| � |
| � |
| � |
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�
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�
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relating to the confidentiality of home address information of |
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certain public officials and their spouses and to the immunity from |
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|
liability of certain agencies. |
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|
�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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|
�������SECTION�1.��Subchapter A, Chapter 13, Election Code, is |
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�
|
amended by adding Section 13.0021 to read as follows: |
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�������Sec.�13.0021.��ADDITIONAL REGISTRATION INFORMATION FROM |
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�
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CERTAIN FEDERAL AND STATE JUDGES. �(a) In this section: |
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|
�������������(1)��"Federal judge" means: |
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|
�������������������(A)��a judge, former judge, or retired judge of a |
|
�
|
United States court of appeals; |
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�
|
�������������������(B)��a judge, former judge, or retired judge of a |
|
�
|
United States district court; |
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�
|
�������������������(C)��a judge, former judge, or retired judge of a |
|
�
|
United States bankruptcy court; or |
|
�
|
�������������������(D)��a magistrate judge, former magistrate judge, |
|
�
|
or retired magistrate judge of a United States district court. |
|
�
|
�������������(2)��"State judge" means: |
|
�
|
�������������������(A)��a judge, former judge, or retired judge of an |
|
�
|
appellate court, a district court, or a county court at law of this |
|
�
|
state; or |
|
�
|
�������������������(B)��an associate judge appointed under Chapter |
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�
|
201, Family Code, or a retired associate judge or former associate |
|
�
|
judge appointed under that chapter. |
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|
�������(b)��If the registration applicant is a federal judge or |
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�
|
state judge who seeks to have the applicant's residence address |
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|
omitted from the registration list, the applicant shall include |
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�
|
with the application an affidavit stating that the applicant is a |
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�
|
federal judge or state judge. |
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�
|
�������SECTION�2.��Section 13.004, Election Code, is amended by |
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�
|
amending Subsections (c) and (d) and adding Subsection (c-1) to |
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�
|
read as follows: |
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|
�������(c)��The following information furnished on a registration |
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|
application is confidential and does not constitute public |
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|
information for purposes of Chapter 552, Government Code: |
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|
�������������(1)��a�[A] social security number; |
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�������������(2)��a�[,] Texas driver's license number; |
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|
�������������(3)��a�[,] number of a personal identification card |
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�
|
issued by the Department of Public Safety; |
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�������������(4)�[, or]��an indication that an applicant is |
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�
|
interested in working as an election judge; or |
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�
|
�������������(5)��the residence address of the applicant, if the |
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�
|
applicant is a federal judge or state judge, as defined by Section |
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�
|
13.0021, and included an affidavit with the registration |
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�
|
application under Section 13.0021 or the registrar has received an |
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�
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affidavit submitted under Section 15.0215 [furnished on a
|
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�
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registration application is confidential and does not constitute
|
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�
|
public information for purposes of Chapter 552, Government Code]. |
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|
�������(c-1)��The registrar shall ensure that the information |
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�
|
listed in Subsection (c) [a social security number, Texas driver's
|
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�
|
license number, number of a personal identification card issued by
|
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�
|
the Department of Public Safety, or an indication that an applicant
|
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�
|
is interested in working as an election judge] is excluded from |
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�
|
disclosure. |
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|
�������(d)��The voter registrar or other county official who has |
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�
|
access to the information furnished on a registration application |
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�
|
may not post the following information on a website: |
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�
|
�������������(1)��a telephone number; |
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|
�������������(2)��a social security number; |
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�
|
�������������(3)��a driver's license number or a number of a personal |
|
�
|
identification card; [or] |
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�
|
�������������(4)��a date of birth; or |
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�
|
�������������(5)��the residence address of a voter who is a federal |
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�
|
judge or state judge, as defined by Section 13.0021, if the voter |
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�
|
included an affidavit with the application under Section 13.0021 or |
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�
|
the registrar has received an affidavit submitted under Section |
|
�
|
15.0215. |
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�
|
�������SECTION�3.��Subchapter B, Chapter 15, Election Code, is |
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�
|
amended by adding Section 15.0215 to read as follows: |
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|
�������Sec.�15.0215.��NOTICE OF FEDERAL JUDGE OR STATE JUDGE |
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STATUS. (a) In this section, "federal judge" and "state judge"� |
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|
have the meanings assigned by Section 13.0021. |
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|
�������(b)��A federal judge or state judge who is registered to vote |
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�
|
may at any time submit to the registrar of the county in which the |
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�
|
judge resides an affidavit stating that the voter is a federal judge |
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�
|
or state judge. |
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�
|
�������SECTION�4.��Section 15.081, Election Code, is amended by |
|
�
|
adding Subsection (d) to read as follows: |
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�
|
�������(d)��Notwithstanding Subsection (b), the suspense list may |
|
�
|
not contain the residence address of a voter who is a federal judge |
|
�
|
or state judge if the voter included an affidavit with the voter's |
|
�
|
registration application under Section 13.0021 or the registrar |
|
�
|
received an affidavit submitted under Section 15.0215 before the |
|
�
|
list was prepared. In this subsection, "federal judge" and "state |
|
�
|
judge"�have the meanings assigned by Section 13.0021. |
|
�
|
�������SECTION�5.��Section 18.005, Election Code, is amended by |
|
�
|
amending Subsection (a) and adding Subsection (c) to read as |
|
�
|
follows: |
|
�
|
�������(a)��Each original and supplemental list of registered |
|
�
|
voters must: |
|
�
|
�������������(1)��contain the voter's name, [residence address,] |
|
�
|
date of birth, and registration number as provided by the statewide |
|
�
|
computerized voter registration list; |
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�
|
�������������(2)��contain the voter's residence address, except as |
|
�
|
provided by Subsections (b) and (c); |
|
�
|
�������������(3)��be arranged alphabetically by voter name; and |
|
�
|
�������������(4)�[(3)]��contain the notation required by Section |
|
�
|
15.111[; and
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�
|
�������������[(4)
�
�
until Section 13.122(d) expires, identify each
|
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�
|
voter registered by mail for the first time who failed to provide a
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|
�
|
copy of a document described by Section 63.0101 establishing the
|
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�
|
voter's identity at the time of registration]. |
|
�
|
�������(c)��The original or supplemental list of registered voters |
|
�
|
may not contain the residence address of a voter who is a federal |
|
�
|
judge or state judge if the voter included an affidavit with the |
|
�
|
voter's registration application under Section 13.0021 or the |
|
�
|
registrar received an affidavit submitted under Section 15.0215 |
|
�
|
before the list was prepared. In this subsection, "federal judge" |
|
�
|
and "state judge"�have the meanings assigned by Section 13.0021. |
|
�
|
�������SECTION�6.��Section 18.066(b), Election Code, is amended to |
|
�
|
read as follows: |
|
�
|
�������(b)��Information furnished under this section may not |
|
�
|
include: |
|
�
|
�������������(1)��a voter's social security number; or |
|
�
|
�������������(2)��the residence address of a voter who is a federal |
|
�
|
judge or state judge, as defined by Section 13.0021, if the voter |
|
�
|
included an affidavit with the voter's registration application |
|
�
|
under Section 13.0021 or the applicable registrar has received an |
|
�
|
affidavit submitted under Section 15.0215. |
|
�
|
�������SECTION�7.��Section 63.0011(a), Election Code, is amended to |
|
�
|
read as follows: |
|
�
|
�������(a)��Before a voter may be accepted for voting, an election |
|
�
|
officer shall ask the voter if the voter's residence address on the |
|
�
|
precinct list of registered voters is current and whether the voter |
|
�
|
has changed residence within the county. If the voter's address is |
|
�
|
omitted from the precinct list under Section 18.005(c), the officer |
|
�
|
shall ask the voter if the voter's residence as listed on the |
|
�
|
voter's voter registration certificate is current and whether the |
|
�
|
voter has changed residence within the county. |
|
�
|
SECTION�8.��Section 411.171, Government Code, is amended by |
|
�
|
adding Subdivisions (4-a) and (4-b) to read as follows: |
|
�
|
�������������(4-a)��"Federal judge" means: |
|
�
|
�������������������(A)��a judge of a United States court of appeals; |
|
�
|
�������������������(B)��a judge of a United States district court; |
|
�
|
�������������������(C)��a judge of a United States bankruptcy court; |
|
�
|
or |
|
�
|
�������������������(D)��a magistrate judge of a United States |
|
�
|
district court. |
|
�
|
�������������(4-b)��"State judge" means: |
|
�
|
�������������������(A)��the judge of an appellate court, a district |
|
�
|
court, or a county court at law of this state; or |
|
�
|
�������������������(B)��an associate judge appointed under Chapter |
|
�
|
201, Family Code. |
|
�
|
�������SECTION�9.��Section 411.179, Government Code, is amended by |
|
�
|
amending Subsection (a) and adding Subsection (c) to read as |
|
�
|
follows: |
|
�
|
�������(a)��The department by rule shall adopt the form of the |
|
�
|
license. A license must include: |
|
�
|
�������������(1)��a number assigned to the license holder by the |
|
�
|
department; |
|
�
|
�������������(2)��a statement of the period for which the license is |
|
�
|
effective; |
|
�
|
�������������(3)��a statement of the category or categories of |
|
�
|
handguns the license holder may carry as provided by Subsection |
|
�
|
(b); |
|
�
|
�������������(4)��a color photograph of the license holder; [and] |
|
�
|
�������������(5)��the license holder's full name, date of birth, |
|
�
|
[residence address,] hair and eye color, height, weight, and |
|
�
|
signature; |
|
�
|
�������������(6)��the license holder's residence address or, as |
|
�
|
provided by Subsection (c), the street address of the courthouse in |
|
�
|
which the license holder or license holder's spouse serves as a |
|
�
|
federal judge or the license holder serves as a state judge;[,] and |
|
�
|
�������������(7)��the number of a driver's license or an |
|
�
|
identification certificate issued to the license holder by the |
|
�
|
department. |
|
�
|
�������(c)��In adopting the form of the license under Subsection |
|
�
|
(a), the department shall establish a procedure for the license of a |
|
�
|
federal judge, a state judge, or the spouse of a federal judge or |
|
�
|
state judge to omit the license holder's residence address and to |
|
�
|
include, in lieu of that address, the street address of the |
|
�
|
courthouse in which the license holder or license holder's spouse |
|
�
|
serves as a federal judge or state judge. �In establishing the |
|
�
|
procedure, the department shall require sufficient documentary |
|
�
|
evidence to establish the license holder's status as a federal |
|
�
|
judge, a state judge, or the spouse of a federal judge or state |
|
�
|
judge. |
|
�
|
�������SECTION�10.��Sections 411.181(a) and (b), Government Code, |
|
�
|
are amended to read as follows: |
|
�
|
�������(a)��If a person who is a current license holder moves to a |
|
�
|
new residence [from the] address, [stated on the license or] if the |
|
�
|
name of the person is changed by marriage or otherwise, or if the |
|
�
|
person's status as a federal judge, a state judge, or the spouse of |
|
�
|
a federal judge or state judge, becomes inapplicable, the person |
|
�
|
shall, not later than the 30th day after the date of the address, |
|
�
|
[or] name, or status change, notify the department and provide the |
|
�
|
department with the number of the person's license and, as |
|
�
|
applicable, the person's: |
|
�
|
�������������(1)��former and new addresses; or |
|
�
|
�������������(2)��former and new names. |
|
�
|
�������(b)��If the name of the license holder is changed by marriage |
|
�
|
or otherwise, or if the person's status as a federal judge or state |
|
�
|
judge, or the spouse of a federal judge or state judge becomes |
|
�
|
inapplicable, the person shall apply for a duplicate license. The |
|
�
|
duplicate license must include the person's current residence |
|
�
|
address. |
|
�
|
�������SECTION�11.��Section 25.025, Tax Code, is amended by |
|
�
|
amending Subsection (a) and adding Subsection (a-1) to read as |
|
�
|
follows: |
|
�
|
�������(a)��This section applies only to: |
|
�
|
�������������(1)��a peace officer as defined by Article 2.12, Code of |
|
�
|
Criminal Procedure; |
|
�
|
�������������(2)��a county jailer as defined by Section 1701.001, |
|
�
|
Occupations Code; |
|
�
|
�������������(3)��an employee of the Texas Department of Criminal |
|
�
|
Justice; |
|
�
|
�������������(4)��a commissioned security officer as defined by |
|
�
|
Section 1702.002, Occupations Code; [and] |
|
�
|
�������������(5)��a victim of family violence as defined by Section |
|
�
|
71.004, Family Code, if as a result of the act of family violence |
|
�
|
against the victim, the actor is convicted of a felony or a Class A |
|
�
|
misdemeanor; and |
|
�
|
�������������(6)��a federal judge or state judge. |
|
�
|
�������(a-1)��In this section: |
|
�
|
�������������(1)��"Federal judge" means: |
|
�
|
�������������������(A)��a judge, former judge, or retired judge of a |
|
�
|
United States court of appeals; |
|
�
|
�������������������(B)��a judge, former judge, or retired judge of a |
|
�
|
United States district court; |
|
�
|
�������������������(C)��a judge, former judge, or retired judge of a |
|
�
|
United States bankruptcy court; or |
|
�
|
�������������������(D)��a magistrate judge, former magistrate judge, |
|
�
|
or retired magistrate judge of a United States district court. |
|
�
|
�������������(2)��"State judge" means: |
|
�
|
�������������������(A)��a judge, former judge, or retired judge of an |
|
�
|
appellate court, a district court, or a county court at law of this |
|
�
|
state; or |
|
�
|
�������������������(B)��an associate judge appointed under Chapter |
|
�
|
201, Family Code, or a retired associate judge or former associate |
|
�
|
judge appointed under that chapter. |
|
�
|
�������SECTION�12.��Subchapter D, Chapter 161, Human Resources |
|
�
|
Code, is amended by adding Section 161.075 to read as follows: |
|
�
|
�������Sec.�161.075.��IMMUNITY FOR AREA AGENCIES ON AGING AND |
|
�
|
AGENCY EMPLOYEES AND VOLUNTEERS. (a) In this section: |
|
�
|
�������������(1)��"Area agency on aging" means an agency described |
|
�
|
by 42 U.S.C. Section 3002(17) and through which the department |
|
�
|
ensures the implementation of services and volunteer opportunities |
|
�
|
for older persons in this state as provided by Section |
|
�
|
161.071(5)(A). |
|
�
|
�������������(2)��"Texas nonprofit organization" means a nonprofit |
|
�
|
corporation: |
|
�
|
�������������������(A)��that is organized under the Texas Non-Profit |
|
�
|
Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil |
|
�
|
Statutes); and |
|
�
|
�������������������(B)��the funding of which is managed by an |
|
�
|
organization that is exempt from federal income tax under Section |
|
�
|
501(a) of the Internal Revenue Code of 1986 by being listed as an |
|
�
|
exempt organization in Section 501(c)(3) of that code. |
|
�
|
�������������(3)��"Volunteer" means a person who: |
|
�
|
�������������������(A)��renders services for or on behalf of an area |
|
�
|
agency on aging under the supervision of an area agency on aging |
|
�
|
employee; and |
|
�
|
�������������������(B)��does not receive compensation that exceeds |
|
�
|
the authorized expenses the person incurs in performing those |
|
�
|
services. |
|
�
|
�������(b)��An area agency on aging that conducts an election on |
|
�
|
behalf of a Texas nonprofit organization is not civilly or |
|
�
|
criminally liable for any act or omission, including an act or |
|
�
|
omission relating to verifying the qualifications of candidates and |
|
�
|
determining and reporting election results, that relates to a duty |
|
�
|
or responsibility with respect to conducting the election if the |
|
�
|
agency acted in good faith and within the scope of the agency's |
|
�
|
authority. |
|
�
|
�������(c)��An area agency on aging employee or volunteer who |
|
�
|
performs an act related to the conduct of an election described by |
|
�
|
Subsection (b) is not civilly or criminally liable for the act or |
|
�
|
any omission that relates to a duty or responsibility with respect |
|
�
|
to conducting the election if the person acted in good faith and |
|
�
|
within the scope of the person's authority. |
|
�
|
�������SECTION�13.��The change in law made by this Act with respect |
|
�
|
to the civil liability of an area agency on aging or an employee or |
|
�
|
volunteer of the agency applies only to a cause of action that |
|
�
|
accrues on or after the effective date of this Act. A cause of |
|
�
|
action that accrued before the effective date of this Act is |
|
�
|
governed by the law as it existed immediately before the effective |
|
�
|
date of this Act, and that law is continued in effect for that |
|
�
|
purpose. |
|
�
|
�������SECTION�14.��The change in law made by this Act with respect |
|
�
|
to the criminal liability of an area agency on aging or an employee |
|
�
|
or volunteer of the agency applies only to an offense committed on |
|
�
|
or after the effective date of this Act. For purposes of this |
|
�
|
section, an offense is committed before the effective date of this |
|
�
|
Act if any element of the offense occurs before that date. An |
|
�
|
offense committed before the effective date of this Act is covered |
|
�
|
by the law in effect when the offense was committed, and the former |
|
�
|
law is continued in effect for that purpose. |
|
�
|
�������SECTION�15.��Section 161.075, Human Resources Code, as added |
|
�
|
by this Act, is an exercise of authority under Section 66(c), |
|
�
|
Article III, Texas Constitution, and takes effect only if this Act |
|
�
|
receives a vote of three-fifths of all the members elected to each |
|
�
|
house, as provided by Subsection (e) of that section. |
|
�
|
�������SECTION�16.��This Act takes effect September 1, 2007. |
| � |
| � |
| � |
______________________________ |
______________________________ |
| � |
���President of the Senate |
Speaker of the House����� |
| � |
| � |
|
�
|
�������I certify that H.B. No. 41 was passed by the House on April |
|
�
|
13, 2007, by the following vote:��Yeas 143, Nays 1, 2 present, not |
|
�
|
voting; and that the House concurred in Senate amendments to H.B. |
|
�
|
No. 41 on May 21, 2007, by the following vote:��Yeas 143, Nays 0, 2 |
|
�
|
present, not voting. |
|
�
|
|
|
�
|
______________________________ |
|
�
|
Chief Clerk of the House��� |
| � |
|
�
|
�������I certify that H.B. No. 41 was passed by the Senate, with |
|
�
|
amendments, on May 17, 2007, by the following vote:��Yeas 30, Nays |
|
�
|
1. |
|
�
|
|
|
�
|
______________________________ |
|
�
|
Secretary of the Senate��� |
|
�
|
APPROVED: __________________ |
|
�
|
����������������Date������� |
|
�
|
� |
|
�
|
�������� __________________ |
|
�
|
��������������Governor������� |