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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 80th |
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Legislature, Regular Session, 2007, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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Senate Bill No. 1119 (authority of a local authority to implement |
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a photographic traffic signal enforcement system; providing for |
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the imposition of civil penalties; providing a criminal penalty) |
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to consider and take action on the following matters: |
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(1) Senate Rules 12.03(3) and (4) are suspended to permit |
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the conference committee to add the following sections to |
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proposed 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 |
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control signal enforcement system only for the purpose of |
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detecting a violation or suspected violation of a |
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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 |
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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 |
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the imposition of a civil or administrative penalty, the amount |
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of: |
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(1) the civil or administrative penalty may not |
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exceed $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 |
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local 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 |
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civil or administrative penalties collected by the local |
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authority under this section to the comptroller for deposit to |
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the credit of the regional trauma account established under |
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Section 782.002, Health and Safety Code; and |
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(2) deposit the remainder of the revenue in a |
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special account in the local authority's treasury that may be |
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used only to fund traffic safety programs, including pedestrian |
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safety programs, public safety programs, intersection |
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improvements, and 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 |
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or used in connection with the photographic traffic signal |
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enforcement 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 |
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of 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 |
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authorized by this section or failed to deposit amounts as |
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required by this section, the comptroller may impose a penalty on |
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the local authority equal to twice the amount the local |
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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 |
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fund regional emergency medical services. |
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(2) Senate Rules 12.03(3) and (4) are suspended to permit |
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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 |
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court for basic civil legal services for indigents imposed under |
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Section 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, |
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Government 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 |
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fund 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, |
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is 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 |
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Services 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 |
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regional trauma account is created as a dedicated account in the |
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general revenue fund of the state treasury. Money in the account |
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may be appropriated only to the commission to make distributions |
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as provided by Section 782.003. |
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(b) The account is composed of money deposited to the |
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credit of the account under Section 707.008, Transportation |
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Code, and the 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 |
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fund uncompensated care of designated trauma facilities and |
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county and regional emergency medical services located in the |
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area served by the trauma service area regional advisory council |
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that serves the local authority submitting money under Section |
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707.008, 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 |
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provided at facilities designated as state trauma facilities by |
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the 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 |
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in proportion to the amount deposited to the account from the |
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local authority. |
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Explanation: This change is necessary to provide that |
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money from civil or administrative penalties imposed by a local |
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authority to enforce compliance with the instructions of a |
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traffic-control signal is to be used for regional emergency |
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medical services. |
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(3) Senate Rules 12.03(3) and (4) are suspended to permit |
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the conference committee to add the following: |
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SECTION 6. Section 707.008, Transportation Code, as |
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added by this Act, and Section 782.002, Health and Safety Code, |
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as added by this Act, apply to revenue received by a local |
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authority unit of this state from the imposition of a civil or |
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administrative penalty on or after the effective date of this |
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Act, regardless of whether the penalty was imposed before, on, or |
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after the effective date of 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) Senate Rule 12.03(2) is suspended to permit the |
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conference committee to omit text from the section containing the |
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effective date as follows: |
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(a) Except as provided by Subsection (b) of this section, |
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this Act takes effect September 1, 2007. |
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(b) This Act takes effect only if Senate Bill No. 125, |
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Acts of the 80th Legislature, Regular Session, 2007, is enacted |
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and becomes law. |
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Explanation: The language making the bill contingent on |
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Senate Bill No. 125 taking effect is no longer necessary since |
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that bill has been incorporated into the conference committee |
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report for Senate Bill No. 1119. |
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_______________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on May 27, 2007. |
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_______________________________ |
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Secretary of the Senate |