1 | 1 | | By: Guillen H.B. No. 462 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | A BILL TO BE ENTITLED |
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7 | 7 | | AN ACT |
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8 | 8 | | relating to the armed security officers required to be present at |
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9 | 9 | | public schools and the permissible uses of the school safety |
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10 | 10 | | allotment and the creation of a mental health allotment under the |
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11 | 11 | | Foundation School Program. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Section 37.0814(b), Education Code, is amended |
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14 | 14 | | to read as follows: |
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15 | 15 | | (b) A security officer described by Subsection (a) must be: |
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16 | 16 | | (1) a school district peace officer; |
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17 | 17 | | (2) a school resource officer; [or] |
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18 | 18 | | (3) a commissioned peace officer employed as security |
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19 | 19 | | personnel under Section 37.081; or |
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20 | 20 | | (4) a canine unit, as defined by Section 108.001, |
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21 | 21 | | Business & Commerce Code. |
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22 | 22 | | SECTION 2. Section 48.115, Education Code, is amended by |
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23 | 23 | | amending Subsections (a) and (b) and adding Subsections (a-2) and |
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24 | 24 | | (a-3) to read as follows: |
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25 | 25 | | (a) Except as provided by Subsection (a-1) and subject to |
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26 | 26 | | Subsection (a-2), a school district is entitled to an annual |
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27 | 27 | | allotment equal to the sum of the following amounts or a greater |
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28 | 28 | | amount provided by appropriation: |
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29 | 29 | | (1) $100 [$10] for each student in average daily |
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30 | 30 | | attendance, plus $1 for each student in average daily attendance |
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31 | 31 | | per every $50 by which the district's maximum basic allotment under |
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32 | 32 | | Section 48.051 exceeds $6,160, prorated as necessary; and |
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33 | 33 | | (2) $100,000 [$15,000] per campus. |
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34 | 34 | | (a-2) To be eligible to receive an allotment under this |
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35 | 35 | | section, a school district must ensure that: |
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36 | 36 | | (1) at least one security officer described by Section |
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37 | 37 | | 37.0814(b) armed with a firearm is present at each district campus |
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38 | 38 | | during regular school hours; and |
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39 | 39 | | (2) at least one school marshal or security officer |
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40 | 40 | | described by Section 37.0814(b) who has received training |
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41 | 41 | | comparable to the training required for a school marshal under |
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42 | 42 | | Section 1701.260(c), Occupations Code, and is armed with a firearm |
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43 | 43 | | is appointed, assigned, or employed by the district for every 200 |
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44 | 44 | | students enrolled at the district. |
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45 | 45 | | (a-3) Requirements under subsection (a-2)(2) can also be |
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46 | 46 | | met via at least one remote-human-operated aerial device described |
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47 | 47 | | by Article 2.33(a)(1), Code of Criminal Procedure, deployed or |
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48 | 48 | | contracted by the district at each district campus providing less |
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49 | 49 | | lethal interdiction capability by means of air-based irritant |
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50 | 50 | | delivery or other mechanisms for every 200 students enrolled at the |
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51 | 51 | | district. |
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52 | 52 | | (b) Funds allocated under this section must be used to |
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53 | 53 | | improve school safety and security, including costs associated |
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54 | 54 | | with: |
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55 | 55 | | (1) securing school facilities in accordance with the |
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56 | 56 | | requirements of Section 37.351, including: |
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57 | 57 | | (A) improvements to school infrastructure; |
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58 | 58 | | (B) the use or installation of perimeter security |
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59 | 59 | | fencing conducive to a public school learning environment or |
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60 | 60 | | physical barriers, which may not include razor wire; |
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61 | 61 | | (C) exterior door and window safety and security |
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62 | 62 | | upgrades, including exterior door numbering and locking systems and |
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63 | 63 | | security film that provides resistance to a forced entry; and |
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64 | 64 | | (D) the purchase and maintenance of: |
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65 | 65 | | (i) security cameras and, if the district |
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66 | 66 | | has already installed security cameras, other security equipment, |
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67 | 67 | | including video surveillance as provided by Section 29.022; and |
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68 | 68 | | (ii) technology, including communications |
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69 | 69 | | systems or devices, such as silent panic alert devices, two-way |
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70 | 70 | | radios, or wireless Internet booster equipment, that facilitates |
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71 | 71 | | communication and information sharing between students, school |
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72 | 72 | | personnel, and first responders in an emergency; |
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73 | 73 | | (2) providing security for the district, including: |
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74 | 74 | | (A) employing school district peace officers, |
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75 | 75 | | private security officers, and school marshals; and |
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76 | 76 | | (B) collaborating with local law enforcement |
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77 | 77 | | agencies, such as entering into a memorandum of understanding for |
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78 | 78 | | the assignment of school resource officers to schools in the |
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79 | 79 | | district; |
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80 | 80 | | (3) school safety and security measures, including: |
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81 | 81 | | (A) active shooter and emergency response |
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82 | 82 | | training; |
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83 | 83 | | (B) prevention and treatment programs relating |
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84 | 84 | | to addressing adverse childhood experiences; and |
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85 | 85 | | (C) the prevention, identification, and |
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86 | 86 | | management of emergencies and threats, using evidence-based, |
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87 | 87 | | effective prevention practices and including the establishment of |
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88 | 88 | | [: |
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89 | 89 | | (i) providing licensed counselors, social |
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90 | 90 | | workers, chaplains, and individuals trained in restorative |
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91 | 91 | | discipline and restorative justice practices; |
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92 | 92 | | (ii) providing mental health personnel and |
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93 | 93 | | support, including chaplains; |
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94 | 94 | | (iii) providing behavioral health |
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95 | 95 | | services, including services provided by chaplains; |
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96 | 96 | | (iv)] threat reporting systems;[and |
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97 | 97 | | (v) developing and implementing programs |
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98 | 98 | | focused on restorative justice practices, culturally relevant |
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99 | 99 | | instruction, and providing mental health support, including |
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100 | 100 | | support provided by chaplains;] |
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101 | 101 | | [(4) providing programs related to suicide prevention, |
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102 | 102 | | intervention, and postvention, including programs provided by |
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103 | 103 | | chaplains;] and |
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104 | 104 | | (4) [(5)] employing a school safety director and other |
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105 | 105 | | personnel to manage and monitor school safety initiatives and the |
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106 | 106 | | implementation of school safety requirements for the district. |
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107 | 107 | | SECTION 3. Subchapter C, Chapter 48, Education Code, is |
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108 | 108 | | amended by adding Section 48.117 to read as follows: |
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109 | 109 | | Sec. 48.117. MENTAL HEALTH ALLOTMENT. (a) A school |
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110 | 110 | | district is entitled to an annual allotment of $100,000 or a greater |
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111 | 111 | | amount provided by appropriation to support mental health services |
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112 | 112 | | at the district. |
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113 | 113 | | (b) In addition to the allotment under Subsection (a), a |
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114 | 114 | | school district that receives an allotment under Section 48.101 or |
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115 | 115 | | at which more than 50 percent of enrolled students are |
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116 | 116 | | educationally disadvantaged is entitled to an allotment for each |
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117 | 117 | | student enrolled in the district in an amount provided by |
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118 | 118 | | appropriation. |
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119 | 119 | | (c) Funds allocated under this section: |
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120 | 120 | | (1) must be used to develop or enhance a comprehensive |
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121 | 121 | | school mental health system that, through the implementation of |
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122 | 122 | | programs, practices, and procedures in accordance with Section |
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123 | 123 | | 38.351, provides a tiered array of supports and services in the |
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124 | 124 | | educational setting, including support provided by chaplains, that |
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125 | 125 | | contribute to: |
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126 | 126 | | (A) a positive school climate; |
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127 | 127 | | (B) the development of skills related to managing |
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128 | 128 | | emotions, establishing and maintaining positive relationships, and |
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129 | 129 | | responsible decision-making; |
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130 | 130 | | (C) the learning and well-being of students with |
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131 | 131 | | or at risk of mental health or substance use conditions; |
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132 | 132 | | (D) family and community engagement; |
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133 | 133 | | (E) reduced exclusionary discipline practices; |
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134 | 134 | | and |
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135 | 135 | | (F) staff wellness; and |
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136 | 136 | | (2) may be used to pay for costs associated with: |
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137 | 137 | | (A) the salary of school personnel, including |
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138 | 138 | | chaplains, responsible for planning, coordinating, delivering, or |
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139 | 139 | | monitoring supports and services described by Subdivision (1); |
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140 | 140 | | (B) training school personnel regarding |
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141 | 141 | | effective practices and district and campus procedures to support |
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142 | 142 | | student mental health; |
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143 | 143 | | (C) a contract-based collaborative effort or |
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144 | 144 | | partnership with one or more local community programs, agencies, or |
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145 | 145 | | providers, including programs provided by chaplains; and |
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146 | 146 | | (D) developing and implementing programs focused |
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147 | 147 | | on restorative justice practices, including programs provided by |
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148 | 148 | | chaplains. |
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149 | 149 | | (d) Funds allocated for purposes of this section may not be |
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150 | 150 | | used to supplant any other funds that may be provided for the same |
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151 | 151 | | purpose. |
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152 | 152 | | (e) Not later than June 1 of each year and in accordance with |
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153 | 153 | | commissioner rule, each school district shall submit to the |
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154 | 154 | | commissioner information regarding the outcomes and expenditures |
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155 | 155 | | related to funds allocated to the district under this section. |
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156 | 156 | | (f) Not later than September 1 of each year, the |
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157 | 157 | | commissioner shall publish a report regarding the use of funds |
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158 | 158 | | allocated under this section during the preceding school year, |
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159 | 159 | | including information regarding the programs, personnel, and |
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160 | 160 | | resources implemented, employed, or purchased by school districts |
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161 | 161 | | using the funds and other purposes for which the funds were used. |
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162 | 162 | | SECTION 4. This Act takes effect September 1, 2025. |
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