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AN ACT
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relating to the office of ombudsman for the Department of Family and |
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Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter Y, Chapter 531, |
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Government Code, is amended to read as follows: |
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SUBCHAPTER Y. OMBUDSMAN FOR THE DEPARTMENT OF FAMILY AND |
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PROTECTIVE SERVICES [CHILDREN AND YOUTH IN FOSTER CARE] |
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SECTION 2. Section 531.991(2), Government Code, is amended |
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to read as follows: |
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(2) "Ombudsman" means the individual appointed as the |
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ombudsman for the Department of Family and Protective Services |
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[children and youth in foster care]. |
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SECTION 3. The heading to Section 531.992, Government Code, |
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is amended to read as follows: |
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Sec. 531.992. OMBUDSMAN FOR THE DEPARTMENT OF FAMILY AND |
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PROTECTIVE SERVICES [CHILDREN AND YOUTH IN FOSTER CARE]. |
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SECTION 4. Section 531.992, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) The governor [executive commissioner] shall appoint an |
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ombudsman for the Department of Family and Protective Services |
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[children and youth in foster care] to serve at the will of the |
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governor [executive commissioner]. |
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(d) The ombudsman may not use the name or any logo of the |
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department on any forms or other materials produced and distributed |
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by the ombudsman. |
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SECTION 5. Subchapter Y, Chapter 531, Government Code, is |
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amended by adding Section 531.9921 to read as follows: |
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Sec. 531.9921. CONFLICT OF INTEREST. A person may not serve |
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as ombudsman if the person or the person's spouse: |
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(1) is employed by or participates in the management |
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of a business entity or other organization receiving funds from the |
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department; |
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(2) owns or controls, directly or indirectly, any |
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interest in a business entity or other organization receiving funds |
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from the department; or |
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(3) is required to register as a lobbyist under |
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Chapter 305 because of the person's activities for compensation on |
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behalf of a profession related to the operation of the department. |
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SECTION 6. Section 531.993, Government Code, is amended to |
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read as follows: |
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Sec. 531.993. DUTIES OF OMBUDSMAN. (a) The ombudsman |
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serves as a neutral party in assisting: |
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(1) children and youth in the conservatorship of the |
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department with complaints regarding issues within the authority of |
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the department or another health and human services agency; and |
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(2) persons with a complaint against the department |
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regarding case-specific activities of the programs of the |
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department, including adult protective services, child protective |
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services, child-care licensing, and statewide intake. |
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(b) The ombudsman shall: |
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(1) develop and implement statewide procedures to: |
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(A) receive complaints from children and youth in |
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the conservatorship of the department and other persons with a |
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complaint against the department; |
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(B) review complaints filed with the ombudsman |
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and take appropriate action, including: |
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(i) conducting an investigation into |
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individual complaints that allege violations of department or |
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agency procedure or policy or other violations; and |
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(ii) referring to department or agency |
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management for resolution any trends or systemic issues identified |
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in complaints; |
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(C) provide any necessary assistance to children |
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and youth in the conservatorship of the department in making |
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complaints and reporting allegations of abuse or neglect to the |
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department; |
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(D) maintain the confidentiality of: |
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(i) the ombudsman's communications and |
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records; |
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(ii) records of another person that have |
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been provided to the ombudsman; and |
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(iii) communications of another person with |
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the ombudsman; and |
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(E) ensure that the department and any person or |
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a child or youth in the conservatorship of the department who files |
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a complaint with the ombudsman are informed of the results of the |
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ombudsman's investigation of the complaint, including whether the |
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ombudsman was able to substantiate the person's, child's, or youth's |
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complaint; |
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(2) collaborate with the department to develop and |
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implement an annual outreach plan to promote awareness of the |
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ombudsman among the public, children and youth in the |
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conservatorship of the department, family members and caretakers of |
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those children, and facilities licensed by the department and that |
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includes: |
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(A) how the office may be contacted; |
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(B) the purpose of the office; and |
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(C) the services the office provides; |
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(3) issue and file with the department and any |
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applicable health and human services agency a report that contains |
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the ombudsman's final determination regarding a complaint and any |
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recommended corrective actions to be taken as a result of the |
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complaint; |
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(4) establish a secure form of communication with any |
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individual who files a complaint with the ombudsman; [and] |
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(5) collaborate with the department to identify |
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consequences for any retaliatory action related to a complaint |
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filed with the ombudsman, in accordance with Section 40.0041(g), |
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Human Resources Code; and |
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(6) monitor and evaluate the department's corrective |
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actions taken in response to a recommendation by the ombudsman. |
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(c) The ombudsman's final determination in a report |
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described by Subsection (b)(3) must include a determination of |
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whether there was wrongdoing or negligence by the department or an |
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agent of the department or whether the complaint was frivolous and |
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without merit. If the ombudsman determines there was wrongdoing or |
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negligence, the ombudsman shall recommend corrective actions to be |
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taken by the department. |
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(d) The ombudsman may attend any judicial proceeding |
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related to a complaint filed with the office. |
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SECTION 7. Subchapter Y, Chapter 531, Government Code, is |
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amended by adding Section 531.9931 to read as follows: |
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Sec. 531.9931. DIVISION OF OMBUDSMAN FOR CHILDREN AND YOUTH |
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IN FOSTER CARE. (a) The division of the ombudsman for children and |
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youth in foster care is created within the office of the ombudsman |
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for the purpose of: |
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(1) receiving complaints from children and youth in |
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the conservatorship of the department as provided under Section |
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531.993(a)(1); |
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(2) informing children and youth in the |
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conservatorship of the department who file a complaint under this |
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subchapter about the result of the ombudsman's investigation of the |
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complaint, including whether the ombudsman was able to substantiate |
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the child's or youth's complaint; and |
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(3) collaborating with the department to develop an |
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outreach plan for children and youth in the conservatorship of the |
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department to promote awareness of the ombudsman. |
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(b) If a child or youth in the conservatorship of the |
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department contacts the ombudsman by telephone call to report a |
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complaint under this subchapter, the call shall be transferred |
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directly to a person employed by the division of the ombudsman |
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created under this section. |
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SECTION 8. Subchapter Y, Chapter 531, Government Code, is |
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amended by adding Section 531.9941 to read as follows: |
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Sec. 531.9941. DISPUTES REGARDING FOSTER CHILDREN. (a) A |
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child-placing agency responsible for a foster child may refer a |
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dispute regarding the child's placement or the permanency plan for |
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the child to the ombudsman by filing a complaint with the ombudsman. |
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(b) The complaint filed with the ombudsman must include a |
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clear explanation of the dispute and the requested remedy. |
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(c) The ombudsman shall notify the court with jurisdiction |
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over the child's case of any investigation of a complaint filed |
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under this subchapter. |
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SECTION 9. Section 531.997, Government Code, is amended to |
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read as follows: |
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Sec. 531.997. RETALIATION PROHIBITED. The department or |
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another health and human services agency may not retaliate against |
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a department employee, a child or youth in the conservatorship of |
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the department, or any other person who in good faith makes a |
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complaint to the ombudsman or against any person who cooperates |
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with the ombudsman in an investigation. |
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SECTION 10. Section 531.998(b), Government Code, is amended |
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to read as follows: |
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(b) The report must be submitted to the governor, the |
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lieutenant governor, each standing committee of the legislature |
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with jurisdiction over matters involving the department, each |
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member of the legislature, the executive commissioner, and the |
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commissioner of the department not later than December 1 of each |
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year. On receipt of the report, the department and the commission |
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shall make the report publicly available on the department's and |
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the commission's Internet websites. |
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SECTION 11. As soon as practicable after the effective date |
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of this Act, the commissioner of the Department of Family and |
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Protective Services shall: |
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(1) abolish the office of consumer affairs in the |
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department; and |
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(2) transfer any department funds and resources |
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allocated to the office of consumer affairs to the ombudsman for the |
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Department of Family and Protective Services created under |
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Subchapter Y, Chapter 531, Government Code, as amended by this Act. |
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SECTION 12. This Act takes effect only if a specific |
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appropriation for the implementation of the Act is provided in a |
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general appropriations act of the 85th Legislature. |
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SECTION 13. This Act takes effect September 1, 2017. |
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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. 213 passed the Senate on |
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May 4, 2017, by the following vote: Yeas 31, Nays 0; and that the |
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Senate concurred in House amendment on May 25, 2017, by the |
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following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 213 passed the House, with |
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amendment, on May 19, 2017, by the following vote: Yeas 141, |
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Nays 3, two 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 |