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AN ACT
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relating to the sunset review of river authorities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. SUNSET ACT. Chapter 325, Government Code, is |
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amended by adding Section 325.025 to read as follows: |
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Sec. 325.025. RIVER AUTHORITIES SUBJECT TO REVIEW. (a) A |
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river authority listed in Subsection (b) is subject to a limited |
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review under this chapter as if it were a state agency but may not be |
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abolished. |
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(b) This section applies to the: |
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(1) Angelina and Neches River Authority; |
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(2) Bandera County River Authority and Groundwater |
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District; |
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(3) Brazos River Authority; |
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(4) Central Colorado River Authority; |
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(5) Guadalupe-Blanco River Authority; |
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(6) Lavaca-Navidad River Authority; |
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(7) Lower Colorado River Authority; |
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(8) Lower Neches Valley Authority; |
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(9) Nueces River Authority; |
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(10) Palo Duro River Authority of Texas; |
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(11) Red River Authority of Texas; |
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(12) Sabine River Authority of Texas; |
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(13) San Antonio River Authority; |
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(14) San Jacinto River Authority; |
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(15) Sulphur River Basin Authority; |
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(16) Trinity River Authority of Texas; |
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(17) Upper Colorado River Authority; and |
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(18) Upper Guadalupe River Authority. |
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(c) The limited review under this chapter must assess each |
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river authority's: |
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(1) governance; |
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(2) management; |
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(3) operating structure; and |
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(4) compliance with legislative requirements. |
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(d) A river authority shall pay the cost incurred by the |
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commission in performing a review of the authority under this |
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section. The commission shall determine the cost, and the |
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authority shall pay the amount promptly on receipt of a statement |
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from the commission detailing the cost. |
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(e) A river authority reviewed by the commission under this |
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section may not be required to conduct a management audit under |
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Chapter 292, Title 30, Texas Administrative Code. |
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SECTION 2. ANGELINA AND NECHES RIVER AUTHORITY. Subchapter |
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A, Chapter 8501, Special District Local Laws Code, is amended by |
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adding Section 8501.0015 to read as follows: |
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Sec. 8501.0015. APPLICATION OF SUNSET ACT. (a) The |
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authority is subject to review under Chapter 325, Government Code |
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(Texas Sunset Act), but may not be abolished under that chapter. |
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The review shall be conducted under Section 325.025, Government |
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Code, as if the authority were a state agency scheduled to be |
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abolished September 1, 2023, and every 12th year after that year. |
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(b) The authority shall pay the cost incurred by the Sunset |
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Advisory Commission in performing the review. The Sunset Advisory |
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Commission shall determine the cost, and the authority shall pay |
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the amount promptly on receipt of a statement from the Sunset |
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Advisory Commission detailing the cost. |
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SECTION 3. BANDERA COUNTY RIVER AUTHORITY AND GROUNDWATER |
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DISTRICT. Chapter 629, Acts of the 62nd Legislature, Regular |
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Session, 1971, is amended by adding Section 1A to read as follows: |
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Sec. 1A. (a) The district is subject to review under |
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Chapter 325, Government Code (Texas Sunset Act), but may not be |
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abolished under that chapter. The review shall be conducted under |
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Section 325.025, Government Code, as if the district were a state |
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agency scheduled to be abolished September 1, 2023, and every 12th |
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year after that year. |
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(b) The district shall pay the cost incurred by the Sunset |
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Advisory Commission in performing the review. The Sunset Advisory |
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Commission shall determine the cost, and the district shall pay the |
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amount promptly on receipt of a statement from the Sunset Advisory |
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Commission detailing the cost. |
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SECTION 4. CENTRAL COLORADO RIVER AUTHORITY. Subchapter A, |
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Chapter 8505, Special District Local Laws Code, is amended by |
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adding Section 8505.0021 to read as follows: |
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Sec. 8505.0021. APPLICATION OF SUNSET ACT. (a) The |
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authority is subject to review under Chapter 325, Government Code |
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(Texas Sunset Act), but may not be abolished under that chapter. |
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The review shall be conducted under Section 325.025, Government |
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Code, as if the authority were a state agency scheduled to be |
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abolished September 1, 2017, and every 12th year after that year. |
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(b) The authority shall pay the cost incurred by the Sunset |
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Advisory Commission in performing the review. The Sunset Advisory |
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Commission shall determine the cost, and the authority shall pay |
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the amount promptly on receipt of a statement from the Sunset |
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Advisory Commission detailing the cost. |
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SECTION 5. GUADALUPE-BLANCO RIVER AUTHORITY. Chapter 75, |
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Acts of the 43rd Legislature, 1st Called Session, 1933, is amended |
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by adding Section 1A to read as follows: |
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Sec. 1A. (a) The District is subject to review under |
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Chapter 325, Government Code (Texas Sunset Act), but may not be |
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abolished under that chapter. The review shall be conducted under |
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Section 325.025, Government Code, as if the District were a state |
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agency scheduled to be abolished September 1, 2019, and every 12th |
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year after that year. |
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(b) The District shall pay the cost incurred by the Sunset |
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Advisory Commission in performing the review. The Sunset Advisory |
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Commission shall determine the cost, and the District shall pay the |
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amount promptly on receipt of a statement from the Sunset Advisory |
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Commission detailing the cost. |
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SECTION 6. LAVACA-NAVIDAD RIVER AUTHORITY. Chapter 186, |
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Acts of the 50th Legislature, Regular Session, 1947, is amended by |
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adding Section 1A to read as follows: |
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Sec. 1A. (a) The District is subject to review under |
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Chapter 325, Government Code (Texas Sunset Act), but may not be |
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abolished under that chapter. The review shall be conducted under |
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Section 325.025, Government Code, as if the District were a state |
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agency scheduled to be abolished September 1, 2023, and every 12th |
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year after that year. |
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(b) The District shall pay the cost incurred by the Sunset |
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Advisory Commission in performing the review. The Sunset Advisory |
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Commission shall determine the cost, and the District shall pay the |
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amount promptly on receipt of a statement from the Sunset Advisory |
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Commission detailing the cost. |
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SECTION 7. LOWER COLORADO RIVER AUTHORITY. Chapter 8503, |
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Special District Local Laws Code, is amended by adding Section |
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8503.0021 to read as follows: |
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Sec. 8503.0021. APPLICATION OF SUNSET ACT. (a) The |
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authority is subject to review under Chapter 325, Government Code |
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(Texas Sunset Act), but may not be abolished under that chapter. |
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The review shall not include the management of the generation or |
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transmission of electricity under the wholesale electricity |
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operation of the authority and the authority's affiliated nonprofit |
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corporations. The review shall be conducted under Section 325.025, |
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Government Code, as if the authority were a state agency scheduled |
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to be abolished September 1, 2019, and every 12th year after that |
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year. |
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(b) In anticipation of the sunset review under Subsection |
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(a), based on the results of an audit, including a |
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performance-related audit, conducted by the state auditor before |
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December 1, 2016, the state auditor may make recommendations to the |
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legislature, including whether a review conducted under Subsection |
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(a) should include the financial operation and management of the |
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generation or transmission of electricity under the wholesale |
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electricity operation of the authority and the authority's |
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affiliated nonprofit corporations. |
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(c) The authority shall pay the cost incurred by the Sunset |
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Advisory Commission in performing the review under Subsection (a). |
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The Sunset Advisory Commission shall determine the cost, and the |
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authority shall pay the amount promptly on receipt of a statement |
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from the Sunset Advisory Commission detailing the cost. |
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SECTION 8. LOWER COLORADO RIVER AUTHORITY. Section |
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8503.015, Special District Local Laws Code, is amended to read as |
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follows: |
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Sec. 8503.015. AUDITS [AUDIT]. (a) The authority is |
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subject to the audit provisions of Subchapter G, Chapter 49, Water |
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Code. |
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(b) The authority is subject to the audit provisions of |
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Chapter 321, Government Code. This subsection expires January 1, |
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2017. |
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SECTION 9. LOWER NECHES VALLEY AUTHORITY. Subchapter A, |
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Chapter 8504, Special District Local Laws Code, is amended by |
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adding Section 8504.0021 to read as follows: |
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Sec. 8504.0021. APPLICATION OF SUNSET ACT. (a) The |
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authority is subject to review under Chapter 325, Government Code |
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(Texas Sunset Act), but may not be abolished under that chapter. |
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The review shall be conducted under Section 325.025, Government |
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Code, as if the authority were a state agency scheduled to be |
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abolished September 1, 2021, and every 12th year after that year. |
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(b) The authority shall pay the cost incurred by the Sunset |
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Advisory Commission in performing the review. The Sunset Advisory |
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Commission shall determine the cost, and the authority shall pay |
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the amount promptly on receipt of a statement from the Sunset |
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Advisory Commission detailing the cost. |
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SECTION 10. NUECES RIVER AUTHORITY. Chapter 427, Acts of |
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the 44th Legislature, 1st Called Session, 1935, is amended by |
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adding Section 1.02A to read as follows: |
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Sec. 1.02A. APPLICATION OF SUNSET ACT. (a) The authority |
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is subject to review under Chapter 325, Government Code (Texas |
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Sunset Act), but may not be abolished under that chapter. The |
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review shall be conducted under Section 325.025, Government Code, |
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as if the authority were a state agency scheduled to be abolished |
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September 1, 2019, and every 12th year after that year. |
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(b) The authority shall pay the cost incurred by the Sunset |
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Advisory Commission in performing the review. The Sunset Advisory |
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Commission shall determine the cost, and the authority shall pay |
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the amount promptly on receipt of a statement from the Sunset |
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Advisory Commission detailing the cost. |
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SECTION 11. PALO DURO RIVER AUTHORITY OF TEXAS. Chapter |
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438, Acts of the 63rd Legislature, Regular Session, 1973, is |
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amended by adding Section 1A to read as follows: |
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Sec. 1A. (a) The Authority is subject to review under |
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Chapter 325, Government Code (Texas Sunset Act), but may not be |
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abolished under that chapter. The review shall be conducted under |
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Section 325.025, Government Code, as if the Authority were a state |
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agency scheduled to be abolished September 1, 2017, and every 12th |
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year after that year. |
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(b) The Authority shall pay the cost incurred by the Sunset |
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Advisory Commission in performing the review. The Sunset Advisory |
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Commission shall determine the cost, and the Authority shall pay |
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the amount promptly on receipt of a statement from the Sunset |
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Advisory Commission detailing the cost. |
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SECTION 12. RED RIVER AUTHORITY OF TEXAS. Chapter 279, Acts |
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of the 56th Legislature, Regular Session, 1959, is amended by |
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adding Section 1A to read as follows: |
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Sec. 1A. (a) The Authority is subject to review under |
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Chapter 325, Government Code (Texas Sunset Act), but may not be |
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abolished under that chapter. The review shall be conducted under |
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Section 325.025, Government Code, as if the Authority were a state |
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agency scheduled to be abolished September 1, 2019, and every 12th |
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year after that year. |
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(b) The Authority shall pay the cost incurred by the Sunset |
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Advisory Commission in performing the review. The Sunset Advisory |
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Commission shall determine the cost, and the Authority shall pay |
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the amount promptly on receipt of a statement from the Sunset |
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Advisory Commission detailing the cost. |
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SECTION 13. SABINE RIVER AUTHORITY OF TEXAS. Chapter 110, |
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Acts of the 51st Legislature, Regular Session, 1949, is amended by |
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adding Section 2A to read as follows: |
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Sec. 2A. (a) The district is subject to review under |
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Chapter 325, Government Code (Texas Sunset Act), but may not be |
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abolished under that chapter. The review shall be conducted under |
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Section 325.025, Government Code, as if the district were a state |
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agency scheduled to be abolished September 1, 2021, and every 12th |
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year after that year. |
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(b) The district shall pay the cost incurred by the Sunset |
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Advisory Commission in performing the review. The Sunset Advisory |
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Commission shall determine the cost, and the district shall pay the |
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amount promptly on receipt of a statement from the Sunset Advisory |
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Commission detailing the cost. |
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SECTION 14. BRAZOS RIVER AUTHORITY. Chapter 8502, Special |
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District Local Laws Code, is amended by adding Section 8502.0021 to |
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read as follows: |
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Sec. 8502.0021. APPLICATION OF SUNSET ACT. (a) The |
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authority is subject to review under Chapter 325, Government Code |
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(Texas Sunset Act), but may not be abolished under that chapter. |
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The review shall be conducted under Section 325.025, Government |
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Code, as if the authority were a state agency scheduled to be |
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abolished September 1, 2021, and every 12th year after that year. |
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(b) The authority shall pay the cost incurred by the Sunset |
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Advisory Commission in performing the review. The Sunset Advisory |
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Commission shall determine the cost, and the authority shall pay |
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the amount promptly on receipt of a statement from the Sunset |
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Advisory Commission detailing the cost. |
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SECTION 15. SAN ANTONIO RIVER AUTHORITY. Chapter 276, Acts |
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of the 45th Legislature, Regular Session, 1937, is amended by |
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adding Section 1-a to read as follows: |
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Sec. 1-a. APPLICATION OF SUNSET ACT. (a) The District is |
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subject to review under Chapter 325, Government Code (Texas Sunset |
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Act), but may not be abolished under that chapter. The review shall |
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be conducted under Section 325.025, Government Code, as if the |
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District were a state agency scheduled to be abolished September 1, |
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2023, and every 12th year after that year. |
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(b) The District shall pay the cost incurred by the Sunset |
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Advisory Commission in performing the review. The Sunset Advisory |
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Commission shall determine the cost, and the District shall pay the |
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amount promptly on receipt of a statement from the Sunset Advisory |
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Commission detailing the cost. |
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SECTION 16. SAN JACINTO RIVER AUTHORITY. Chapter 426, Acts |
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of the 45th Legislature, Regular Session, 1937, is amended by |
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adding Section 1A to read as follows: |
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Sec. 1A. (a) The District is subject to review under |
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Chapter 325, Government Code (Texas Sunset Act), but may not be |
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abolished under that chapter. The review shall be conducted under |
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Section 325.025, Government Code, as if the District were a state |
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agency scheduled to be abolished September 1, 2021, and every 12th |
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year after that year. |
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(b) The District shall pay the cost incurred by the Sunset |
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Advisory Commission in performing the review. The Sunset Advisory |
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Commission shall determine the cost, and the District shall pay the |
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amount promptly on receipt of a statement from the Sunset Advisory |
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Commission detailing the cost. |
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SECTION 17. SULPHUR RIVER BASIN AUTHORITY. Sections 1A(a) |
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and (c), Chapter 3, Acts of the 69th Legislature, 1st Called |
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Session, 1985, are amended to read as follows: |
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(a) The authority is subject to review under Chapter 325, |
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Government Code (Texas Sunset Act), but may not be abolished under |
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that chapter [as if it were a state agency]. The review shall be |
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conducted under Section 325.025, Government Code, as if the |
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authority were a state agency scheduled to be abolished September |
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1, 2017, and every 12th year after that year [Unless the authority
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is continued in existence, the authority is abolished and this Act
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expires September 1, 2017]. |
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(c) The authority shall pay the costs incurred by the Sunset |
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Advisory Commission in performing the [a] review [of the authority
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under this section]. The Sunset Advisory Commission shall |
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determine the costs, and the authority shall pay the amount |
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promptly on receipt of a statement from the Sunset Advisory |
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Commission detailing the costs. |
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SECTION 18. TRINITY RIVER AUTHORITY OF TEXAS. Chapter 518, |
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Acts of the 54th Legislature, Regular Session, 1955, is amended by |
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adding Section 1A to read as follows: |
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Sec. 1A. (a) The Authority is subject to review under |
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Chapter 325, Government Code (Texas Sunset Act), but may not be |
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abolished under that chapter. The review shall be conducted under |
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Section 325.025, Government Code, as if the Authority were a state |
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agency scheduled to be abolished September 1, 2023, and every 12th |
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year after that year. |
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(b) The Authority shall pay the cost incurred by the Sunset |
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Advisory Commission in performing the review. The Sunset Advisory |
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Commission shall determine the cost, and the Authority shall pay |
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the amount promptly on receipt of a statement from the Sunset |
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Advisory Commission detailing the cost. |
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SECTION 19. UPPER COLORADO RIVER AUTHORITY. Chapter 126, |
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General Laws, Acts of the 44th Legislature, Regular Session, 1935, |
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is amended by adding Section 1A to read as follows: |
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Sec. 1A. (a) The District is subject to review under |
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Chapter 325, Government Code (Texas Sunset Act), but may not be |
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abolished under that chapter. The review shall be conducted under |
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Section 325.025, Government Code, as if the District were a state |
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agency scheduled to be abolished September 1, 2017, and every 12th |
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year after that year. |
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(b) The District shall pay the cost incurred by the Sunset |
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Advisory Commission in performing the review. The Sunset Advisory |
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Commission shall determine the cost, and the District shall pay the |
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amount promptly on receipt of a statement from the Sunset Advisory |
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Commission detailing the cost. |
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SECTION 20. UPPER GUADALUPE RIVER AUTHORITY. Chapter 5, |
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page 1062, Special Laws, Acts of the 46th Legislature, Regular |
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Session, 1939, is amended by adding Section 1A to read as follows: |
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Sec. 1A. (a) The District is subject to review under |
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Chapter 325, Government Code (Texas Sunset Act), but may not be |
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abolished under that chapter. The review shall be conducted under |
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Section 325.025, Government Code, as if the District were a state |
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agency scheduled to be abolished September 1, 2021, and every 12th |
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year after that year. |
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(b) The District shall pay the cost incurred by the Sunset |
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Advisory Commission in performing the review. The Sunset Advisory |
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Commission shall determine the cost, and the District shall pay the |
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amount promptly on receipt of a statement from the Sunset Advisory |
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Commission detailing the cost. |
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SECTION 21. REPEALER. Sections 1A(b) and (d), Chapter 3, |
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Acts of the 69th Legislature, 1st Called Session, 1985, are |
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repealed. |
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SECTION 22. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2015. |
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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. 523 passed the Senate on |
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April 9, 2015, by the following vote: Yeas 31, Nays 0; |
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May 27, 2015, Senate refused to concur in House amendment and |
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requested appointment of Conference Committee; May 28, 2015, House |
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granted request of the Senate; May 30, 2015, Senate adopted |
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Conference Committee Report by the following vote: Yeas 31, |
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Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 523 passed the House, with |
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amendment, on May 23, 2015, by the following vote: Yeas 139, |
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Nays 1, two present not voting; May 28, 2015, House granted request |
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of the Senate for appointment of Conference Committee; |
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May 31, 2015, House adopted Conference Committee Report by the |
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following vote: Yeas 141, Nays 2, 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 |