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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 83rd |
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Legislature, Regular Session, 2013, 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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House Bill 6 (relating to the creation and re-creation of funds |
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and accounts, the dedication and rededication of revenue, and the |
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exemption of unappropriated money from use for general |
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governmental purposes), to consider and take action on the |
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following matters: |
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(1) Senate Rule 12.03(2) is suspended to permit the |
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committee to omit text not in disagreement in proposed Section 2 |
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of the bill to read as follows: |
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SECTION 2. ABOLITION OF FUNDS, ACCOUNTS, AND |
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DEDICATIONS. Except as otherwise specifically provided by this |
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Act, all funds and accounts created or re-created by an Act of the |
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83rd Legislature, Regular Session, 2013, that becomes law and all |
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dedications or rededications of revenue collected by a state |
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agency for a particular purpose by an Act of the 83rd |
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Legislature, Regular Session, 2013, that becomes law are |
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abolished on the later of August 31, 2013, or the date the Act |
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creating or re-creating the fund or account or dedicating or |
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rededicating revenue takes effect. |
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Explanation: The omission is necessary to clarify that |
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Section 2 of the bill applies to a dedication of revenue |
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irrespective of whether the revenue collected is in the state |
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treasury. |
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(2) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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or senate version of the bill in proposed Sections 11(5)-(10) of |
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the bill to read as follows: |
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(5) the dedication of fee revenue collected under |
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Section 91.0115, Natural Resources Code, for deposit to the oil |
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and gas regulation and cleanup fund as provided by House Bill No. |
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7 or similar legislation; |
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(6) the dedication of tax revenue imposed under |
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Chapter 171, Tax Code, for deposit to the property tax relief |
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fund as provided by Section 171.664 of that code, as added by |
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House Bill No. 800 or similar legislation; |
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(7) the allocation of tax revenue for deposit to the |
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credit of the available school fund and to the credit of the state |
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highway fund as provided by Section 162.506, Tax Code, as added |
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by House Bill No. 2148 or similar legislation; |
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(8) the dedication of amounts for deposit to the |
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compensation to victims of crime fund as provided by Section |
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140.012, Civil Practice and Remedies Code, as added by House Bill |
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No. 3241 or similar legislation; |
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(9) the dedication of fees and court costs for |
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deposit to the statewide electronic filing system fund as |
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provided by Section 51.851, Government Code, as added by House |
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Bill No. 2302 or similar legislation; and |
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(10) the allocation of money received by the |
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attorney general as provided by Section 402.007, Government |
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Code, as amended by House Bill No. 1445 or similar legislation. |
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Explanation: This addition is necessary to provide for |
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Section 2 of the bill not to abolish the identified dedications |
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of revenue. |
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(3) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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or senate version of the bill in proposed Sections 12(a)(3), |
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(a)(4), and (b) of the bill to read as follows: |
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(3) the habitat protection and research fund held |
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inside the treasury as provided by Section 490F.404, Government |
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Code, as added by House Bill No. 3509 or similar legislation; and |
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(4) the transportation infrastructure fund created |
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in the state treasury by Section 256.102, Transportation Code, as |
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added by Senate Bill No. 1747 or similar legislation. |
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(b) Section 2 of this Act does not apply to the State |
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Water Implementation Fund for Texas or to the State Water |
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Implementation Revenue Fund for Texas in the state treasury as |
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established by House Bill No. 4 of the 83rd Legislature, Regular |
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Session, 2013, to implement the creation of those funds by the |
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constitutional amendment proposed by Senate Joint Resolution No. |
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1, 83rd Legislature, Regular Session, 2013, except that those |
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funds are not created if the voters do not approve of that |
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constitutional amendment at an election held November 5, 2013. |
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Explanation: This addition is necessary to provide for |
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Section 2 of the bill not to abolish the identified funds. |
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(4) Senate Rules 12.03(1) and (2) are suspended to permit |
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the committee to change and omit text not in disagreement in |
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proposed Section 15 of the bill, in amended Section 403.095(b), |
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Government Code, as follows: |
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(b) Notwithstanding any law dedicating or setting aside |
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revenue for a particular purpose or entity, dedicated revenues |
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that[,] on August 31, 2015 [2013], are estimated to exceed the |
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amount appropriated by the General Appropriations Act or other |
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laws enacted by the 83rd [82nd] Legislature are available for |
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general governmental purposes and are considered available for |
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the purpose of certification under Section 403.121. |
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Explanation: The changes and omissions are necessary to |
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provide for unappropriated dedicated revenues to be made |
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available for general governmental purposes and to be considered |
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available for certification under Section 403.121, Government |
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Code. |
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(5) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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or senate version of the bill in proposed Sections 8, 9, 10, 13, |
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and 14 of the bill to read as follows: |
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SECTION 8. CREATION OF NEW ACCOUNTS FOR LICENSE PLATE |
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FEES. Section 2 of this Act does not apply to a new account |
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created for receipt of fees for special license plates or for |
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receipt of related revenue, gifts, or grants as provided by an |
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Act of the 83rd Legislature, Regular Session, 2013, or to the |
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dedication of revenue to or contained in the new account. |
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SECTION 9. ADDITIONAL USES FOR DEDICATED FUNDS, |
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ACCOUNTS, OR REVENUE. Section 2 of this Act does not apply to a |
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newly authorized dedication of or use of a dedicated fund, a |
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dedicated account, or dedicated revenue as provided by an Act of |
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the 83rd Legislature, Regular Session, 2013, to the extent that |
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Act affects a fund, an account, or revenue that was exempted from |
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funds consolidation before January 1, 2013. A dedicated fund, a |
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dedicated account, or dedicated revenue that was exempted from |
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funds consolidation before January 1, 2013, may be used as an Act |
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of the 83rd Legislature, Regular Session, 2013, provides, and a |
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change in the name or authorized use of a previously exempted |
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dedicated fund or account does not affect the fund's or account's |
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dedicated nature. |
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SECTION 10. ACCOUNTS IN GENERAL REVENUE FUND. Effective |
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on the later of the effective date of the Act creating the account |
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or August 31, 2013, the following account and the revenue |
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deposited to the credit of the account are exempt from Section 2 |
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of this Act and the account is created in the general revenue |
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fund, if created by an Act of the 83rd Legislature, Regular |
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Session, 2013, that becomes law: |
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The statewide electronic filing system fund created |
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as an account in the general revenue fund by Section 51.852, |
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Government Code, as added by House Bill No. 2302 or similar |
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legislation. |
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SECTION 13. MONEY TRANSFERRED ON DISSOLUTION OF TEXAS |
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HEALTH INSURANCE POOL; ACCOUNT. Section 2 of this Act does not |
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apply to the account created in the Texas Treasury Safekeeping |
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Trust Company for the purposes of Section 6 of Senate Bill No. |
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1367 or similar legislation of the 83rd Legislature, Regular |
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Session, 2013, and does not apply to the revenue dedicated for |
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deposit to that account. |
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SECTION 14. DEDICATION OF ASSESSMENTS AND FEES RELATING |
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TO EXAMINATION OF INSURERS. Section 2 of this Act does not apply |
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to the dedication of assessments or fee revenue under Section |
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401.156, Insurance Code, as provided by Senate Bill No. 1665 or |
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similar legislation of the 83rd Legislature, Regular Session, |
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2013. |
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Explanation: These additions are necessary to provide for |
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Section 2 of the bill not to abolish additional uses of funds, |
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accounts, or revenue and not to abolish the identified accounts |
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and dedications of revenue. |
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(6) Senate Rules 12.03(1) and (4) are suspended to permit |
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the committee to change text not in disagreement and to add text |
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on a matter not included in either the house or senate version of |
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the bill in Sections 16(a) and (b) of the bill as follows: |
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SECTION 16. EFFECT OF ACT. (a) This Act prevails over |
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any other Act of the 83rd Legislature, Regular Session, 2013, |
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regardless of the relative dates of enactment, that purports to |
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create or re-create a special fund or account or to dedicate or |
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rededicate revenue to a particular purpose, including any fund, |
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account, or revenue dedication abolished under former Section |
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403.094, Government Code. |
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(b) An exemption from the application of Section 403.095, |
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Government Code, contained in another Act of the 83rd |
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Legislature, Regular Session, 2013, that is exempted from the |
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application of Section 2 of this Act has no effect. |
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Explanation: The changes and additions are necessary to |
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clarify the effect of the bill. |
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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 26, 2013, by the |
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following vote: Yeas 31, Nays 0. |
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_______________________________ |
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Secretary of the Senate |