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A BILL TO BE ENTITLED
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AN ACT
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relating to the research, collection, and use of adult stem cells. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle H, Title 3, Education Code, is amended |
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by adding Chapter 156 to read as follows: |
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CHAPTER 156. ADULT STEM CELL RESEARCH PROGRAM |
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Sec. 156.001. DEFINITIONS. In this chapter: |
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(1) "Adult stem cell" means an undifferentiated cell |
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that is: |
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(A) found in differentiated tissue; and |
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(B) able to renew itself and differentiate to |
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yield all or nearly all of the specialized cell types of the tissue |
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from which the cell originated. |
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(2) "Consortium" means the Texas Adult Stem Cell |
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Research Consortium. |
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(3) "Institution of higher education" means an |
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institution of higher education as defined by Section 61.003 or a |
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private college or university that receives state funds. |
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(4) "Program" means the adult stem cell research |
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program established under this chapter. |
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(5) "Research coordinating board" means the Texas |
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Adult Stem Cell Research Coordinating Board. |
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Sec. 156.002. COMPOSITION OF RESEARCH COORDINATING BOARD. |
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(a) The Texas Adult Stem Cell Research Coordinating Board is |
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composed of seven members appointed as follows: |
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(1) three members who are interested persons, |
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including at least one person who represents an institution of |
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higher education and one person who is a representative of an |
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advocacy organization representing patients, appointed by the |
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governor; |
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(2) two members who are interested persons appointed |
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by the lieutenant governor; and |
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(3) two members who are interested persons appointed |
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by the speaker of the house of representatives. |
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(b) The governor shall designate as the presiding officer of |
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the research coordinating board a board member appointed under |
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Subsection (a)(1) who represents an institution of higher |
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education. The presiding officer serves in that capacity at the |
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will of the governor. |
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(c) The members of the research coordinating board serve |
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staggered six-year terms. If a vacancy occurs on the board, the |
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appropriate appointing authority shall appoint, in the same manner |
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as the original appointment, another person to serve for the |
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remainder of the unexpired term. |
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Sec. 156.003. CONFLICT OF INTEREST. (a) In this section, |
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"Texas trade association" means a cooperative and voluntarily |
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joined association of business or professional competitors in this |
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state designed to assist its members and its industry or profession |
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in dealing with mutual business or professional problems and in |
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promoting their common interest. |
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(b) A person may not be a member of the research |
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coordinating board if: |
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(1) the person is an officer, employee, or paid |
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consultant of a Texas trade association in the field of medicine; |
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(2) the person's spouse is an officer, manager, or paid |
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consultant of a Texas trade association in the field of medicine; or |
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(3) the person is a member of the Texas Higher |
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Education Coordinating Board. |
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(c) A person may not be a member of the research |
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coordinating board if the person is required to register as a |
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lobbyist under Chapter 305, Government Code, because of the |
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person's activities for compensation on behalf of a profession |
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related to the operation of the board. |
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Sec. 156.004. COMPOSITION OF CONSORTIUM. (a) The research |
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coordinating board shall establish the Texas Adult Stem Cell |
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Research Consortium. |
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(b) The consortium is composed of participating |
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institutions of higher education and businesses that: |
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(1) accept public money for adult stem cell research; |
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or |
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(2) otherwise agree to participate in the consortium. |
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Sec. 156.005. ADMINISTRATION OF PROGRAM; GUIDELINES AND |
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PROCEDURES. (a) The research coordinating board shall administer |
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the program to: |
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(1) make grants and loans to consortium members for: |
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(A) adult stem cell research projects, including |
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projects to develop therapies, protocols, or medical procedures |
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involving adult stem cells; |
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(B) the development of facilities to be used |
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solely for adult stem cell research projects; and |
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(C) the commercialization of products or |
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technology involving adult stem cell research and treatments; |
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(2) support consortium members in all stages of the |
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process of developing treatments and cures based on adult stem cell |
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research, beginning with initial laboratory research through |
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successful clinical trials; |
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(3) establish appropriate regulatory standards and |
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oversight bodies for: |
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(A) adult stem cell research conducted by |
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consortium members; and |
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(B) the development of facilities for consortium |
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members conducting adult stem cell research; and |
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(4) assist consortium members in applying for grants |
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or loans under the program. |
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(b) The research coordinating board shall develop research |
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priorities, guidelines, and procedures for providing grants and |
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loans for specific research projects conducted by consortium |
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members. The priorities, guidelines, and procedures must require |
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the grants and loans to be made on a competitive, peer review basis. |
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Sec. 156.006. FUNDING. The program shall be funded by |
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gifts, grants, and donations described by Section 156.007. The |
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program may not be funded by legislative appropriations. |
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Sec. 156.007. GIFTS, GRANTS, AND DONATIONS. The consortium |
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shall solicit, and the research coordinating board may accept on |
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behalf of the consortium, a gift, grant, or donation made from any |
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public or private source for the purpose of promoting adult stem |
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cell research or commercialization. |
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Sec. 156.008. BIENNIAL REPORT. Not later than September 1 |
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of each even-numbered year, the research coordinating board shall |
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submit a report of the board's activities and recommendations to |
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the Texas Higher Education Coordinating Board and to the governor, |
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the lieutenant governor, the speaker of the house of |
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representatives, and the presiding officer of each legislative |
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standing committee or subcommittee with jurisdiction over higher |
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education. |
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SECTION 2. Section 162.001, Health and Safety Code, is |
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amended by adding Subdivision (4) to read as follows: |
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(4) "Adult stem cell" means an undifferentiated cell |
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that is: |
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(A) found in differentiated tissue; and |
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(B) able to renew itself and differentiate to |
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yield all or nearly all of the specialized cell types of the tissue |
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from which the cell originated. |
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SECTION 3. Chapter 162, Health and Safety Code, is amended |
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by adding Section 162.020 to read as follows: |
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Sec. 162.020. ADULT STEM CELL COLLECTION. Blood obtained |
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by a blood bank may be used for the collection of adult stem cells if |
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the donor consents in writing to that use. |
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SECTION 4. The heading to Chapter 1003, Health and Safety |
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Code, is amended to read as follows: |
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CHAPTER 1003. [AUTOLOGOUS STEM CELL BANK FOR RECIPIENTS OF
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BLOOD
AND
TISSUE COMPONENTS WHO ARE THE LIVE HUMAN DONORS
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OF
THE] ADULT STEM CELLS |
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SECTION 5. Chapter 1003, Health and Safety Code, is amended |
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by adding Sections 1003.002 and 1003.003 to read as follows: |
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Sec. 1003.002. GENERAL REQUIREMENTS FOR ADULT STEM CELL USE |
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IN HEALTH CARE. A person using adult stem cells in the provision of |
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health care: |
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(1) must use adult stem cells that are properly |
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manufactured and stored; and |
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(2) may only use adult stem cells in a clinical trial |
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approved by the United States Food and Drug Administration. |
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Sec. 1003.003. ADDITIONAL REQUIREMENTS FOR ADULT STEM CELL |
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USE IN HOSPITALS. A hospital may use adult stem cells in a |
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procedure if: |
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(1) a physician providing services at the hospital |
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determines that the use of adult stem cells in the procedure is |
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appropriate; |
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(2) the patient consents in writing to the use; |
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(3) the requirements for stem cell use under Section |
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1003.002 are met; |
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(4) the manufacturing processes for the adult stem |
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cells satisfy current good manufacturing practices adopted by the |
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United States Food and Drug Administration; and |
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(5) appropriate state and federal guidelines on the |
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use of adult stem cells are followed. |
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SECTION 6. (a) As soon as practicable after the effective |
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date of this Act, the governor, lieutenant governor, and speaker of |
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the house of representatives shall appoint members to the Texas |
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Adult Stem Cell Research Coordinating Board, as required by Section |
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156.002, Education Code, as added by this Act, as follows: |
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(1) the governor shall appoint one member to a term |
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expiring February 1, 2017, one member to a term expiring February 1, |
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2019, and one member to a term expiring February 1, 2021; |
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(2) the lieutenant governor shall appoint one member |
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to a term expiring February 1, 2019, and one member to a term |
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expiring February 1, 2021; and |
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(3) the speaker of the house of representatives shall |
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appoint one member to a term expiring February 1, 2019, and one |
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member to a term expiring February 1, 2021. |
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(b) Not later than September 1, 2016, the Texas Adult Stem |
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Cell Research Coordinating Board shall submit the first report of |
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the board's activities and recommendations as required by Chapter |
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156, Education Code, as added by this Act. |
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SECTION 7. This Act takes effect September 1, 2015. |