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AN ACT
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relating to the authority of emergency medical services personnel |
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of certain emergency medical services providers to transport a |
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person for emergency detention. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 573, Health and Safety |
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Code, is amended by adding Section 573.0001 to read as follows: |
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Sec. 573.0001. DEFINITIONS. In this chapter: |
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(1) "Emergency medical services personnel" and |
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"emergency medical services provider" have the meanings assigned by |
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Section 773.003. |
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(2) "Law enforcement agency" has the meaning assigned |
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by Article 59.01, Code of Criminal Procedure. |
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SECTION 2. Section 573.001(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) A peace officer who takes a person into custody under |
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Subsection (a) shall immediately: |
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(1) transport the apprehended person to: |
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(A) [(1)] the nearest appropriate inpatient |
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mental health facility; or |
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(B) [(2)] a mental health facility deemed |
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suitable by the local mental health authority, if an appropriate |
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inpatient mental health facility is not available; or |
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(2) transfer the apprehended person to emergency |
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medical services personnel of an emergency medical services |
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provider in accordance with a memorandum of understanding executed |
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under Section 573.005 for transport to a facility described by |
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Subdivision (1)(A) or (B). |
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SECTION 3. Sections 573.002(a), (d), and (e), Health and |
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Safety Code, are amended to read as follows: |
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(a) A peace officer shall immediately file with a facility a |
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notification of detention after transporting a person to that |
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facility in accordance with Section 573.001. Emergency medical |
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services personnel of an emergency medical services provider who |
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transport a person to a facility at the request of a peace officer |
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made in accordance with a memorandum of understanding executed |
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under Section 573.005 shall immediately file with the facility the |
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notification of detention completed by the peace officer who made |
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the request. |
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(d) The peace officer shall provide [give] the notification |
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of detention on the following form: |
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Notification--Emergency Detention NO. ____________________ |
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DATE:_______________ TIME:_______________ |
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THE STATE OF TEXAS |
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FOR THE BEST INTEREST AND PROTECTION OF: |
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______________________________________ |
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NOTIFICATION OF EMERGENCY DETENTION |
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Now comes _____________________________, a peace officer with |
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(name of agency) _____________________________, of the State of |
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Texas, and states as follows: |
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1. I have reason to believe and do believe that (name of person to |
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be detained) __________________________ evidences mental illness. |
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2. I have reason to believe and do believe that the above-named |
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person evidences a substantial risk of serious harm to |
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himself/herself or others based upon the following: |
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________________________________________________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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3. I have reason to believe and do believe that the above risk of |
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harm is imminent unless the above-named person is immediately |
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restrained. |
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4. My beliefs are based upon the following recent behavior, overt |
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acts, attempts, statements, or threats observed by me or reliably |
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reported to me: |
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________________________________________________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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5. The names, addresses, and relationship to the above-named |
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person of those persons who reported or observed recent behavior, |
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acts, attempts, statements, or threats of the above-named person |
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are (if applicable): |
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________________________________________________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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________________________________________________________________ |
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For the above reasons, I present this notification to seek |
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temporary admission to the (name of facility) |
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_________________________ inpatient mental health facility or |
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hospital facility for the detention of (name of person to be |
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detained) __________________________ on an emergency basis. |
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6. Was the person restrained in any way? Yes □ No □ |
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_________________________ BADGE NO. _____________________ |
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PEACE OFFICER'S SIGNATURE |
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Address: _________________________ Zip Code: ____________________ |
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Telephone: ______________________ |
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_________________________ |
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SIGNATURE OF EMERGENCY MEDICAL SERVICES PERSONNEL (if applicable) |
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Address: _________________________ Zip Code: ____________________ |
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Telephone: ______________________ |
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A mental health facility or hospital emergency department may not |
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require a peace officer or emergency medical services personnel to |
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execute any form other than this form as a predicate to accepting |
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for temporary admission a person detained by a peace officer under |
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Section 573.001, [Texas] Health and Safety Code, and transported by |
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the officer under that section or by emergency medical services |
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personnel of an emergency medical services provider at the request |
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of the officer made in accordance with a memorandum of |
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understanding executed under Section 573.005, Health and Safety |
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Code. |
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(e) A mental health facility or hospital emergency |
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department may not require a peace officer or emergency medical |
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services personnel to execute any form other than the form provided |
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by Subsection (d) as a predicate to accepting for temporary |
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admission a person detained by a peace officer under Section |
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573.001 and transported by the officer under that section or by |
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emergency medical services personnel of an emergency medical |
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services provider at the request of the officer made in accordance |
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with a memorandum of understanding executed under Section 573.005. |
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SECTION 4. Subchapter A, Chapter 573, Health and Safety |
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Code, is amended by adding Section 573.005 to read as follows: |
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Sec. 573.005. TRANSPORTATION FOR EMERGENCY DETENTION BY |
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EMERGENCY MEDICAL SERVICES PROVIDER; MEMORANDUM OF UNDERSTANDING. |
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(a) A law enforcement agency and an emergency medical services |
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provider may execute a memorandum of understanding under which |
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emergency medical services personnel employed by the provider may |
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transport a person taken into custody under Section 573.001 by a |
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peace officer employed by the law enforcement agency. |
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(b) A memorandum of understanding must: |
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(1) address responsibility for the cost of |
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transporting the person taken into custody; and |
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(2) be approved by the county in which the law |
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enforcement agency is located and the local mental health authority |
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that provides services in that county with respect to provisions of |
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the memorandum that address the responsibility for the cost of |
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transporting the person. |
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(c) A peace officer may request that emergency medical |
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services personnel transport a person taken into custody by the |
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officer under Section 573.001 only if: |
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(1) the law enforcement agency that employs the |
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officer and the emergency medical services provider that employs |
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the personnel have executed a memorandum of understanding under |
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this section; and |
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(2) the officer determines that transferring the |
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person for transport is safe for both the person and the personnel. |
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(d) Emergency medical services personnel may, at the |
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request of a peace officer, transport a person taken into custody by |
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the officer under Section 573.001 to the appropriate facility, as |
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provided by that section, if the law enforcement agency that |
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employs the officer and the emergency medical services provider |
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that employs the personnel have executed a memorandum of |
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understanding under this section. |
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(e) A peace officer who transfers a person to emergency |
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medical services personnel under a memorandum of understanding |
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executed under this section for transport to the appropriate |
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facility must provide: |
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(1) to the person the notice described by Section |
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573.001(g); and |
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(2) to the personnel a completed notification of |
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detention about the person on the form provided by Section |
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573.002(d). |
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SECTION 5. Section 573.021(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A facility shall temporarily accept a person for whom an |
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application for detention is filed or for whom a peace officer or |
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emergency medical services personnel of an emergency medical |
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services provider transporting the person in accordance with a |
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memorandum of understanding executed under Section 573.005 files a |
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notification of detention completed by the peace officer under |
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Section 573.002(a). |
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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, 2017. |
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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. 344 passed the Senate on |
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April 19, 2017, by the 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. 344 passed the House on |
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May 24, 2017, by the following vote: Yeas 146, Nays 0, two |
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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 |