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AN ACT
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relating to the rights of a guardian of a person in the criminal |
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justice system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 26, Code of Criminal Procedure, is |
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amended by adding Article 26.041 to read as follows: |
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Art. 26.041. PROCEDURES RELATED TO GUARDIANSHIPS. (a) In |
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this article: |
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(1) "Guardian" has the meaning assigned by Section |
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1002.012, Estates Code. |
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(2) "Letters of guardianship" means a certificate |
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issued under Section 1106.001(a), Estates Code. |
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(b) A guardian who provides a court with letters of |
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guardianship for a defendant may: |
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(1) provide information relevant to the determination |
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of indigency; and |
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(2) request that counsel be appointed in accordance |
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with this chapter. |
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SECTION 2. Section 501.010, Government Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1) and (b-1) to |
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read as follows: |
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(a) In this section: |
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(1) "Guardian" has the meaning assigned by Section |
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1002.012, Estates Code. |
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(2) "Letters of guardianship" means a certificate |
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issued under Section 1106.001(a), Estates Code. |
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(a-1) The institutional division shall allow the governor, |
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members of the legislature, and members of the executive and |
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judicial branches to enter at proper hours any part of a facility |
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operated by the division where inmates are housed or worked, for the |
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purpose of observing the operations of the division. A visitor |
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described by this subsection may talk with inmates away from |
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institutional division employees. |
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(b-1) The uniform visitation policy must: |
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(1) allow visitation by a guardian of an inmate to the |
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same extent as the inmate's next of kin, including placing the |
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guardian on the inmate's approved visitors list on the guardian's |
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request and providing the guardian access to the inmate during a |
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facility's standard visitation hours if the inmate is otherwise |
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eligible to receive visitors; and |
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(2) require the guardian to provide the warden with |
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letters of guardianship before being allowed to visit the inmate. |
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SECTION 3. Section 507.030, Government Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (a-1) to |
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read as follows: |
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(a) In this section: |
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(1) "Guardian" has the meaning assigned by Section |
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1002.012, Estates Code. |
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(2) "Letters of guardianship" means a certificate |
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issued under Section 1106.001(a), Estates Code. |
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(a-1) The state jail division shall allow the governor, |
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members of the legislature, and officials of the executive and |
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judicial branches to enter during business hours any part of a |
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facility operated by the division, for the purpose of observing the |
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operations of the division. A visitor described by this subsection |
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may talk with defendants away from division employees. |
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(b) The state jail division shall establish a visitation |
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policy for persons confined in state jail felony facilities. The |
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visitation policy must: |
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(1) allow visitation by a guardian of a defendant |
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confined in a state jail felony facility to the same extent as the |
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defendant's next of kin, including placing the guardian on the |
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defendant's approved visitors list on the guardian's request and |
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providing the guardian access to the defendant during a facility's |
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standard visitation hours if the defendant is otherwise eligible to |
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receive visitors; and |
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(2) require the guardian to provide the director of |
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the facility with letters of guardianship before being allowed to |
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visit the defendant. |
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SECTION 4. Section 511.009(a), Government Code, is amended |
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to read as follows: |
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(a) The commission shall: |
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(1) adopt reasonable rules and procedures |
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establishing minimum standards for the construction, equipment, |
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maintenance, and operation of county jails; |
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(2) adopt reasonable rules and procedures |
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establishing minimum standards for the custody, care, and treatment |
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of prisoners; |
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(3) adopt reasonable rules establishing minimum |
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standards for the number of jail supervisory personnel and for |
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programs and services to meet the needs of prisoners; |
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(4) adopt reasonable rules and procedures |
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establishing minimum requirements for programs of rehabilitation, |
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education, and recreation in county jails; |
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(5) revise, amend, or change rules and procedures if |
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necessary; |
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(6) provide to local government officials |
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consultation on and technical assistance for county jails; |
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(7) review and comment on plans for the construction |
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and major modification or renovation of county jails; |
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(8) require that the sheriff and commissioners of each |
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county submit to the commission, on a form prescribed by the |
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commission, an annual report on the conditions in each county jail |
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within their jurisdiction, including all information necessary to |
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determine compliance with state law, commission orders, and the |
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rules adopted under this chapter; |
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(9) review the reports submitted under Subdivision (8) |
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and require commission employees to inspect county jails regularly |
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to ensure compliance with state law, commission orders, and rules |
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and procedures adopted under this chapter; |
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(10) adopt a classification system to assist sheriffs |
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and judges in determining which defendants are low-risk and |
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consequently suitable participants in a county jail work release |
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program under Article 42.034, Code of Criminal Procedure; |
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(11) adopt rules relating to requirements for |
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segregation of classes of inmates and to capacities for county |
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jails; |
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(12) require that the chief jailer of each municipal |
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lockup submit to the commission, on a form prescribed by the |
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commission, an annual report of persons under 17 years of age |
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securely detained in the lockup, including all information |
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necessary to determine compliance with state law concerning secure |
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confinement of children in municipal lockups; |
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(13) at least annually determine whether each county |
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jail is in compliance with the rules and procedures adopted under |
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this chapter; |
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(14) require that the sheriff and commissioners court |
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of each county submit to the commission, on a form prescribed by the |
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commission, an annual report of persons under 17 years of age |
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securely detained in the county jail, including all information |
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necessary to determine compliance with state law concerning secure |
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confinement of children in county jails; |
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(15) schedule announced and unannounced inspections |
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of jails under the commission's jurisdiction using the risk |
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assessment plan established under Section 511.0085 to guide the |
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inspections process; |
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(16) adopt a policy for gathering and distributing to |
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jails under the commission's jurisdiction information regarding: |
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(A) common issues concerning jail |
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administration; |
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(B) examples of successful strategies for |
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maintaining compliance with state law and the rules, standards, and |
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procedures of the commission; and |
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(C) solutions to operational challenges for |
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jails; |
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(17) report to the Texas Correctional Office on |
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Offenders with Medical or Mental Impairments on a jail's compliance |
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with Article 16.22, Code of Criminal Procedure; |
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(18) adopt reasonable rules and procedures |
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establishing minimum requirements for jails to: |
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(A) determine if a prisoner is pregnant; and |
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(B) ensure that the jail's health services plan |
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addresses medical and mental health care, including nutritional |
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requirements, and any special housing or work assignment needs for |
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persons who are confined in the jail and are known or determined to |
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be pregnant; [and] |
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(19) provide guidelines to sheriffs regarding |
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contracts between a sheriff and another entity for the provision of |
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food services to or the operation of a commissary in a jail under |
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the commission's jurisdiction, including specific provisions |
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regarding conflicts of interest and avoiding the appearance of |
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impropriety; and |
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(20) adopt reasonable rules and procedures regarding |
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visitation of a prisoner at a county jail by a guardian, as defined |
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by Section 1002.012, Estates Code, that: |
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(A) allow visitation by a guardian to the same |
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extent as the prisoner's next of kin, including placing the |
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guardian on the prisoner's approved visitors list on the guardian's |
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request and providing the guardian access to the prisoner during a |
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facility's standard visitation hours if the prisoner is otherwise |
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eligible to receive visitors; and |
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(B) require the guardian to provide the sheriff |
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with letters of guardianship issued as provided by Section |
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1106.001, Estates Code, before being allowed to visit the prisoner. |
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SECTION 5. Not later than December 1, 2015: |
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(1) the Texas Department of Criminal Justice shall |
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revise visitation policies consistent with Sections 501.010 and |
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507.030, Government Code, as amended by this Act; and |
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(2) the Commission on Jail Standards shall establish |
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rules and procedures as required by Section 511.009(a)(20), |
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Government Code, as added by this Act. |
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SECTION 6. Article 26.041, Code of Criminal Procedure, as |
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added by this Act, applies to a defendant for whom indigency is at |
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issue, regardless of whether the defendant is arrested before, on, |
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or after the effective date of this Act. |
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SECTION 7. This Act takes effect September 1, 2015. |
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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. 634 was passed by the House on May 8, |
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2015, by the following vote: Yeas 142, Nays 0, 2 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. 634 was passed by the Senate on May |
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26, 2015, 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 |