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Left denied there was any problem at all. now state of texas passing a law, a law, house bill 308, that says school districts in the lonestar state cannot stop anyone from saying merry christmas or happy hanukkah. for some it's trivial, but for you culture warriors out there, you know texas doing the right thing by respecting american tradition. "factor" tip of the day. that's it for us tonight. check out the fox news "factor" website, different than billoreilly.com. we'd like to to spout off about "the factor" anywhere in the world. o'reillword of the day, dowsabe. great word, dowsabel.

Right? >> a state cannot petition for a waiver if it does t have a hybrid re-insurance risk-sharing arrangement in place and functional when they petition for that waiver. look -- >> wait a second. this interesting to me because i've talked to congressman cole last night and to you as well. and the defenses weirdly don't affirmatively defend the waiver. what the basically defenses end up to is the waiver is really hard to get. but the waiver -- >> no, the waiver is there for any state. now, i will share with you, chris, i am not aware of any state that has really seriously inquired about this ...