1 | 1 | | 89R15850 JCG-F |
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2 | 2 | | By: Y. Davis of Dallas H.B. No. 3948 |
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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 office of inspector general of certain |
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10 | 10 | | municipalities. |
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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. (a) Article 2A.001, Code of Criminal Procedure, |
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13 | 13 | | is amended to conform to Section 2, Chapter 624 (H.B. 4372), Section |
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14 | 14 | | 1, Chapter 870 (H.B. 3981), Section 1, Chapter 950 (S.B. 1727), and |
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15 | 15 | | Section 1, Chapter 984 (S.B. 2612), Acts of the 88th Legislature, |
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16 | 16 | | Regular Session, 2023, and is further amended to read as follows: |
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17 | 17 | | Art. 2A.001. PEACE OFFICERS GENERALLY. The following are |
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18 | 18 | | peace officers: |
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19 | 19 | | (1) a sheriff, a sheriff's deputy, or a reserve deputy |
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20 | 20 | | sheriff who holds a permanent peace officer license issued under |
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21 | 21 | | Chapter 1701, Occupations Code; |
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22 | 22 | | (2) a constable, a deputy constable, or a reserve |
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23 | 23 | | deputy constable who holds a permanent peace officer license issued |
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24 | 24 | | under Chapter 1701, Occupations Code; |
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25 | 25 | | (3) a marshal or police officer of a municipality or a |
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26 | 26 | | reserve municipal police officer who holds a permanent peace |
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27 | 27 | | officer license issued under Chapter 1701, Occupations Code; |
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28 | 28 | | (4) a ranger, officer, or member of the reserve |
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29 | 29 | | officer corps commissioned by the Public Safety Commission and the |
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30 | 30 | | director of the Department of Public Safety; |
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31 | 31 | | (5) an investigator of a district attorney's, criminal |
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32 | 32 | | district attorney's, or county attorney's office; |
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33 | 33 | | (6) a law enforcement agent of the Texas Alcoholic |
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34 | 34 | | Beverage Commission; |
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35 | 35 | | (7) a member of an arson investigating unit |
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36 | 36 | | commissioned by a municipality, a county, or the state; |
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37 | 37 | | (8) an officer commissioned under Section 37.081 or |
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38 | 38 | | 37.0818, Education Code, or Subchapter E, Chapter 51, Education |
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39 | 39 | | Code; |
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40 | 40 | | (9) an officer commissioned by the Texas Facilities |
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41 | 41 | | Commission; |
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42 | 42 | | (10) a law enforcement officer commissioned by the |
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43 | 43 | | Parks and Wildlife Commission; |
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44 | 44 | | (11) an officer commissioned under Chapter 23, |
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45 | 45 | | Transportation Code; |
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46 | 46 | | (12) a municipal park and recreational patrol officer |
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47 | 47 | | or security officer; |
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48 | 48 | | (13) a security officer or investigator commissioned |
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49 | 49 | | as a peace officer by the comptroller; |
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50 | 50 | | (14) an officer commissioned by a water control and |
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51 | 51 | | improvement district under Section 49.216, Water Code; |
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52 | 52 | | (15) an officer commissioned by a board of trustees |
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53 | 53 | | under Chapter 54, Transportation Code; |
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54 | 54 | | (16) an investigator commissioned by the Texas Medical |
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55 | 55 | | Board; |
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56 | 56 | | (17) an officer commissioned by: |
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57 | 57 | | (A) the board of managers of the Dallas County |
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58 | 58 | | Hospital District, the Tarrant County Hospital District, the Bexar |
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59 | 59 | | County Hospital District, or the El Paso County Hospital District |
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60 | 60 | | under Section 281.057, Health and Safety Code; |
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61 | 61 | | (B) the board of directors of the Ector County |
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62 | 62 | | Hospital District under Section 1024.117, Special District Local |
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63 | 63 | | Laws Code; |
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64 | 64 | | (C) the board of directors of the Midland County |
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65 | 65 | | Hospital District of Midland County, Texas, under Section 1061.121, |
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66 | 66 | | Special District Local Laws Code; or |
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67 | 67 | | (D) the board of hospital managers of the Lubbock |
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68 | 68 | | County Hospital District of Lubbock County, Texas, under Section |
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69 | 69 | | 1053.113, Special District Local Laws Code; |
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70 | 70 | | (18) a county park ranger commissioned under |
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71 | 71 | | Subchapter E, Chapter 351, Local Government Code; |
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72 | 72 | | (19) an investigator employed by the Texas Racing |
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73 | 73 | | Commission; |
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74 | 74 | | (20) an officer commissioned under Chapter 554, |
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75 | 75 | | Occupations Code; |
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76 | 76 | | (21) an officer commissioned by the governing body of |
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77 | 77 | | a metropolitan rapid transit authority under Section 451.108, |
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78 | 78 | | Transportation Code, or a regional transportation authority under |
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79 | 79 | | Section 452.110, Transportation Code; |
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80 | 80 | | (22) an investigator commissioned by the attorney |
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81 | 81 | | general under Section 402.009, Government Code; |
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82 | 82 | | (23) a security officer or investigator commissioned |
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83 | 83 | | as a peace officer under Chapter 466, Government Code; |
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84 | 84 | | (24) an officer appointed by an appellate court under |
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85 | 85 | | Subchapter F, Chapter 53, Government Code; |
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86 | 86 | | (25) an officer commissioned by the state fire marshal |
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87 | 87 | | under Chapter 417, Government Code; |
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88 | 88 | | (26) an investigator commissioned by the commissioner |
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89 | 89 | | of insurance under Section 701.104, Insurance Code; |
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90 | 90 | | (27) an officer appointed by the inspector general of |
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91 | 91 | | [apprehension specialist or inspector general commissioned by] the |
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92 | 92 | | Texas Juvenile Justice Department [as an officer] under Section |
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93 | 93 | | 242.102 [or 243.052], Human Resources Code; |
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94 | 94 | | (28) an officer appointed by the inspector general of |
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95 | 95 | | the Texas Department of Criminal Justice under Section 493.019, |
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96 | 96 | | Government Code; |
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97 | 97 | | (29) an investigator commissioned by the Texas |
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98 | 98 | | Commission on Law Enforcement under Section 1701.160, Occupations |
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99 | 99 | | Code; |
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100 | 100 | | (30) a fire marshal or any related officer, inspector, |
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101 | 101 | | or investigator commissioned by a county under Subchapter B, |
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102 | 102 | | Chapter 352, Local Government Code; |
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103 | 103 | | (31) a fire marshal or any officer, inspector, or |
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104 | 104 | | investigator commissioned by an emergency services district under |
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105 | 105 | | Chapter 775, Health and Safety Code; |
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106 | 106 | | (32) a fire marshal or any officer, inspector, or |
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107 | 107 | | investigator of a municipality who holds a permanent peace officer |
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108 | 108 | | license issued under Chapter 1701, Occupations Code; |
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109 | 109 | | (33) an officer commissioned by the State Board of |
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110 | 110 | | Dental Examiners under Section 254.013, Occupations Code, subject |
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111 | 111 | | to the limitations imposed by that section; [and] |
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112 | 112 | | (34) [(33)] an Alamo complex ranger commissioned by |
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113 | 113 | | the General Land Office under Section 31.0515, Natural Resources |
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114 | 114 | | Code, subject to the limitations imposed by that section; and |
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115 | 115 | | (35) an investigator of the office of the inspector |
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116 | 116 | | general of a municipality commissioned under Section 26.048, Local |
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117 | 117 | | Government Code [investigator commissioned by the Texas Juvenile |
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118 | 118 | | Justice Department as an officer under Section 221.011, Human |
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119 | 119 | | Resources Code]. |
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120 | 120 | | (b) Section 2, Chapter 624 (H.B. 4372), Section 1, Chapter |
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121 | 121 | | 870 (H.B. 3981), Section 1, Chapter 950 (S.B. 1727), and Section 1, |
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122 | 122 | | Chapter 984 (S.B. 2612), Acts of the 88th Legislature, Regular |
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123 | 123 | | Session, 2023, which amended Article 2.12, Code of Criminal |
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124 | 124 | | Procedure, are repealed. |
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125 | 125 | | SECTION 2. Subchapter C, Chapter 26, Local Government Code, |
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126 | 126 | | is amended by adding Section 26.048 to read as follows: |
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127 | 127 | | Sec. 26.048. OFFICE OF INSPECTOR GENERAL IN CERTAIN |
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128 | 128 | | MUNICIPALITIES. (a) This section applies only to a municipality |
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129 | 129 | | that: |
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130 | 130 | | (1) has a population of more than 500,000; and |
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131 | 131 | | (2) is primarily located in a county with a population |
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132 | 132 | | of more than 2.5 million that is adjacent to a county with a |
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133 | 133 | | population of more than 2 million. |
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134 | 134 | | (b) The office of the inspector general of a municipality |
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135 | 135 | | may investigate the operations of any agency, office, or department |
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136 | 136 | | of the municipality, including the office of the city manager and |
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137 | 137 | | the office of the city attorney, to prevent and detect: |
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138 | 138 | | (1) serious breaches of municipal policy; and |
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139 | 139 | | (2) fraud, abuse of office, and any other criminal |
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140 | 140 | | activity. |
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141 | 141 | | (c) The office of the city manager or the office of the city |
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142 | 142 | | attorney may not impede: |
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143 | 143 | | (1) the operations of the office of the inspector |
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144 | 144 | | general; or |
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145 | 145 | | (2) an investigator of the office of the inspector |
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146 | 146 | | general commissioned as a peace officer under Subsection (d). |
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147 | 147 | | (d) A municipality that has an office of the inspector |
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148 | 148 | | general may commission as peace officers the investigators of that |
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149 | 149 | | office. |
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150 | 150 | | SECTION 3. To the extent of any conflict, this Act prevails |
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151 | 151 | | over another Act of the 89th Legislature, Regular Session, 2025, |
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152 | 152 | | relating to nonsubstantive additions to and corrections in enacted |
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153 | 153 | | codes. |
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154 | 154 | | SECTION 4. This Act takes effect September 1, 2025. |
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