Bill Text: TX SB81 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to certain statutory changes to reflect and address same-sex marriages and parenting relationships and to the removal of provisions regarding the criminality or unacceptability of homosexual conduct.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-02-15 - Referred to State Affairs [SB81 Detail]

Download: Texas-2023-SB81-Introduced.html
  88R265 EAS-D
 
  By: Johnson S.B. No. 81
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain statutory changes to reflect and address
  same-sex marriages and parenting relationships and to the removal
  of provisions regarding the criminality or unacceptability of
  homosexual conduct.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1.  FAMILY CODE PROVISIONS
         SECTION 1.01.  Subchapter A, Chapter 1, Family Code, is
  amended by adding Section 1.0015 to read as follows:
         Sec. 1.0015.  CONSTRUCTION OF GENDER-SPECIFIC TERMINOLOGY.  
  When necessary to implement the rights and duties of spouses or
  parents in a marriage between persons of the same sex under the laws
  of this state, gender-specific terminology must be construed in a
  neutral manner to refer to a person of either gender.
         SECTION 1.02.  Section 2.001(a), Family Code, is amended to
  read as follows:
         (a)  Two individuals [A man and a woman] desiring to enter
  into a ceremonial marriage must obtain a marriage license from the
  county clerk of any county of this state.
         SECTION 1.03.  Section 2.004(b), Family Code, is amended to
  read as follows:
         (b)  The application form must contain:
               (1)  a heading entitled "Application for Marriage
  License, ____________ County, Texas";
               (2)  spaces for each applicant's full name, including
  the [woman's maiden] surname of an applicant intending to change
  the applicant's surname as a result of the marriage, address,
  social security number, if any, date of birth, and place of birth,
  including city, county, and state;
               (3)  a space for indicating the document tendered by
  each applicant as proof of identity and age;
               (4)  spaces for indicating whether each applicant has
  been divorced within the last 30 days;
               (5)  printed boxes for each applicant to check "true"
  or "false" in response to the following statement: "I am not
  presently married and the other applicant is not presently
  married.";
               (6)  printed boxes for each applicant to check "true"
  or "false" in response to the following statement: "The other
  applicant is not related to me as:
                     (A)  an ancestor or descendant, by blood or
  adoption;
                     (B)  a brother or sister, of the whole or half
  blood or by adoption;
                     (C)  a parent's brother or sister, of the whole or
  half blood or by adoption;
                     (D)  a son or daughter of a brother or sister, of
  the whole or half blood or by adoption;
                     (E)  a current or former stepchild or stepparent;
  or
                     (F)  a son or daughter of a parent's brother or
  sister, of the whole or half blood or by adoption.";
               (7)  printed boxes for each applicant to check "true"
  or "false" in response to the following statement: "I am not
  presently delinquent in the payment of court-ordered child
  support.";
               (8)  a printed oath reading:  "I SOLEMNLY SWEAR (OR
  AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS
  CORRECT.";
               (9)  spaces immediately below the printed oath for the
  applicants' signatures;
               (10)  a certificate of the county clerk that:
                     (A)  each applicant made the oath and the date and
  place that it was made; or
                     (B)  an applicant did not appear personally but
  the prerequisites for the license have been fulfilled as provided
  by this chapter;
               (11)  spaces for indicating the date of the marriage
  and the county in which the marriage is performed;
               (12)  a space for the address to which the applicants
  desire the completed license to be mailed; and
               (13)  a printed box for each applicant to check
  indicating that the applicant wishes to make a voluntary
  contribution of $5 to promote healthy early childhood by supporting
  the Texas Home Visiting Program administered by the Office of Early
  Childhood Coordination of the Health and Human Services Commission.
         SECTION 1.04.  Section 2.401(a), Family Code, is amended to
  read as follows:
         (a)  In a judicial, administrative, or other proceeding, the
  marriage of two individuals [a man and woman] may be proved by
  evidence that:
               (1)  a declaration of their marriage has been signed as
  provided by this subchapter; or
               (2)  the individuals [man and woman] agreed to be
  married and after the agreement they lived together in this state as
  spouses [husband and wife] and there represented to others that
  they were married.
         SECTION 1.05.  Section 2.402(b), Family Code, is amended to
  read as follows:
         (b)  The declaration form must contain:
               (1)  a heading entitled "Declaration and Registration
  of Informal Marriage, ___________ County, Texas";
               (2)  spaces for each party's full name, including the
  [woman's maiden] surname of a party intending to change the party's
  surname as a result of the marriage, address, date of birth, place
  of birth, including city, county, and state, and social security
  number, if any;
               (3)  a space for indicating the type of document
  tendered by each party as proof of age and identity;
               (4)  printed boxes for each party to check "true" or
  "false" in response to the following statement: "The other party is
  not related to me as:
                     (A)  an ancestor or descendant, by blood or
  adoption;
                     (B)  a brother or sister, of the whole or half
  blood or by adoption;
                     (C)  a parent's brother or sister, of the whole or
  half blood or by adoption;
                     (D)  a son or daughter of a brother or sister, of
  the whole or half blood or by adoption;
                     (E)  a current or former stepchild or stepparent;
  or
                     (F)  a son or daughter of a parent's brother or
  sister, of the whole or half blood or by adoption.";
               (5)  a printed declaration and oath reading:  "I
  SOLEMNLY SWEAR (OR AFFIRM) THAT WE, THE UNDERSIGNED, ARE MARRIED TO
  EACH OTHER BY VIRTUE OF THE FOLLOWING FACTS:  ON OR ABOUT (DATE) WE
  AGREED TO BE MARRIED, AND AFTER THAT DATE WE LIVED TOGETHER AS
  SPOUSES [HUSBAND AND WIFE] AND IN THIS STATE WE REPRESENTED TO
  OTHERS THAT WE WERE MARRIED. SINCE THE DATE OF MARRIAGE TO THE OTHER
  PARTY I HAVE NOT BEEN MARRIED TO ANY OTHER PERSON.  THIS DECLARATION
  IS TRUE AND THE INFORMATION IN IT WHICH I HAVE GIVEN IS CORRECT.";
               (6)  spaces immediately below the printed declaration
  and oath for the parties' signatures; and
               (7)  a certificate of the county clerk that the parties
  made the declaration and oath and the place and date it was made.
         SECTION 1.06.  Section 3.401, Family Code, is amended by
  adding Subdivision (1) and amending Subdivisions (4) and (5) to
  read as follows:
               (1)  "Civil union" means any relationship status other
  than marriage that:
                     (A)  is intended as an alternative to marriage or
  applies primarily to cohabitating persons; and
                     (B)  grants to the parties of the relationship
  legal protections, benefits, or responsibilities granted to the
  spouses of a marriage.
               (4)  "Marital estate" means one of three estates:
                     (A)  the community property owned by the spouses
  together and referred to as the community marital estate; or
                     (B)  the separate property owned individually by
  each spouse [the husband] and referred to as a separate marital
  estate[; or
                     [(C) the separate property owned individually by
  the wife, also referred to as a separate marital estate].
               (5)  "Spouse" means one of the two individuals who are
  the parties to:
                     (A)  a marriage; or
                     (B)  [a husband, who is a man, or a wife, who is a
  woman. A member of] a civil union [or similar relationship] entered
  into in another state [between persons of the same sex is not a
  spouse].
         SECTION 1.07.  Section 6.104(b), Family Code, is amended to
  read as follows:
         (b)  In exercising its discretion, the court shall consider
  the pertinent facts concerning the welfare of the parties to the
  marriage, including whether a spouse [the female] is pregnant.
         SECTION 1.08.  Section 6.202(b), Family Code, is amended to
  read as follows:
         (b)  The later marriage that is void under this section
  becomes valid when the prior marriage is dissolved if, after the
  date of the dissolution, the parties have lived together as spouses
  [husband and wife] and represented themselves to others as being
  married.
         SECTION 1.09.  Section 6.203, Family Code, is amended to
  read as follows:
         Sec. 6.203.  CERTAIN VOID MARRIAGES VALIDATED. Except for a
  marriage that would have been void under Section 6.201, a marriage
  that was entered into before January 1, 1970, in violation of the
  prohibitions of Article 496, Penal Code of Texas, 1925, is
  validated from the date the marriage commenced if the parties
  continued until January 1, 1970, to live together as spouses
  [husband and wife] and to represent themselves to others as being
  married.
         SECTION 1.10.  Section 6.704, Family Code, is amended to
  read as follows:
         Sec. 6.704.  TESTIMONY OF SPOUSE [HUSBAND OR WIFE].  (a)  In
  a suit for dissolution of a marriage, each spouse is a [the husband
  and wife are] competent witness [witnesses] for and against the
  [each] other spouse. A spouse may not be compelled to testify as to
  a matter that will incriminate the spouse.
         (b)  If a spouse [the husband or wife] testifies, the court
  or jury trying the case shall determine the credibility of the
  witness and the weight to be given the witness's testimony.
         SECTION 1.11.  Chapter 51, Family Code, is amended by adding
  Section 51.015 to read as follows:
         Sec. 51.015.  CONSTRUCTION OF GENDER-SPECIFIC TERMINOLOGY.  
  When necessary to implement the rights and duties of spouses or
  parents in a marriage between persons of the same sex under the laws
  of this state, gender-specific terminology must be construed in a
  neutral manner to refer to a person of either gender.
         SECTION 1.12.  Chapter 101, Family Code, is amended by
  adding Section 101.0012 to read as follows:
         Sec. 101.0012.  CONSTRUCTION OF GENDER-SPECIFIC
  TERMINOLOGY.  When necessary to implement the rights and duties of
  spouses or parents in a marriage between persons of the same sex
  under the laws of this state, gender-specific terminology must be
  construed in a neutral manner to refer to a person of either gender.
         SECTION 1.13.  Section 101.024(a), Family Code, is amended
  to read as follows:
         (a)  "Parent" means the mother, a man presumed to be the
  father, an individual [a man] legally determined to be a parent [the
  father], an individual [a man] who has been adjudicated to be a
  parent [the father] by a court of competent jurisdiction, a man who
  has acknowledged his parentage [paternity] under applicable law, or
  an adoptive mother or father. Except as provided by Subsection (b),
  the term does not include a parent as to whom the parent-child
  relationship has been terminated.
         SECTION 1.14.  Section 108.009(b), Family Code, is amended
  to read as follows:
         (b)  The new certificate may not show that a parent-child
  [the father and child] relationship was established after the
  child's birth but may show the child's actual place and date of
  birth.
         SECTION 1.15.  Section 152.310(d), Family Code, is amended
  to read as follows:
         (d)  A privilege against disclosure of communications
  between spouses and a defense of immunity based on the relationship
  of spouses [husband and wife] or parent and child may not be invoked
  in a proceeding under this subchapter.
         SECTION 1.16.  Section 153.312(b), Family Code, is amended
  to read as follows:
         (b)  The following provisions govern possession of the child
  for vacations and certain specific holidays and supersede
  conflicting weekend or Thursday periods of possession.  The
  possessory conservator and the managing conservator shall have
  rights of possession of the child as follows:
               (1)  the possessory conservator shall have possession
  in even-numbered years, beginning at 6 p.m. on the day the child is
  dismissed from school for the school's spring vacation and ending
  at 6 p.m. on the day before school resumes after that vacation, and
  the managing conservator shall have possession for the same period
  in odd-numbered years;
               (2)  if a possessory conservator:
                     (A)  gives the managing conservator written
  notice by April 1 of each year specifying an extended period or
  periods of summer possession, the possessory conservator shall have
  possession of the child for 30 days beginning not earlier than the
  day after the child's school is dismissed for the summer vacation
  and ending not later than seven days before school resumes at the
  end of the summer vacation, to be exercised in not more than two
  separate periods of at least seven consecutive days each, with each
  period of possession beginning and ending at 6 p.m. on each
  applicable day; or
                     (B)  does not give the managing conservator
  written notice by April 1 of each year specifying an extended period
  or periods of summer possession, the possessory conservator shall
  have possession of the child for 30 consecutive days beginning at 6
  p.m. on July 1 and ending at 6 p.m. on July 31;
               (3)  if the managing conservator gives the possessory
  conservator written notice by April 15 of each year, the managing
  conservator shall have possession of the child on any one weekend
  beginning Friday at 6 p.m. and ending at 6 p.m. on the following
  Sunday during one period of possession by the possessory
  conservator under Subdivision (2), provided that the managing
  conservator picks up the child from the possessory conservator and
  returns the child to that same place; and
               (4)  if the managing conservator gives the possessory
  conservator written notice by April 15 of each year or gives the
  possessory conservator 14 days' written notice on or after April 16
  of each year, the managing conservator may designate one weekend
  beginning not earlier than the day after the child's school is
  dismissed for the summer vacation and ending not later than seven
  days before school resumes at the end of the summer vacation, during
  which an otherwise scheduled weekend period of possession by the
  possessory conservator will not take place, provided that the
  weekend designated does not interfere with the possessory
  conservator's period or periods of extended summer possession or
  with Father's Day if the possessory conservator is a [the] father of
  the child who is entitled to possession of the child for Father's
  Day weekend that year.
         SECTION 1.17.  Sections 153.313 and 153.314, Family Code,
  are amended to read as follows:
         Sec. 153.313.  PARENTS WHO RESIDE OVER 100 MILES APART. If
  the possessory conservator resides more than 100 miles from the
  residence of the child, the possessory conservator shall have the
  right to possession of the child as follows:
               (1)  either regular weekend possession beginning on the
  first, third, and fifth Friday as provided under the terms
  applicable to parents who reside 100 miles or less apart or not more
  than one weekend per month of the possessory conservator's choice
  beginning at 6 p.m. on the day school recesses for the weekend and
  ending at 6 p.m. on the day before school resumes after the weekend,
  provided that the possessory conservator gives the managing
  conservator 14 days' written or telephonic notice preceding a
  designated weekend, and provided that the possessory conservator
  elects an option for this alternative period of possession by
  written notice given to the managing conservator within 90 days
  after the parties begin to reside more than 100 miles apart, as
  applicable;
               (2)  each year beginning at 6 p.m. on the day the child
  is dismissed from school for the school's spring vacation and
  ending at 6 p.m. on the day before school resumes after that
  vacation;
               (3)  if the possessory conservator:
                     (A)  gives the managing conservator written
  notice by April 1 of each year specifying an extended period or
  periods of summer possession, the possessory conservator shall have
  possession of the child for 42 days beginning not earlier than the
  day after the child's school is dismissed for the summer vacation
  and ending not later than seven days before school resumes at the
  end of the summer vacation, to be exercised in not more than two
  separate periods of at least seven consecutive days each, with each
  period of possession beginning and ending at 6 p.m. on each
  applicable day; or
                     (B)  does not give the managing conservator
  written notice by April 1 of each year specifying an extended period
  or periods of summer possession, the possessory conservator shall
  have possession of the child for 42 consecutive days beginning at 6
  p.m. on June 15 and ending at 6 p.m. on July 27;
               (4)  if the managing conservator gives the possessory
  conservator written notice by April 15 of each year the managing
  conservator shall have possession of the child on one weekend
  beginning Friday at 6 p.m. and ending at 6 p.m. on the following
  Sunday during one period of possession by the possessory
  conservator under Subdivision (3), provided that if a period of
  possession by the possessory conservator exceeds 30 days, the
  managing conservator may have possession of the child under the
  terms of this subdivision on two nonconsecutive weekends during
  that time period, and further provided that the managing
  conservator picks up the child from the possessory conservator and
  returns the child to that same place; and
               (5)  if the managing conservator gives the possessory
  conservator written notice by April 15 of each year, the managing
  conservator may designate 21 days beginning not earlier than the
  day after the child's school is dismissed for the summer vacation
  and ending not later than seven days before school resumes at the
  end of the summer vacation, to be exercised in not more than two
  separate periods of at least seven consecutive days each, with each
  period of possession beginning and ending at 6 p.m. on each
  applicable day, during which the possessory conservator may not
  have possession of the child, provided that the period or periods so
  designated do not interfere with the possessory conservator's
  period or periods of extended summer possession or with Father's
  Day if the possessory conservator is a [the] father of the child who
  is entitled to possession of the child for Father's Day weekend that
  year.
         Sec. 153.314.  HOLIDAY POSSESSION UNAFFECTED BY DISTANCE
  PARENTS RESIDE APART. The following provisions govern possession
  of the child for certain specific holidays and supersede
  conflicting weekend or Thursday periods of possession without
  regard to the distance the parents reside apart.  The possessory
  conservator and the managing conservator shall have rights of
  possession of the child as follows:
               (1)  the possessory conservator shall have possession
  of the child in even-numbered years beginning at 6 p.m. on the day
  the child is dismissed from school for the Christmas school
  vacation and ending at noon on December 28, and the managing
  conservator shall have possession for the same period in
  odd-numbered years;
               (2)  the possessory conservator shall have possession
  of the child in odd-numbered years beginning at noon on December 28
  and ending at 6 p.m. on the day before school resumes after that
  vacation, and the managing conservator shall have possession for
  the same period in even-numbered years;
               (3)  the possessory conservator shall have possession
  of the child in odd-numbered years, beginning at 6 p.m. on the day
  the child is dismissed from school before Thanksgiving and ending
  at 6 p.m. on the following Sunday, and the managing conservator
  shall have possession for the same period in even-numbered years;
               (4)  the parent not otherwise entitled under this
  standard possession order to present possession of a child on the
  child's birthday shall have possession of the child beginning at 6
  p.m. and ending at 8 p.m. on that day, provided that the parent
  picks up the child from the residence of the conservator entitled to
  possession and returns the child to that same place;
               (5)  if a conservator, the father shall have possession
  of the child beginning at 6 p.m. on the Friday preceding Father's
  Day and ending on Father's Day at 6 p.m., provided that, if he is not
  otherwise entitled under this standard possession order to present
  possession of the child, he picks up the child from the residence of
  the conservator entitled to possession and returns the child to
  that same place, except that if the child has two fathers appointed
  as conservators, the managing conservator shall have possession of
  the child for the period described by this subdivision in
  even-numbered years and the possessory conservator shall have
  possession of the child for that period in odd-numbered years; and
               (6)  if a conservator, the mother shall have possession
  of the child beginning at 6 p.m. on the Friday preceding Mother's
  Day and ending on Mother's Day at 6 p.m., provided that, if she is
  not otherwise entitled under this standard possession order to
  present possession of the child, she picks up the child from the
  residence of the conservator entitled to possession and returns the
  child to that same place, except that if the child has two mothers
  appointed as conservators, the managing conservator shall have
  possession of the child for the period described by this
  subdivision in even-numbered years and the possessory conservator
  shall have possession of the child for that period in odd-numbered
  years.
         SECTION 1.18.  The following provisions of the Family Code
  are repealed:
               (1)  Section 2.001(b); and
               (2)  Section 6.204.
         SECTION 1.19.  The change in law made by this article to
  Section 108.009(b), Family Code, applies only to a new birth
  certificate for a child born on or after the effective date of this
  Act.  A new birth certificate for a child born before that date is
  governed by the law in effect on the date the child was born, and the
  former law is continued in effect for that purpose.
         SECTION 1.20.  The changes in law made by this article to
  Sections 153.312(b), 153.313, and 153.314, Family Code, apply only
  to a court order providing for possession of or access to a child
  rendered on or after the effective date of this Act.  A court order
  rendered before the effective date of this Act is governed by the
  law in effect on the date the order was rendered, and the former law
  is continued in effect for that purpose.
  ARTICLE 2. GOVERNMENT CODE PROVISION
         SECTION 2.01.  Sections 810.001(h) and (i), Government Code,
  are repealed.
  ARTICLE 3.  HEALTH AND SAFETY CODE PROVISIONS
         SECTION 3.01.  Section 85.007(b), Health and Safety Code, is
  amended to read as follows:
         (b)  The materials in the education programs intended for
  persons younger than 18 years of age must[:
               [(1)] emphasize sexual abstinence before marriage and
  fidelity in marriage as the expected standard in terms of public
  health and the most effective ways to prevent HIV infection,
  sexually transmitted diseases, and unwanted pregnancies[; and
               [(2) state that homosexual conduct is not an acceptable
  lifestyle and is a criminal offense under Section 21.06, Penal
  Code].
         SECTION 3.02.  Section 163.001(a), Health and Safety Code,
  is amended to read as follows:
         (a)  The department shall develop a model public health
  education program suitable for school-age children and shall make
  the program available to any person on request.  The program should
  emphasize:
               (1)  that abstinence from sexual intercourse is the
  most effective protection against unwanted teenage pregnancy,
  sexually transmitted diseases, and acquired immune deficiency
  syndrome (AIDS) when transmitted sexually;
               (2)  that abstinence from sexual intercourse outside of
  [lawful] marriage is the expected societal standard for school-age
  unmarried persons; and
               (3)  the physical, emotional, and psychological
  dangers of substance abuse, including the risk of acquired immune
  deficiency syndrome (AIDS) through the sharing of needles during
  intravenous drug usage.
         SECTION 3.03.  Section 163.002, Health and Safety Code, is
  amended to read as follows:
         Sec. 163.002.  INSTRUCTIONAL ELEMENTS. Course materials and
  instruction relating to sexual education or sexually transmitted
  diseases should include:
               (1)  an emphasis on sexual abstinence as the only
  completely reliable method of avoiding unwanted teenage pregnancy
  and sexually transmitted diseases;
               (2)  an emphasis on the importance of self-control,
  responsibility, and ethical conduct in making decisions relating to
  sexual behavior;
               (3)  statistics, based on the latest medical
  information, that indicate the efficacy of the various forms of
  contraception;
               (4)  information concerning the laws relating to the
  financial responsibilities associated with pregnancy, childbirth,
  and child rearing;
               (5)  information concerning the laws prohibiting
  sexual abuse and the legal and counseling options available to
  victims of sexual abuse;
               (6)  information on how to cope with and rebuff
  unwanted physical and verbal sexual advances, as well as the
  importance of avoiding the sexual exploitation of other persons;
  and
               (7)  psychologically sound methods of resisting
  unwanted peer pressure[; and
               [(8) emphasis, provided in a factual manner and from a
  public health perspective, that homosexuality is not a lifestyle
  acceptable to the general public and that homosexual conduct is a
  criminal offense under Section 21.06, Penal Code].
         SECTION 3.04.  Section 191.0046(b), Health and Safety Code,
  is amended to read as follows:
         (b)  The state registrar shall issue without fee a certified
  copy of a record not otherwise prohibited by law to a veteran or to
  the veteran's widow or widower, orphan, or other dependent if the
  copy is for use in settling a claim against the government.
         SECTION 3.05.  Section 193.006(a), Health and Safety Code,
  is amended to read as follows:
         (a)  This section applies to the death certificate of a
  person who:
               (1)  served in a war, campaign, or expedition of the
  United States, the Confederate States of America, or the Republic
  of Texas;
               (2)  was the spouse, widower, [wife] or widow of a
  person who served in a war, campaign, or expedition of the United
  States, the Confederate States of America, or the Republic of
  Texas; or
               (3)  at the time of death was in the service of the
  United States.
         SECTION 3.06.  Section 574.045(d), Health and Safety Code,
  is amended to read as follows:
         (d)  A female patient must be accompanied by a female
  attendant unless the patient is accompanied by her father, male
  spouse [husband], or adult brother or son.
  ARTICLE 4.  PENAL CODE PROVISIONS
         SECTION 4.01.  Section 21.11(b), Penal Code, is amended to
  read as follows:
         (b)  It is an affirmative defense to prosecution under this
  section that the actor:
               (1)  was not more than three years older than the victim
  [and of the opposite sex];
               (2)  did not use duress, force, or a threat against the
  victim at the time of the offense; and
               (3)  at the time of the offense:
                     (A)  was not required under Chapter 62, Code of
  Criminal Procedure, to register for life as a sex offender; or
                     (B)  was not a person who under Chapter 62, Code of
  Criminal Procedure, had a reportable conviction or adjudication for
  an offense under this section.
         SECTION 4.02.  Section 21.06, Penal Code, is repealed.
         SECTION 4.03.  The change in law made by this article to
  Section 21.11, Penal Code, applies to an offense committed on or
  after the effective date of this Act and to any criminal action
  pending on the effective date of this Act for an offense committed
  before that effective date.  A final conviction for an offense under
  Section 21.11, Penal Code, that exists on the effective date of this
  Act is unaffected by this Act.
  ARTICLE 5.  EFFECTIVE DATE
         SECTION 5.01.  This Act takes effect September 1, 2023.
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