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AN ACT
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relating to the licensing and regulation of dentists, dental |
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hygienists, dental assistants, and dental laboratories; providing |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (b), Section 252.002, Occupations |
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Code, is amended to read as follows: |
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(b) A person is not eligible for appointment as a dentist or |
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dental hygienist member of the board if the person[:
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[(1)
is a member of the faculty of a dental or dental
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hygiene school or of the dental or dental hygiene department of a
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medical school; or
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[(2)] has a financial interest in any dental, dental |
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hygiene, or medical school. |
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SECTION 2. Subsection (b), Section 252.004, Occupations |
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Code, is amended to read as follows: |
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(b) A member may not serve more than two consecutive full |
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terms [only one six-year term]. The completion of the unexpired |
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portion of a term does not constitute service for a full term for |
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purposes of this subsection. |
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SECTION 3. Subsection (a), Section 256.105, Occupations |
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Code, is amended to read as follows: |
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(a) Each dentist, dental hygienist, and owner or manager of |
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a dental laboratory licensed or registered with the board shall |
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timely notify the board of: |
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(1) any change of address of the person's place of |
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business; [and] |
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(2) any change of employers for the dentist or dental |
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hygienist and any change of owners or managers for the dental |
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laboratory; and |
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(3) any change of the person's mailing address. |
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SECTION 4. Section 257.001, Occupations Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) An initial license issued under this subtitle expires on |
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the 30th day after the date the license is issued if the holder of |
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the license fails to pay the required license fee on or before that |
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date. |
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SECTION 5. Subsection (b), Section 262.054, Occupations |
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Code, is amended to read as follows: |
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(b) A member may not serve more than two consecutive full |
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terms [only one six-year term]. The completion of the unexpired |
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portion of a term does not constitute service for a full term for |
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purposes of this subsection. |
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SECTION 6. Subchapter A, Chapter 264, Occupations Code, is |
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amended by adding Section 264.0115 to read as follows: |
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Sec. 264.0115. ALTERNATIVE INFORMAL ASSESSMENT OF |
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ADMINISTRATIVE PENALTY. (a) The board by rule may establish |
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procedures for the alternative informal assessment of |
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administrative penalties for violations of this subtitle that do |
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not involve the provision of direct patient care by a person |
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licensed or regulated under this subtitle. |
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(b) A penalty assessed under this section may consist only |
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of a monetary penalty that does not exceed $1,000 for each |
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violation. The total amount of penalties assessed against a person |
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under this section may not exceed $3,000 in a calendar year. If the |
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board establishes penalties under this section, the board by rule |
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shall adopt a standardized schedule of the penalties. |
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(c) The assessment of a penalty under this section is not |
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valid unless the person against whom the penalty is assessed |
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receives a notice of violation that contains at a minimum: |
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(1) a clear statement of the violation, including a |
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citation to the relevant section of this subtitle; |
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(2) the amount of the penalty assessed for each |
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violation; and |
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(3) a statement that the person may either pay the |
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penalty or appeal the penalty in writing. |
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(d) If the board establishes penalties under this section, |
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the board shall establish procedures for categorizing the |
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penalties. |
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(e) A person who is assessed an administrative penalty under |
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this section is entitled to a hearing under Chapter 2001, |
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Government Code. |
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SECTION 7. Section 264.151, Occupations Code, is amended to |
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read as follows: |
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Sec. 264.151. CRIMINAL PENALTIES [PENALTY]. (a) A person |
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commits an offense if the person violates Section 256.001 [this
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subtitle]. An offense under this subsection is a felony of the |
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third degree. Each day of a violation is a separate offense. |
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(b) A person commits an offense if the person violates |
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Section 256.052. An offense under this subsection [section] is a |
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Class A misdemeanor. If it is shown at the trial of an offense under |
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this subsection that the defendant has previously been convicted of |
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an offense for a violation of Section 256.052, the offense is a |
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felony of the third degree. |
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(c) A person commits an offense if the person violates |
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Subchapter D, Chapter 262. An offense under this subsection is a |
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Class A misdemeanor. Each day of a violation is a separate offense |
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[A violation under this section does not include a violation to
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which Section 262.203 applies]. |
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(d) A person commits an offense if the person is a dentist or |
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dental hygienist and violates an injunction or cease and desist |
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order issued under Subchapter B. An offense under this subsection |
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is a Class A misdemeanor. If it is shown at the trial of an offense |
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under this subsection [section] that the defendant was previously |
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convicted of an offense for a violation of an injunction or cease |
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and desist order issued under Subchapter B [under this section or if
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the offense involves practicing without an appropriate board
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license], the offense is a felony of the third degree. |
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[(e)] Each day of a violation is a separate offense. |
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SECTION 8. Section 265.005, Occupations Code, is amended by |
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adding Subsections (m), (n), and (o) to read as follows: |
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(m) A dental assistant who holds a certificate of |
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registration issued under this section shall display the person's |
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current certificate of registration in each office in which the |
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person makes dental x-rays. If the person makes dental x-rays at |
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more than one location, the person may display a duplicate of the |
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original registration certificate obtained from the board on |
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payment of a duplicate certificate fee set by the board. |
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(n) A dental assistant who holds a certificate of |
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registration issued under this section shall timely notify the |
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board of: |
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(1) any change of address of the person's place of |
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business; |
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(2) any change of employers; and |
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(3) any change of the person's mailing address. |
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(o) An initial certificate of registration issued under |
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this section expires on the 30th day after the date the certificate |
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is issued if the holder of the certificate fails to pay the required |
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certificate fee on or before that date. |
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SECTION 9. Subsection (a), Section 266.101, Occupations |
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Code, is amended to read as follows: |
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(a) The council shall review each application for |
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registration or renewal of registration to determine if the |
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applicant meets the requirements of this chapter. [The council
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shall provide to the board a list of applicants eligible for
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registration.] |
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SECTION 10. Subchapter D, Chapter 266, Occupations Code, is |
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amended by adding Section 266.155 to read as follows: |
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Sec. 266.155. INITIAL REGISTRATION CERTIFICATE FEE. An |
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initial registration certificate issued under this subchapter |
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expires on the 30th day after the date the registration certificate |
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is issued if the holder of the registration certificate fails to pay |
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the required registration certificate fee on or before that date. |
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SECTION 11. Section 266.303, Occupations Code, is amended |
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by amending Subsection (c) and adding Subsections (d) and (e) to |
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read as follows: |
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(c) An offense for a violation of Section 266.301(c) [or
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(d)] is a Class C misdemeanor. If it is shown on the trial of an |
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offense under this section that the defendant has previously been |
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convicted for an offense for a violation of Section 266.301(c) |
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[under this subsection], the offense is a Class A misdemeanor. |
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(d) An offense for a violation of Section 266.301(d) is a |
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Class B misdemeanor. If it is shown on the trial of an offense under |
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this section that the defendant has previously been convicted of an |
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offense for a violation of Section 266.301(d), the offense is a |
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Class A misdemeanor. |
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(e) Each day of a violation is a separate offense. |
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SECTION 12. Section 262.203, Occupations Code, is repealed. |
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SECTION 13. (a) The changes in law made by this Act by the |
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repeal of Section 262.203, Occupations Code, and the amendment of |
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Sections 264.151 and 266.303, Occupations Code, apply only to an |
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offense committed on or after the effective date of this Act. For |
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purposes of this section, an offense is committed before the |
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effective date of this Act if any element of the offense occurs |
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before that date. |
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(b) An offense committed before the effective date of this |
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Act is covered by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. |
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SECTION 14. The changes in law made by this Act by the |
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enactment of Subsection (d), Section 257.001, Subsection (o), |
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Section 265.005, and Section 266.155, Occupations Code, apply only |
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to a license, certificate of registration, or registration |
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certificate initially issued on or after the effective date of this |
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Act. A license, certificate of registration, or registration |
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certificate initially issued before the effective date of this Act |
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is governed by the law in effect on the date the license, |
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certificate of registration, or registration certificate is |
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issued, and the former law is continued in effect for that purpose. |
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SECTION 15. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 887 passed the Senate on |
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April 9, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 887 passed the House on |
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May 27, 2009, by the following vote: Yeas 148, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |