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AN ACT
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relating to the regulation of horse and dog racing. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1.03, Texas Racing Act (Article 179e, |
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Vernon's Texas Civil Statutes), is amended by amending Subdivisions |
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(36) and (53) and adding Subdivision (79) to read as follows: |
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(36) "Trainer" means a person who is licensed by the |
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commission to train racehorses or greyhounds. |
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(53) "Judge" means a racing official with general |
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authority and supervision over: |
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(A) the conduct of a licensed race meeting; and |
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(B) all licensees at a racetrack during a race |
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meeting [an executive official of a greyhound racetrack]. |
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(79) "Executive director" means the executive |
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secretary of the Texas Racing Commission. |
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SECTION 2. Section 2.12, Texas Racing Act (Article 179e, |
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Vernon's Texas Civil Statutes), is amended by adding Subsection |
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(a-1) to read as follows: |
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(a-1) The commission and the executive secretary may use the |
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title "executive director" for any purpose in referring to the |
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office of executive secretary. |
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SECTION 3. Section 3.16(b), Texas Racing Act (Article 179e, |
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Vernon's Texas Civil Statutes), is amended to read as follows: |
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(b) The commission [may require prerace testing and] shall |
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require [postrace] testing to determine whether a prohibited |
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substance has been used. The testing may be prerace or postrace as |
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determined by the commission. The testing may be by an invasive or |
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noninvasive method. The commission's rules shall require |
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state-of-the-art testing methods. |
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SECTION 4. Section 5.01, Texas Racing Act (Article 179e, |
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Vernon's Texas Civil Statutes), is amended by adding Subsection (d) |
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to read as follows: |
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(d) The commission by rule shall set fees in amounts |
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reasonable and necessary to cover the commission's costs of |
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regulating, overseeing, and licensing live and simulcast racing at |
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racetracks. |
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SECTION 5. Section 5.03(b), Texas Racing Act (Article 179e, |
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Vernon's Texas Civil Statutes), is amended to read as follows: |
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(b) If a complete set of fingerprints is required by the |
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commission, the commission shall, not later than the 10th business |
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[next] day after the date the commission receives [receiving] the |
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prints, forward the prints to the Department of Public Safety or the |
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Federal Bureau of Investigation. If the prints are forwarded to the |
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Department of Public Safety, the department shall classify the |
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prints and check them against its fingerprint files and shall |
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report to the commission its findings concerning the criminal |
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record of the applicant or the lack of such a record. A racetrack |
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license may not be issued until the report is made to the |
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commission. A temporary occupational license may be issued before |
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a report is made to the commission. |
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SECTION 6. Section 6.06, Texas Racing Act (Article 179e, |
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Vernon's Texas Civil Statutes), is amended by amending Subsection |
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(h) and adding Subsections (j) and (k) to read as follows: |
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(h) A person may not own more than a five percent interest in |
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more than three [two] racetracks licensed under this Act. |
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(j) Notwithstanding any other law, a person who owns an |
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interest in two or more racetracks licensed under this Act and who |
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also owns an interest in a license issued under Subtitle B, Title 3, |
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Alcoholic Beverage Code, may own an interest in the premises of |
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another holder of a license or permit under Title 3, Alcoholic |
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Beverage Code, if the premises of that other license or permit |
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holder are part of the premises of a racetrack licensed under this |
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Act. |
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(k) The commission shall review the ownership and |
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management of a license issued under this article every five years |
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beginning on the fifth anniversary of the issuance of the license. |
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In performing the review, the commission may require the license |
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holder to provide any information that would be required to be |
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provided in connection with an original license application under |
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Article 5 of this Act or this article. The commission shall charge |
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fees for the review in amounts sufficient to implement this |
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subsection. |
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SECTION 7. Section 6.09(c), Texas Racing Act (Article 179e, |
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Vernon's Texas Civil Statutes), is amended to read as follows: |
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(c) On each racing day, the association shall pay[:
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[(1)] the fee due the state to the comptroller[; and
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[(2)
the 50 percent of the breakage due the state to
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the commission]. |
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SECTION 8. Section 6.091(a), Texas Racing Act (Article |
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179e, Vernon's Texas Civil Statutes), is amended to read as |
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follows: |
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(a) An association shall distribute from the total amount |
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deducted as provided by Sections 6.08(a) and 6.09(a) of this Act |
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from each simulcast pari-mutuel pool and each simulcast |
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cross-species pool the following shares: |
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(1) [(A) until January 1, 1999, an amount equal to 0.25
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percent of each simulcast pari-mutuel pool and each simulcast
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cross-species simulcast pool as the amount set aside to reimburse
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the general revenue fund for amounts that are appropriated for the
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administration and enforcement of this Act and that are in excess of
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the cumulative amount of funds deposited in the Texas Racing
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Commission fund, until the excess amount and interest on the excess
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amount are fully reimbursed;
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[(B)] an amount equal to one percent of each |
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simulcast pool as the amount set aside for the state; [and] |
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(2) [(C)] an amount equal to 1.25 percent of each |
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simulcast cross-species [simulcast] pool as the amount set aside |
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for the state; |
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[(2)
an amount equal to 0.25 percent of each pool set
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aside to reimburse the general revenue fund for amounts that are
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appropriated for the administration and enforcement of this Act and
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that are in excess of the cumulative amount of funds deposited in
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the Texas Racing Commission fund, until the excess amount and
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interest on the excess amount are fully reimbursed;] |
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(3) if the association is a horse racing association, |
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an amount equal to one percent of a multiple two wagering pool or |
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multiple three wagering pool as the amount set aside for the |
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Texas-bred program to be used as provided by Section 6.08(f) of this |
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Act; |
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(4) if the association is a greyhound association, an |
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amount equal to one percent of a multiple two wagering pool or a |
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multiple three wagering pool as the amount set aside for the |
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Texas-bred program for greyhound races, to be distributed and used |
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in accordance with rules of the commission adopted to promote |
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greyhound breeding in this state; and |
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(5) the remainder as the amount set aside for purses, |
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expenses, the sending association, and the receiving location |
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pursuant to a contract approved by the commission between the |
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sending association and the receiving location. |
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SECTION 9. Section 6.13(b), Texas Racing Act (Article 179e, |
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Vernon's Texas Civil Statutes), is amended to read as follows: |
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(b) Each transaction that involves an acquisition or a |
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transfer of a pecuniary interest in the association must receive |
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prior approval from the commission. A transaction that changes the |
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ownership of the association requires submission of updated |
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information of the type required to be disclosed under Subsection |
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(a) of Section 6.03 of this Act and payment of a fee to recover the |
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costs of the criminal background check. |
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SECTION 10. Section 6.16(a), Texas Racing Act (Article |
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179e, Vernon's Texas Civil Statutes), is amended to read as |
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follows: |
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(a) An association may not employ any person who has been a |
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member of the commission, the executive secretary of the |
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commission, or an employee employed by the commission in a position |
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in the state employment classification plan of grade 12 or above, or |
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any person related within the second degree by affinity or the third |
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degree by consanguinity, as determined under Chapter 573, |
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Government Code [Article 5996h, Revised Statutes], to such a member |
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or employee, during the one-year [two-year] period immediately |
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preceding the employment by the association. |
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SECTION 11. Section 11.07, Texas Racing Act (Article 179e, |
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Vernon's Texas Civil Statutes), is amended by amending Subsection |
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(a) and adding Subsection (a-1) to read as follows: |
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(a) A person who claims to be entitled to any part of a |
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distribution from a pari-mutuel pool [and who fails to claim the
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money due the person before the completion of the race meeting at
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which the pool was formed] may, not later than the first anniversary |
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of the [60th] day the ticket was purchased [after the closing day of
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the meeting], file with the association a claim for the money |
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together with a substantial portion of the pari-mutuel ticket |
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sufficient to identify the association, race, and horse or |
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greyhound involved and sufficient to show the amount wagered and |
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the type of ticket. |
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(a-1) A person who claims to be entitled to money from a |
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pari-mutuel voucher may before the first anniversary of the day the |
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voucher was issued file with the association a claim for the money |
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together with a substantial portion of the pari-mutuel voucher |
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sufficient to identify the association, the serial number, the date |
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issued, and the amount of the voucher. |
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SECTION 12. Sections 6.19 and 11.08, Texas Racing Act |
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(Article 179e, Vernon's Texas Civil Statutes), are repealed. |
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SECTION 13. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2701 was passed by the House on May |
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11, 2007, by the following vote: Yeas 117, Nays 22, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2701 on May 25, 2007, by the following vote: Yeas 111, Nays 25, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2701 was passed by the Senate, with |
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amendments, on May 23, 2007, by the following vote: Yeas 29, Nays |
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1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |