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AN ACT
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relating to expulsion from school or placement in a disciplinary |
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alternative education program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 37.006(c) and (d), Education Code, are |
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amended to read as follows: |
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(c) In addition to Subsections (a) and (b), a student shall |
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be removed from class and placed in a disciplinary alternative |
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education program under Section 37.008 based on conduct occurring |
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off campus and while the student is not in attendance at a |
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school-sponsored or school-related activity if: |
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(1) the student receives deferred prosecution under |
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Section 53.03, Family Code, for conduct defined as: |
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(A) a felony offense in Title 5, Penal Code; or |
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(B) the felony offense of aggravated robbery |
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under Section 29.03, Penal Code; |
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(2) a court or jury finds that the student has engaged |
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in delinquent conduct under Section 54.03, Family Code, for conduct |
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defined as: |
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(A) a felony offense in Title 5, Penal Code; or |
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(B) the felony offense of aggravated robbery |
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under Section 29.03, Penal Code; or |
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(3) the superintendent or the superintendent's |
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designee has a reasonable belief that the student has engaged in a |
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conduct defined as: |
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(A) a felony offense in Title 5, Penal Code; or |
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(B) the felony offense of aggravated robbery |
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under Section 29.03, Penal Code. |
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(d) In addition to Subsections (a), (b), and (c), a student |
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may be removed from class and placed in a disciplinary alternative |
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education program under Section 37.008 based on conduct occurring |
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off campus and while the student is not in attendance at a |
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school-sponsored or school-related activity if: |
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(1) the superintendent or the superintendent's |
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designee has a reasonable belief that the student has engaged in |
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conduct defined as a felony offense other than aggravated robbery |
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under Section 29.03, Penal Code, or those offenses defined in Title |
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5, Penal Code; and |
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(2) the continued presence of the student in the |
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regular classroom threatens the safety of other students or |
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teachers or will be detrimental to the educational process. |
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SECTION 2. Section 37.007(c), Education Code, is amended to |
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read as follows: |
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(c) A student may be expelled if the student, while placed |
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in a disciplinary [an] alternative education program, engages [for
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disciplinary reasons, continues to engage] in documented serious |
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[or persistent] misbehavior while on the program campus despite |
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documented behavioral interventions [that violates the district's
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student code of conduct]. For purposes of this subsection, |
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"serious misbehavior" means: |
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(1) deliberate violent behavior that poses a direct |
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threat to the health or safety of others; |
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(2) extortion, meaning the gaining of money or other |
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property by force or threat; |
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(3) conduct that constitutes coercion, as defined by |
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Section 1.07, Penal Code; or |
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(4) conduct that constitutes the offense of: |
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(A) public lewdness under Section 21.07, Penal |
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Code; |
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(B) indecent exposure under Section 21.08, Penal |
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Code; |
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(C) criminal mischief under Section 28.03, Penal |
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Code; |
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(D) personal hazing under Section 37.152; or |
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(E) harassment under Section 42.07(a)(1), Penal |
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Code, of a student or district employee. |
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SECTION 3. Section 37.0081(a), Education Code, is amended |
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to read as follows: |
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(a) Subject to Subsection (h), but notwithstanding any |
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other provision of this subchapter, the board of trustees of a |
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school district, or the board's designee, after an opportunity for |
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a hearing may expel a student and elect to place the student in an |
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alternative setting as provided by Subsection (a-1) if: |
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(1) the student: |
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(A) has received deferred prosecution under |
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Section 53.03, Family Code, for conduct defined as: |
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(i) a felony offense in Title 5, Penal Code; |
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or |
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(ii) the felony offense of aggravated |
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robbery under Section 29.03, Penal Code; |
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(B) has been found by a court or jury to have |
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engaged in delinquent conduct under Section 54.03, Family Code, for |
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conduct defined as: |
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(i) a felony offense in Title 5, Penal Code; |
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or |
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(ii) the felony offense of aggravated |
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robbery under Section 29.03, Penal Code; |
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(C) is charged with engaging in conduct defined |
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as: |
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(i) a felony offense in Title 5, Penal Code; |
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or |
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(ii) the felony offense of aggravated |
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robbery under Section 29.03, Penal Code; |
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(D) has been referred to a juvenile court for |
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allegedly engaging in delinquent conduct under Section 54.03, |
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Family Code, for conduct defined as: |
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(i) a felony offense in Title 5, Penal Code; |
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or |
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(ii) the felony offense of aggravated |
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robbery under Section 29.03, Penal Code; |
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(E) has received probation or deferred |
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adjudication for a felony offense under Title 5, Penal Code, or the |
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felony offense of aggravated robbery under Section 29.03, Penal |
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Code; |
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(F) has been convicted of a felony offense under |
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Title 5, Penal Code, or the felony offense of aggravated robbery |
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under Section 29.03, Penal Code; or |
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(G) has been arrested for or charged with a |
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felony offense under Title 5, Penal Code, or the felony offense of |
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aggravated robbery under Section 29.03, Penal Code; and |
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(2) the board or the board's designee determines that |
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the student's presence in the regular classroom: |
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(A) threatens the safety of other students or |
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teachers; |
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(B) will be detrimental to the educational |
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process; or |
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(C) is not in the best interests of the |
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district's students. |
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SECTION 4. Sections 37.011(k) and (l), Education Code, are |
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amended to read as follows: |
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(k) Each school district in a county with a population |
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greater than 125,000 and the county juvenile board shall annually |
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enter into a joint memorandum of understanding that: |
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(1) outlines the responsibilities of the juvenile |
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board concerning the establishment and operation of a juvenile |
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justice alternative education program under this section; |
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(2) defines the amount and conditions on payments from |
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the school district to the juvenile board for students of the school |
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district served in the juvenile justice alternative education |
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program whose placement was not made on the basis of an expulsion |
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required under Section 37.007(a), (d), or (e); |
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(3) establishes [identifies those categories of
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conduct] that [the school district has defined in its student code
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of conduct as constituting serious or persistent misbehavior for
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which] a student may be placed in the juvenile justice alternative |
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education program if the student engages in serious misbehavior, as |
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defined by Section 37.007(c); |
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(4) identifies and requires a timely placement and |
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specifies a term of placement for expelled students for whom the |
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school district has received a notice under Section 52.041(d), |
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Family Code; |
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(5) establishes services for the transitioning of |
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expelled students to the school district prior to the completion of |
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the student's placement in the juvenile justice alternative |
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education program; |
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(6) establishes a plan that provides transportation |
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services for students placed in the juvenile justice alternative |
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education program; |
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(7) establishes the circumstances and conditions |
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under which a juvenile may be allowed to remain in the juvenile |
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justice alternative education program setting once the juvenile is |
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no longer under juvenile court jurisdiction; and |
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(8) establishes a plan to address special education |
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services required by law. |
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(l) The school district shall be responsible for providing |
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an immediate educational program to students who engage in behavior |
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resulting in expulsion under Section 37.007(b)[, (c),] and (f) but |
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who are not eligible for admission into the juvenile justice |
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alternative education program in accordance with the memorandum of |
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understanding required under this section. The school district may |
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provide the program or the school district may contract with a |
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county juvenile board, a private provider, or one or more other |
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school districts to provide the program. The memorandum of |
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understanding shall address the circumstances under which such |
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students who continue to engage in serious [or persistent] |
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misbehavior, as defined by Section 37.007(c), shall be admitted |
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into the juvenile justice alternative education program. |
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SECTION 5. (a) Except as provided by Subsection (b) of this |
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section, this Act applies beginning with the 2011-2012 school year. |
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(b) Sections 37.007(c) and 37.011(k) and (l), Education |
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Code, as amended by this Act, apply beginning with the 2012-2013 |
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school year. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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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. 968 was passed by the House on April |
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19, 2011, by the following vote: Yeas 141, Nays 4, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 968 on May 26, 2011, by the following vote: Yeas 143, Nays 0, 2 |
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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. 968 was passed by the Senate, with |
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amendments, on May 24, 2011, by the following vote: Yeas 31, Nays |
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0. |
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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 |