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AN ACT
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relating to the powers and duties of the Gainesville Hospital |
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District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 4, Chapter 211, Acts of the 64th |
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Legislature, Regular Session, 1975, is amended to read as follows: |
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Sec. 4. (a) The district is governed by a board of nine |
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directors. |
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(b) Directors serve staggered three-year terms [Upon the
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effective date of this Act, the following named nine persons shall
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be and constitute the temporary or provisional directors of the
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said district:
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1--Lambert Bezner
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6--Dr. Harry M. Roark
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2--Dr. James R. Cole
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7--J. Robert Evans
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3--L. V. Henry
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8--W. W. Weems
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4--E. J. (Junior) Hudspeth
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9--E. E. Wright
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and each of said directors shall subscribe to the constitutional
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oath of office within 60 days of the effective date of this Act.
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Should any of the named directors refuse to act or for any reason
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fail to qualify as herein required, the County Judge of Cooke County
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shall fill such vacancy.
The terms of office of the first, third,
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fifth, seventh, and ninth named directors shall expire on the first
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Saturday in April of the year following the election for the
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creation of the district, and the terms of the second, fourth,
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sixth, and eighth named directors shall expire on the first
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Saturday in April of the second year following the election for the
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creation of the district]. |
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(c) A regular election for directors shall be held on the |
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uniform election date in May [first Saturday in April] of each year |
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to elect the appropriate number of directors. [The regular
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election for directors shall be ordered by the board, and such order
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shall state the time, place, and purpose of the election, and the
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board shall appoint the presiding judge who shall appoint an
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assistant judge and such clerks as may be required, and such
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election shall be ordered at least 30 days prior to the date on
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which it is to be held.] Any person desiring the person's [his] |
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name to be printed on the ballot as a candidate for director shall |
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file an application [a petition, signed by not less than 15
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qualified voters asking that such name be printed on the ballot,] |
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with the secretary of the board of directors of the district in |
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accordance with Chapter 144, Election Code. [Such petition shall
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be filed with such secretary at least 25 days prior to the date of
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election.] Notice of such election shall be published [one time] in |
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a newspaper of general circulation in the area of the district in |
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accordance with Section 4.003, Election Code [at least 20 days
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before the election]. |
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(d) All vacancies in office [(other than for the failure of
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an original director herein appointed to qualify)] shall be filled |
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by a majority vote of the remaining directors, and such appointees |
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shall hold office for the unexpired terms for which they were |
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appointed. |
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(e) A director who fails to attend at least four regular |
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meetings in any 12-month period is considered to have resigned the |
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director's position, effective immediately on the date of the |
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fourth absence. Further action is not required by the director or |
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the board to effectuate a vacancy under this subsection. A vacancy |
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created by a resignation under this subsection shall be filled as |
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provided by Subsection (d) of this section. |
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(f) No director shall be entitled to compensation but shall |
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be entitled to receive his actual expenses incurred in attending to |
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the district's business, provided such expenses are approved by the |
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remainder of the board. |
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(g) To be qualified to hold office as a director of the |
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district, a person must be a resident of the district and a |
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registered voter [and own property therein subject to
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hospital-district taxation]. |
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(h) The board of directors shall elect from its number a |
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president, vice-president, secretary, and such other officers as in |
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the judgment of the board are necessary[.
The president shall be
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the chief executive officer of the district and shall have the same
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right to vote as any other director.
The vice-president shall
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perform all duties and exercise all powers conferred by this Act
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upon the president when the president is absent or fails or declines
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to act.
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[The directors named herein and their successors in office
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shall hold office as provisional or temporary directors until such
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time as the creation of the district has been approved at an
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election as herein provided.
At such time as the creation of the
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district is so approved and the returns of the election officially
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canvassed, the persons acting as provisional or temporary directors
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shall become permanent directors whose terms shall expire as
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hereinabove provided]. |
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(i) Each [permanent] director and his successor in office |
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shall qualify by executing the constitutional oath of office. |
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(j) A majority of the board shall constitute a quorum for |
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the transaction of business. |
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SECTION 2. Section 5, Chapter 211, Acts of the 64th |
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Legislature, Regular Session, 1975, is amended to read as follows: |
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Sec. 5. (a) The board of directors shall manage, control, |
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and administer the hospital system and the funds and resources |
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[hospital facilities to provide medical and hospital care for needy
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residents] of the district. The district through its board of |
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directors shall have the power and authority to sue and be sued and |
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to promulgate rules and regulations governing the operation of the |
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district. |
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(b) The board of directors shall appoint a qualified person |
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to be known as the administrator [or manager] of the hospital |
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district and may in its discretion appoint an assistant to the |
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administrator [or manager]. Such administrator [or manager,] and |
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assistant administrator [or assistant manager], if any, shall serve |
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at the will of the board and shall receive such compensation as may |
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be fixed by the board. The administrator [or manager] shall, upon |
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assuming his duties, execute a bond payable to the hospital |
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district in an amount to be set by the board of directors, in no |
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event less than $5,000, conditioned that he shall perform the |
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duties required of him, and containing such other conditions as the |
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board may require. The board may pay for the bond with district |
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funds. The administrator [or manager] shall supervise all the |
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work and activities of the hospital district and shall have general |
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direction of the affairs of the district, subject to such |
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limitations as may be prescribed by the board. |
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(c) The board of directors[, with the administrator,] shall |
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have the authority to appoint to or dismiss from the medical staff |
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[admit] such physicians, dentists, and podiatrists as the board |
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determines are [doctors or employ technicians, nurses, and other
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employees of every kind and character as may be deemed] necessary |
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for the efficient operation of the hospital district [or may
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provide that the administrator or manager shall have the authority
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to admit or employ such persons]. |
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(d) The district may employ technicians, nurses, fiscal |
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agents, accountants, architects, additional attorneys, and other |
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necessary employees. The board may delegate to the administrator |
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the authority to employ persons for the district. |
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(e) Such board shall be authorized to contract with any |
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county or incorporated municipality located outside the district |
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for the care and treatment of the sick, diseased, or injured persons |
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of any such county or municipality and shall have the authority to |
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contract with the State of Texas and agencies of the federal |
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government for treatment of sick, diseased, or injured persons for |
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whom the State of Texas or the federal government is responsible. |
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The board of directors is also authorized to enter into such |
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contracts or agreements with the State of Texas or the federal |
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government as may be required to establish or continue a retirement |
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program for the benefit of the district's employees. |
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(f) The board may also enter into a contract or contracts |
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with nonprofit corporations whereby such corporations agree to |
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provide administrative and other personnel for the operation of the |
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hospital facilities, but in no event may such contract be for a |
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period in excess of 25 years from the date the same is executed. |
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(g) The board of directors of such district shall have the |
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power to prescribe the method and manner of making purchases and |
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expenditures by and for such hospital district and also shall be |
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authorized to prescribe all accounting and control procedures and |
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to make such rules and regulations as may be required to carry out |
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the provisions of this Act. The board is given exclusive authority |
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to determine the type, character, and use of the facilities forming |
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a part of the hospital system. |
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SECTION 3. (a) The election of directors scheduled before |
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the effective date of this Act to be held in May, 2008, shall be |
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held, and the three directors who receive the highest number of |
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votes shall each be elected to serve three-year terms. The two |
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remaining directors elected shall be elected to serve two-year |
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terms. Successor directors shall serve three-year terms. |
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(b) Four directors shall be elected in 2009. The director |
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who receives the highest number of votes shall be elected to serve a |
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four-year term. The three remaining directors elected shall be |
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elected to serve three-year terms. Successor directors shall serve |
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three-year terms. |
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SECTION 4. 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, 2007. |
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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. 1165 passed the Senate on |
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April 19, 2007, 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. 1165 passed the House on |
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May 17, 2007, by the following vote: Yeas 143, 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 |