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AN ACT
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relating to appointment procedures concerning and compensation and |
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reimbursement for counsel appointed to represent indigent |
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defendants in certain criminal and post-conviction proceedings and |
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to the creation of an indigent defense representation fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 26.05, Code of Criminal Procedure, is |
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amended by amending Subsection (c) and adding Subsection (i) to |
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read as follows: |
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(c) Each fee schedule adopted shall state reasonable fixed |
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rates or minimum and maximum hourly rates, taking into |
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consideration reasonable and necessary overhead costs and the |
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availability of qualified attorneys willing to accept the stated |
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rates, and shall provide a form for the appointed counsel to itemize |
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the types of services performed. No payment shall be made under this |
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article until the form for itemizing the services performed is |
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submitted to the judge presiding over the proceedings and the judge |
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approves the payment. If the judge disapproves the requested |
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amount of payment, the judge shall make written findings stating |
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the amount of payment that the judge approves and each reason for |
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approving an amount different from the requested amount. An |
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attorney whose request for payment is disapproved or is not |
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otherwise acted on by the 60th day after the date the request for |
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payment is submitted may appeal the disapproval or failure to act by |
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filing a motion with the presiding judge of the administrative |
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judicial region. On the filing of a motion, the presiding judge of |
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the administrative judicial region shall review the disapproval of |
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payment or failure to act and determine the appropriate amount of |
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payment. In reviewing the disapproval or failure to act, the |
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presiding judge of the administrative judicial region may conduct a |
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hearing. Not later than the 45th day after the date an application |
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for payment of a fee is submitted under this article, the |
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commissioners court shall pay to the appointed counsel the amount |
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that is approved by the presiding judge of the administrative |
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judicial region and that is in accordance with the fee schedule for |
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that county. |
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(i) The indigent defense representation fund is a separate |
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account in the general revenue fund. The fund: |
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(1) consists of criminal fees collected under Section |
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133.107, Local Government Code; and |
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(2) may be used only for the purposes for which the |
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fair defense account established under Section 71.058, Government |
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Code, may be used, including compensating appointed counsel in |
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accordance with this code. |
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SECTION 2. Article 26.051(a)(2), Code of Criminal |
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Procedure, is amended to read as follows: |
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(2) "Correctional institutions [Institutional] |
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division" means the correctional institutions [institutional] |
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division of the Texas Department of Criminal Justice. |
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SECTION 3. Article 26.051, Code of Criminal Procedure, is |
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amended by amending Subsections (d) and (h) and adding Subsection |
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(i) to read as follows: |
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(d) A court shall: |
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(1) [may] notify the board if it determines that a |
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defendant before the court is indigent and is an inmate charged with |
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an offense committed while in the custody of the correctional |
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institutions [institutional] division or a correctional facility |
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authorized by Section 495.001, Government Code; and |
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(2) request that the board provide legal |
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representation for the inmate. |
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(h) When the court appoints an attorney other than an |
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attorney provided by the board: |
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(1) except as otherwise provided by this article, the |
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inmate's legal defense is subject to Articles 1.051, 26.04, 26.05, |
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and 26.052, as applicable; and |
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(2) the county in which a facility of the correctional |
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institutions division or a correctional facility authorized by |
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Section 495.001, Government Code, is located shall pay from its |
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general fund the total costs of the aggregate amount allowed and |
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awarded by the court for attorney compensation and expenses under |
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Article 26.05 or 26.052, as applicable [, the county shall pay from
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its general fund the first $250.00 of the aggregate sum allowed and
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awarded by the court for the attorney fees under Article 26.05 of
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this code. If the fees awarded for a court-appointed attorney in a
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case described by this subsection exceed $250.00, the court shall
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certify the amount in excess of $250.00 to the board. On request of
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the board, the comptroller shall issue a warrant to the
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court-appointed attorney in the amount certified to the board by
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the court]. |
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(i) The state shall reimburse a county for attorney |
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compensation and expenses awarded under Subsection (h). A court |
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seeking reimbursement for a county shall certify to the comptroller |
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of public accounts the amount of compensation and expenses for |
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which the county is entitled to be reimbursed under this article. |
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Not later than the 60th day after the date the comptroller receives |
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from the court the request for reimbursement, the comptroller shall |
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issue a warrant to the county in the amount certified by the court. |
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SECTION 4. Subchapter B, Chapter 102, Government Code, is |
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amended by adding Section 102.023 to read as follows: |
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Sec. 102.023. COURT COST ON CONVICTION: SUPPORT OF |
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INDIGENT DEFENSE REPRESENTATION. A person convicted of any |
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offense, other than an offense relating to a pedestrian or the |
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parking of a motor vehicle, shall pay a cost on conviction of $2 |
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under Section 133.107, Local Government Code. |
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SECTION 5. Section 133.003, Local Government Code, is |
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amended to read as follows: |
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Sec. 133.003. CRIMINAL FEES. This chapter applies to the |
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following criminal fees: |
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(1) the consolidated fee imposed under Section |
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133.102; |
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(2) the time payment fee imposed under Section |
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133.103; |
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(3) fees for services of peace officers employed by |
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the state imposed under Article 102.011, Code of Criminal |
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Procedure, and forwarded to the comptroller as provided by Section |
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133.104; |
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(4) costs on conviction imposed in certain statutory |
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county courts under Section 51.702, Government Code, and deposited |
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in the judicial fund; |
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(5) costs on conviction imposed in certain county |
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courts under Section 51.703, Government Code, and deposited in the |
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judicial fund; |
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(6) the administrative fee for failure to appear or |
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failure to pay or satisfy a judgment imposed under Section 706.006, |
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Transportation Code; |
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(7) fines on conviction imposed under Section |
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621.506(g), Transportation Code; |
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(8) the fee imposed under Article 102.0045, Code of |
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Criminal Procedure; [and] |
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(9) the cost on conviction imposed under Section |
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133.105 and deposited in the judicial fund; and |
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(10) the cost on conviction imposed under Section |
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133.107. |
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SECTION 6. Subchapter C, Chapter 133, Local Government |
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Code, is amended by adding Section 133.107 to read as follows: |
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Sec. 133.107. FEE FOR SUPPORT OF INDIGENT DEFENSE |
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REPRESENTATION. (a) A person convicted of any offense, other than |
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an offense relating to a pedestrian or the parking of a motor |
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vehicle, shall pay as a court cost, in addition to other costs, a |
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fee of $2 to be used to fund indigent defense representation through |
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the fair defense account established under Section 71.058, |
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Government Code. |
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(b) The treasurer shall remit a fee collected under this |
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section to the comptroller in the manner provided by Subchapter B. |
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The comptroller shall credit the remitted fees to the credit of the |
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fair defense account established under Section 71.058, Government |
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Code. |
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SECTION 7. Articles 26.051(b) and (c), Code of Criminal |
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Procedure, and Article 26.055, Code of Criminal Procedure, are |
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repealed. |
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SECTION 8. The change in law made by this Act to Article |
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26.05(c), Code of Criminal Procedure, applies only to a request for |
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payment submitted under Article 26.05(c) on or after the effective |
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date of this Act. |
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SECTION 9. The change in law made by this Act to Article |
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26.051, Code of Criminal Procedure, applies to compensation and |
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expenses owed on or after the effective date of this Act to an |
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attorney appointed under Article 26.051, Code of Criminal |
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Procedure, regardless of whether the attorney was appointed before, |
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on, or after the effective date of this Act. |
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SECTION 10. The imposition of a cost of court under Section |
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133.107, Local Government Code, as added by this Act, applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 11. This Act takes effect September 1, 2007. |
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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. 1267 was passed by the House on May |
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11, 2007, by the following vote: Yeas 128, Nays 5, 2 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 1267 on May 25, 2007, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 1267 on May 27, 2007, by the following vote: Yeas 139, |
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Nays 8, 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. 1267 was passed by the Senate, with |
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amendments, on May 23, 2007, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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1267 on May 27, 2007, 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 |