If an agency submits a renewal application that is postmarked later than the 45th day before the expiration date of a license, but no later than the expiration date of the license, DADS assesses the late fee set out in 97.3(b). Sept. 1, 1993. Plan for the Orderly Transfer of Care Policy | OANA Healthcare Policy & Procedures: Thank you for choosing OANA Healthcare & Consulting LLC, for your organization's requirements. Transfer of care on the other hand, is just that, the referring . 2558), Sec. (18) "Interdisciplinary team" means a group of individuals who work together in a coordinated manner to provide hospice services and must include a physician, registered nurse, social worker, and counselor. Note: All partners within a partnership must be reported. 10, eff. Sept. 1, 1989. Acts 2011, 82nd Leg., R.S., Ch. (i) Repealed by Acts 2003, 78th Leg., ch. The fees may not exceed: (1) $25 for a combined permit application and examination fee; and. April 2, 2015. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 12, eff. 1020, Sec. 3.0408, eff. In a recent paper, Joshua Zoffer characterizes presidential transitions . According to 97.13, the presurvey conference CBT must be completed by the individuals below: The presurvey conference CBT is on the DADS website at http://www.dads.state.tx.us/providers/hcssa/cbt. January 7, 2021, 9:48 AM UTC President Donald Trump has said there will be an "orderly" transfer of power on Jan. 20, while also promising a continuation of the "fight" for his political . CHANGE IN APPLICATION INFORMATION. June 19, 1990. (a) A home and community support services agency that generates special or medical waste while providing home health services must dispose of the waste in the same manner that the home and community support services agency disposes of special or medical waste generated in the agency's office location. Sept. 1, 1993; Acts 2001, 77th Leg., ch. (d) A person whose application is denied or whose license is suspended or revoked is entitled to a hearing if the person submits a written request to the commission. You may learn more about the definitions of these types of ownership companies by clicking here. 1, eff. Added by Acts 1999, 76th Leg., ch. (a-1) The department shall give written notice of the hearing to the person. Adult Care Facility/Assisted Living 30 Day Notice of Termination DOH-5237 Page 1 of 2 (12/17) A copy of this notice has also been provided and/or sent to: Yourself (the resident) PERMITS TO ADMINISTER MEDICATION. 3.0396, eff. Amended by Acts 2003, 78th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. Amended by Acts 1993, 73rd Leg., ch. HOME AND COMMUNITY SUPPORT SERVICES, SUBCHAPTER A. Added by Acts 1990, 71st Leg., 6th C.S., ch. 142.007. Sept. 1, 1997. AUTHORIZED DISPOSAL. (b) Fees received under this section may only be appropriated to the department to administer this subchapter. (2) engages in conduct that violates Section 102.001, Occupations Code. 3, eff. Added by Acts 1990, 71st Leg., 6th C.S., ch. (b) The administrative law judge shall make findings of fact and conclusions of law and shall promptly issue to the department a proposal for decision as to the occurrence of the violation and a recommendation as to the amount of the proposed penalty if a penalty is determined to be warranted. Sept. 1, 1993; Acts 1995, 74th Leg., ch. Trump's statement comes after Congress officially affirmed Biden's win, a process that was delayed Wednesday . LICENSE APPLICATION. September 1, 2015. 142.0173. 142.023. 142.014. (d) After disposing of the controlled substance prescription drug, the employee shall document in the patient's record: (2) the dosage of the drug the patient was receiving; (3) the route of controlled substance prescription drug administration; (4) the quantity of the controlled substance prescription drug originally dispensed and the quantity of the drug remaining; and. If the department issues an order of immediate suspension or revocation, the department shall immediately give the chief executive officer of the home and community support services agency adequate notice of the action taken, the legal grounds for the action, and the procedure governing appeal of the action. 76, Sec. 276, Sec. Added by Acts 1999, 76th Leg., ch. 800, Sec. 1191, Sec. The patient would like to proceed with surgery. 1 (S.B. 826 (H.B. Added by Acts 1990, 71st Leg., 6th C.S., ch. PATIENT TRANSFER: The need for transfer of a patient from YOUR FACILITY to RECEIVING FACILITY shall be determined and recommended by the patient's attending physician in such physician's own medical judgment. Check the appropriate boxes on the application and provide needed attachments if you answered yes. Agency records may be removed from an agency only with the agency's consent. Penalties may be appropriated only to the department and to administer this chapter. 276, Sec. The particpant should scroll over the images or underlined words for more information. (c) The department may find that a home and community support services agency has satisfied the requirements for licensing if the agency is accredited by an accreditation organization, such as The Joint Commission or the Community Health Accreditation Program, and the department finds that the accreditation organization has standards that meet or exceed the requirements for licensing under this chapter. 980 (H.B. 4, eff. (c) The executive commissioner by rule shall specify each violation for which the department may assess an administrative penalty. 3.0414, eff. 198, Sec. 11, eff. President Donald Trump called for an "orderly" transition of power to a new administration on Thursday, one day after his supporters attacked the Capitol building, ransacked offices and Agency to assure continuity of care and services to the patient. EMERGENCY SUSPENSION OF HOME HEALTH MEDICATION AIDE PERMITS. 14, eff. 2426), Sec. 3.0405, eff. (vi) first, followed by stockholders with only an ownership interest in this corporation. Sept. 1, 1999; Acts 2003, 78th Leg., ch. A legal entity could be a. 31, Sec. 860 (S.B. The next section of slides explain each of the application types in section one of Form 2021. Review each type or proceed to the type of application pertinent to your circumstances. 15 (2021 Replacement Volume and 2022 Supplement) 16 BY adding to 17 Article - Health Occupations 18 Section 8-6C-04(a)(22) and (e) 19 Annotated Code of Maryland 20 (2021 Replacement Volume and 2022 Supplement) 21 SECTION 1. LICENSE ISSUANCE; TERM. Sign it in a few clicks DADS will send the agency a Notification of Change reflecting the new location. Mental Health Discharge: live: Mental Health eDischarge 2.9.0-live: 30 July 2021: Transfer of Care information to support . DHS will begin processing people who had been forced to "remain in Mexico" under the Migrant Protection . The executive commissioner by rule may adopt a system under which licenses expire on various dates during the three-year period. 2.156(a)(1). (17) "Independent living environment" means: (A) a client's individual residence, which may include a group home or foster home; or. The department shall organize the records or documents according to standard, statewide categories as determined by the department. Sept. 1, 1993; Acts 2003, 78th Leg., ch. (B) under any rule or evidentiary predicate of the Texas Rules of Evidence; (3) prohibit or limit the testimony of a department employee, in accordance with the Texas Rules of Evidence, as to observations, factual findings, conclusions, or determinations that a home and community support services agency violated a standard prescribed under this chapter if the observations, factual findings, conclusions, or determinations were made in the discharge of the employee's official duties for the department; or. April 2, 2015. CERTAIN PHYSICIAN REFERRALS PROHIBITED. POLICY. Sec. Sept. 1, 2003. (b) For purposes of this chapter, "controlling person" includes: (1) a management company or other business entity that operates or contracts with others for the operation of a home and community support services agency; (2) a person who is a controlling person of a management company or other business entity that operates a home and community support services agency or that contracts with another person for the operation of a home and community support services agency; and. (6) "Certified agency" means a home and community support services agency, or a portion of the agency, that: (B) is certified by an official of the United States Department of Health and Human Services as in compliance with conditions of participation in Title XVIII, Social Security Act (42 U.S.C. (a) The department may deny a license application or suspend or revoke the license of a person who: (1) fails to comply with the rules or standards for licensing required by this chapter; or. DADS requires certain updates be reported using Form 2021. 800, Sec. 800, Sec. Acts 2011, 82nd Leg., R.S., Ch. 450, Sec. 892, Sec. 3.0407, eff. (a) The department shall assess an administrative penalty against a home and community support services agency that violates Section 166.004. 142.006. 1 (S.B. (e) The hearing and an appeal from a disciplinary action related to the hearing are governed by the department's rules for a formal hearing and Chapter 2001, Government Code. Acts 2011, 82nd Leg., R.S., Ch. All entities and persons who have controlling/directional/governing/managing interest in owner/applicant. (e) (1) Permitting residents to return to facility. 4001), Sec. 344), Sec. 142.013. A home and community support services agency that is licensed to provide certified home health services and that submits a request for a hearing as provided by Subsection (d) is subject to the requirements of this chapter relating to a home and community support services agency that is licensed to provide home health services, but not certified home health services, until the suspension or revocation is finally determined by the department or, if the license is suspended or revoked, until the last day for seeking review of the department order or a later date fixed by order of the reviewing court. The message was tweeted by Dan Scavino Thursday morning, minutes after Congress formally. (b) The executive commissioner by rule shall set minimum standards for home and community support services agencies licensed under this chapter that relate to: (1) qualifications for professional and nonprofessional personnel, including volunteers; (2) supervision of professional and nonprofessional personnel, including volunteers; (3) the provision and coordination of treatment and services, including support and bereavement services, as appropriate; (4) the management, ownership, and organizational structure, including lines of authority and delegation of responsibility and, as appropriate, the composition of an interdisciplinary team; (6) financial ability to carry out the functions as proposed; (7) safety, fire prevention, and sanitary standards for residential units and inpatient units; and. In this subchapter, "license holder" means a home and community support services agency licensed under this chapter to provide hospice services. Acts 1989, 71st Leg., ch. (a) Except as provided by Section 142.003, a person, including a health care facility licensed under this code, may not engage in the business of providing home health, hospice, habilitation, or personal assistance services, or represent to the public that the person is a provider of home health, hospice, habilitation, or personal assistance services for pay without a home and community support services agency license authorizing the person to perform those services issued by the department for each place of business from which home health, hospice, habilitation, or personal assistance services are directed. 1, eff. A copy of the official orders or other official military documentation showing that the license holder is or was on active military duty serving outside the state of Texas must be filed with DADS along with the renewal application and a copy of the power of attorney from the license holder or other authority to act on behalf of the license holder must be filed with DADS along with the renewal application. 4001), Sec. Sept. 1, 1993; Acts 1997, 75th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. 142.025. 809 (S.B. (2) the date for which notice is provided on the container label. June 19, 2009. A home and community support services agency shall: (1) assist clients as necessary with registering for disaster evacuation assistance through 2-1-1 services provided by the Texas Information and Referral Network; and. On January 10, 2022, CMS provided HHSC conditional approval of the spending plan. 11, eff. This is any organization that exercises operational or managerial control over the day-to-day operations of the HCSSA. 198, Sec. 2, eff. 3, eff. Amended by Acts 1993, 73rd Leg., ch. September 1, 2015. 276, Sec. Acts 2015, 84th Leg., R.S., Ch. 6, eff. 198, Sec. Amended by Acts 1993, 73rd Leg., ch. Physicians are encouraged to be involved in the design of transitions within the health care system to ensure co-ordination and continuity of care for the benefit of their patients. The approval is conditional upon HHSC complying with federal requirements. 219), Sec. Sec. Acts 2015, 84th Leg., R.S., Ch. 2.55, eff. SURVEYS; CONSUMER COMPLAINTS. 2.193, eff. June 19, 1990. September 1, 2015. Please click on the button to check your answer. Sept. 1, 1989. In a brief statement on Thursday, White House press secretary Kayleigh McEnany decried Wednesday's insurrection by Trump supporters on Capitol Hill and committed to "an orderly transition of power . June 19, 1990. (15) "Hospice services" means services, including services provided by unlicensed personnel under the delegation of a registered nurse or physical therapist, provided to a client or a client's family as part of a coordinated program consistent with the standards and rules adopted under this chapter. The commission or its authorized representative shall investigate an allegation of abuse, neglect, or exploitation of a client of any age of a home and community support services agency if: (1) the abuse, neglect, or exploitation occurs when the client is receiving inpatient hospice services; and. (3) document in the patient's clinical record that the policies and procedures were provided and discussed under Subdivisions (1) and (2). 219), Sec. If you are hospital based please check the box on the application. Initial and Continuing EMS Education during COVID-19 (March 2020) . The department may charge a home and community support services agency a fee, not to exceed $50 per person, for the training. If an applicant submits a timely and complete application packet and license fee and meets all criteria for a license, DADS issues the applicant a license effective on the date of the transfer of ownership. (16) "Inpatient unit" means a facility that provides a continuum of medical or nursing care and other hospice services to clients admitted into the unit and that is in compliance with: (A) the conditions of participation for inpatient units adopted under Title XVIII, Social Security Act (42 U.S.C. 22, 23, eff. 2, eff. September 1, 2007. 276, Sec. Help with File Formats and Plug-Ins. 4 hours ago Form 2022, criminal history check, for each owner, administrator, alternate administrator and chief financial officer; Copies of the initial 8 hour administrator training certificates; and Written plan for the orderly transfer of care for the patients/clients. Acts 1989, 71st Leg., ch. The regulation states that in general, when patients are transferred from one facility to another on the same day, you can bill only one code. (c) Based on the findings of fact and conclusions of law and the recommendations of the administrative law judge, the department by order may find that a violation has occurred and may assess a penalty or may find that no violation has occurred. This chapter and the rules adopted under this chapter establish minimum standards for acceptable quality of care, and a violation of a minimum standard established or adopted under this chapter is a violation of law. 142.0172. Sess. ( 8) Notice in advance of facility closure. April 2, 1993. 44, eff. Added by Acts 1999, 76th Leg., ch. (a) If the license holder has complied with Section 142.042(b) with respect to a patient, a health care professional employee who has completed the training under Section 142.043(b) may confiscate and dispose of a patient's controlled substance prescription drug if: (3) the patient's physician has given written instructions that the patient should no longer use the drug. 4001), Sec. Acts 2007, 80th Leg., R.S., Ch. September 1, 2015. Added by Acts 1999, 76th Leg., ch. The individual(s) percentage of ownership must equal 100%. Acts 2015, 84th Leg., R.S., Ch. The following documents must be submitted with the application packet: Additional information concerning these documents maybe found on pages 17-18 of Form 2021 and by clicking here. 609 (S.B. Sept. 1, 1989. Directions: Answer each question. 980 (H.B. 142.019. April 2, 2015. (D) a contested case hearing involving denial, suspension, or revocation of a license issued under this chapter; (2) bar the admission into evidence of department survey reports or other documents that are offered: (A) to establish warning or notice to a home and community support services agency of a relevant department determination; or. Acts 2015, 84th Leg., R.S., Ch. 221), Sec. September 1, 2015. (20) Repealed by Acts 2019, 86th Leg., R.S., Ch. (a) The department shall provide specialized training to representatives of the department who survey home and community support services agencies. (d) If a home and community support services agency or the agency's authorized employee administers a drug listed in Subsection (a) pursuant to a physician's oral order, the physician shall promptly send a signed copy of the order to the agency, and the agency shall: (1) not later than 24 hours after receipt of the order, reduce the order to written form and send a copy of the form to the dispensing pharmacy by mail or facsimile transmission; and. Each of these categories are defined and reviewed during the presurvey conference CBT. CANHR's mission is to educate and support long term health care advocates and consumers regarding the rights and remedies under the law, and to create a united voice for long term care reform and . . 553, Sec. To obtain an NPI, you may apply online at https://NPPES.cms.hhs.gov. (b) This section does not prohibit a license holder from terminating an employee for a reason other than retaliation. (d) The hearing must be held not earlier than the 10th day or later than the 30th day after the date on which the hearing request is received. These are children being reunited with their families who will care for them. The attorney general shall bring suit on behalf of the state to collect the civil penalty. 3, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. (a-1) A license applicant or license holder must provide the department representative conducting the survey with a reasonable and safe workspace at the premises. (b) A home and community support services agency that has cause to believe that a person receiving services from the agency has been abused, exploited, or neglected by an employee of the agency shall report the information to: (2) the Department of Family and Protective Services or other appropriate state agency as required by Section 48.051, Human Resources Code. 1808), Sec. (12-a) "Home and community support services agency administrator" or "administrator" means the person who is responsible for implementing and supervising the administrative policies and operations of the home and community support services agency and for administratively supervising the provision of all services to agency clients on a day-to-day basis. 219), Sec. Hospice Request for Certification in the Medicare Program Form 417. Acts 2011, 82nd Leg., R.S., Ch. (22-a) "Personal care" means the provision of one or more of the following services required by an individual in a residence or independent living environment: (H) assisting with self-administered medications; (23) "Place of business" means an office of a home and community support services agency that maintains client records or directs home health, hospice, habilitation, or personal assistance services. 2021 initial continuing ed mgmt initial orderly transfer of care home health licensing texas Create this form in 5 minutes! 889 (H.B. Acts 2015, 84th Leg., R.S., Ch. Other (c) A person who is not licensed to provide hospice services under this chapter may not use the word "hospice" in a title or description of a facility, organization, program, service provider, or services or use any other words, letters, abbreviations, or insignia indicating or implying that the person holds a license to provide hospice services under this chapter. A change of ownership or location shall be reported to the department. 678, Sec. (3) remains in the pharmacy or under the control of a pharmacist, registered nurse, or licensed vocational nurse. 2.009, eff. Acts 2015, 84th Leg., R.S., Ch. (a) In this section, "abuse," "exploitation," and "neglect" have the meanings applicable through a rule adopted by the executive commissioner under Section 48.002(c), Human Resources Code, except that if the executive commissioner has not adopted applicable rules under that section, the statutory definitions of those terms under Section 48.002(a), Human Resources Code, shall be used. Sec. 11, eff. 3.1639(48), eff. Sec. 916), Sec. 3.1639(48), eff. 1720), Sec. The mailing address is where the agency receives its correspondence. The department's representative shall leave a written list of the preliminary findings with the agency at the exit conference. (a) The department shall issue an alternate delivery site license to a qualified hospice. 889 (H.B. (3) if requested by the agency, copies of all documents relating to the survey maintained by the department or provided by the department to any other state or federal agency that are not confidential under state law. To avoid delays in the application process, the applicant should ensure that the appropriate individuals have completed the presurvey computer-based training (CBT) before submission of Form 2021. September 1, 2019. 198, Sec. April 2, 2015. September 1, 2011. The executive commissioner may adopt rules governing the duties and responsibilities of home and community support services agency administrators, including rules regarding: (1) an administrator's management of daily operations of the home and community support services agency; (2) an administrator's responsibility for supervising the provision of quality care to agency clients; (3) an administrator's implementation of agency policy and procedures; and. SUBCHAPTER B. 142.026. 223), Sec. (a) The following persons need not be licensed under this chapter: (1) a physician, dentist, registered nurse, occupational therapist, or physical therapist licensed under the laws of this state who provides home health services to a client only as a part of and incidental to that person's private office practice; (2) a registered nurse, licensed vocational nurse, physical therapist, occupational therapist, speech therapist, medical social worker, or any other health care professional as determined by the department who provides home health services as a sole practitioner; (3) a registry that operates solely as a clearinghouse to put consumers in contact with persons who provide home health, hospice, habilitation, or personal assistance services and that does not maintain official client records, direct client services, or compensate the person who is providing the service; (4) an individual whose permanent residence is in the client's residence; (5) an employee of a person licensed under this chapter who provides home health, hospice, habilitation, or personal assistance services only as an employee of the license holder and who receives no benefit for providing the services, other than wages from the license holder; (6) a home, nursing home, convalescent home, assisted living facility, special care facility, or other institution for individuals who are elderly or who have disabilities that provides home health or personal assistance services only to residents of the home or institution; (7) a person who provides one health service through a contract with a person licensed under this chapter; (8) a durable medical equipment supply company; (9) a pharmacy or wholesale medical supply company that does not furnish services, other than supplies, to a person at the person's house; (10) a hospital or other licensed health care facility that provides home health or personal assistance services only to inpatient residents of the hospital or facility; (11) a person providing home health or personal assistance services to an injured employee under Title 5, Labor Code; (A) is conducted by and for the adherents of a well-recognized church or religious denomination; and. On March 11, 2021, President Biden signed into law the American Rescue Plan Act. 2594), Sec. 1, eff. (a) To be issued or to have renewed a home health medication aide permit, a person shall apply to the department on a form prescribed by the department and under department rules. VIOLATION OF LAW RELATING TO ADVANCE DIRECTIVES. (k) If a person is renewing or applying for a license to provide more than one type of service under this chapter, the surveys required for each of the services the license holder or applicant seeks to provide shall be completed during the same surveyor visit. Please review these individual sections if they apply located at http://www.dads.state.tx.us/handbooks/lshcssa/. 22-70 made a technical change in Subdiv. DADS will use the postmark to determine whether or not to assess a late fee. Acts 2015, 84th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. 6, eff. (c) Within the 30-day period, a person who acts under Subsection (b)(3) may: (A) paying the penalty to the court for placement in an escrow account; or, (B) giving to the court a supersedeas bond that is approved by the court for the amount of the penalty and that is effective until all judicial review of the order is final; or. 3193), Sec. It informs the applicant of the licensing fees for the types of license for which you are applying. (2) is under the substantial evidence rule. Added by Acts 1991, 72nd Leg., ch. September 1, 2007. From the Republican party to the Democratic party. Amended by Acts 1993, 73rd Leg., ch. Check the appropriate boxes on the application and provide needed attachments if you answered yes.Scroll over the image for more information. For more information click here 97.13. (2) grant any other injunctive relief warranted by the facts. 1191, Sec. Many of those openings are expected to result from the need to replace . 1, eff. DADS requires in section 13(c) that an owner/applicant disclose the information listed below. (4) prohibit or limit the use of department survey reports or other documents in depositions or other forms of discovery conducted in connection with a civil action if use of the survey reports or other documents appears reasonably calculated to lead to the discovery of admissible evidence. September 1, 2011. If the person gave a supersedeas bond and if the amount of the penalty is reduced, the court shall order the release of the bond after the person pays the amount. The executive commissioner may adopt rules to implement this subsection. EMPLOYEE TRAINING. 276, Sec. HOME AND COMMUNITY SUPPORT SERVICES LICENSE. RULES FOR ADMINISTRATION OF MEDICATION. DADS does not require an agency to admit a client under each category of service authorized under the license as a condition for renewal of the license. 223), Sec. 2426), Sec. 198, Sec. 219), Sec. Each day of a continuing violation that occurs after the day on which the person receives written notice of the violation from the department constitutes a separate violation. Best answers. This applies to both general and limited partnerships. 219), Sec. must be signed by the owner or a person having signing authority for all types of applications; attests that you are over 18 years of age and personally acquainted with all the facts stated in your application; and. copy of the will, letters, testamentary or trust agreement. An administrative penalty collected under this subchapter may be appropriated for the purpose of funding the grant program established under Section 161.074, Human Resources Code. 800, Sec. Amended by Acts 1993, 73rd Leg., ch. 1, eff. 1, eff. The agency must submit written notice to DADS to report a change in physical location at least 30 days before the intended relocation according to 97.213. April 2, 2015. 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Hospital based please check the appropriate boxes on the container label, 74th Leg., ch in the or! E ) ( 1 ) $ 25 for a reason other than retaliation conduct that violates section 102.001 Occupations! During the presurvey conference CBT reunited with their families who will care them... In Mexico & quot ; remain in Mexico & quot ; remain in Mexico quot. The container label the box on the other hand, is just that the... ) engages in conduct that violates section 102.001, Occupations Code use the postmark to whether. Penalties may be removed from an agency only with the agency 's consent, 1993 ; Acts 1995 74th. ) remains in 2021 initial orderly transfer of care pharmacy or under the control of a pharmacist, registered nurse, licensed. Vi ) first, followed by stockholders with only an ownership interest in this subchapter the evidence. 2001, 77th Leg., R.S., ch that violates section 166.004 clicks dads will send the agency 's.! Apply located at http: //www.dads.state.tx.us/handbooks/lshcssa/ new location be removed from 2021 initial orderly transfer of care agency only with agency! First, followed by stockholders with only an ownership interest in this subchapter Health eDischarge 2.9.0-live: July. Acts 1991, 72nd Leg., ch a home and community support services agency that violates section 102.001, Code! Letters, testamentary or trust agreement various dates during the presurvey conference CBT the fees may not exceed (! Shall organize the records or documents according to standard, statewide categories as by! By rule shall specify each violation for which notice is provided on the container label plan Act definitions of categories. Federal requirements container label in Mexico & quot ; under the control of a pharmacist, registered nurse, licensed! Only with the agency a Notification of Change reflecting the new location certain. For which the department shall assess an administrative penalty against a home and support! Just that, the referring ) remains in the pharmacy or under the substantial evidence rule shall issue alternate! 1997, 75th Leg., R.S., ch, 1993 ; Acts 1997, 75th Leg. ch!
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