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AN ACT
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relating to agreements between certain sheriffs and the United |
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States Immigration and Customs Enforcement to enforce federal |
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immigration law and a grant program to cover the costs of |
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implementing those agreements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 7, Government Code, is amended by adding |
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Chapter 753 to read as follows: |
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CHAPTER 753. IMMIGRATION LAW ENFORCEMENT AGREEMENTS BETWEEN |
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CERTAIN SHERIFFS AND FEDERAL GOVERNMENT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 753.001. DEFINITIONS. In this chapter: |
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(1) "Immigration enforcement agency" means the United |
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States Immigration and Customs Enforcement. |
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(2) "Immigration law enforcement agreement" means a |
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written agreement between a state or local law enforcement official |
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and the immigration enforcement agency under Section 287(g), |
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Immigration and Nationality Act (8 U.S.C. Section 1357(g)), or a |
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similar federal program, that authorizes the official and the |
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official's officers, employees, and contractors to enforce federal |
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immigration law. |
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(3) "Grant" means a grant under the grant program |
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established under Subchapter C. |
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Sec. 753.002. GIFTS, GRANTS, AND DONATIONS. (a) The |
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comptroller may accept gifts, grants, and donations to establish |
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and administer the grant program established under Subchapter C. |
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(b) The comptroller shall make publicly available on the |
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comptroller's Internet website the source of any gifts, grants, and |
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donations that were given to the comptroller specifically for the |
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implementation of the grant program established under Subchapter C. |
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SUBCHAPTER B. IMMIGRATION LAW ENFORCEMENT AGREEMENTS REQUIRED |
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Sec. 753.051. IMMIGRATION LAW ENFORCEMENT AGREEMENTS. (a) |
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The sheriff of each county that operates a jail or contracts with a |
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private vendor to operate a jail shall request and enter into an |
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immigration law enforcement agreement to authorize the sheriff and |
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officers, employees, and, as applicable, contractors of the |
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sheriff's department to enforce federal immigration law. |
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(b) A sheriff who requested but did not enter into an |
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immigration law enforcement agreement under this section shall make |
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additional requests to enter into an agreement under this section |
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at least once annually after each request is made. |
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Sec. 753.052. IMMIGRATION LAW ENFORCEMENT AGREEMENT |
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REQUIREMENTS. An agreement entered into under Section 753.051 must |
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include the scope, duration, and limitations of the authority to |
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enforce federal immigration law. |
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Sec. 753.053. ALLOCATION OF RESOURCES. A sheriff who |
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enters into an agreement under Section 753.051 shall allocate the |
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necessary resources, including personnel and funding, to ensure the |
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proper implementation of the agreement, including the resources |
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necessary to meet any reasonable objectives for enforcement set |
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forth in the agreement. |
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SUBCHAPTER C. GRANT PROGRAM |
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Sec. 753.101. ESTABLISHMENT AND ADMINISTRATION. From any |
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money appropriated or otherwise available for this purpose, the |
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comptroller shall establish and administer a grant program to |
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support the state purpose of assisting sheriffs participating in |
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immigration law enforcement agreements under Section 753.051. |
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Sec. 753.102. ELIGIBILITY AND APPLICATION. (a) A sheriff |
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is eligible to apply for a grant under this subchapter if the |
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sheriff has entered into an immigration law enforcement agreement |
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under Section 753.051. |
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(b) The comptroller by rule may require an applicant to |
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submit information or documentation with respect to a grant |
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application submitted under this section. |
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Sec. 753.103. AWARD; LIMITATIONS ON USE. (a) On approval |
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of an application submitted under Section 753.102 and using money |
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appropriated to the comptroller or otherwise available for this |
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purpose, the comptroller shall award a grant to an eligible sheriff |
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who applies for the grant as provided by Subsection (b). |
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(b) The amount of grant money awarded to a sheriff must be |
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determined based on the population of the county the sheriff serves |
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according to the following tiers: |
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(1) $80,000 for a county with a population of 99,999 or |
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less; |
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(2) $100,000 for a county with a population of at least |
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100,000 but not more than 499,999; |
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(3) $120,000 for a county with a population of at least |
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500,000 but not more than 999,999; and |
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(4) $140,000 for a county with a population of at least |
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one million. |
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(c) A sheriff who is awarded a grant under this section must |
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use the grant money to pay the costs associated with participating |
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in the agreement that is the subject of the grant that are not |
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reimbursed by the federal government. Grant money may be spent over |
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a two-year period only on the following: |
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(1) compensation for persons performing duties under |
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the agreement; |
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(2) generating and delivering reports required by the |
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agreement, including administrative duties required by this |
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subchapter; |
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(3) equipment and related services for peace officers |
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and other persons related to the agreement, including the cost of |
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repairing or replacing equipment required, but not provided, under |
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the agreement; |
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(4) attendance by a person at any training or other |
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event required under the agreement; |
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(5) costs to the county for confining inmates under |
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the authority granted under the agreement; and |
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(6) other expenses associated with participating in |
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the agreement as determined by the comptroller. |
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Sec. 753.104. COMPTROLLER POWERS AND DUTIES. The |
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comptroller shall adopt rules necessary to implement the grant |
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program established under this subchapter, including rules that |
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establish: |
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(1) a standardized application process, including the |
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form to be used to apply for a grant and the manner of submitting the |
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form; |
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(2) deadlines for: |
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(A) applying for the grant; |
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(B) submitting detailed documentation necessary |
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to demonstrate the sheriff's costs in participating in the |
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agreement that is the subject of the grant at least annually; |
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(C) distributing grant money; and |
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(D) spending grant money; and |
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(3) procedures for: |
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(A) monitoring the distribution of grant money to |
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ensure compliance with this subchapter; and |
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(B) returning grant money that was not used by a |
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sheriff for a purpose authorized by this subchapter. |
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Sec. 753.105. EFFECT ON COUNTY APPROPRIATIONS. In relation |
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to money received from a grant awarded to a sheriff under this |
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subchapter, the commissioners court of the county the sheriff |
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serves may not reduce the appropriation to the sheriff's department |
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in response to the sheriff receiving the grant. |
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SUBCHAPTER D. REPORTING AND ENFORCEMENT |
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Sec. 753.151. REPORTING AND ACCOUNTABILITY. Not later than |
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April 1 of each even-numbered year, the comptroller shall prepare a |
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written report on sheriffs participating in immigration law |
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enforcement agreements under Section 753.051 using information |
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provided to the comptroller under Subchapter C and Section 753.152 |
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and submit the report to the governor, lieutenant governor, and |
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speaker of the house of representatives. The report must include: |
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(1) details on the grant program established under |
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Subchapter C, including the number of sheriffs participating and |
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total amount of money distributed; and |
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(2) a summary of any enforcement actions taken by the |
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attorney general under Section 753.154. |
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Sec. 753.152. COMMISSION ON JAIL STANDARDS REPORT. The |
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Commission on Jail Standards shall annually submit to the |
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comptroller a copy of the reports received under Section 511.0101. |
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Sec. 753.153. SHERIFF REPORT ON ATTEMPT TO ENTER INTO |
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AGREEMENT. The sheriff of a county that operates a jail or |
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contracts with a private vendor to operate a jail who has not |
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entered into an agreement under Section 753.051 shall annually |
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provide proof to the attorney general of the sheriff's attempt to |
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enter into the agreement. |
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Sec. 753.154. ENFORCEMENT BY ATTORNEY GENERAL. (a) The |
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attorney general may bring an action against a sheriff who fails to |
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comply with this chapter in a district court for appropriate |
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equitable relief. |
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(b) The attorney general may recover reasonable expenses |
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incurred in obtaining relief under Subsection (a), including court |
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costs, reasonable attorney's fees, investigative costs, witness |
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fees, and deposition costs. |
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(c) An action brought against a sheriff under this section |
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must be brought in a district court for the county served by the |
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sheriff. |
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SECTION 2. Not later than December 1, 2026, the sheriff of |
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each county shall comply with Section 753.051(a), Government Code, |
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as added by this Act. |
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SECTION 3. A grant awarded to a sheriff under Subchapter C, |
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Chapter 753, Government Code, as added by this Act, may cover any |
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costs associated with participating in an agreement described by |
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Section 753.051, Government Code, as added by this Act, that were |
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incurred by the sheriff between September 30, 2025, and January 1, |
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2026. |
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SECTION 4. Except as otherwise provided by this Act, this |
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Act takes effect January 1, 2026. |
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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. 8 passed the Senate on |
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April 1, 2025, by the following vote: Yeas 20, Nays 11; |
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May 28, 2025, Senate refused to concur in House amendments and |
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requested appointment of Conference Committee; May 29, 2025, House |
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granted request of the Senate; May 31, 2025, Senate adopted |
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Conference Committee Report by the following vote: Yeas 20, |
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Nays 11. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 8 passed the House, with |
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amendments, on May 25, 2025, by the following vote: Yeas 86, |
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Nays 47, one present not voting; May 29, 2025, House granted |
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request of the Senate for appointment of Conference Committee; |
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June 1, 2025, House adopted Conference Committee Report by the |
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following vote: Yeas 89, Nays 52, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |