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AN ACT
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relating to the enforcement and administration of certain programs |
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by the Department of Agriculture. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 12, Agriculture Code, is amended by |
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adding Section 12.0025 to read as follows: |
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Sec. 12.0025. NUTRITION PROGRAMS. The department shall |
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administer the following federal and state nutrition programs: |
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(1) the commodity supplemental food program under 7 |
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U.S.C. Section 612c; |
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(2) the food distribution program under 7 U.S.C. |
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Section 612c; |
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(3) the emergency food assistance program under 7 |
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U.S.C. Section 7501 et seq.; |
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(4) the school lunch program under 42 U.S.C. Section |
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1751 et seq.; |
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(5) the summer food service program under 42 U.S.C. |
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Section 1761; |
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(6) the child and adult care food program under 42 |
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U.S.C. Section 1766; |
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(7) the special milk program under 42 U.S.C. Section |
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1772; and |
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(8) the school breakfast program under 42 U.S.C. |
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Section 1773. |
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SECTION 2. Section 12.020(c), Agriculture Code, as amended |
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by Chapter 374 and 1124, Acts of the 77th Legislature, Regular |
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Session, 2001, is reenacted to read as follows: |
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(c) The provisions of this code subject to this section and |
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the applicable penalty amounts are as follows: |
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Provision |
Amount of Penalty |
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Chapters 13, 14A, 18, 46, 61, 94, |
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95, 101, 102, 103, 121, 125, 132, |
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and 134 |
not more than $500 |
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Chapter 76 |
not more than $2,000 |
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Subchapters A and C, Chapter 71 |
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Chapters 72, 73, and 74 |
not more than $5,000 |
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Chapter 14 |
not more than $10,000. |
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SECTION 3. Chapter 12, Agriculture Code, is amended by |
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adding Section 12.042 to read as follows: |
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Sec. 12.042. TRANS-FATTY ACID STUDY. (a) Not later than |
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December 1, 2008, the department shall prepare and submit a report |
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to the governor, lieutenant governor, speaker of the house of |
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representatives, and appropriate standing committees of the |
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legislature containing information on the department's and the |
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United States Department of Agriculture's steps to reduce |
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trans-fatty acids from all school meals and nutrition programs. |
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The report shall detail all initiatives, proposals, and programs |
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that the department and the United States Department of Agriculture |
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are then currently conducting or planning to conduct and include |
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the department's recommendations for legislative action to assist |
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in reducing trans-fatty acids from school meals. |
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(b) This section expires December 2, 2008. |
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SECTION 4. Chapter 12, Agriculture Code, is amended by |
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adding Section 12.043 to read as follows: |
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Sec. 12.043. STUDY REGARDING PARTICIPATION IN BREAKFAST |
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PROGRAM. (a) In this section, "breakfast program" means the |
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national school breakfast program provided for by the Child |
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Nutrition Act of 1966 (42 U.S.C. Section 1773). |
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(b) The department shall identify methods for increasing |
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the number of students who eat breakfast, including: |
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(1) conducting a cost-benefit analysis in a sample of |
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school districts in which 60 percent or more of the students qualify |
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for free or reduced-price breakfast to determine the impact of |
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providing a free breakfast to: |
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(A) students who would otherwise pay a reduced |
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price for breakfast; and |
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(B) all students in the district regardless of |
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family income; |
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(2) identifying programs and practices in school |
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districts in this state and other states that are effective in |
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increasing participation in the breakfast program; and |
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(3) providing information at the beginning of the |
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school year to students and parents about the importance of eating |
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breakfast. |
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(c) The cost-benefit analysis required under Subsection (b) |
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must assess: |
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(1) administrative costs to a school district; |
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(2) federal reimbursement made to a school district |
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for free or reduced-price breakfast; |
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(3) cost per breakfast to a school district; and |
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(4) participation of students in the breakfast |
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program. |
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(d) Not later than October 31, 2008, the commissioner shall |
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prepare and deliver a report describing the results of the study to |
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the governor, the lieutenant governor, and the speaker of the house |
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of representatives. The report must: |
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(1) include the cost-benefit analysis required under |
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Subsection (b); |
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(2) outline effective programs and practices |
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identified under Subsection (b); and |
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(3) recommend to the legislature methods for |
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increasing participation in the breakfast program. |
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(e) This section expires January 1, 2009. |
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SECTION 5. Chapter 33, Human Resources Code, is amended by |
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adding Sections 33.0005 and 33.0006 to read as follows: |
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Sec. 33.0005. DEFINITIONS. In this chapter: |
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(1) "Department" means: |
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(A) with respect to the food stamp program, the |
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Health and Human Services Commission; and |
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(B) with respect to any other nutritional |
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assistance program or special nutrition program listed in |
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Subdivision (3), the Health and Human Services Commission or the |
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agency of this state that operates the program, as applicable. |
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(2) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission, or the |
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chief administrative officer of an agency of this state operating a |
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nutritional assistance program, as applicable. |
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(3) "Nutritional assistance program" or "special |
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nutrition program" includes the following programs authorized by |
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federal law that provide nutritional assistance to needy |
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individuals in this state: |
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(A) the food stamp program; |
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(B) the child and adult care food program; |
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(C) the summer food service program; |
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(D) the food distribution program; |
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(E) the emergency food assistance program; and |
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(F) the commodity supplemental food program. |
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Sec. 33.0006. OPERATION OF FOOD STAMP PROGRAM. The Health |
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and Human Services Commission operates the food stamp program. |
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SECTION 6. Sections 33.002(b) and (e), Human Resources |
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Code, are amended to read as follows: |
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(b) The department may enter into agreements with federal |
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agencies that are required as a prerequisite to the allocation of |
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the commodities or food stamps. The department may enter into |
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agreements with eleemosynary institutions, schools, and other |
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eligible agencies and recipients of the commodities and food |
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stamps. The department administering the distribution of federal |
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surplus commodities and other resources may cooperate with a |
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municipality or county as necessary to properly administer that |
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distribution. |
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(e) The department [Texas Department of Human Services] |
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shall screen all applicants for expedited issuance on a priority |
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basis within one working day. Applicants who meet the federal |
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criteria for expedited issuance and have an immediate need for food |
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assistance shall receive either a manual Authorization-to-Purchase |
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card or the immediate issuance of food stamp coupons within one |
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working day. |
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SECTION 7. Section 33.004(b), Human Resources Code, is |
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amended to read as follows: |
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(b) The advisory boards shall be of the size, membership, |
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and experience that the executive commissioner determines to be |
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essential for the accomplishment of the purposes of this chapter |
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and not in conflict with or duplicative of other laws on this |
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subject. |
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SECTION 8. Section 33.013(c), Human Resources Code, is |
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amended to read as follows: |
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(c) Where emergency food programs do not exist, the |
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department [Texas Department of Human Services] office shall assist |
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community groups in establishing emergency food assistance |
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programs. |
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SECTION 9. Section 33.024(e), Human Resources Code, is |
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amended to read as follows: |
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(e) School district facilities shall be utilized for the |
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summer program unless: |
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(1) the district provides documentation, verified by |
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the department and the agency, showing that the cost to the district |
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exceeds the funds available for the summer program; or |
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(2) the department [Department of Human Services] |
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verifies that the program will operate at adequate alternative |
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facilities. |
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SECTION 10. Section 12.0012, Agriculture Code, as added by |
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Chapter 369, Acts of the 78th Legislature, Regular Session, 2003, |
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is repealed. |
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SECTION 11. All records, contracts, assets, personal |
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property, and personnel of the Health and Human Services Commission |
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associated with or engaged in the administration of a nutrition |
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program transferred to the Department of Agriculture by this Act |
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are transferred to the Department of Agriculture. |
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SECTION 12. A rule or form adopted by the Health and Human |
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Services Commission for the administration of a federal or state |
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nutrition program transferred by this Act is a rule or form of the |
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Department of Agriculture until changed by the Department of |
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Agriculture. |
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SECTION 13. If before implementing any provision of this |
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Act an agency of this state determines that a waiver or |
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authorization from a federal agency is necessary for implementation |
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of that provision, the agency affected by the provision shall |
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request the waiver or authorization and may delay the |
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implementation of that provision until the waiver or authorization |
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is granted. |
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SECTION 14. 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, 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. 4062 was passed by the House on April |
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25, 2007, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 4062 on May 24, 2007, by the following vote: Yeas 141, Nays 0, |
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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. 4062 was passed by the Senate, with |
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amendments, on May 22, 2007, by the following vote: Yeas 31, Nays |
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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 |