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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 22 (public school |
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accountability) to consider and take action on the following |
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matters: |
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(1) House Rule 13, Section 9(a)(3), is suspended to permit |
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the committee to add text on a matter that is not in disagreement in |
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proposed SECTION 8 of the bill, in added Section 39.053(c-3), |
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Education Code, to read as follows: |
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(c-3) Any standard for improvement determined by the |
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commissioner as described by Subsection (c)(2)(A) must allow for |
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appropriately crediting a student for growth if the student |
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performs at the highest achievement standard in the previous and |
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current school year. |
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Explanation: The addition is necessary to provide an |
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appropriate standard for measuring student growth in performance on |
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assessment instruments. |
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(2) House Rule 13, Section 9(a)(3), is suspended to permit |
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the committee to add text on a matter that is not in disagreement in |
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proposed SECTION 10 of the bill, in amended Section 39.054(a), |
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Education Code, by adding a sentence referencing added Section |
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39.0544, Education Code, to read as follows: |
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(a) The commissioner shall adopt rules to evaluate school |
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district and campus performance and assign each district and campus |
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an overall performance rating of A, B, C, D, or F. In addition to |
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the overall performance rating, the commissioner shall assign each |
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district and campus a separate domain performance rating of A, B, C, |
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D, or F for each domain under Section 39.053(c) [Sections
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39.053(c)(1)-(4)]. An overall or domain performance rating of A |
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reflects exemplary performance. An overall or domain performance |
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rating of B reflects recognized performance. An overall or domain |
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performance rating of C reflects acceptable performance. An |
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overall or domain performance rating of D reflect performance that |
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needs improvement. An overall or domain performance rating of [or] |
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F reflects unacceptable performance. A district may not receive an |
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overall or domain performance rating of A if the district includes |
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any campus with a corresponding overall or domain performance |
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rating of D or F. If a school district has been approved under |
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Section 39.0544 to assign campus performance ratings and the |
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commissioner has not assigned a campus an overall performance |
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rating of D or F, the commissioner shall assign the campus an |
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overall performance rating based on the school district assigned |
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performance rating under Section 39.0544. A reference in law to an |
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acceptable rating or acceptable performance includes an overall or |
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domain performance rating of A, B, [or] C, or D or performance that |
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is exemplary, recognized, or acceptable performance or performance |
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that needs improvement. |
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Explanation: The addition is necessary to incorporate the |
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local accountability system as a component in assigning performance |
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ratings. |
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(3) House Rule 13, Section 9(a)(3), is suspended to permit |
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the committee to add text on a matter that is not in disagreement in |
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proposed SECTION 10 of the bill, in amended Section 39.054(a-2), |
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Education Code, by adding a reference to added Section 39.0544, |
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Education Code, to read as follows: |
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(a-2) The commissioner by rule may [shall] adopt procedures |
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to ensure that a repeated performance rating of D or F or |
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unacceptable in one domain, particularly performance that is not |
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significantly improving, is reflected in the overall performance |
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rating of a district or campus under Section 39.0544 and is not |
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compensated for by a performance rating of A, B, or C in another |
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domain. |
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Explanation: The addition is necessary to provide a |
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reference to the local accountability system. |
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(4) House Rule 13, Sections 9(a)(2) and (4), are suspended |
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to permit the committee to omit text that amended Section 39.0546, |
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Education Code, relating to performance in community and student |
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engagement as a component of district and campus rating, on a matter |
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that is not in disagreement, and add text on a matter that is not |
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included in either the house or senate version of the bill by |
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repealing in SECTION 19 of the bill Section 39.0546, Education |
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Code. |
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Explanation: The change is necessary to repeal Section |
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39.0546, Education Code, which is no longer necessary with the |
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addition of the local accountability system. |
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(5) House Rule 13, Section 9(a)(3), is suspended to permit |
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the committee to add text on a matter that is not in disagreement in |
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proposed SECTION 14 of the bill, in added Section 39.0544, |
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Education Code, to read as follows: |
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Sec. 39.0544. LOCAL ACCOUNTABILITY SYSTEM. (a) The |
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commissioner shall adopt rules regarding the assignment of campus |
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performance ratings by school districts and open-enrollment |
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charter schools. The rules: |
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(1) must require a district or school, in assigning an |
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overall performance rating for a campus, to incorporate: |
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(A) domain performance ratings assigned by the |
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commissioner under Section 39.054; and |
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(B) performance ratings based on locally |
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developed domains or sets of accountability measures; |
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(2) may permit a district or school to assign weights |
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to each domain or set of accountability measures described in |
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Subdivision (1), as determined by the district or school, provided |
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that the domains specified in Subdivision (1)(A) must in the |
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aggregate account for at least 50 percent of the overall |
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performance rating; |
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(3) must require that each locally developed domain or |
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set of accountability measures: |
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(A) contain levels of performance that allow for |
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differentiation, with assigned standards for achieving the |
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differentiated levels; |
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(B) provide for the assignment of a letter grade |
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of A, B, C, D, or F; and |
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(C) meet standards for reliability and validity; |
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(4) must require that calculations for overall |
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performance ratings and each locally developed domain or set of |
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accountability measures be capable of being audited by a third |
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party; |
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(5) must require that a district or school produce a |
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campus score card that may be displayed on the agency's web site; |
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and |
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(6) must require that a district or school develop and |
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make available to the public an explanation of the methodology used |
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to assign performance ratings under this section. |
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(b) The commissioner shall develop a process to approve a |
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request by a school district or open-enrollment charter school to |
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assign campus performance ratings in accordance with this section. |
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Under that process, a district or school must obtain approval of a |
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local accountability plan submitted by the district or school to |
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the agency. A plan may be approved only if: |
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(1) after review, the agency determines the plan meets |
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the minimum requirements under this section and agency rule; |
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(2) at the commissioner's discretion, an audit |
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conducted by the agency verifies the calculations included in the |
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plan; and |
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(3) subject to Subsection (d), a review panel |
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appointed under Subsection (c) approves the plan. |
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(c) The commissioner shall appoint a review panel for |
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purposes of Subsection (b)(3) that includes a majority of members |
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who are superintendents or members of the board of trustees or |
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governing body of school districts or open-enrollment charter |
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schools with approved local accountability plans. |
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(d) The requirement under Subsection (b)(3) applies only |
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after performance ratings are issued in August 2019 and only if at |
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least 10 school districts or open-enrollment charter schools have |
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obtained approval of locally developed accountability plans. |
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(e) A school district or open-enrollment charter school |
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authorized under this section to assign campus performance ratings |
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shall evaluate the performance of each campus as provided by this |
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section and assign each campus a performance rating of A, B, C, D, |
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or F for overall performance and for each locally developed domain |
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or set of accountability measures. Not later than a date |
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established by the commissioner, the district or school shall: |
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(1) report the performance ratings to the agency; and |
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(2) make the performance ratings available to the |
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public as provided by commissioner rule. |
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Explanation: The addition is necessary to provide a method |
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to locally assess performance of campuses by school districts and |
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open-enrollment charter schools. |
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(6) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter that is not included in either |
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the house or senate version of the bill in proposed SECTION 19 of |
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the bill by repealing Section 39.054(c), Education Code, as |
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effective September 1, 2017. |
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Explanation: The addition is necessary to repeal Section |
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39.054(c), Education Code, which is no longer necessary under the |
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modified performance evaluation system. |
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(7) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter that is not included in either |
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the house or senate version of the bill in proposed SECTION 19 of |
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the bill by repealing Section 39.0545, Education Code. |
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Explanation: The addition is necessary to repeal Section |
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39.0545, Education Code, which is no longer necessary with the |
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addition of the local accountability system. |
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(8) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter that is not included in either |
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the house or senate version of the bill in proposed SECTION 20 of |
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the bill to read as follows: |
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SECTION 20. If H.B. 1500, 85th Legislature, Regular |
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Session, 2017, becomes law, that law has no effect. |
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Explanation: The addition is necessary to avoid a conflict |
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in law. |
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Huberty |
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______________________________ |
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Speaker of the House |
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I certify that H.R. No. 2637 was adopted by the House on May |
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28, 2017, by the following vote: Yeas 136, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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