1 | 1 | | 89R3104 ANG-F |
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2 | 2 | | By: VanDeaver H.B. No. 1118 |
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3 | 3 | | |
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4 | 4 | | |
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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 the creation of a Texas Commission on Assessment and |
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10 | 10 | | Accountability. |
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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. Chapter 39A, Education Code, is amended by |
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13 | 13 | | adding Subchapter H to read as follows: |
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14 | 14 | | SUBCHAPTER H. TEXAS COMMISSION ON ASSESSMENT AND ACCOUNTABILITY |
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15 | 15 | | Sec. 39A.351. DEFINITION. In this subchapter, "commission" |
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16 | 16 | | means the Texas Commission on Assessment and Accountability. |
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17 | 17 | | Sec. 39A.352. TEXAS COMMISSION ON ASSESSMENT AND |
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18 | 18 | | ACCOUNTABILITY. (a) The commission is established to develop and |
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19 | 19 | | make recommendations for improvements to the current public school |
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20 | 20 | | assessment and accountability systems. |
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21 | 21 | | (b) The commission is composed of 19 members, consisting of: |
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22 | 22 | | (1) four members appointed by the governor; |
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23 | 23 | | (2) seven members appointed by the lieutenant |
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24 | 24 | | governor; |
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25 | 25 | | (3) seven members appointed by the speaker of the |
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26 | 26 | | house of representatives; and |
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27 | 27 | | (4) a member of the State Board of Education, as |
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28 | 28 | | designated by the chair of that board. |
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29 | 29 | | (c) The members appointed by the governor must have an |
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30 | 30 | | interest in public education and include at least: |
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31 | 31 | | (1) one person who is a current classroom teacher: |
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32 | 32 | | (A) in a grade and subject for which an |
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33 | 33 | | assessment instrument required under Section 39.023 is |
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34 | 34 | | administered; and |
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35 | 35 | | (B) with at least 10 years of teaching experience |
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36 | 36 | | at a school that receives federal funding under Title I, Elementary |
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37 | 37 | | and Secondary Education Act of 1965 (20 U.S.C. Section 6301 et |
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38 | 38 | | seq.); |
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39 | 39 | | (2) one person who is a member of the business |
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40 | 40 | | community; and |
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41 | 41 | | (3) one person who is a member of the civic community. |
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42 | 42 | | (d) The appointments made by the lieutenant governor and the |
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43 | 43 | | speaker of the house of representatives must each consist of: |
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44 | 44 | | (1) three members of the applicable legislative |
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45 | 45 | | chamber; |
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46 | 46 | | (2) a superintendent in the public school system; |
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47 | 47 | | (3) an elected member of the board of trustees of a |
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48 | 48 | | school district; |
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49 | 49 | | (4) a parent of a student in the public school system; |
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50 | 50 | | and |
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51 | 51 | | (5) a public school district staff member who serves |
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52 | 52 | | on the Texas Accountability Advisory Group established by rule. |
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53 | 53 | | (e) In making appointments under Subsections (b)(1), (2), |
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54 | 54 | | and (3), the governor, lieutenant governor, and speaker of the |
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55 | 55 | | house of representatives shall coordinate to ensure that the |
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56 | 56 | | membership of the commission reflects, to the extent possible, the |
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57 | 57 | | ethnic and geographic diversity of this state. |
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58 | 58 | | Sec. 39A.353. PRESIDING OFFICER AND MEMBERS. (a) The |
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59 | 59 | | governor shall designate the presiding officer of the commission. |
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60 | 60 | | (b) A commission member may not be an employee, contractor, |
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61 | 61 | | consultant, or vendor of the agency or a regional education service |
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62 | 62 | | center. |
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63 | 63 | | Sec. 39A.354. COMPENSATION AND REIMBURSEMENT. A member of |
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64 | 64 | | the commission is not entitled to compensation for service on the |
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65 | 65 | | commission but is entitled to reimbursement for actual and |
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66 | 66 | | necessary expenses incurred in performing commission duties. |
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67 | 67 | | Sec. 39A.355. ADMINISTRATIVE SUPPORT AND FUNDING. (a) The |
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68 | 68 | | agency shall provide administrative support for the commission. |
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69 | 69 | | The agency, with assistance as necessary from the Texas Higher |
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70 | 70 | | Education Coordinating Board, shall provide data and analysis as |
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71 | 71 | | requested by the commission, including data available in the |
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72 | 72 | | education research centers established under Section 1.005. |
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73 | 73 | | (b) Funding for the administrative and operational expenses |
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74 | 74 | | of the commission shall be provided by legislative appropriation |
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75 | 75 | | made to the agency for that purpose. |
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76 | 76 | | Sec. 39A.356. RECOMMENDATIONS. (a) The commission shall |
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77 | 77 | | develop recommendations under this subchapter to address issues |
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78 | 78 | | related to the public school statewide assessment system, |
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79 | 79 | | including: |
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80 | 80 | | (1) test construction and administration methods that |
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81 | 81 | | ensure validity, readability, and fairness for all students; |
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82 | 82 | | (2) assessment options to inform instruction |
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83 | 83 | | throughout the school year; |
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84 | 84 | | (3) any disproportionate impact of assessments on |
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85 | 85 | | students receiving each tier of the compensatory education |
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86 | 86 | | allotment and other special populations, and appropriate policy |
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87 | 87 | | responses; |
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88 | 88 | | (4) the costs and instructional time devoted to the |
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89 | 89 | | administration of state-required assessment instruments, and |
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90 | 90 | | options for minimizing those costs and that time by combining |
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91 | 91 | | assessments and classroom instruction; and |
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92 | 92 | | (5) privacy, security, and confidentiality protocols |
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93 | 93 | | regarding the personal information of a student receiving online |
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94 | 94 | | instruction or assessment. |
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95 | 95 | | (b) The commission shall develop recommendations under this |
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96 | 96 | | subchapter to address issues related to the public school academic |
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97 | 97 | | accountability rating system, including: |
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98 | 98 | | (1) characteristics of and measures used by effective |
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99 | 99 | | schools beyond state-required assessment instruments and ways to |
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100 | 100 | | incorporate those characteristics and measures into a fairer |
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101 | 101 | | accountability system; |
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102 | 102 | | (2) the correlation of accountability results with |
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103 | 103 | | special student populations, including educationally disadvantaged |
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104 | 104 | | students and students who are not educationally disadvantaged, for |
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105 | 105 | | each domain rating and overall rating, and the effect of enrollment |
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106 | 106 | | in open-enrollment charter schools and magnet or other voluntary |
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107 | 107 | | programs on the composition of student populations of district |
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108 | 108 | | campuses and the application of accountability measures; and |
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109 | 109 | | (3) the appropriateness and effectiveness of current |
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110 | 110 | | district and campus sanctions and any correlation between sanctions |
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111 | 111 | | imposed and campuses or districts serving particular student |
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112 | 112 | | populations. |
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113 | 113 | | (c) The commission shall include and consider |
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114 | 114 | | recommendations made by the existing Texas Accountability Advisory |
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115 | 115 | | Group established by rule. |
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116 | 116 | | (d) The commission may establish one or more working groups |
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117 | 117 | | composed of not more than five members of the commission to study, |
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118 | 118 | | discuss, and address specific policy issues and recommendations to |
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119 | 119 | | refer to the commission for consideration. |
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120 | 120 | | Sec. 39A.357. REPORT. Not later than December 31, 2026, the |
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121 | 121 | | commission shall prepare and deliver a report to the governor and |
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122 | 122 | | the legislature that recommends statutory changes to improve the |
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123 | 123 | | public school assessment and accountability systems. |
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124 | 124 | | Sec. 39A.358. PUBLIC MEETINGS AND PUBLIC INFORMATION. (a) |
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125 | 125 | | The commission may hold public meetings as needed to fulfill its |
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126 | 126 | | duties under this subchapter. |
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127 | 127 | | (b) The commission is subject to Chapters 551 and 552, |
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128 | 128 | | Government Code. |
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129 | 129 | | SECTION 2. Notwithstanding any other law, the commissioner |
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130 | 130 | | of education may not assign A through F ratings to an independent |
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131 | 131 | | school district or district campus under Chapter 39, Education |
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132 | 132 | | Code, following the 2024-2025 school year. Sanctions in effect |
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133 | 133 | | under Chapter 39A, Education Code, continue in effect after the |
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134 | 134 | | effective date of this Act but may not be increased, and additional |
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135 | 135 | | sanctions may not be imposed. |
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136 | 136 | | SECTION 3. For purposes of a sanction imposed by the |
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137 | 137 | | commissioner of education on an independent school district or a |
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138 | 138 | | district campus under Chapter 39A, Education Code, based on |
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139 | 139 | | multi-year performance measures, the 2024-2025 school year may not |
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140 | 140 | | be considered but does not interrupt a series of measures |
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141 | 141 | | continuing in effect from the 2023-2024 school year. |
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142 | 142 | | SECTION 4. Nothing in this Act prohibits the commissioner |
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143 | 143 | | of education from reducing or suspending an existing sanction based |
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144 | 144 | | on meeting performance standards adopted by rule or under Section |
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145 | 145 | | 11.174, Education Code. |
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146 | 146 | | SECTION 5. (a) The commissioner of education shall apply to |
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147 | 147 | | the federal government for appropriate waivers or amendments to the |
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148 | 148 | | application of federal law as necessary to allow implementation of |
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149 | 149 | | this Act. |
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150 | 150 | | (b) The commissioner of education may take appropriate |
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151 | 151 | | measures to assess students and evaluate academic performance |
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152 | 152 | | following the 2024-2025 school year only to the extent required by |
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153 | 153 | | federal law. |
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154 | 154 | | SECTION 6. This Act takes effect immediately if it receives |
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155 | 155 | | a vote of two-thirds of all the members elected to each house, as |
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156 | 156 | | provided by Section 39, Article III, Texas Constitution. If this |
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157 | 157 | | Act does not receive the vote necessary for immediate effect, this |
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158 | 158 | | Act takes effect September 1, 2025. |
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