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AN ACT
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relating to the operation and continuation of the law authorizing |
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the issuance of oversize or overweight vehicle permits by certain |
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port authorities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. AMENDMENT OF SUBCHAPTER K, CHAPTER 623, BEFORE |
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EXPIRATION |
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SECTION 1.01. Subsection (b), Section 623.214, |
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Transportation Code, is amended to read as follows: |
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(b) Fees collected under Subsection (a), less |
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administrative costs, shall be used solely to provide funds for the |
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maintenance and improvement of state highways subject to this |
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subchapter. The [payments provided for under Section 623.213 less] |
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administrative costs, which may [shall] not exceed 15 percent of |
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the fees collected, may be retained by the port authority. The |
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[Such] fees, less administrative costs, shall be deposited in the |
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State Highway Fund [6]. |
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SECTION 1.02. Subsection (a), Section 623.215, |
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Transportation Code, is amended to read as follows: |
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(a) A permit issued under this subchapter must include: |
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(1) the name of the applicant; |
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(2) the date of issuance; |
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(3) the signature of the director of the port |
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authority; |
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(4) a statement of the kind of cargo being transported |
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under the permit [over State Highways 48 and 4 between the Gateway
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International Bridge and the entrance to the Port of Brownsville,
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or over State Highways 48 and 4 and United States Highways 77 and 83
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between Veterans International Bridge at Los Tomates and the
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entrance to the Port of Brownsville], the maximum weight and |
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dimensions of the equipment, and the kind and weight of each |
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commodity to be transported provided the gross weight of such |
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equipment and commodities shall not exceed 125,000 pounds; |
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(5) a statement of any condition on which the permit is |
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issued; |
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(6) a statement of the route designated under Section |
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623.219 [that the cargo shall be transported over the most direct
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route from the Gateway International Bridge or the Veterans
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International Bridge at Los Tomates to the entrance of the Port of
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Brownsville using State Highways 48 and 4 or United States Highways
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77 and 83]; |
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(7) the name of the driver of the vehicle in which the |
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cargo is to be transported; and |
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(8) the location where the cargo was loaded. |
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SECTION 1.03. Section 623.219, Transportation Code, is |
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amended to read as follows: |
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Sec. 623.219. ROUTE DESIGNATION [EXPIRATION]. (a) The |
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commission shall, with the consent of the port authority, designate |
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the most direct route from the Gateway International Bridge or the |
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Veterans International Bridge at Los Tomates to the entrance of the |
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Port of Brownsville using State Highways 48 and 4 or United States |
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Highways 77 and 83 or using United States Highway 77 and United |
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States Highway 83, East Loop Corridor, and State Highway 4. |
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(b) If the commission designates a route or changes the |
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route designated under this section, the commission shall notify |
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the port authority of the route not later than the 60th day before |
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the date that the designation takes effect [This subchapter expires
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June 1, 2009]. |
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SECTION 1.04. Section 623.213, Transportation Code, is |
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repealed. |
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ARTICLE 2. REENACTMENT AND AMENDMENT OF SUBCHAPTER K, |
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CHAPTER 623, AFTER EXPIRATION |
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SECTION 2.01. Subchapter K, Chapter 623, Transportation |
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Code, is reenacted and amended to read as follows: |
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SUBCHAPTER K. PORT AUTHORITY PERMITS |
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Sec. 623.210. OPTIONAL PROCEDURE. This subchapter provides |
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an optional procedure for the issuance of a permit for the movement |
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of oversize or overweight vehicles carrying cargo on state highways |
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located in counties contiguous to the Gulf of Mexico or a bay or |
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inlet opening into the gulf and bordering the United Mexican |
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States. |
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Sec. 623.211. DEFINITION. In this subchapter, "port |
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authority" means a port authority created or operating under |
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Section 52, Article III, or Section 59, Article XVI, Texas |
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Constitution. |
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Sec. 623.212. PERMITS BY PORT AUTHORITY. The department |
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may authorize a port authority to issue permits for the movement of |
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oversize or overweight vehicles carrying cargo on state highways |
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located in counties contiguous to the Gulf of Mexico or a bay or |
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inlet opening into the gulf and bordering the United Mexican |
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States. |
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Sec. 623.213. [MAINTENANCE CONTRACTS. A port authority
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issuing permits under this subchapter shall make payments to the
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department to provide funds for the maintenance of state highways
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subject to this subchapter.
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[Sec. 623.214.] PERMIT FEES. (a) A port authority may |
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collect a fee for permits issued under this subchapter. The [Such] |
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fees may [shall] not exceed $80 per trip. |
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(b) Fees collected under Subsection (a), less |
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administrative costs, shall be used solely to provide funds for the |
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maintenance and improvement of state highways subject to this |
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chapter. The [payments provided for under Section 623.213 less] |
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administrative costs, which may [shall] not exceed 15 percent of |
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the fees collected, may be retained by the port authority. The |
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[Such] fees, less administrative costs, shall be deposited in the |
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State Highway Fund [6]. |
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Sec. 623.214 [623.215]. PERMIT REQUIREMENTS. (a) A |
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permit issued under this subchapter must include: |
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(1) the name of the applicant; |
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(2) the date of issuance; |
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(3) the signature of the director of the port |
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authority; |
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(4) a statement of the kind of cargo being transported |
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under the permit [over State Highways 48 and 4 between the Gateway
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International Bridge and the entrance to the Port of Brownsville,
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or over State Highways 48 and 4 and United States Highways 77 and 83
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between Veterans International Bridge at Los Tomates and the
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entrance to the Port of Brownsville], the maximum weight and |
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dimensions of the equipment, and the kind and weight of each |
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commodity to be transported provided the gross weight of such |
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equipment and commodities shall not exceed 125,000 pounds; |
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(5) a statement of any condition on which the permit is |
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issued; |
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(6) a statement of the route designated under Section |
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623.218 [that the cargo shall be transported over the most direct
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route from the Gateway International Bridge or the Veterans
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International Bridge at Los Tomates to the entrance of the Port of
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Brownsville using State Highways 48 and 4 or United States Highways
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77 and 83]; |
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(7) the name of the driver of the vehicle in which the |
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cargo is to be transported; and |
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(8) the location where the cargo was loaded. |
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(b) A port authority shall report to the department all |
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permits issued under this subchapter. |
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Sec. 623.215 [623.216]. TIME OF MOVEMENT. A permit issued |
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under this subchapter shall specify the time in which movement |
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authorized by the permit is allowed. |
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Sec. 623.216 [623.217]. SPEED LIMIT. Movement authorized |
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by a permit issued under this subchapter shall not exceed the posted |
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speed limit or 55 miles per hour, whichever is less. Violation of |
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this provision shall constitute a moving violation. |
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Sec. 623.217 [623.218]. ENFORCEMENT. The Department of |
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Public Safety shall have authority to enforce the provisions of |
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this subchapter. |
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Sec. 623.218 [623.219]. ROUTE DESIGNATION [EXPIRATION]. |
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(a) The commission shall, with the consent of the port authority, |
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designate the most direct route from the Gateway International |
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Bridge or the Veterans International Bridge at Los Tomates to the |
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entrance of the Port of Brownsville using State Highways 48 and 4 or |
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United States Highways 77 and 83 or using United States Highway 77 |
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and United States Highway 83, East Loop Corridor, and State Highway |
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4. |
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(b) If the commission designates a route or changes the |
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route designated under this section, the commission shall notify |
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the port authority of the route not later than the 60th day before |
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the date that the designation takes effect [This subchapter expires
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June 1, 2009]. |
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ARTICLE 3. TRANSITION AND EFFECTIVE |
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DATE PROVISIONS |
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SECTION 3.01. A vehicle for which a permit is issued under |
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Subchapter K, Chapter 623, Transportation Code, before the date |
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that a route designated by the Texas Transportation Commission |
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under Section 623.219, Transportation Code, as amended by this Act, |
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takes effect must use the route specified in Subdivision (6), |
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Subsection (a), Section 623.215, Transportation Code, as that |
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section existed immediately before the effective date of this Act, |
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and that section continues in effect for that purpose. |
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SECTION 3.02. (a) Article 1 of this Act takes effect only |
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if this Act takes effect before June 1, 2009. |
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(b) Subchapter K, Chapter 623, Transportation Code, as |
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reenacted and amended by Article 2 of this Act, takes effect only if |
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this Act takes effect on or after June 1, 2009. |
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SECTION 3.03. 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 hereby certify that S.B. No. 1373 passed the Senate on |
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April 9, 2009, by the following vote: Yeas 31, Nays 0; and that the |
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Senate concurred in House amendment on May 8, 2009, by the following |
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vote: Yeas 30, 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. 1373 passed the House, with |
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amendment, on May 5, 2009, by the following vote: Yeas 144, Nays 0, |
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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 |