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AN ACT
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relating to certain obligations of and limitations on landlords. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 24.005, Property Code, is amended by |
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amending Subsection (f) and adding Subsections (f-1) and (f-2) to |
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read as follows: |
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(f) Except as provided by Subsection (f-1), the [The] notice |
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to vacate shall be given in person or by mail at the premises in |
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question. Notice in person may be by personal delivery to the |
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tenant or any person residing at the premises who is 16 years of age |
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or older or personal delivery to the premises and affixing the |
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notice to the inside of the main entry door. Notice by mail may be |
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by regular mail, by registered mail, or by certified mail, return |
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receipt requested, to the premises in question. [If the dwelling
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has no mailbox and has a keyless bolting device, alarm system, or
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dangerous animal that prevents the landlord from entering the
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premises to leave the notice to vacate on the inside of the main
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entry door, the landlord may securely affix the notice on the
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outside of the main entry door.] |
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(f-1) As an alternative to the procedures of Subsection (f), |
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a landlord may deliver the notice to vacate by securely affixing to |
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the outside of the main entry door a sealed envelope that contains |
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the notice and on which is written the tenant's name, address, and |
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in all capital letters, the words "IMPORTANT DOCUMENT" or |
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substantially similar language and, not later than 5 p.m. of the |
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same day, depositing in the mail in the same county in which the |
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premises in question is located a copy of the notice to the tenant |
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if: |
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(1) the premises has no mailbox and has a keyless |
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bolting device, alarm system, or dangerous animal that prevents the |
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landlord from entering the premises to affix the notice to vacate to |
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the inside of the main entry door; or |
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(2) the landlord reasonably believes that harm to any |
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person would result from personal delivery to the tenant or a person |
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residing at the premises or from personal delivery to the premises |
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by affixing the notice to the inside of the main entry door. |
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(f-2) Notice to vacate under Subsection (f-1) is considered |
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delivered on the date the envelope is affixed to the outside of the |
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door and is deposited in the mail, regardless of the date the notice |
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is received. |
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SECTION 2. Section 54.046, Property Code, is amended to |
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read as follows: |
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Sec. 54.046. VIOLATION BY LANDLORD. If a landlord or the |
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landlord's agent wilfully violates this subchapter, the tenant is |
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entitled to: |
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(1) actual damages, return of any property seized that |
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has not been sold, return of the proceeds of any sale of seized |
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property, and the sum of one month's rent and $1,000 [or $500,
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whichever is greater], less any amount for which the tenant is |
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liable; and |
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(2) reasonable attorney's fees. |
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SECTION 3. Section 92.006, Property Code, is amended by |
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adding Subsection (h) to read as follows: |
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(h) A tenant's right to a jury trial in an action brought |
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under this chapter may not be waived in a lease or other written |
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agreement. |
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SECTION 4. Section 92.056(b), Property Code, is amended to |
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read as follows: |
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(b) A landlord is liable to a tenant as provided by this |
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subchapter if: |
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(1) the tenant has given the landlord notice to repair |
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or remedy a condition by giving that notice to the person to whom or |
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to the place where the tenant's rent is normally paid; |
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(2) the condition materially affects the physical |
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health or safety of an ordinary tenant; |
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(3) the tenant has given the landlord a subsequent |
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written notice to repair or remedy the condition after a reasonable |
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time to repair or remedy the condition following the notice given |
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under Subdivision (1) or the tenant has given the notice under |
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Subdivision (1) by sending that notice by certified mail, return |
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receipt requested, [or] by registered mail, or by another form of |
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mail that allows tracking of delivery from the United States Postal |
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Service or a private delivery service; |
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(4) the landlord has had a reasonable time to repair or |
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remedy the condition after the landlord received the tenant's |
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notice under Subdivision (1) and, if applicable, the tenant's |
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subsequent notice under Subdivision (3); |
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(5) the landlord has not made a diligent effort to |
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repair or remedy the condition after the landlord received the |
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tenant's notice under Subdivision (1) and, if applicable, the |
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tenant's notice under Subdivision (3); and |
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(6) the tenant was not delinquent in the payment of |
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rent at the time any notice required by this subsection was given. |
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SECTION 5. Section 92.105, Property Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (b-1) to |
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read as follows: |
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(a) If the owner's interest in the premises is terminated by |
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sale, assignment, death, appointment of a receiver, bankruptcy, or |
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otherwise, the new owner is liable for the return of security |
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deposits according to this subchapter from the date title to the |
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premises is acquired[, regardless of whether notice is given to the
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tenant under Subsection (b) of this section]. |
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(b) The [person who no longer owns an interest in the rental
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premises remains liable for a security deposit received while the
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person was the owner until the] new owner shall deliver [delivers] |
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to the tenant a signed statement acknowledging that the new owner |
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has acquired the property [received] and is responsible for the |
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tenant's security deposit and specifying the exact dollar amount of |
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the deposit. |
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(b-1) The person who no longer owns an interest in the |
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rental premises is liable for a security deposit received while the |
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person was the owner until the new owner has received the deposit or |
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has assumed the liability for the deposit, unless otherwise |
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specified by the parties in a written contract. |
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SECTION 6. Subchapter C, Chapter 92, Property Code, is |
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amended by adding Section 92.110 to read as follows: |
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Sec. 92.110. LEASE WITHOUT SECURITY DEPOSIT; REQUIRED |
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NOTICE. (a) If a security deposit was not required by a |
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residential lease and the tenant is liable for damages and charges |
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on surrender of the premises, the landlord shall notify the tenant |
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in writing of the landlord's claim for damages and charges on or |
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before the date the landlord reports the claim to a consumer |
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reporting agency or third-party debt collector. |
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(b) A landlord is not required to provide the notice under |
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Subsection (a) if the tenant has not given the landlord the tenant's |
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forwarding address as provided by Section 92.107. |
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(c) If a landlord does not provide the tenant the notice as |
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required by this section, the landlord forfeits the right to |
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collect damages and charges from the tenant. Forfeiture of the |
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right to collect damages and charges from the tenant is the |
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exclusive remedy for the failure to provide the proper notice to the |
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tenant. |
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SECTION 7. Section 92.157(a), Property Code, is amended to |
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read as follows: |
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(a) At a tenant's request made at any time, a landlord, at |
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the tenant's expense, shall install: |
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(1) a keyed dead bolt on an exterior door if the door |
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has: |
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(A) a doorknob lock but not a keyed dead bolt; or |
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(B) a keyless bolting device but not a keyed dead |
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bolt or doorknob lock; and |
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(2) a sliding door handle latch [pin lock] or sliding |
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door security bar if the door is an exterior sliding glass door |
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without a sliding door handle latch [pin lock] or sliding door |
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security bar. |
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SECTION 8. Section 92.1641, Property Code, is amended to |
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read as follows: |
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Sec. 92.1641. LANDLORD'S DEFENSES RELATING TO INSTALLING OR |
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REKEYING CERTAIN SECURITY DEVICES. The landlord has a defense to |
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liability under Section 92.164 if: |
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(1) the tenant has not fully paid all rent then due |
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from the tenant on the date the tenant gives a request under |
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[Subsection (a) of] Section 92.157(c) [92.157] or the notice |
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required by Section 92.164; or |
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(2) on the date the tenant terminates the lease or |
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files suit the tenant has not fully paid costs requested by the |
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landlord and authorized by Section 92.162. |
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SECTION 9. The changes in law made by this Act apply only to |
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a residential lease agreement entered into on or after the |
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effective date of this Act. A residential lease agreement entered |
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into before the effective date of this Act is governed by the law |
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applicable to the agreement immediately before that date, and the |
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former law is continued in effect for that purpose. |
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SECTION 10. This Act takes effect January 1, 2016. |
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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. 1367 passed the Senate on |
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May 5, 2015, by the following vote: Yeas 29, Nays 2; |
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May 26, 2015, Senate refused to concur in House amendments and |
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requested appointment of Conference Committee; May 27, 2015, House |
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granted request of the Senate; May 30, 2015, Senate adopted |
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Conference Committee Report by the following vote: Yeas 29, |
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Nays 2. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1367 passed the House, with |
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amendments, on May 23, 2015, by the following vote: Yeas 135, |
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Nays 3, one present not voting; May 27, 2015, House granted request |
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of the Senate for appointment of Conference Committee; |
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May 30, 2015, House adopted Conference Committee Report by the |
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following vote: Yeas 142, Nays 1, three 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 |