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R E S O L U T I O N
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BE IT RESOLVED by the House of Representatives of the State of |
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Texas, 85th Legislature, Regular Session, 2017, That House Rule 13, |
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Section 9(a), be suspended in part as provided by House Rule 13, |
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Section 9(f), to enable the conference committee appointed to |
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resolve the differences on House Bill 4345 (the creation of the Rio |
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de Vida Municipal Utility District No. 1; providing authority to |
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impose a tax and issue bonds) to consider and take action on the |
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following matter: |
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(1) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter not included in either the |
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house or senate version of the bill by adding ARTICLE 2 to the bill |
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to read as follows: |
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ARTICLE 2. SOUTHWESTERN TRAVIS COUNTY |
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GROUNDWATER CONSERVATION DISTRICT |
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SECTION 2.01. The legislature finds that: |
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(1) creation of the Southwestern Travis County |
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Groundwater Conservation District: |
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(A) is consistent with the state's preferred |
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method of groundwater management; |
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(B) will protect property rights, balance the |
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development and conservation of groundwater with the needs of this |
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state, and use the best available science in the area of groundwater |
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through rules developed, adopted, and promulgated by the district |
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in accordance with the provisions of Chapter 8871, Special District |
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Local Laws Code, as added by this article; and |
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(C) will be a benefit to the land in the district |
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and a public benefit and utility; |
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(2) the district is created to: |
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(A) protect the interests of private property |
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ownership while balancing the interests of all property owners in |
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the district; |
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(B) manage groundwater resources; and |
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(C) protect the groundwater in the district; |
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(3) although a property owner of land in the district |
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is not entitled to an equal amount of water as another property |
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owner of land in the district, a property owner does have a vested |
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ownership interest in the groundwater beneath the owner's property, |
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and the district shall recognize that ownership interest; and |
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(4) the Southwestern Travis County Groundwater |
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Conservation District is not created to prohibit or restrict |
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development of private property in the district. |
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SECTION 2.02. Subtitle H, Title 6, Special District Local |
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Laws Code, is amended by adding Chapter 8871 to read as follows: |
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CHAPTER 8871. SOUTHWESTERN TRAVIS COUNTY GROUNDWATER CONSERVATION |
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DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8871.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Southwestern Travis County |
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Groundwater Conservation District. |
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Sec. 8871.002. NATURE OF DISTRICT. The district is a |
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groundwater conservation district in Travis County created under |
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and essential to accomplish the purposes of Section 59, Article |
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XVI, Texas Constitution. |
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Sec. 8871.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The |
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district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the works and projects accomplished by the |
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district under the powers conferred by Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8871.004. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2.03 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2.03 |
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of the Act enacting this chapter form a closure. A mistake made in |
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the field notes or in copying the field notes in the legislative |
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process does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; or |
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(3) legality or operation. |
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SUBCHAPTER B. TEMPORARY AND INITIAL DIRECTORS |
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Sec. 8871.021. APPOINTMENT OF TEMPORARY DIRECTORS; |
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VACANCIES; TERMS. (a) Seven persons who reside in the district |
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shall be appointed as temporary directors not later than the 90th |
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day after the effective date of the article of the Act creating this |
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chapter as follows: |
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(1) the county judge of Travis County shall appoint |
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one temporary director; |
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(2) the county commissioner for the county |
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commissioners precinct in which the district is principally located |
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shall appoint two temporary directors; |
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(3) the state representative who represents the house |
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district in which the district is principally located shall appoint |
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two temporary directors; and |
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(4) the state senator who represents the senate |
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district in which the district is principally located shall appoint |
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two temporary directors. |
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(b) If a temporary director fails to qualify for office or a |
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vacancy occurs on the temporary board, the remaining temporary |
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directors shall appoint a person to fill the vacancy. If at any |
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time there are fewer than four temporary directors, the state |
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representative under Subsection (a)(3) shall appoint the necessary |
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number of persons to fill all vacancies on the board. |
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(c) Temporary directors serve until the date initial |
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directors are elected at an election held under Section 8871.024. |
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Sec. 8871.022. ORGANIZATIONAL MEETING. (a) Not later than |
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the 45th day after the date on which the seventh temporary director |
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is appointed under Section 8871.021, the temporary directors shall |
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hold the organizational meeting of the district. |
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(b) The temporary directors shall select from among |
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themselves a president, a vice president, and a secretary. |
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Sec. 8871.023. AUTHORITY OF TEMPORARY DIRECTORS. (a) |
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Except as provided by Subsections (c) and (d) or as otherwise |
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provided by this subchapter, the temporary directors of the |
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district have the same permitting and general management powers as |
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those provided for initial and permanent directors under this |
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chapter and Chapter 36, Water Code. |
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(b) The temporary directors or their designees have the |
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authority to enter any public or private property located in the |
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district to inspect a water well that is not exempt under Section |
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8871.103, as provided by Section 36.123, Water Code. |
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(c) Except as provided by Section 8871.024, the temporary |
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directors do not have the authority granted by the following |
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provisions of Chapter 36, Water Code: |
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(1) Sections 36.017, 36.019, 36.020, and 36.059; |
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(2) Sections 36.105, 36.1071, 36.1072, 36.1073, and |
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36.108; |
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(3) Sections 36.171-36.181; |
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(4) Sections 36.201-36.204; and |
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(5) Subchapters J and K. |
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(d) The temporary directors may regulate the transfer of |
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groundwater out of the district as provided by Section 36.122, |
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Water Code, but may not prohibit the transfer of groundwater out of |
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the district. |
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Sec. 8871.024. CONFIRMATION AND INITIAL DIRECTORS' |
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ELECTION. (a) The temporary directors shall order an election in |
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the district, to be held not later than the uniform election date in |
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May 2018, to confirm the creation of the district and to elect the |
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initial directors. |
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(b) At the election held under this section, the temporary |
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board shall have placed on the ballot the names of the candidates |
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who are eligible under Section 8871.051 for each of the seven |
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positions on the board. |
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(c) Section 41.001(a), Election Code, applies to an |
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election held under this section. |
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(d) Except as provided by this section, an election held |
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under this section must be conducted as provided by the Election |
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Code and Sections 36.017, 36.018, and 36.019, Water Code. The |
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following provisions of the Water Code do not apply to an election |
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under this section: |
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(1) Section 36.017(a); |
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(2) the provision of Section 36.017(d) governing |
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ballot provisions for the election of permanent directors; and |
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(3) Section 36.059(b). |
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(e) If the district's creation is not confirmed at an |
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election held under Subsection (a), the candidate who receives a |
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majority of the votes cast at that election for each of the seven |
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positions on the board becomes a temporary director of the |
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district. The temporary directors elected under this subsection |
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shall order a subsequent election to be held to confirm the creation |
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of the district and to elect the initial directors not earlier than |
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the uniform election date in May 2020. |
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(f) Temporary directors elected under Subsection (e) serve |
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until: |
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(1) the date initial directors are elected at the |
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subsequent election ordered under Subsection (e) if the creation of |
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the district is confirmed; or |
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(2) the fourth anniversary of the date of the election |
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held under Subsection (a) if the creation of the district is not |
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confirmed. |
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(g) The vacancy provision of Section 8871.021, and Section |
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8871.023, apply to the temporary directors elected under Subsection |
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(e). |
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Sec. 8871.025. INITIAL DIRECTORS. (a) Promptly after an |
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election has been held under Section 8871.024 and the votes have |
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been canvassed, if the creation of the district is confirmed, the |
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temporary directors shall: |
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(1) declare for each board position the person who |
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receives the most votes for that position to be elected as the |
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initial director for that position; and |
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(2) include the results of the initial directors' |
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election in the district's election report to the commission. |
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(b) The initial directors shall draw lots to determine which |
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three initial directors serve two-year terms and which four initial |
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directors serve four-year terms. |
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SUBCHAPTER C. BOARD OF DIRECTORS |
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Sec. 8871.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of seven directors. |
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(b) Directors elected after the election held under Section |
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8871.024 serve four-year terms. |
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(c) The directors are elected as follows: |
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(1) one director must reside in the corporate limits |
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of the City of Bee Cave and be elected by voters residing in the City |
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of Bee Cave; |
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(2) one director must reside in the corporate limits |
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of the City of Lakeway or Village of the Hills and be elected by |
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voters residing in the City of Lakeway and Village of the Hills; |
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(3) one director must reside in the corporate limits |
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of the City of West Lake Hills and be elected by voters residing in |
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the City of West Lake Hills; and |
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(4) four directors must: |
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(A) reside inside the district and outside the |
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corporate limits of the City of Bee Cave, City of Lakeway, Village |
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of the Hills, and City of West Lake Hills; |
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(B) be elected by voters residing inside the |
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district and outside the corporate limits of the City of Bee Cave, |
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City of Lakeway, Village of the Hills, and City of West Lake Hills; |
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and |
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(C) each use groundwater as a source of water |
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supply for one or more beneficial uses at their respective |
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residences. |
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SUBCHAPTER D. POWERS AND DUTIES |
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Sec. 8871.101. GROUNDWATER CONSERVATION DISTRICT POWERS |
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AND DUTIES. Except as otherwise provided by this chapter, the |
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district has the powers and duties provided by the general law of |
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this state, including Chapter 36, Water Code, applicable to |
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groundwater conservation districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8871.102. AQUIFER STORAGE AND RECOVERY PROJECTS. The |
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district may implement and develop aquifer storage and recovery |
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projects in accordance with: |
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(1) Chapters 27 and 36, Water Code; and |
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(2) commission rules and guidance. |
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Sec. 8871.103. EXEMPT WELLS. (a) Groundwater withdrawals |
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from the following wells may not be regulated, permitted, or |
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metered by the district: |
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(1) a well used for domestic use by a single private |
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residential household and incapable of producing more than 10,000 |
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gallons per day; and |
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(2) a well used solely for domestic use or for |
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providing water for livestock or poultry if the well is: |
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(A) located or to be located on a tract of land |
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larger than 10 acres; and |
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(B) drilled, completed, or equipped so that it is |
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incapable of producing more than 25,000 gallons of groundwater a |
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day. |
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(b) The district may not charge or collect a well |
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construction fee for a well described by Subsection (a)(2). |
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(c) A well used for dewatering and monitoring in the |
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production of coal or lignite is exempt from permit requirements, |
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regulations, and fees imposed by the district. |
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Sec. 8871.104. PERMIT REQUIRED. A well owner must obtain a |
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permit and pay any required fees, including a well construction |
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fee, before using any groundwater withdrawn from a well for |
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purposes other than those exempted by Section 8871.103. |
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Sec. 8871.105. ACCESS TO PROPERTY. (a) Subject to |
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Subsection (b), an employee or agent of the district is entitled to |
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enter public or private property in the district at any reasonable |
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time to: |
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(1) inspect an exempt well; |
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(2) inspect and investigate conditions relating to the |
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quality of water in the state; and |
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(3) monitor compliance with any rule, regulation, |
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permit, or other order of the district. |
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(b) An employee or agent of the district must obtain the |
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permission of the property owner before entering public or private |
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property. |
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(c) If any employee or agent of the district is refused the |
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right to enter public or private property in the district under this |
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section, the district may seek a court order from a district court |
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authorizing the district to enter the land. |
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(d) An employee or agent who enters private property under |
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this section shall: |
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(1) observe the property's rules and regulations, if |
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any, concerning safety, internal security, and fire protection; |
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(2) notify management or a person in charge of the |
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presence of the employee or agent; and |
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(3) exhibit proper credentials. |
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Sec. 8871.106. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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SUBCHAPTER E. FINANCIAL PROVISIONS |
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Sec. 8871.151. WELL CONSTRUCTION FEE. The district may |
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charge and collect a new well construction fee not to exceed $1,000 |
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for a new well. |
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Sec. 8871.152. PERMIT RENEWAL APPLICATION FEE. The |
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district may charge and collect a permit renewal application fee |
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not to exceed $400. |
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Sec. 8871.153. SERVICE CONNECTION FEE. (a) This section |
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does not apply to a water utility that has surface water as its sole |
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source of water. |
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(b) The district may levy and collect a water utility |
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service connection fee not to exceed $1,000 for each new water |
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service connection made after September 1, 2017. |
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Sec. 8871.154. PRODUCTION FEE. The district may impose |
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reasonable production fees on each well that is not exempt from |
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permitting under Section 8871.103 based on the amount of water |
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actually withdrawn from the well. The district may not impose a |
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production fee under this section in an amount greater than 20 cents |
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per thousand gallons. |
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Sec. 8871.155. ADMINISTRATIVE MANAGEMENT FEE. The district |
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may set a reasonable fee for administrative management on a per well |
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basis. The district may set a fee for administrative management on |
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a well that is exempt from permitting in an amount not greater than |
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$40 per well, per year. |
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Sec. 8871.156. CERTAIN FEES PROHIBITED. The district may |
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not charge a fee under Section 36.205(b), (c), or (f), Water Code. |
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Sec. 8871.157. LIMITATION ON AUTHORITY TO IMPOSE TAXES. |
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The district does not have the authority granted by Sections 36.020 |
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and 36.201-36.204, Water Code, relating to taxes. |
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SECTION 2.03. The Southwestern Travis County Groundwater |
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Conservation District initially includes all the territory |
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contained in the following area: |
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THE TERRITORY OF THE SOUTHWEST TRAVIS COUNTY PORTION OF THE |
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HILL COUNTRY PRIORITY GROUNDWATER MANAGEMENT AREA - AS DESCRIBED BY |
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2010 TCEQ REPORT; "The southwestern Travis territory is located in |
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the southwestern quarter of Travis County. The southwestern Travis |
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territory is bound to the west by Blanco and Burnet counties, |
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southwest by Hays County, and southeast by the northwestern |
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boundary of the Barton Springs/Edwards Aquifer Conservation |
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District (BS/EACD). The northern boundary of the southwestern |
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Travis territory is the Colorado River (Lake Travis, Lake Austin, |
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and Lady Bird Lake)." |
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SECTION 2.04. (a) The legal notice of the intention to |
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introduce this article of this Act, setting forth the general |
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substance of this article of this Act, has been published as |
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provided by law, and the notice and a copy of this article of this |
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Act have been furnished to all persons, agencies, officials, or |
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entities to which they are required to be furnished under Section |
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59, Article XVI, Texas Constitution, and Chapter 313, Government |
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Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and this article of this Act to the Texas |
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Commission on Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this article of this Act with the |
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governor, the lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this article of this Act |
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are fulfilled and accomplished. |
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SECTION 2.05. This article takes effect September 1, 2017. |
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Explanation: The change is necessary to create the |
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Southwestern Travis County Groundwater Conservation District and |
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provide the district the ability to issue bonds and impose fees. |
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(2) House Rule 13, Section 9(a)(1), is suspended to permit |
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the committee to amend text not in disagreement in proposed SECTION |
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1.01 of the bill, in proposed Sections 8013.006, 8013.053, and |
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8013.153, Special District Local Laws Code, in proposed SECTION |
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1.03 of the bill, in the provision regarding legal notice and other |
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requirements, and in SECTION 1.04 of the bill, in the effective date |
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provision, by renumbering references to SECTION 2 of the bill as |
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SECTION 1.02 and changing references to "this Act" to "this article |
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of this Act". |
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EXPLANATION: This change is necessary to accommodate the |
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addition of a second article to the Act. |
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Rodriguez of Travis |
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______________________________ |
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Speaker of the House |
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I certify that H.R. No. 2622 was adopted by the House on May |
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28, 2017, by the following vote: Yeas 145, Nays 0, 3 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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