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AN ACT
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relating to the applicability of certain laws to open-enrollment |
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charter schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.1058, Education Code, is amended by |
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amending Subsection (c) and adding Subsections (d), (e), (f), (g), |
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(h), (i), (j), (k), (l), and (m) to read as follows: |
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(c) Notwithstanding Subsection (a) or (b), an |
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open-enrollment charter school operated by a tax exempt entity as |
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described by Section 12.101(a)(3) is not considered to be a |
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political subdivision, local government, or local governmental |
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entity unless: |
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(1) a [the applicable] statute specifically states |
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that the statute applies to an open-enrollment charter school; or |
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(2) a provision in this chapter states that a specific |
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statute applies to an open-enrollment charter school. |
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(d) A political subdivision shall consider an |
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open-enrollment charter school a school district for purposes of |
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zoning, project permitting, platting and replatting processes, |
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business licensing, franchises, utility services, signage, |
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subdivision regulation, property development projects, the |
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requirements for posting bonds or securities, contract |
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requirements, land development standards as provided by Section |
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212.902, Local Government Code, tree and vegetation regulations, |
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regulations of architectural features of a structure, construction |
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of fences, landscaping, garbage disposal, noise levels, fees or |
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other assessments, and construction or site development work if the |
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charter school provides to the political subdivision the |
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certification described by Subsection (e). |
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(e) To be considered a school district by a political |
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subdivision in accordance with Subsection (d), the governing body |
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of an open-enrollment charter school must certify in writing to the |
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political subdivision that no administrator, officer, or employee |
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of the charter school and no member of the governing body of the |
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charter school or its charter holder derives any personal financial |
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benefit from a real estate transaction with the charter school. |
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(f) An open-enrollment charter school considered a school |
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district under this section shall comply with the same requirements |
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imposed by the political subdivision on a campus of a school |
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district. |
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(g) An open-enrollment charter school does not have the |
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power of eminent domain. |
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(h) A political subdivision may not consider an |
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open-enrollment charter school a school district under Section |
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395.022, Local Government Code, for the purposes of the collection |
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of impact fees imposed under Chapter 395, Local Government Code, by |
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the political subdivision for providing capital funding for public |
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water and wastewater facilities. |
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(i) A political subdivision may not take any action that |
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prohibits an open-enrollment charter school from operating a public |
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school campus, educational support facility, athletic facility, or |
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administrative office within the political subdivision's |
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jurisdiction or on any specific property located within the |
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jurisdiction of the political subdivision that it could not take |
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against a school district. A political subdivision shall grant |
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approval in the same manner and follow the same timelines as if the |
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charter school were a school district located in that political |
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subdivision's jurisdiction, provided that, for a new campus, the |
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charter school provide notice, in the manner provided by and to the |
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persons listed in Section 12.1101, of the location of the new campus |
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within 20 business days of closing on the purchase or lease of real |
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property for that campus. |
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(j) This section applies to both owned and leased property |
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of the open-enrollment charter school under Section 12.128. |
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(k) Except as otherwise provided by this section, this |
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section does not affect the authority granted by state law to a |
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political subdivision to regulate an open-enrollment charter |
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school through applicable health and safety ordinances imposed by |
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the political subdivision. |
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(l) In this section, "political subdivision" does not |
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include a school district. |
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(m) This subsection applies only to information of a |
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financial nature related to property transactions of an |
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open-enrollment charter school subject to this section. A |
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nonprofit entity operating an open-enrollment charter school under |
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Chapter 12 or a management company providing management services to |
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the nonprofit entity is considered a governmental body for purposes |
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of Chapter 552, Government Code, and financial information related |
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to property transactions that is managed or possessed by the entity |
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or company is subject to disclosure under Chapter 552, Government |
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Code. |
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SECTION 2. Section 212.902, Local Government Code, is |
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amended to read as follows: |
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Sec. 212.902. SCHOOL DISTRICT AND OPEN-ENROLLMENT CHARTER |
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SCHOOL LAND DEVELOPMENT STANDARDS. (a) This section applies to an |
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agreement [agreements] between a school district or |
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open-enrollment charter school [districts] and a [any] |
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municipality which has annexed territory for limited purposes. |
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(b) On request by a school district or open-enrollment |
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charter school, a municipality shall enter an agreement with the |
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board of trustees of the school district or the governing body of |
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the open-enrollment charter school to establish review fees, review |
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periods, and land development standards ordinances and to provide |
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alternative water pollution control methodologies for school |
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buildings constructed by the school district or open-enrollment |
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charter school. The agreement shall include a provision exempting |
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the district or charter school from all land development ordinances |
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in cases where the district or charter school is adding temporary |
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classroom buildings on an existing school campus. |
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(c) If the municipality and the school district or |
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open-enrollment charter school do not reach an agreement on or |
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before the 120th day after the date on which the municipality |
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receives the district's or charter school's request for an |
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agreement, proposed agreements by the [school] district or charter |
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school and the municipality shall be submitted to an independent |
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arbitrator appointed by the presiding district judge whose |
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jurisdiction includes the [school] district or charter school. The |
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arbitrator shall, after a hearing at which both the [school] |
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district or charter school and the municipality make presentations |
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on their proposed agreements, prepare an agreement resolving any |
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differences between the proposals. The agreement prepared by the |
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arbitrator will be final and binding upon both the [school] |
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district or charter school and the municipality. The cost of the |
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arbitration proceeding shall be borne equally by the [school] |
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district or charter school and the municipality. |
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(d) A school district or open-enrollment charter school |
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that requests an agreement under this section, at the time the |
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district or charter school [it] makes the request, shall send a copy |
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of the request to the commissioner of education. At the end of the |
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120-day period, the requesting district or charter school shall |
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report to the commissioner the status or result of negotiations |
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with the municipality. A municipality may send a separate status |
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report to the commissioner. The district or charter school shall |
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send to the commissioner a copy of each agreement between the |
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district or charter school and a municipality under this section. |
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(e) An agreement between a municipality and an |
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open-enrollment charter school under Subsection (b) may require |
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that: |
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(1) any revised land development standards may apply |
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only while the property is used for purposes of the charter school; |
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and |
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(2) any property in use subject to land development |
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standards established only for an open-enrollment charter school |
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must be brought into compliance with all development regulations |
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applicable to non-school related commercial developments by the |
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property owner after closure or relocation of the charter school. |
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(f) [(e)] In this section: |
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(1) "Land [, land] development standards" includes |
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impervious cover limitations, building setbacks, floor to area |
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ratios, building heights and coverage, water quality controls, |
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landscaping, development setbacks, compatibility standards, |
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traffic analyses, including traffic impact analyses, parking |
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requirements, signage requirements, and driveway cuts, if |
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applicable. |
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(2) "Open-enrollment charter school" means a school |
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granted a charter under Subchapter C, D, or E, Chapter 12, Education |
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Code. |
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(g) [(f)] Nothing in this section shall be construed to |
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limit the applicability of or waive fees for fire, safety, health, |
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or building code ordinances of the municipality prior to or during |
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construction of school buildings, nor shall any agreement waive any |
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fee or modify any ordinance of a municipality for an |
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administration, service, or athletic facility proposed for |
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construction by a school district or open-enrollment charter |
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school. |
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SECTION 3. Section 552.053(b), Local Government Code, is |
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amended to read as follows: |
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(b) The following may be exempt: |
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(1) this state; |
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(2) a county; |
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(3) a municipality; or |
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(4) [a] school districts and open-enrollment charter |
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schools [district]. |
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SECTION 4. Section 12.103(c), Education Code, is repealed. |
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SECTION 5. An exemption granted to a school district under |
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Section 552.053(b)(4), Local Government Code, as that subdivision |
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existed before the effective date of this Act, automatically |
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extends to all open-enrollment charter schools located in the |
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municipality after the effective date of this Act unless the |
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municipality repeals the exemption before the effective date of |
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this Act. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
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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. 1707 was passed by the House on April |
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28, 2023, by the following vote: Yeas 101, Nays 45, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1707 on May 25, 2023, by the following vote: Yeas 130, Nays 8, |
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1 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. 1707 was passed by the Senate, with |
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amendments, on May 23, 2023, by the following vote: Yeas 25, Nays |
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6. |
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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 |