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AN ACT
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relating to the Harris-Galveston Subsidence District; providing |
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authority to impose a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 8801.001, Special District Local Laws |
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Code, is amended by adding Subdivision (4-c) to read as follows: |
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(4-c) "Regional water supplier" means a political |
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subdivision of this state that has: |
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(A) the authority to conserve, store, treat, and |
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purify water and to transport, distribute, sell, and deliver water |
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to any person in this state; and |
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(B) an approved groundwater reduction plan. |
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SECTION 2. Subchapter B, Chapter 8801, Special District |
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Local Laws Code, is amended by adding Section 8801.066 to read as |
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follows: |
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Sec. 8801.066. INVESTMENT OFFICER. (a) Notwithstanding |
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Section 2256.005(f), Government Code, the board may contract with a |
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person to act as investment officer of the district. |
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(b) The investment officer shall: |
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(1) not later than the first anniversary of the date |
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the officer takes office or assumes the officer's duties, attend a |
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training session of at least six hours of instruction relating to |
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investment responsibilities under Chapter 2256, Government Code; |
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and |
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(2) attend at least four hours of additional |
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investment training within each two-year period after the first |
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year. |
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(c) Training under this section must be from an independent |
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source approved by: |
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(1) the board; or |
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(2) a designated investment committee advising the |
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investment officer. |
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(d) Training under this section must include education in |
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investment controls, security risks, strategy risks, market risks, |
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diversification of investment portfolio, and compliance with |
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Chapter 2256, Government Code. |
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SECTION 3. Subsections (c) and (e), Section 8801.110, |
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Special District Local Laws Code, are amended to read as follows: |
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(c) Written notice of a hearing other than a hearing on a |
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permit application must be given to: |
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(1) each county, regional water supplier, and |
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municipal government in the district; and |
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(2) each person that the board believes has an |
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interest in the subject matter of the hearing. |
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(e) A copy of the notice must be provided to each county |
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clerk to be posted in the place where notices are usually posted at |
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the county courthouse of each county in the district. |
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SECTION 4. Section 8801.115, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 8801.115. STUDIES BY BOARD STAFF. At least once each |
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year and at any other time the board considers necessary, the board |
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shall have its staff and, if necessary, the staff of the Texas Water |
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Development Board make a complete study of the groundwater in the |
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district and determine: |
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(1) the water level; |
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(2) the rates and amounts of groundwater withdrawal; |
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and |
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(3) other information relating to groundwater |
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withdrawal that may affect [effect] subsidence in the district. |
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SECTION 5. Subsection (a), Section 8801.117, Special |
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District Local Laws Code, is amended to read as follows: |
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(a) The [Not later than March 31 of each year, the] board |
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shall hold an annual [a] hearing to determine the effects of |
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groundwater withdrawal during the preceding calendar year on |
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subsidence in the district. |
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SECTION 6. Section 8801.151, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 8801.151. GROUNDWATER WITHDRAWALS SUBJECT TO BOARD |
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RULE. (a) Groundwater withdrawals governed by this chapter, |
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including withdrawals of injected water, are subject to reasonable |
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board rules and orders, taking into account all factors, including |
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availability of surface water or alternative water supplies, |
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economic impact on persons and the community, degree and effect of |
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subsidence on the surface of land, and differing topographical and |
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geophysical characteristics of land areas in the district. |
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(b) The board may issue permits to drill new wells and may, |
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by rule, provide exemptions from the permit requirements. The |
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district shall grant a permit to drill and operate a new well inside |
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a platted subdivision if water service from a local retail public |
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utility is not available to the lot where the well is to be located. |
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(c) In this section, "retail public utility" has the meaning |
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assigned by Section 13.002, Water Code. |
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SECTION 7. Section 8801.152, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 8801.152. CERTAIN GROUNDWATER USES [WELLS] EXEMPT. |
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The permit requirements [regulatory provisions] of this chapter do |
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not apply to: |
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(1) a well regulated under Chapter 27, Water Code; |
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(2) a well with a casing diameter of less than five |
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inches that serves only a single-family dwelling; and |
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(3) any other well as provided by board rule. |
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SECTION 8. Subsections (a) and (c), Section 8801.155, |
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Special District Local Laws Code, are amended to read as follows: |
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(a) A [The owner or operator of a] well owner [located in the
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district] must obtain a permit from the board before: |
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(1) drilling, equipping, or completing the well; |
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(2) substantially altering the size of the well or a |
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well pump; or |
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(3) operating the well. |
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(c) A well [An] owner [or operator] commits a violation if |
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the well owner [or operator] does not obtain a permit as required by |
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Subsection (a). A violation occurs on the first day the drilling, |
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alteration, or operation begins. Each day that a violation |
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continues is a separate violation. |
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SECTION 9. Subsection (c), Section 8801.158, Special |
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District Local Laws Code, is amended to read as follows: |
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(c) The board shall issue a permit to an applicant if, on |
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presentation of adequate proof, the board finds that: |
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(1) there is no other adequate and available |
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substitute or supplemental source of alternative [surface] water |
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supplies at prices competitive with the prices charged by suppliers |
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of alternative [surface] water supplies in the district; and |
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(2) compliance with any provision of this chapter or |
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any district rule will result in an arbitrary taking of property or |
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in the practical closing and elimination of a lawful business, |
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occupation, or activity without sufficient corresponding benefit |
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or advantage to the public. |
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SECTION 10. Subsection (b-1), Section 8801.161, Special |
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District Local Laws Code, is amended to read as follows: |
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(b-1) The fee under Subsection (a) may not exceed 110 |
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percent of the highest rate that the City of Houston charges for |
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[surface] water supplied to its customers in the district. |
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SECTION 11. Section 8801.162, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 8801.162. ANNUAL REPORT. (a) Before January 31 each |
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year, a well owner who is required to hold [holds] a permit under |
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this chapter shall submit to the board a report stating: |
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(1) the well owner's name; |
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(2) the total amount of groundwater withdrawn from the |
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well during the preceding calendar year [12-month period]; |
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(3) the total amount of groundwater withdrawn from the |
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well during each month of the preceding calendar year [12-month
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period]; |
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(4) the purpose for which the groundwater was used; |
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and |
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(5) any other information the board considers |
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necessary. |
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(b) For the purposes of this section, a well owner whose |
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well is aggregated with other wells permitted and managed by a |
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regional water supplier is required to file the report with the |
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regional water supplier instead of the district. Regional water |
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suppliers are required to annually submit to the board the report |
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required in Subsection (a) for all wells owned, managed, or |
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permitted by that supplier no later than March 31. |
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SECTION 12. Subsection (a), Section 8801.163, Special |
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District Local Laws Code, is repealed. |
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SECTION 13. A person who is an investment officer for the |
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Harris-Galveston Subsidence District and who holds that office on |
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the effective date of this Act must attend the training required by |
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Subdivision (1), Subsection (b), Section 8801.066, Special |
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District Local Laws Code, as added by this Act, not later than the |
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first anniversary of the effective date of this Act, unless the |
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person has already taken the training in the 12 months preceding |
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that effective date. |
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SECTION 14. The authority of a regional water authority to |
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impose a charge on a well or class of wells located within the |
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boundaries of the Harris-Galveston Subsidence District is not |
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affected by the ceasing of that well or class of wells on or after |
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February 1, 2013, to be subject to: |
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(1) a groundwater reduction requirement imposed by the |
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subsidence district; or |
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(2) the regulatory provisions, permitting |
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requirements, or jurisdiction of the subsidence district. |
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SECTION 15. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2013. |
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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. 1031 passed the Senate on |
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April 23, 2013, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 23, 2013, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1031 passed the House, with |
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amendment, on May 20, 2013, by the following vote: Yeas 147, |
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Nays 0, two 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 |