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AN ACT
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relating to the continuation and functions of the Texas Military |
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Department. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 437.001(6), Government Code, is amended |
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to read as follows: |
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(6) "Director of state administration" ["Executive
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director"] means the administrative head of the department who is |
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responsible for managing the department. |
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SECTION 2. Section 437.051, Government Code, is amended to |
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read as follows: |
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Sec. 437.051. SUNSET PROVISION. The department is subject |
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to Chapter 325 (Texas Sunset Act). Unless continued in existence as |
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provided by that chapter, the department is abolished [and this
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subchapter expires] September 1, 2031 [2019]. |
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SECTION 3. Section 437.052(b), Government Code, is amended |
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to read as follows: |
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(b) The adjutant general shall adopt and implement |
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regulations or policies that clearly separate the adjutant |
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general's responsibilities from the administrative |
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responsibilities of the department's [executive] director of state |
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administration and staff. |
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SECTION 4. Section 437.053, Government Code, is amended to |
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read as follows: |
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Sec. 437.053. ADJUTANT GENERAL: DUTIES. The adjutant |
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general shall: |
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(1) perform duties assigned by the governor relating |
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to the military affairs of this state; |
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(2) assume responsibility for the overall leadership, |
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management, accountability, and operations of the Texas military |
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forces, including the transportation of troops, munitions, |
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military equipment, and property in this state; |
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(3) assume responsibility for all administration of |
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the department, including ensuring compliance with applicable |
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state law and priorities and overseeing state employees; |
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(4) oversee the preparation of returns and reports |
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required of this state by the United States; |
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(5) [(4)] maintain a register of all officers of the |
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Texas military forces; |
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(6) [(5)] publish at state expense, when necessary, |
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state military law and regulations; |
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(7) [(6)] make available annual reports concerning |
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the Texas military forces; |
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(8) [(7)] establish reasonable and necessary fees |
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for the administration of this subtitle; |
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(9) [(8)] employ and arm, as the adjutant general |
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determines appropriate, persons licensed under Title 10, |
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Occupations Code, to protect property that is under the adjutant |
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general's authority and to satisfy applicable security |
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requirements; |
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(10) [(9)] define and prescribe the kind and amount |
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of supplies, including operational munitions for use in this state, |
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to be purchased for the Texas military forces; |
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(11) [(10)] prescribe general regulations for the |
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maintenance of supplies and for the transportation and distribution |
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of supplies from the place of purchase to camps, stations, |
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companies, or other necessary places of safekeeping; |
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(12) [(11)] have supplies, whether the property of |
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the United States or this state, properly cared for and kept in good |
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order and ready for use; and |
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(13) [(12)] as the adjutant general determines |
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appropriate, sell or destroy property and supplies or exchange |
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property and supplies for other military property and supplies. |
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SECTION 5. Sections 437.060(a), (b), and (c), Government |
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Code, are amended to read as follows: |
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(a) A person may not be appointed adjutant general, a deputy |
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adjutant general, a general officer, judge advocate general, or |
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[executive] director of state administration if the person is |
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required to register as a lobbyist under Chapter 305 because of the |
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person's activities for compensation on behalf of a profession |
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related to the operation of the department. |
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(b) An officer, employee, or paid consultant of a Texas |
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trade association in the field of defense or veterans affairs may |
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not be appointed adjutant general, a deputy adjutant general, a |
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general officer, judge advocate general, or [executive] director of |
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state administration. |
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(c) A person who is the spouse of an officer, manager, or |
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paid consultant of a Texas trade association in the field of defense |
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or veterans affairs may not be appointed adjutant general, a deputy |
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adjutant general, a general officer, judge advocate general, or |
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[executive] director of state administration. |
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SECTION 6. Section 437.062(b), Government Code, is amended |
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to read as follows: |
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(b) A deputy adjutant general, general officer, or |
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[executive] director of state administration employed under this |
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chapter is entitled to a salary subject to the classification and |
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salary schedule provisions defined in the General Appropriations |
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Act. |
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SECTION 7. Section 437.063, Government Code, is amended to |
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read as follows: |
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Sec. 437.063. ADJUTANT GENERAL: DELEGATION OF EXPENDITURE |
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APPROVAL AUTHORITY. The adjutant general may delegate the authority |
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to approve department expenditures to the [executive] director of |
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state administration. |
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SECTION 8. Section 437.101, Government Code, is amended to |
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read as follows: |
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Sec. 437.101. [EXECUTIVE] DIRECTOR OF STATE |
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ADMINISTRATION. (a) The [executive] director of state |
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administration is a senior-level [an] employee of the department |
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and is appointed by and serves at the pleasure of the adjutant |
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general. |
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(b) Subject to Sections 437.052 and 437.054, the |
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[executive] director of state administration may enter into |
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contracts related to the purposes or duties of the department and |
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may have and use a corporate seal. |
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(c) The [executive] director of state administration is |
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responsible for the daily administration of the department's state |
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support operations [department] and the operational compliance |
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with the cooperative agreements between the department and the |
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National Guard Bureau. |
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(d) The adjutant general shall adopt and implement a policy |
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outlining the director of state administration's responsibility |
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for state administrative interests across all department programs, |
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including evaluating procedures for oversight of state employees |
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and mitigating administrative and other compliance risks. |
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SECTION 9. Section 437.102, Government Code, is amended to |
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read as follows: |
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Sec. 437.102. DEPARTMENT PERSONNEL. (a) The [executive] |
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director of state administration may hire employees as necessary to |
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carry on the state support operations of the department. |
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(b) The [executive] director of state administration or the |
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director of state administration's [executive director's] designee |
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shall provide to the adjutant general and to department employees, |
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as often as necessary, information regarding the requirements for |
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office or employment under this chapter, including information |
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regarding a person's responsibilities under applicable laws |
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relating to standards of conduct for state officers or employees. |
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SECTION 10. Section 437.104, Government Code, is amended to |
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read as follows: |
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Sec. 437.104. CAREER LADDER PROGRAM; PERFORMANCE |
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EVALUATIONS. (a) The [executive] director of state administration |
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shall develop a career ladder program. The program must require |
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intra-agency postings of all non-entry level positions |
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concurrently with any public posting. |
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(b) The [executive] director of state administration shall |
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develop a system of employee performance evaluations. The system |
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must require that evaluations be conducted at least annually. All |
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merit pay for department employees must be based on the system |
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established under this subsection. |
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SECTION 11. Section 437.108, Government Code, is amended to |
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read as follows: |
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Sec. 437.108. TECHNOLOGY POLICY. The department shall |
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develop and implement a policy requiring the [executive] director |
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of state administration and department's employees to research and |
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propose appropriate technological solutions to improve the |
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department's ability to perform its functions. The technological |
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solutions must: |
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(1) ensure that the public is able to easily find |
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information about the department on the Internet; |
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(2) ensure that persons who want to use the |
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department's services are able to: |
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(A) interact with the department through the |
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Internet; and |
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(B) access any service that can be provided |
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effectively through the Internet; and |
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(3) be cost-effective and developed through the |
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department's planning processes. |
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SECTION 12. Section 437.151(a), Government Code, is amended |
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to read as follows: |
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(a) The real property advisory council is composed of the |
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following eight members: |
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(1) two deputy adjutants general; |
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(2) the [executive] director of state administration; |
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and |
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(3) five public members who are not actively serving |
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in the Texas National Guard and who have experience in |
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architecture, construction management, engineering, property |
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management, facilities maintenance management, real estate |
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services, or real property law. |
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SECTION 13. This Act takes effect September 1, 2019. |
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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. 1326 was passed by the House on April |
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5, 2019, by the following vote: Yeas 141, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1326 on May 14, 2019, by the following vote: Yeas 137, Nays 0, |
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3 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. 1326 was passed by the Senate, with |
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amendments, on May 3, 2019, by the following vote: Yeas 30, 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 |