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AN ACT
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relating to permits to control protected wildlife; providing a |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 43.151, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 43.151. THREATS TO PUBLIC SAFETY OR DAMAGE BY |
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WILDLIFE. [(a)] A person who has evidence clearly showing that |
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wildlife protected by this code is causing serious damage to |
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commercial agricultural, horticultural, or aquicultural interests |
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[or other property], or is a threat to public safety, and who |
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desires to kill the protected wildlife shall give written notice of |
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the facts to the department [county judge of the county or to the
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mayor of the municipality in which the damage or threat occurs]. |
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[(b)
The county judge or mayor, on receiving the notice,
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shall immediately cause a substantial copy of the notice to be
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posted in the county courthouse or city hall, as applicable, and
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shall notify the department of the location of the property where
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the damage or threat is occurring, the type of damage or nature of
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the threat, and the name of the applicant.] |
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SECTION 2. Subchapter H, Chapter 43, Parks and Wildlife |
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Code, is amended by adding Section 43.1515 to read as follows: |
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Sec. 43.1515. RULES. The commission may adopt rules to |
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implement this subchapter, including rules governing: |
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(1) reports that must be submitted to the department |
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by a person who holds a permit issued by the department under this |
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subchapter; |
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(2) the reinstatement of a canceled permit and a fee |
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for the reinstatement; |
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(3) the possession of wildlife resources taken or held |
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under this subchapter; |
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(4) the circumstances required to qualify for a |
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permit; and |
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(5) the electronic issuance of permits. |
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SECTION 3. Section 43.152, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 43.152. DEPARTMENT INSPECTION. (a) On receiving |
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notice from a person under Section 43.151 [a county judge or mayor], |
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the department may [shall] inspect the property and determine if |
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damage or a threat to public safety is occurring as alleged in the |
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notice. |
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(b) If the notice received by the department under Section |
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43.151 alleges damage or a threat to public safety caused by mule |
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deer, pronghorn antelope, or desert bighorn sheep, the department |
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may not issue a permit under Section 43.154 unless the department |
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inspects the property and determines whether serious damage or a |
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threat to public safety is occurring. [If the damage or threat is
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occurring, the department shall make recommendations to the person
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as are feasible and appropriate for controlling the damage or
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threat.] |
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SECTION 4. Section 43.153, Parks and Wildlife Code, is |
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amended by amending Subsection (b) and adding Subsection (d) to |
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read as follows: |
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(b) The application must be in writing, [and] be sworn to by |
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the applicant, and [must] contain: |
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(1) a statement of facts relating to the damage or |
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threat; and |
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(2) an agreement by the applicant to comply with the |
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provisions of this subchapter and any rules adopted by the |
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commission under this subchapter [relating to the disposition of
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the protected wildlife]. |
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(d) The application must be accompanied by a permit |
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application fee of $50 or an amount set by the commission, whichever |
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amount is more. Proceeds from the fee shall be deposited in the |
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special game, fish, and water safety account. |
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SECTION 5. Section 43.154, Parks and Wildlife Code, is |
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amended by amending Subsections (a), (b), and (c) and adding |
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Subsection (a-1) to read as follows: |
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(a) On receipt of an application, the department may issue a |
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permit for the killing of wildlife without regard to the closed |
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season, bag limit, or means and methods. As soon as practicable, |
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but not later than the 10th business day after the date the |
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department receives an application, the department shall approve or |
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deny the application and, if the application is approved, issue the |
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permit. |
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(a-1) The department may not issue a permit under this |
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section for the killing of mule deer, pronghorn antelope, or desert |
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bighorn sheep unless: |
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(1) the department has inspected the property and has |
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verified that serious damage or a threat to public safety as |
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described in the notice under Section 43.151 is occurring; |
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(2) the department has made recommendations to the |
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applicant regarding ways to minimize the damage or threat; and |
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(3) the applicant has made a reasonable effort to |
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comply with the recommendations made by the department under this |
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section. |
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(b) The department shall deliver or mail the permit, if |
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issued, to the person requesting the permit or to the regional or |
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local office of the department for pickup by the person. The |
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department may issue the permit electronically [county judge or
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mayor that sent the notice of damage or threat. The permit may not
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be delivered earlier than 24 hours after the notice from the county
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judge or mayor was received by the department]. |
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(c) A permit must specify: |
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(1) the period of time during which it is valid; |
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(2) the area in which it applies; |
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(3) the kind and number of wildlife authorized to be |
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killed; and |
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(4) the persons permitted to kill the noxious |
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wildlife. |
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SECTION 6. Section 43.155, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 43.155. DISPOSITION OF WILDLIFE. (a) The holder of a |
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permit issued under this subchapter or a person designated by |
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Section 43.154(c)(4) who kills wildlife under the authority of the |
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permit shall [give the location of the wildlife carcass to the game
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warden or other department employee assigned to the area covered by
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the permit.
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[(b)
The game warden or other department employee notified
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shall] dispose of the carcass by donating it to a charitable |
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institution, a hospital, a needy person, or any other appropriate |
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recipient[, or as directed by the court]. |
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(b) The permit holder or a person designated under Section |
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43.154(c)(4) may not keep or sell any part of the wildlife taken |
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under this subchapter, including antlers. |
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SECTION 7. Section 43.156, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 43.156. CANCELLATION OF PERMIT. The department may |
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cancel a permit if: |
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(1) the permit does not accomplish its intended |
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purposes; |
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(2) the permit holder fails to submit a required |
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report to the department; or |
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(3) the permit holder intentionally made false claims |
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on the application for the permit. |
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SECTION 8. Subchapter H, Chapter 43, Parks and Wildlife |
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Code, is amended by adding Section 43.1565 to read as follows: |
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Sec. 43.1565. REINSTATEMENT OF PERMIT. The department may |
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reinstate a canceled permit if the permit holder submits an |
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application for reinstatement in the same manner as required by |
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Section 43.153 for an original permit and pays a fee set by the |
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commission. |
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SECTION 9. Section 43.157, Parks and Wildlife Code, is |
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amended by amending Subsection (d) and adding Subsection (e) to |
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read as follows: |
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(d) Except as provided by Subsection (e), a [A] person who |
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violates this section commits an offense that is a Class B Parks and |
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Wildlife Code misdemeanor. |
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(e) A person who violates a reporting requirement adopted |
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under this subchapter commits an offense that is a Class C Parks and |
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Wildlife Code misdemeanor. |
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SECTION 10. Sections 43.153(c) and 43.157(a), Parks and |
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Wildlife Code, are repealed. |
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SECTION 11. (a) The change in law made by this Act applies |
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only to an offense committed on or after the effective date of this |
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Act. For the purpose of this subsection, an offense is committed |
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before the effective date of this Act if any element of the offense |
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occurs before that date. An offense committed before the effective |
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date of this Act is covered by the law in effect when the offense was |
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committed, and the former law is continued in effect for that |
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purpose. |
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(b) The change in law made by this Act applies only to a |
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permit under Subchapter H, Chapter 43, Parks and Wildlife Code, |
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that is issued on or after the effective date of this Act. A permit |
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issued before the effective date of this Act is governed by the law |
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as it existed immediately before the effective date of this Act, and |
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that law is continued in effect for that purpose. |
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SECTION 12. 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, 2009. |
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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. 1965 was passed by the House on April |
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23, 2009, 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. 1965 on May 21, 2009, by the following vote: Yeas 138, 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. 1965 was passed by the Senate, with |
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amendments, on May 18, 2009, 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 |