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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of an unmanned aircraft that is outside |
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the direct line of sight of the operator of the aircraft; creating a |
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criminal offense; imposing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 3, Transportation Code, is amended by |
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adding Chapter 27 to read as follows: |
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CHAPTER 27. OPERATION OF UNMANNED AIRCRAFT OUTSIDE DIRECT LINE OF |
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SIGHT OF OPERATOR |
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Sec. 27.001. DEFINITIONS. In this chapter: |
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(1) "Avigation easement" means an airspace corridor |
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established by the department through which an unmanned aircraft |
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may operate. |
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(2) "Department" means the Texas Department of |
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Transportation. |
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(3) "Public safety unmanned aircraft" means an |
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unmanned aircraft that is being operated for a public safety |
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purpose, including responding to an emergency, by a governmental |
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entity or a person under contract with a governmental entity. |
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Sec. 27.002. APPLICABILITY. This chapter applies: |
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(1) only to an unmanned aircraft that is being |
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operated outside of the direct line of sight of the operator; and |
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(2) only to the extent permitted by federal law. |
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Sec. 27.003. RULES. The department may adopt rules as |
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necessary to administer this chapter. |
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Sec. 27.004. OPERATION OF UNMANNED AIRCRAFT IN AVIGATION |
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EASEMENT REQUIRED; EXCEPTIONS. (a) Except as provided by |
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Subsection (b), a person may not operate an unmanned aircraft that |
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is outside the direct line of sight of the person unless the |
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aircraft is being operated in an avigation easement. |
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(b) This section does not apply to: |
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(1) an unmanned aircraft that is being operated over: |
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(A) federal land; or |
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(B) property that is owned or leased by the |
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operator of the unmanned aircraft; |
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(2) a person who has the consent of the owner or lessee |
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of the property over which the unmanned aircraft is being operated; |
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or |
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(3) a public safety unmanned aircraft that is being |
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operated in response to an emergency, provided that the aircraft is |
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not being used primarily for the collection of evidence or data. |
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Sec. 27.005. ESTABLISHMENT OF AVIGATION EASEMENTS. (a) |
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The department shall establish a system authorizing and regulating |
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the operation of unmanned aircraft in avigation easements. |
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(b) The department shall establish avigation easements |
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over: |
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(1) highways and roads under the jurisdiction of the |
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department; |
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(2) state-owned land that is subject to a ground |
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easement; |
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(3) the navigable water in this state; |
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(4) land described by Subsection (d) following an |
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application submitted to the department by a political subdivision |
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under that subsection; and |
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(5) land described by Subsection (e) following an |
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application submitted to the department by a private landowner or |
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owner of a ground easement under that subsection. |
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(c) The department may establish avigation easements over |
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any state-owned land, including state parks and beaches, public |
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institutions of higher education, and other state-owned |
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facilities. |
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(d) A political subdivision may apply to the department in |
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the manner prescribed by the department for the establishment of an |
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avigation easement over: |
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(1) a highway or road under the jurisdiction of the |
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political subdivision; or |
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(2) land owned by the political subdivision, including |
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parks, beaches, and land that is subject to a ground easement. |
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(e) A private landowner or the owner of a ground easement, |
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other than the state or a political subdivision, may apply to the |
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department in the manner prescribed by the department for the |
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establishment of an avigation easement over the person's property |
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or ground easement. |
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(f) The sale or conveyance of property or a ground easement |
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subject to an avigation easement under this section does not affect |
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the validity of the avigation easement, provided that the new owner |
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of the property or ground easement may terminate the avigation |
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easement in accordance with Section 27.010. |
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Sec. 27.006. AVIGATION EASEMENT BOUNDARIES. An avigation |
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easement established under Section 27.005: |
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(1) must be the same width as the boundaries of the |
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property or ground easement subject to the avigation easement, |
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except that an avigation easement in a residential area that is |
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over: |
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(A) a highway or road may not include any |
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adjacent sidewalk or right-of-way; or |
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(B) a utility easement may not extend more than |
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five feet on either side of the centerline of the utility easement; |
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and |
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(2) may not be higher than 400 feet in height above |
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ground level. |
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Sec. 27.007. REQUIREMENTS FOR OPERATION IN AVIGATION |
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EASEMENTS. (a) The department by rule shall establish minimum |
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requirements for unmanned aircraft operating in avigation |
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easements. |
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(b) The minimum requirements must: |
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(1) require an unmanned aircraft to: |
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(A) be equipped with a transponder that allows |
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the department to monitor the operations of the aircraft; |
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(B) have the ability to: |
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(i) avoid obstructions and other unmanned |
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aircraft in the avigation easement; and |
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(ii) automatically obscure facial features |
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of individuals captured by incidental photos taken by the aircraft; |
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(C) have sufficient safety features to minimize |
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the danger to persons or property below an avigation easement |
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resulting from system malfunctions or failures; and |
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(D) operate at a height that is at least 50 feet |
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above any obstruction that is in the aircraft's path; and |
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(2) prohibit an unmanned aircraft from operating at a |
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height that is less than 50 feet above ground level except for |
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purposes of launching or landing the aircraft. |
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Sec. 27.008. ENTERING AND EXITING AVIGATION EASEMENT FOR |
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PURPOSES OF LAUNCHING OR LANDING UNMANNED AIRCRAFT. For purposes |
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of entering or exiting an avigation easement, a person may only |
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launch an unmanned aircraft from or land the aircraft on: |
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(1) property that is owned or leased by the operator of |
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the unmanned aircraft; |
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(2) property for which the person has obtained the |
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consent of the owner or lessee of the property to launch the |
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aircraft from or land the aircraft on; or |
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(3) property subject to an avigation easement, other |
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than an avigation easement established under Section 27.005(b)(5). |
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Sec. 27.009. USER FEES. (a) The department shall charge a |
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person operating an unmanned aircraft in an avigation easement, |
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other than a public safety unmanned aircraft, a fee for operating |
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the aircraft in the avigation easement. |
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(b) In setting the amount of fees under this section, the |
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department shall allow an operator of an unmanned aircraft to: |
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(1) pay a fee based on each minute the unmanned |
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aircraft is operated in an avigation easement; or |
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(2) purchase a plan that grants the operator unlimited |
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or limited access to operate in avigation easements for a flat fee. |
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(c) Fees collected under this section that are attributable |
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to an avigation easement established under Section 27.005(b)(1), |
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(2), or (3) or 27.005(c) shall be deposited to credit of the general |
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revenue fund and may be used only by the department for the |
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administration of this chapter. |
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(d) The department shall remit the portion of the fees |
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collected under this section that are attributable to an avigation |
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easement established under Section 27.005(b)(4) or (5) to the |
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political subdivision, private landowner, or owner of a ground |
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easement whose property or ground easement is subject to the |
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avigation easement. |
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(e) The department shall establish a method for determining |
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the portion of the fee described by Subsection (b)(2) that is |
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attributable to each avigation easement. |
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Sec. 27.010. TERMINATION OF AVIGATION EASEMENT. (a) The |
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department may not terminate an avigation easement established |
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under Section 27.005(b)(1), (2), or (3). The department on its own |
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initiative may terminate an avigation easement established under |
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Section 27.005(c). |
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(b) A person who owns property or a ground easement that is |
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subject to an avigation easement established under Section |
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27.005(b)(4) or (5) may terminate the avigation easement by |
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submitting to the department in the manner prescribed by the |
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department a request to terminate the avigation easement. |
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(c) Notwithstanding any other provision of this section, |
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the department may not terminate an avigation easement unless the |
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department has provided public notice of the termination at least |
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30 days before the date that the termination takes effect. |
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Sec. 27.011. GEOFENCING OF CERTAIN PRIVATE PROPERTY. A |
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person who owns private property that is not subject to an avigation |
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easement under Section 27.005 may geofence the property to prohibit |
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an unmanned aircraft from operating over the property, provided |
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that the geofencing may not prohibit a public safety unmanned |
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aircraft that is being operated in response to an emergency from |
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operating over the property. |
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Sec. 27.012. OFFENSE. (a) A person commits an offense if |
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the person operates an unmanned aircraft in violation of this |
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chapter or a rule adopted under this chapter. |
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(b) An offense under this section is a Class B misdemeanor, |
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except that the offense is a Class A misdemeanor if the actor has |
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previously been convicted under this section. |
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SECTION 2. This Act takes effect September 1, 2021. |