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AN ACT
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relating to the continuation and functions of the Office of |
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State-Federal Relations and the administrative attachment of that |
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agency to the office of the governor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 751.002, Government |
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Code, is amended to read as follows: |
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(a) The Office of State-Federal Relations is an agency of |
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the state and operates within the executive department. The office |
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is administratively attached to the office of the governor. The |
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governor's office shall provide human resources and other |
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administrative support for the office. The office is funded by |
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appropriations made to the office of the governor. |
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SECTION 2. Section 751.003, Government Code, is amended to |
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read as follows: |
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Sec. 751.003. SUNSET PROVISION. The Office of |
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State-Federal Relations is subject to Chapter 325 (Texas Sunset |
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Act). Unless continued in existence as provided by that chapter, |
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the office is abolished and this chapter expires September 1, 2015 |
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[2009]. [In the review of the office by the Sunset Advisory
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Commission, as required by this section, the sunset commission
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shall limit its review to the appropriateness of recommendations
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made to the 80th Legislature. In its report to the 81st
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Legislature, the sunset commission may include any recommendations
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it considers appropriate.] |
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SECTION 3. The heading to Section 751.005, Government Code, |
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is amended to read as follows: |
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Sec. 751.005. GENERAL POWERS AND DUTIES OF OFFICE |
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[DIRECTOR]. |
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SECTION 4. Section 751.005, Government Code, is amended by |
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amending Subsections (a), (b), and (c) and adding Subsection (e) to |
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read as follows: |
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(a) The office [director] shall exercise the powers and |
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carry out the duties prescribed by this section in order to act as a |
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liaison from the state to the federal government. |
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(b) The office [director] shall: |
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(1) help coordinate state and federal programs dealing |
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with the same subject; |
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(2) inform the governor and the legislature of federal |
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programs that may be carried out in the state or that affect state |
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programs; |
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(3) provide federal agencies and the United States |
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Congress with information about state policy and state conditions |
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on matters that concern the federal government; |
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(4) provide the legislature with information useful in |
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measuring the effect of federal actions on the state and local |
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programs; |
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(5) prepare and supply to the governor and all members |
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of the legislature an annual report that: |
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(A) describes the office's operations; |
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(B) contains the office's priorities and |
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strategies for the following year; |
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(C) details projects and legislation pursued by |
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the office; |
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(D) discusses issues in the following |
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congressional session of interest to this state; and |
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(E) contains an analysis of federal funds |
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availability and formulae; [and] |
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(6) prepare annually a complete and detailed written |
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report accounting for all funds received and disbursed by the |
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office during the preceding fiscal year; |
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(7) notify the governor, the lieutenant governor, the |
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speaker of the house of representatives, and the legislative |
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standing committees in each house with primary jurisdiction over |
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intergovernmental affairs of federal activities relevant to the |
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state and inform the Texas congressional delegation of state |
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activities; |
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(8) conduct frequent conference calls with the |
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lieutenant governor and the speaker of the house of representatives |
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or their designees regarding state-federal relations and programs; |
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(9) respond to requests for information from the |
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legislature, the United States Congress, and federal agencies; |
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(10) coordinate with the Legislative Budget Board |
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regarding the effects of federal funding on the state budget; and |
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(11) report to, and on request send appropriate |
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representatives to appear before, the legislative standing |
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committees in each house with primary jurisdiction over |
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intergovernmental affairs. |
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(c) The office [director] may maintain office space at |
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locations inside and outside the state as chosen by the office |
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[director]. |
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(e) The report required under Subsection (b)(5) must |
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include an evaluation of the performance of the office based on |
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performance measures that are developed by the board. |
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SECTION 5. Subsection (g), Section 751.006, Government |
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Code, is amended to read as follows: |
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(g) The director and the staff of the office working in |
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Washington, D.C., may receive a [the same] cost-of-living salary |
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adjustment [as is established for an employee of another state
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agency under Section 751.012(d)]. |
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SECTION 6. Subchapter A, Chapter 751, Government Code, is |
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amended by adding Sections 751.015 and 751.016 to read as follows: |
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Sec. 751.015. CONTRACTS BETWEEN OFFICE AND CONSULTANTS. |
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(a) If the office elects to contract with federal-level government |
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relations consultants, the office shall adopt written procedures |
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for those contracts. The procedures must include: |
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(1) guidelines regarding contract management; |
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(2) a competitive procurement process and method to |
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assess the effectiveness of a prospective consultant; |
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(3) a technique for assigning a value to a prospective |
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consultant's ability to provide services at a reasonable price and |
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level of experience; |
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(4) a process for determining a prospective |
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consultant's ability to work with influential members of the United |
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States Congress and serve as an effective advocate on behalf of the |
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state; and |
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(5) a method to verify that the interests of a |
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prospective consultant or the consultant's other clients do not |
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create a conflict of interest that may jeopardize the state's |
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interest. |
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(b) A contract between the office and a federal-level |
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government relations consultant must include: |
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(1) an agreement regarding the goals of the service to |
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be provided by the consultant and targeted performance measures; |
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(2) a provision governing the manner in which the |
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contract may be terminated by the parties to the contract; and |
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(3) a provision allowing the office, the state |
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auditor's office as provided by Section 2262.003, and other |
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specified oversight entities to audit the contractor's performance |
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under the contract. |
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(c) All three members of the board must sign any contract |
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between the office and a federal-level government relations |
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consultant. |
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Sec. 751.016. CONTRACTS BY STATE AGENCIES OR POLITICAL |
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SUBDIVISIONS. (a) In this section, "political subdivision" |
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includes a river authority. |
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(b) An agency or political subdivision of the state shall |
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report to the office on any contract between the agency or |
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subdivision and a federal-level government relations consultant. A |
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state agency or political subdivision shall submit one report under |
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this section not later than the 30th day after the date the contract |
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is executed and a second report not later than the 30th day after |
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the date the contract is terminated. The report must include: |
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(1) the name of the consultant or consulting firm; |
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(2) the issue on which the consultant was hired to |
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consult; and |
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(3) the amount of compensation paid or to be paid to |
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the consultant under the contract. |
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(b-1) A state agency or political subdivision contracting |
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with a federal-level government relations consultant before |
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September 1, 2009, shall, if the contract has not terminated before |
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that date, submit a report as required by Subsection (b) not later |
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than September 30, 2009. This subsection expires September 1, |
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2010. |
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(c) If a state agency contracts with a federal-level |
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government relations consultant and the consultant subcontracts |
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the work to another firm or individual, the state agency shall |
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report the subcontract to the office. |
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(d) This section does not apply to a political subdivision |
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whose federal-level government relations consultant is required by |
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other law to disclose, report, and make available the information |
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required by Subsection (b) to: |
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(1) the public; and |
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(2) a federal or state entity. |
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SECTION 7. The following provisions of the Government Code |
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are repealed: |
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(1) Subsections (b), (c), (d), (e), and (f), Section |
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751.006; |
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(2) Subsections (b), (e), and (f), Section 751.012; |
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and |
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(3) Sections 751.013, 751.014, and 751.024. |
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SECTION 8. The Office of State-Federal Relations and the |
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office of the governor shall establish a plan for the |
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administrative attachment of the Office of State-Federal Relations |
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to the office of the governor. |
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SECTION 9. 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 hereby certify that S.B. No. 1003 passed the Senate on |
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April 7, 2009, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 30, 2009, by the |
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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. 1003 passed the House, with |
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amendment, on May 19, 2009, by the following vote: Yeas 146, |
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Nays 0, one 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 |