 19 | | under Section 501(c)(3) of that code. |
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| 20 | 20 | | (a-1) The commission shall establish a program to provide |
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| 21 | 21 | | grants to qualified entities [county-based community |
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| 22 | 22 | | collaboratives] for the purposes of reducing: |
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| 23 | 23 | | (1) recidivism by, the frequency of arrests of, and |
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| 24 | 24 | | incarceration of persons with mental illness; and |
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| 25 | 25 | | (2) the total waiting time for forensic commitment of |
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| 26 | 26 | | persons with mental illness to a state hospital. |
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| 27 | 27 | | (b) A qualified entity that is a community collaborative may |
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| 28 | 28 | | petition the commission for a grant under the program only if the |
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| 29 | 29 | | collaborative includes a county, a local mental health authority |
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| 30 | 30 | | that operates in the county, and each hospital district, if any, |
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| 31 | 31 | | located in the county. A community collaborative may include other |
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| 32 | 32 | | local entities designated by the collaborative's members. |
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| 33 | 33 | | (c) The commission shall condition each grant provided to a |
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| 34 | 34 | | qualified entity [community collaborative] under this section on |
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| 35 | 35 | | the qualified entity [collaborative] providing funds from |
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| 36 | 36 | | non-state sources in a total amount at least equal to: |
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| 37 | 37 | | (1) 25 percent of the grant amount if the qualified |
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| 38 | 38 | | entity that is a community collaborative includes or the qualified |
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| 39 | 39 | | entity that is a nonprofit organization operates in a county with a |
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| 40 | 40 | | population of less than 100,000; |
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| 41 | 41 | | (2) 50 percent of the grant amount if the qualified |
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| 42 | 42 | | entity [collaborative] includes or operates in a county with a |
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| 43 | 43 | | population of 100,000 or more but less than 250,000; |
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| 44 | 44 | | (3) 100 percent of the grant amount if the qualified |
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| 45 | 45 | | entity [collaborative] includes or operates in a county with a |
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| 46 | 46 | | population of 250,000 or more; and |
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| 47 | 47 | | (4) the percentage of the grant amount otherwise |
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| 48 | 48 | | required by this subsection for the largest county included in the |
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| 49 | 49 | | qualified entity or within which the entity operates |
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| 50 | 50 | | [collaborative], if the qualified entity [collaborative] includes |
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| 51 | 51 | | or operates in more than one county. |
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| 52 | 52 | | (c-1) To raise the required non-state sourced funds, a |
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| 53 | 53 | | qualified entity [collaborative] may seek and receive gifts, |
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| 54 | 54 | | grants, or donations from any person. |
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| 55 | 55 | | (c-2) From [Beginning on or after September 1, 2018, from] |
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| 56 | 56 | | money appropriated to the commission for each fiscal year to |
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| 57 | 57 | | implement this section, the commission shall reserve at least 20 |
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| 58 | 58 | | percent of that total to be awarded only as grants to a qualified |
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| 59 | 59 | | entity [community collaborative] that includes or operates in a |
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| 60 | 60 | | county with a population of less than 250,000. |
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| 61 | 61 | | (d) For each state fiscal year for which a qualified entity |
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| 62 | 62 | | [community collaborative] seeks a grant, the qualified entity |
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| 63 | 63 | | [collaborative] must submit a petition to the commission not later |
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| 64 | 64 | | than the 30th day of that fiscal year. The qualified entity |
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| 65 | 65 | | [community collaborative] must include with a petition: |
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| 66 | 66 | | (1) a statement indicating the amount of funds from |
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| 67 | 67 | | non-state sources the qualified entity [collaborative] is able to |
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| 68 | 68 | | provide; and |
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| 69 | 69 | | (2) a plan that: |
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| 70 | 70 | | (A) is endorsed by each of the qualified entity's |
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| 71 | 71 | | [collaborative's] member entities, for a qualified entity that is a |
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| 72 | 72 | | community collaborative; |
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| 73 | 73 | | (B) identifies a target population; |
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| 74 | 74 | | (C) describes how the grant money and funds from |
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| 75 | 75 | | non-state sources will be used; |
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| 76 | 76 | | (D) includes outcome measures to evaluate the |
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| 77 | 77 | | success of the plan; and |
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| 78 | 78 | | (E) describes how the success of the plan in |
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| 79 | 79 | | accordance with the outcome measures would further the state's |
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| 80 | 80 | | interest in the grant program's purposes. |
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| 81 | 81 | | (f-1) To [Beginning on or after September 1, 2018, to] the |
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| 82 | 82 | | extent money appropriated to the commission for a fiscal year to |
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| 83 | 83 | | implement this section remains available to the commission after |
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| 84 | 84 | | the commission selects grant recipients for the fiscal year, the |
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| 85 | 85 | | commission shall make grants available using the money remaining |
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| 86 | 86 | | for the fiscal year through a competitive request for proposal |
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| 87 | 87 | | process, without regard to the limitation provided by Subsection |
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| 88 | 88 | | (c-2). |
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| 89 | 89 | | (g) Not later than the 90th day after the last day of the |
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| 90 | 90 | | state fiscal year for which the commission distributes a grant |
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| 91 | 91 | | under this section, each qualified entity [community |
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| 92 | 92 | | collaborative] that receives a grant shall prepare and submit a |
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| 93 | 93 | | report describing the effect of the grant money and matching funds |
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| 94 | 94 | | in achieving the standard defined by the outcome measures in the |
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| 95 | 95 | | plan submitted under Subsection (d). |
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| 96 | 96 | | (h) The commission may make inspections of the operation and |
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| 97 | 97 | | provision of mental health services provided by a qualified entity |
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| 98 | 98 | | [community collaborative] to ensure state money appropriated for |
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| 99 | 99 | | the grant program is used effectively. |
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| 100 | 100 | | (i) The commission may not award a grant under this section |
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| 101 | 101 | | for a fiscal year to a qualified entity [community collaborative] |
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| 102 | 102 | | that includes or operates in a county with a population greater than |
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| 103 | 103 | | four million if the legislature appropriates money for a mental |
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| 104 | 104 | | health jail diversion program in the county for that fiscal year. |
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| 105 | 105 | | SECTION 2. Section 531.09935, Government Code, is amended |
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| 106 | 106 | | by amending Subsections (a), (b), (c), (d), (e), (g), and (h) and |
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| 107 | 107 | | adding Subsection (a-1) to read as follows: |
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| 108 | 108 | | (a) In this section, "qualified entity" means a |
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| 109 | 109 | | county-based community collaborative or a nonprofit organization |
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| 110 | 110 | | that is exempt from federal income taxation under Section 501(a), |
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| 111 | 111 | | Internal Revenue Code of 1986, by being listed as an exempt entity |
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| 112 | 112 | | under Section 501(c)(3) of that code. |
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| 113 | 113 | | (a-1) The commission shall establish a program to provide a |
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| 114 | 114 | | grant to a qualified entity [county-based community collaborative] |
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| 115 | 115 | | in the most populous county in this state for the purposes of |
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| 116 | 116 | | reducing: |
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| 117 | 117 | | (1) recidivism by, the frequency of arrests of, and |
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| 118 | 118 | | incarceration of persons with mental illness; and |
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| 119 | 119 | | (2) the total waiting time for forensic commitment of |
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| 120 | 120 | | persons with mental illness to a state hospital. |
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| 121 | 121 | | (b) A qualified entity that is a [The] community |
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| 122 | 122 | | collaborative may receive a grant under the program only if the |
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| 123 | 123 | | collaborative includes the county, a local mental health authority |
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| 124 | 124 | | that operates in the county, and each hospital district located in |
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| 125 | 125 | | the county. A community collaborative may include other local |
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| 126 | 126 | | entities designated by the collaborative's members. |
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| 127 | 127 | | (c) Not later than the 30th day of each fiscal year, the |
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| 128 | 128 | | commission shall make available to the qualified entity [community |
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| 129 | 129 | | collaborative] established in the county described by Subsection |
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| 130 | 130 | | (a-1) [(a)] a grant in an amount equal to the lesser of: |
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| 131 | 131 | | (1) the amount appropriated to the commission for that |
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| 132 | 132 | | fiscal year for a mental health jail diversion pilot program in that |
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| 133 | 133 | | county; or |
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| 134 | 134 | | (2) the entity's [collaborative's] available matching |
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| 135 | 135 | | funds. |
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| 136 | 136 | | (d) The commission shall condition a grant provided to the |
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| 137 | 137 | | qualified entity [community collaborative] under this section on |
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| 138 | 138 | | the entity [collaborative] providing funds from non-state sources |
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| 139 | 139 | | in a total amount at least equal to the grant amount. |
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| 140 | 140 | | (e) To raise the required non-state sourced funds, the |
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| 141 | 141 | | qualified entity [collaborative] may seek and receive gifts, |
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| 142 | 142 | | grants, or donations from any person. |
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| 143 | 143 | | (g) Not later than the 90th day after the last day of the |
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| 144 | 144 | | state fiscal year for which the commission distributes a grant |
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| 145 | 145 | | under this section, the qualified entity [community collaborative] |
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| 146 | 146 | | shall prepare and submit a report describing the effect of the grant |
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| 147 | 147 | | money and matching funds in fulfilling the purpose described by |
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| 148 | 148 | | Subsection (a-1) [(a)]. |
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| 149 | 149 | | (h) The commission may make inspections of the operation and |
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| 150 | 150 | | provision of mental health services provided by the qualified |
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| 151 | 151 | | entity [community collaborative] to ensure state money |
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| 152 | 152 | | appropriated for the grant program is used effectively. |
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| 153 | 153 | | SECTION 3. This Act takes effect September 1, 2023. |
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