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R E S O L U T I O N
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BE IT RESOLVED by the House of Representatives of the State of |
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Texas, 80th Legislature, Regular Session, 2007, That House Rule 13, |
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Section 9(a), be suspended in part as provided by House Rule 13, |
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Section 9(f), to enable the conference committee appointed to |
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resolve the differences on Senate Bill 1119 (authority of a local |
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authority to implement a photographic traffic signal enforcement |
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system; providing for the imposition of civil penalties; providing |
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a criminal penalty) to consider and take action on the following |
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matters: |
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(1) House Rule 13, Sections 9(a)(3) and (4), are suspended |
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to permit the committee to add the following sections to proposed |
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Chapter 707, Transportation Code: |
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Sec. 707.006. GENERAL SURVEILLANCE PROHIBITED; OFFENSE. |
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(a) A local authority shall operate a photographic traffic control |
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signal enforcement system only for the purpose of detecting a |
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violation or suspected violation of a traffic-control signal. |
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(b) A person commits an offense if the person uses a |
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photographic traffic signal enforcement system to produce a |
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recorded image other than in the manner and for the purpose |
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specified by this chapter. |
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(c) An offense under this section is a Class A misdemeanor. |
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Sec. 707.007. AMOUNT OF CIVIL PENALTY; LATE PAYMENT |
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PENALTY. If a local authority enacts an ordinance to enforce |
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compliance with the instructions of a traffic-control signal by the |
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imposition of a civil or administrative penalty, the amount of: |
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(1) the civil or administrative penalty may not exceed |
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$75; and |
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(2) a late payment penalty may not exceed $25. |
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Sec. 707.008. DEPOSIT OF REVENUE FROM CERTAIN TRAFFIC |
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PENALTIES. (a) Not later than the 60th day after the end of a local |
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authority's fiscal year, after deducting amounts the local |
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authority is authorized by Subsection (b) to retain, the local |
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authority shall: |
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(1) send 50 percent of the revenue derived from civil |
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or administrative penalties collected by the local authority under |
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this section to the comptroller for deposit to the credit of the |
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regional trauma account established under Section 782.002, Health |
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and Safety Code; and |
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(2) deposit the remainder of the revenue in a special |
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account in the local authority's treasury that may be used only to |
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fund traffic safety programs, including pedestrian safety |
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programs, public safety programs, intersection improvements, and |
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traffic enforcement. |
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(b) A local authority may retain an amount necessary to |
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cover the costs of: |
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(1) purchasing or leasing equipment that is part of or |
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used in connection with the photographic traffic signal enforcement |
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system in the local authority; |
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(2) installing the photographic traffic signal |
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enforcement system at sites in the local authority, including the |
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costs of installing cameras, flashes, computer equipment, loop |
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sensors, detectors, utility lines, data lines, poles and mounts, |
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networking equipment, and associated labor costs; |
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(3) operating the photographic traffic signal |
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enforcement system in the local authority, including the costs of |
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creating, distributing, and delivering violation notices, review |
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of violations conducted by employees of the local authority, the |
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processing of fine payments and collections, and the costs |
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associated with administrative adjudications and appeals; and |
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(4) maintaining the general upkeep and functioning of |
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the photographic traffic signal enforcement system. |
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(c) Chapter 133, Local Government Code, applies to fee |
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revenue described by Subsection (a)(1). |
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(d) If under Section 133.059, Local Government Code, the |
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comptroller conducts an audit of a local authority and determines |
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that the local authority retained more than the amounts authorized |
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by this section or failed to deposit amounts as required by this |
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section, the comptroller may impose a penalty on the local |
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authority equal to twice the amount the local authority: |
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(1) retained in excess of the amount authorized by |
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this section; or |
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(2) failed to deposit as required by this section. |
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Explanation: This change is necessary to provide for the |
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administration of a civil or administrative penalty imposed by a |
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local authority to enforce compliance with the instructions of a |
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traffic-control signal and use of the money collected to help fund |
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regional emergency medical services. |
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(2) House Rule 13, Sections 9(a)(3) and (4), are suspended |
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to permit the conference committee to add the following: |
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SECTION 4. Section 133.004, Local Government Code, is |
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amended to read as follows: |
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Sec. 133.004. CIVIL FEES. This chapter applies to the |
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following civil fees: |
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(1) the consolidated fee on filing in district court |
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imposed under Section 133.151; |
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(2) the filing fee in district court for basic civil |
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legal services for indigents imposed under Section 133.152; |
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(3) the filing fee in courts other than district court |
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for basic civil legal services for indigents imposed under Section |
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133.153; |
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(4) the filing fees for the judicial fund imposed in |
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certain statutory county courts under Section 51.702, Government |
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Code; |
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(5) the filing fees for the judicial fund imposed in |
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certain county courts under Section 51.703, Government Code; |
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(6) the filing fees for the judicial fund imposed in |
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certain statutory probate courts under Section 51.704, Government |
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Code; |
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(7) fees collected under Section 118.015; |
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(8) marriage license fees for the family trust fund |
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collected under Section 118.018; |
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(9) marriage license or declaration of informal |
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marriage fees for the child abuse and neglect prevention trust fund |
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account collected under Section 118.022; [and] |
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(10) the filing fee for the judicial fund imposed in |
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district court, statutory county court, and county court under |
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Section 133.154; and |
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(11) the portion of the civil or administrative |
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penalty described by Section 707.008(a)(1), Transportation Code, |
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imposed by a local authority to enforce compliance with the |
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instructions of a traffic-control signal. |
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SECTION 5. Subtitle B, Title 9, Health and Safety Code, is |
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amended by adding Chapter 782 to read as follows: |
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CHAPTER 782. REGIONAL EMERGENCY MEDICAL SERVICES |
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Sec. 782.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Commissioner" means the executive commissioner |
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of the Health and Human Services Commission. |
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Sec. 782.002. REGIONAL TRAUMA ACCOUNT. (a) The regional |
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trauma account is created as a dedicated account in the general |
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revenue fund of the state treasury. Money in the account may be |
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appropriated only to the commission to make distributions as |
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provided by Section 782.003. |
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(b) The account is composed of money deposited to the credit |
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of the account under Section 707.008, Transportation Code, and the |
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earnings of the account. |
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(c) Sections 403.095 and 404.071, Government Code, do not |
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apply to the account. |
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Sec. 782.003. PAYMENTS FROM THE REGIONAL TRAUMA ACCOUNT. |
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(a) The commissioner shall use money appropriated from the |
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regional trauma account established under Section 782.002 to fund |
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uncompensated care of designated trauma facilities and county and |
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regional emergency medical services located in the area served by |
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the trauma service area regional advisory council that serves the |
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local authority submitting money under Section 707.008, |
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Transportation Code. |
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(b) In any fiscal year, the commissioner shall use: |
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(1) 96 percent of the money appropriated from the |
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account to fund a portion of the uncompensated trauma care provided |
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at facilities designated as state trauma facilities by the |
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Department of State Health Services; |
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(2) two percent of the money appropriated from the |
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account for county and regional emergency medical services; |
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(3) one percent of the money appropriated from the |
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account for distribution to the 22 trauma service area regional |
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advisory councils; and |
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(4) one percent of the money appropriated from the |
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account to fund administrative costs of the commission. |
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(c) The money under Subsection (b) shall be distributed in |
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proportion to the amount deposited to the account from the local |
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authority. |
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Explanation: This change is necessary to provide that money |
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from civil or administrative penalties imposed by a local authority |
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to enforce compliance with the instructions of a traffic-control |
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signal is to be used for regional emergency medical services. |
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(3) House Rule 13, Sections 9(a)(3) and (4), are suspended |
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to permit the conference committee to add the following: |
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SECTION 6. Section 707.008, Transportation Code, as added |
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by this Act, and Section 782.002, Health and Safety Code, as added |
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by this Act, apply to revenue received by a local authority unit of |
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this state from the imposition of a civil or administrative penalty |
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on or after the effective date of this Act, regardless of whether |
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the penalty was imposed before, on, or after the effective date of |
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this Act. |
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SECTION 7. Not later than December 1, 2007, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt rules to implement Chapter 782, Health and Safety Code, as |
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added by this Act. |
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Explanation: This change is necessary to implement the |
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changes in law that provide for the use of money from civil or |
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administrative penalties imposed by a local authority to enforce |
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compliance with the instructions of a traffic-control signal. |
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(4) House Rule 13, Section 9(a)(2), is suspended to permit |
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the conference committee to omit text from the section containing |
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the effective date as follows: |
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(a) Except as provided by Subsection (b) of this section, |
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. . . . |
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(b) This Act takes effect only if Senate Bill No. 125, Acts |
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of the 80th Legislature, Regular Session, 2007, is enacted and |
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becomes law. |
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Explanation: The language making the bill contingent on S.B. |
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No. 125 taking effect is no longer necessary since that bill has |
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been incorporated into the conference committee report for S.B. No. |
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1119. |
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Murphy |
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______________________________ |
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Speaker of the House |
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I certify that H.R. No. 2880 was adopted by the House on May |
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27, 2007, by a non-record vote. |
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______________________________ |
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Chief Clerk of the House |
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