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AN ACT
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relating to the creation of the Terrell County Groundwater |
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Conservation District; providing authority to impose a tax and |
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issue bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle H, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8837 to read as follows: |
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CHAPTER 8837. TERRELL COUNTY GROUNDWATER |
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CONSERVATION DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8837.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "Commissioners court" means the Terrell County |
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Commissioners Court. |
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(3) "Director" means a member of the board. |
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(4) "District" means the Terrell County Groundwater |
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Conservation District. |
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Sec. 8837.002. NATURE OF DISTRICT. The district is a |
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groundwater conservation district in Terrell County created under |
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and essential to accomplish the purposes of Section 59, Article |
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XVI, Texas Constitution. |
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Sec. 8837.003. CONFIRMATION ELECTION REQUIRED. If the |
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creation of the district is not confirmed at a confirmation |
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election held under Section 8837.022 before December 31, 2012: |
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(1) the district is dissolved December 31, 2012, |
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except that: |
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(A) any debts incurred shall be paid; |
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(B) any assets that remain after the payment of |
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debts shall be transferred to Terrell County; and |
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(C) the organization of the district shall be |
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maintained until all debts are paid and remaining assets are |
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transferred; and |
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(2) this chapter expires September 1, 2016. |
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Sec. 8837.004. INITIAL DISTRICT TERRITORY. The initial |
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boundaries of the district are coextensive with the boundaries of |
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Terrell County, Texas. |
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Sec. 8837.005. DISTRICT NAME CHANGE. The board may change |
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the district's name when the district annexes territory. |
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Sec. 8837.006. APPLICABILITY OF OTHER GROUNDWATER |
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CONSERVATION DISTRICT LAW. (a) Except as otherwise provided by |
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this chapter, Chapter 36, Water Code, applies to the district. |
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(b) Section 36.121, Water Code, does not apply to the |
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district. |
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[Sections 8837.007-8837.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 8837.021. APPOINTMENT OF INITIAL DIRECTORS; TERMS. |
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(a) Not later than the 45th day after the effective date of the Act |
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enacting this chapter, the commissioners court shall appoint five |
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initial directors in a manner that meets the representational |
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requirements of Section 8837.051. |
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(b) Except as provided by Section 8837.003, and |
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notwithstanding Section 8837.053, one director representing urban |
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interests and two directors representing agricultural interests |
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shall be appointed to terms that expire April 1, 2013. The other |
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two directors shall be appointed to terms that expire April 1, 2015. |
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Sec. 8837.022. CONFIRMATION ELECTION. (a) The initial |
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directors shall hold an election to confirm the creation of the |
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district. |
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(b) Section 41.001(a), Election Code, does not apply to an |
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election held under this section. |
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(c) Except as provided by this section, a confirmation |
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election must be conducted as provided by Sections 36.017(b)-(i), |
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Water Code, and the Election Code. The provision of Section |
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36.017(d), Water Code, relating to the election of directors does |
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not apply to an election under this section. |
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Sec. 8837.023. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2016. |
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[Sections 8837.024-8837.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8837.051. COMPOSITION OF BOARD. (a) The district is |
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governed by a board of five directors appointed by the |
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commissioners court. |
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(b) Two directors must represent urban interests in the |
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district and three must represent agricultural interests in the |
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district. |
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Sec. 8837.052. TERMS OF DIRECTORS. (a) Directors serve |
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staggered four-year terms, with two or three directors' terms |
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expiring April 1 of each odd-numbered year. |
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(b) A director may serve consecutive terms. |
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(c) The commissioners court shall appoint a director to |
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succeed a serving director on or before the date the serving |
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director's term expires. |
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Sec. 8837.053. VACANCIES. If there is a vacancy on the |
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board, the commissioners court shall appoint a person to fill the |
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vacancy for the remainder of the term in a manner that meets the |
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representational requirements of Section 8837.051. |
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Sec. 8837.054. COMPENSATION. (a) Sections 36.060(a), (b), |
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and (d), Water Code, do not apply to the district. |
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(b) A director is entitled to receive compensation of not |
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more than $50 a day for each day the director actually spends |
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performing the duties of a director. The compensation may not |
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exceed $3,000 a year. |
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(c) The board may authorize a director to receive |
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reimbursement for the director's reasonable expenses incurred |
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while engaging in activities on behalf of the board. |
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[Sections 8837.055-8837.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8837.101. GENERAL POWERS. Except as otherwise |
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provided by this chapter, the district has all of the rights, |
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powers, privileges, functions, and duties provided by the general |
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law of this state applicable to groundwater conservation districts |
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created under Section 59, Article XVI, Texas Constitution. |
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Sec. 8837.102. PROHIBITION ON DISTRICT PURCHASE, SALE, |
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TRANSPORT, OR DISTRIBUTION OF WATER. The district may not |
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purchase, sell, transport, or distribute surface water or |
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groundwater for any purpose. |
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Sec. 8837.103. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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[Sections 8837.104-8837.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8837.151. LIMITATION ON TAXES. The district may not |
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impose ad valorem taxes at a rate that exceeds 1.5 cents on each |
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$100 valuation of taxable property in the district. |
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Sec. 8837.152. FEES. (a) The board by rule may impose |
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reasonable fees on each well: |
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(1) for which a permit is issued by the district; and |
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(2) that is not exempt from district regulation. |
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(b) A production fee may be based on: |
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(1) the size of column pipe used by the well; or |
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(2) the amount of water actually withdrawn from the |
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well, or the amount authorized or anticipated to be withdrawn. |
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(c) The board shall base the initial production fee on the |
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criteria listed in Subsection (b)(2). The initial production fee: |
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(1) may not exceed: |
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(A) 25 cents per acre-foot for water used for |
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agricultural irrigation; or |
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(B) 4.25 cents per thousand gallons for water |
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used for any other purpose; and |
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(2) may be increased at a cumulative rate not to exceed |
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three percent per year. |
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(d) In addition to the production fee authorized under this |
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section, the district may assess an export fee on groundwater from a |
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well that is produced for transport outside the district. |
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(e) Fees authorized by this section may be: |
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(1) assessed annually; |
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(2) used to pay the cost of district operations; and |
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(3) used for any other purpose allowed under Chapter |
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36, Water Code. |
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Sec. 8837.153. LIMITATION ON INDEBTEDNESS. The district |
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may issue bonds and notes under Subchapter F, Chapter 36, Water |
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Code, except that the total indebtedness created by that issuance |
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may not exceed $500,000 at any time. |
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SECTION 2. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor has submitted the notice and Act to the |
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Texas Commission on Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, |
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lieutenant governor, and speaker of the house of representatives |
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within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 3. This 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. 2859 was passed by the House on April |
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26, 2011, by the following vote: Yeas 146, Nays 0, 3 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2859 was passed by the Senate on May |
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19, 2011, by the following vote: Yeas 31, Nays 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 |