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AN ACT
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relating to the regulation of motor fuel quality and motor fuel |
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metering devices; authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13.001(a), Agriculture Code, is amended |
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by adding Subdivision (1-a) to read as follows: |
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(1-a) "Motor fuel metering device" means a commercial |
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weighing or measuring device used for motor fuel sales with a |
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maximum flow rate of 20 gallons per minute or less. |
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SECTION 2. Section 13.029, Agriculture Code, is amended to |
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read as follows: |
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Sec. 13.029. EXEMPTION OF WEIGHING OR MEASURING DEVICES. |
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(a) The department by rule may exempt a weighing or measuring device |
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from a requirement established by this chapter if the department |
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determines that imposing or enforcing the requirement: |
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(1) is not cost-effective for the department; |
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(2) is not feasible with current resources or |
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standards; or |
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(3) will not substantially benefit or protect |
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consumers. |
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(b) A motor fuel metering device is exempt from the |
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requirements of this chapter if the motor fuel metering device is |
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not used to: |
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(1) calculate the amount of fuel sold in a commercial |
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transaction; or |
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(2) compute the charge for service. |
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SECTION 3. Section 13.101, Agriculture Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) This section does not apply to a motor fuel metering |
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device. |
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SECTION 4. Section 13.1011, Agriculture Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) This section does not apply to a motor fuel metering |
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device. |
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SECTION 5. Subchapter C, Chapter 13, Agriculture Code, is |
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amended by adding Sections 13.1015, 13.1016, and 13.1017 to read as |
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follows: |
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Sec. 13.1015. INSPECTION OF MOTOR FUEL METERING DEVICES. |
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(a) Unless a motor fuel metering device is exempt from the |
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application of this section by department rule, a motor fuel |
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metering device shall be inspected, tested, and calibrated for |
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correctness by a license holder under Subchapter I at least once |
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every two years if the device is: |
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(1) kept for sale, sold, or used by a proprietor, |
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agent, lessee, or employee in proving the measure of motor fuel; or |
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(2) purchased, offered, or submitted by a proprietor, |
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agent, lessee, or employee for sale, hire, or award. |
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(b) Inspection, testing, and calibration under this section |
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must be performed by a license holder under Subchapter I under |
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contract with the operator or user of the motor fuel metering |
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device. |
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Sec. 13.1016. REQUIRED REGISTRATION OF MOTOR FUEL METERING |
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DEVICES. (a) Unless a motor fuel metering device is exempt from |
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the application of this section by department rule, a person who |
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owns or operates a motor fuel metering device shall register the |
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device with the department before using the device for a commercial |
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transaction. |
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(b) An application for a device registration must: |
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(1) be submitted to the department on a form |
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prescribed by the department; |
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(2) be accompanied by any other document or form |
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required by the department; |
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(3) include the registration fee required under |
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Section 13.1151; and |
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(4) include documentation of compliance with Section |
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13.1015. |
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(c) A registration under this section is valid for one year |
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unless a different period is established by department rule. The |
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registration must be renewed at or before the end of each |
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registration period and the application for renewal must include |
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documentation of compliance with Section 13.1015. |
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(d) If a person fails to register or renew a registration as |
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required by this section, the department may not issue a |
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certificate to operate the motor fuel metering device. The |
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department shall issue the certificate when the operator submits to |
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the department the items required by Subsection (b). |
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(e) The department may assess a late fee if the registration |
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of one or more devices located on a premises is renewed after the |
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end of the registration period because of a registration error, |
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including one or more devices not properly registered, failure to |
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register the correct type of device, or failure to timely register a |
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previously registered device. The amount of the penalty may not |
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exceed $50 per device, with a maximum penalty amount of $500 per |
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year for the premises. |
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Sec. 13.1017. COMPLAINTS REGARDING MOTOR FUEL METERING |
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DEVICES. (a) The department shall receive complaints regarding |
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motor fuel metering devices. |
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(b) After receiving a complaint regarding a motor fuel |
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metering device, the department shall determine the date the device |
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was last inspected under Section 13.1015 and the number of |
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complaints received by the department in the previous 12 months |
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regarding motor fuel metering devices at the premises where the |
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device subject to the complaint is located. |
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(c) The department shall notify the person who last |
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registered the motor fuel metering device and take no further |
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action on the complaint if: |
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(1) the motor fuel metering device was last inspected |
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not more than 18 months before the date the complaint is received; |
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and |
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(2) the department received not more than two |
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complaints in the previous 12 months regarding motor fuel metering |
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devices at the premises where the device is located. |
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(d) The department shall notify the person who last |
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registered the motor fuel metering device and require the device to |
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be inspected by a license holder under Section 13.1015 not later |
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than one month after the notification date if: |
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(1) the motor fuel metering device was last inspected |
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more than 18 months before the date the complaint is received; or |
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(2) the department received at least three complaints |
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in the previous 12 months regarding motor fuel metering devices at |
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the premises where the device is located. |
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SECTION 6. Section 13.114, Agriculture Code, is amended to |
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read as follows: |
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Sec. 13.114. TOLERANCES. The department shall establish |
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specifications and tolerances for commercial weighing or measuring |
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devices used in this state. The specifications and tolerances |
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shall be similar to those recommended by the National Institute of |
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Standards and Technology, except that the specifications and |
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tolerances for motor fuel metering devices shall be the same as |
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those recommended by the National Institute of Standards and |
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Technology. |
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SECTION 7. Section 13.1151, Agriculture Code, is amended to |
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read as follows: |
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Sec. 13.1151. FEES FOR REGISTRATION AND INSPECTION. (a) |
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The department may charge the owner or operator of a weighing or |
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measuring device a fee, as provided by department rule, to recover |
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the costs of registration and inspection of a weighing or measuring |
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device required to be registered or inspected under this chapter. |
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(b) Notwithstanding any other law, the department may not in |
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a state fiscal biennium increase a fee under Subsection (a) for a |
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motor fuel metering device by an amount that exceeds 10 percent of |
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the amount of the fee at the end of the preceding state fiscal |
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biennium. |
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SECTION 8. Section 17.072, Agriculture 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) The department or a representative of the department may |
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collect samples and conduct testing at any location where motor |
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fuel is kept, transferred, sold, or offered for sale, to verify that |
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the motor fuel complies with the minimum standards required by |
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Section 17.071. |
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(a-1) The collection of samples and conducting of testing at |
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a dealer's location must be performed by a license holder under |
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Subchapter I, Chapter 13, under contract with the dealer. The |
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license holder is considered a representative of the department for |
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purposes of this section. |
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(b) On arriving at a facility to conduct testing under |
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Subsection (a), a representative of the department shall notify the |
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owner or manager of the facility of the representative's presence |
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and purpose. The department representative shall follow the most |
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recent applicable procedures specified by ASTM International |
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Standard D4057, D4177, D5842, or D5854 for the collection, |
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sampling, and handling of fuel to prepare for laboratory analysis. |
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SECTION 9. Section 17.073(a), Agriculture Code, is amended |
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to read as follows: |
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(a) If the department has laboratory results to confirm |
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[reason to believe] that motor fuel is in violation of this chapter |
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or a rule adopted under this chapter, or that the motor fuel is |
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being sold or offered for sale in a manner that violates this |
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chapter or a rule adopted under this chapter, the department may: |
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(1) issue and enforce a written order to stop the sale |
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of the motor fuel; |
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(2) place on a device used to dispense the motor fuel a |
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tag or other mark with the words "Out of Order"; or |
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(3) stop the sale of the motor fuel and mark a device |
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used to dispense the motor fuel as out of order. |
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SECTION 10. This Act takes effect September 1, 2017. |
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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. 2174 was passed by the House on May 3, |
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2017, by the following vote: Yeas 144, Nays 1, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2174 on May 25, 2017, by the following vote: Yeas 134, Nays 11, |
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2 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. 2174 was passed by the Senate, with |
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amendments, on May 23, 2017, 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 |