Bill Text: TX HB3047 | 2019-2020 | 86th Legislature | Enrolled


Bill Title: Relating to the creation of the Montgomery County Municipal Utility District No. 167; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2019-06-10 - Effective immediately [HB3047 Detail]

Download: Texas-2019-HB3047-Enrolled.html
 
 
  H.B. No. 3047
 
 
 
 
AN ACT
  relating to the creation of the Montgomery County Municipal Utility
  District No. 167; granting a limited power of eminent domain;
  providing authority to issue bonds; providing authority to impose
  assessments, fees, and taxes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle F, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 8065 to read as follows:
  CHAPTER 8065. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 167
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 8065.0101.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Commission" means the Texas Commission on
  Environmental Quality.
               (3)  "Director" means a board member.
               (4)  "District" means the Montgomery County Municipal
  Utility District No. 167.
         Sec. 8065.0102.  NATURE OF DISTRICT. The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8065.0103.  CONFIRMATION AND DIRECTOR ELECTION
  REQUIRED. The temporary directors shall hold an election to
  confirm the creation of the district and to elect five permanent
  directors as provided by Section 49.102, Water Code.
         Sec. 8065.0104.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section
  8065.0103 until each municipality in whose corporate limits or
  extraterritorial jurisdiction the district is located has
  consented by ordinance or resolution to the creation of the
  district and to the inclusion of land in the district.
         Sec. 8065.0105.  FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
  (a) The district is created to serve a public purpose and benefit.
         (b)  The district is created to accomplish the purposes of:
               (1)  a municipal utility district as provided by
  general law and Section 59, Article XVI, Texas Constitution; and
               (2)  Section 52, Article III, Texas Constitution, that
  relate to the construction, acquisition, improvement, operation,
  or maintenance of macadamized, graveled, or paved roads, or
  improvements, including storm drainage, in aid of those roads.
         Sec. 8065.0106.  INITIAL DISTRICT TERRITORY. (a) The
  district is initially composed of the territory described by
  Section 2 of the Act enacting this chapter.
         (b)  The boundaries and field notes contained in Section 2 of
  the Act enacting this chapter form a closure. A mistake made in the
  field notes or in copying the field notes in the legislative process
  does not affect the district's:
               (1)  organization, existence, or validity;
               (2)  right to issue any type of bond for the purposes
  for which the district is created or to pay the principal of and
  interest on a bond;
               (3)  right to impose a tax; or
               (4)  legality or operation.
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 8065.0201.  GOVERNING BODY; TERMS. (a) The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8065.0202, directors
  serve staggered four-year terms.
         Sec. 8065.0202.  TEMPORARY DIRECTORS. (a) The temporary
  board consists of:
               (1)  Jesus Espinoza;
               (2)  Norman E. Gutierrez;
               (3)  John D. Eckstrum;
               (4)  Tommy Nichol; and
               (5)  Blake Cogdell.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 8065.0103; or
               (2)  the fourth anniversary of the effective date of
  the Act enacting this chapter.
         (c)  If permanent directors have not been elected under
  Section 8065.0103 and the terms of the temporary directors have
  expired, successor temporary directors shall be appointed or
  reappointed as provided by Subsection (d) to serve terms that
  expire on the earlier of:
               (1)  the date permanent directors are elected under
  Section 8065.0103; or
               (2)  the fourth anniversary of the date of the
  appointment or reappointment.
         (d)  If Subsection (c) applies, the owner or owners of a
  majority of the assessed value of the real property in the district
  may submit a petition to the commission requesting that the
  commission appoint as successor temporary directors the five
  persons named in the petition. The commission shall appoint as
  successor temporary directors the five persons named in the
  petition.
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 8065.0301.  GENERAL POWERS AND DUTIES. The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8065.0302.  MUNICIPAL UTILITY DISTRICT POWERS AND
  DUTIES. The district has the powers and duties provided by the
  general law of this state, including Chapters 49 and 54, Water Code,
  applicable to municipal utility districts created under Section 59,
  Article XVI, Texas Constitution.
         Sec. 8065.0303.  AUTHORITY FOR ROAD PROJECTS. Under Section
  52, Article III, Texas Constitution, the district may design,
  acquire, construct, finance, issue bonds for, improve, operate,
  maintain, and convey to this state, a county, or a municipality for
  operation and maintenance macadamized, graveled, or paved roads, or
  improvements, including storm drainage, in aid of those roads.
         Sec. 8065.0304.  ROAD STANDARDS AND REQUIREMENTS. (a) A
  road project must meet all applicable construction standards,
  zoning and subdivision requirements, and regulations of each
  municipality in whose corporate limits or extraterritorial
  jurisdiction the road project is located.
         (b)  If a road project is not located in the corporate limits
  or extraterritorial jurisdiction of a municipality, the road
  project must meet all applicable construction standards,
  subdivision requirements, and regulations of each county in which
  the road project is located.
         (c)  If the state will maintain and operate the road, the
  Texas Transportation Commission must approve the plans and
  specifications of the road project.
         Sec. 8065.0305.  COMPLIANCE WITH MUNICIPAL CONSENT
  ORDINANCE OR RESOLUTION. The district shall comply with all
  applicable requirements of any ordinance or resolution that is
  adopted under Section 54.016 or 54.0165, Water Code, and that
  consents to the creation of the district or to the inclusion of land
  in the district.
         Sec. 8065.0306.  DIVISION OF DISTRICT. (a) The district may
  be divided into two or more new districts only if the district:
               (1)  has no outstanding bonded debt; and
               (2)  is not imposing ad valorem taxes.
         (b)  This chapter applies to any new district created by the
  division of the district, and a new district has all the powers and
  duties of the district.
         (c)  Any new district created by the division of the district
  may not, at the time the new district is created, contain any land
  outside the area described by Section 2 of the Act enacting this
  chapter.
         (d)  The board, on its own motion or on receipt of a petition
  signed by the owner or owners of a majority of the assessed value of
  the real property in the district, may adopt an order dividing the
  district.
         (e)  The board may adopt an order dividing the district
  before or after the date the board holds an election under Section
  8065.0103 to confirm the creation of the district.
         (f)  An order dividing the district shall:
               (1)  name each new district;
               (2)  include the metes and bounds description of the
  territory of each new district;
               (3)  appoint temporary directors for each new district;
  and
               (4)  provide for the division of assets and liabilities
  between or among the new districts.
         (g)  On or before the 30th day after the date of adoption of
  an order dividing the district, the district shall file the order
  with the commission and record the order in the real property
  records of each county in which the district is located.
         (h)  Any new district created by the division of the district
  shall hold a confirmation and directors' election as required by
  Section 8065.0103.
         (i)  If the creation of the new district is confirmed, the
  new district shall provide the election date and results to the
  commission.
         (j)  Any new district created by the division of the district
  must hold an election as required by this chapter to obtain voter
  approval before the district may impose a maintenance tax or issue
  bonds payable wholly or partly from ad valorem taxes.
         (k)  If the voters of a new district do not confirm the
  creation of the new district, the assets, obligations, territory,
  and governance of the new district revert to that of the original
  district.
         Sec. 8065.0307.  LIMITATION ON USE OF EMINENT DOMAIN. The
  district may not exercise the power of eminent domain outside the
  district to acquire a site or easement for:
               (1)  a road project authorized by Section 8065.0303; or
               (2)  a recreational facility as defined by Section
  49.462, Water Code.
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 8065.0401.  ELECTIONS REGARDING TAXES OR BONDS. (a)
  The district may issue, without an election, bonds and other
  obligations secured by:
               (1)  revenue other than ad valorem taxes; or
               (2)  contract payments described by Section 8065.0403.
         (b)  The district must hold an election in the manner
  provided by Chapters 49 and 54, Water Code, to obtain voter approval
  before the district may impose an ad valorem tax or issue bonds
  payable from ad valorem taxes.
         (c)  The district may not issue bonds payable from ad valorem
  taxes to finance a road project unless the issuance is approved by a
  vote of a two-thirds majority of the district voters voting at an
  election held for that purpose.
         Sec. 8065.0402.  OPERATION AND MAINTENANCE TAX. (a) If
  authorized at an election held under Section 8065.0401, the
  district may impose an operation and maintenance tax on taxable
  property in the district in accordance with Section 49.107, Water
  Code.
         (b)  The board shall determine the tax rate. The rate may not
  exceed the rate approved at the election.
         Sec. 8065.0403.  CONTRACT TAXES. (a) In accordance with
  Section 49.108, Water Code, the district may impose a tax other than
  an operation and maintenance tax and use the revenue derived from
  the tax to make payments under a contract after the provisions of
  the contract have been approved by a majority of the district voters
  voting at an election held for that purpose.
         (b)  A contract approved by the district voters may contain a
  provision stating that the contract may be modified or amended by
  the board without further voter approval.
  SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
         Sec. 8065.0501.  AUTHORITY TO ISSUE BONDS AND OTHER
  OBLIGATIONS. The district may issue bonds or other obligations
  payable wholly or partly from ad valorem taxes, impact fees,
  revenue, contract payments, grants, or other district money, or any
  combination of those sources, to pay for any authorized district
  purpose.
         Sec. 8065.0502.  TAXES FOR BONDS. At the time the district
  issues bonds payable wholly or partly from ad valorem taxes, the
  board shall provide for the annual imposition of a continuing
  direct ad valorem tax, without limit as to rate or amount, while all
  or part of the bonds are outstanding as required and in the manner
  provided by Sections 54.601 and 54.602, Water Code.
         Sec. 8065.0503.  BONDS FOR ROAD PROJECTS. At the time of
  issuance, the total principal amount of bonds or other obligations
  issued or incurred to finance road projects and payable from ad
  valorem taxes may not exceed one-fourth of the assessed value of the
  real property in the district.
         SECTION 2.  The Montgomery County Municipal Utility District
  No. 167 initially includes all the territory contained in the
  following area:
  BEING 242.128 ACRES OF LAND, MORE OR LESS, WITH 74.18 ACRES SITUATED
  IN THE THOMAS DOUGLAS SURVEY, ABSTRACT NUMBER 187 AND 167.88 ACRES
  SITUATED IN THE MATTHEW CARTWRIGHT SURVEY, ABSTRACT NUMBER 126, ALL
  IN MONTGOMERY COUNTY, TEXAS AND BEING OUT OF THAT CERTAIN CALLED
  249.943 ACRE TRACT CONVEYED IN SPECIAL WARRANTY DEED TO AVANTI
  2854, LLC, RECORDED UNDER CLERK'S FILE NUMBER 2017006860 OFFICIAL
  PUBLIC RECORDS OF MONTGOMERY COUNTY, TEXAS, TOGETHER WITH THAT
  CERTAIN CALLED 0.4658 ACRE TRACT CONVEYED TO AVANTI 2854, LLC,
  RECORDED UNDER CLERK'S FILE NUMBER 2018092894 OFFICIAL PUBLIC
  RECORDS OF MONTGOMERY COUNTY, TEXAS, SAVE AND EXCEPT THAT CERTAIN
  CALLED 8.341 ACRE TRACT AS CONVEYED BY AVANTI 2854, LLC TO
  MONTGOMERY COUNTY, TEXAS, A POLITICAL SUBDIVISION OF THE STATE OF
  TEXAS, RECORDED IN EXCHANGE DEED UNDER CLERK'S FILE NUMBER
  2018092878 OFFICIAL PUBLIC RECORDS OF MONTGOMERY COUNTY, TEXAS;
  SAID 242.128 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
  WITH ALL BEARINGS AND COORDINATES REFERENCED TO THE TEXAS
  COORDINATE SYSTEM, CENTRAL ZONE 4203 NAD-83, ALL COORDINATES SHOWN
  ARE GRID AND MAY BE CONVERTED TO SURFACE BY MULTIPLYING BY THE
  COMBINED ADJUSTMENT FACTOR OF 1.00061987:
  BEGINNING at the lower Northwest corner of the called 249.943 acre
  tract located at the intersection of the South right-of-way of
  Katie Road, a variable width right-of-way designated as a "County
  Road" (no deed found), with the East right-of-way of F. M. Highway
  2854, a variable width right-of-way as referenced in Deed from J. H.
  Talley to the County of Montgomery, State of Texas and recorded in
  Volume 716, Page 132 Montgomery County Deed Records; said point
  having a coordinate value of North 10,114,844.41 and East
  3,774,584.72;
  THENCE North 87° 21' 23" East for a distance of 1209.36 feet along
  the lower North line of the called 249.943 acre tract and South line
  of Katie Road to an interior Northwest corner of the herein
  described tract and further located at the East line of the Thomas
  Douglas Survey and the West line of the Matthew Cartwright Survey;
  THENCE North 03° 25' 54" West along the upper West line of the called
  249.943 acre tract, continuing along the East line of the Thomas
  Douglas Survey and the West line of the Matthew Cartwright Survey
  passing the North line of Katie Road and the Southeast corner of
  that certain called 13.38 acre tract conveyed to Ronald G.
  McCracken and spouse, Laura J. McCracken recorded under Clerk's
  File Number 2006-077430 Montgomery County Real Property Records,
  continuing a deed call distance of 1334.52 feet to the 13.38 acre
  tract Northeast corner and being an angle point of the herein
  described tract at an upper Southeast corner of that certain called
  16.027 acre tract conveyed to Ronald G. McCracken, et ux, recorded
  under Clerk's File Number 2007-0573 Montgomery County Real Property
  Records;
  THENCE North 02° 04' 38" West for a distance of 260.11 feet
  continuing along the East line of the Thomas Douglas Survey and the
  West line of the Matthew Cartwright Survey, common to the upper East
  line of the called 16.027 acre tract, to the upper Northwest corner
  of the herein described tract and the upper Northwest corner of the
  called 249.943 acre tract, and located at the Southwest corner of
  that certain called 85.194 acre tract conveyed to the Estate of Carl
  A. Sudbury, et al to Martha D. Mayer, Trustee, recorded under
  Clerk's File Number 2000-003039 Montgomery County Real Property
  Records
  THENCE North 86° 44' 51" East along the South line of the called
  85.194 acre tract for a distance of 1570.87 feet to a point for
  angle at the called 85.194 acre tract Southeast corner and a
  Southwest corner of a called 207 acre tract conveyed to Jasper
  Duncan Cartwright and recorded in Volume 626, Page 86 Montgomery
  County Deed Records;
  THENCE North 73° 43' 03" East along the South line of the called 207
  acre tract for a distance of 673.34 feet to a point for the
  Northeast corner of the herein described tract located in the
  Westerly high-bank of Mound Creek;
  THENCE with the following courses and distances along the Westerly
  high-bank of Mound Creek:
  1)  South 34° 16' 12" East for a distance of 44.50 feet to a point
  for corner;
  2)  South 67° 14' 09" East for a distance of 51.81 feet to a point
  for corner;
  3)  South 54° 16' 20" East for a distance of 22.71 feet to a point
  for corner;
  4)  South 14° 59' 12" West for a distance of 33.77 feet to a point
  for corner/;
  5)  South 49° 10' 18" East for a distance of 21.62 feet to a point
  for corner;
  6)  South 08° 50' 45" East for a distance of 32.07 feet to a point
  for corner;
  7)  South 14° 29' 14" West for a distance of 59.23 feet to a point
  for corner;
  8)  South 19° 56' 34" East for a distance of 59.05 feet to a point
  for corner;
  9)  South 06° 16' 39" East for a distance of 90.94 feet to a point
  for corner;
  10)  South 11° 21' 07" East for a distance of 38.72 feet to a point
  for corner;
  11)  South 32° 51' 33" East for a distance of 103.15 feet to a point
  for corner;
  12)  South 31° 08' 48" East for a distance of 111.54 feet to a point
  for corner;
  13)  South 67° 19' 47" East for a distance of 37.51 feet to a point
  for corner;
  14)  South 39° 35' 32" East for a distance of 31.28 feet to a point
  for corner;
  15)  South 27° 22' 39" East for a distance of 173.85 feet to a point
  for corner;
  16)  South 00° 37' 47" East for a distance of 35.63 feet to a point
  for corner;
  17)  South 26° 43' 57" East for a distance of 34.32 feet to a point
  for corner;
  18)  South 49° 57' 22" East for a distance of 106.17 feet to a point
  for corner;
  19)  South 43° 57' 10" East for a distance of 174.91 feet to a point
  for corner;
  20)  South 00° 25' 37" East for a distance of 255.88 feet to a point
  for corner;
  21)  South 23° 28' 27" E for a distance of 14.24 feet to a point
  THENCE South 86° 19' 53" West for a distance of 82.61 feet along the
  West line of the aforesaid called 207 acre tract to an interior
  corner of the herein described tract;
  THENCE South 03° 16' 56" East for a distance of 1398.16 feet
  continuing along the West line of the called 207 acre tract to a
  point for the upper Southeast corner of the herein described tract
  and Southeast corner of the called 249.943 acre tract and being in
  the North line of that certain called 75 acre tract conveyed to
  Jasper Duncan Cartwright in Deed recorded in Volume 626, Page 509
  Montgomery County Deed Records;
  THENCE South 86° 41' 48" West for a distance of 1041.81 feet along
  the Cartwright North line to an interior corner of the herein
  described tract
  THENCE South 12° 01' 56" East for a distance of 329.46 feet to a
  Southeast corner of the herein described tract at an interior
  corner of the called 75 acre tract;
  THENCE South 87° 26' 11" West for a distance of 1692.85 feet along
  the Westerly North line of the called 75 acre tract to a Northwest
  corner of the called 75 acre tract at an interior corner of the
  herein described tract;
  THENCE South 06° 29' 00" E for a distance of 354.36 feet along the
  West line of the called 75 acre tract to the Southwest corner of the
  called 74 acre tract and being an interior corner of the herein
  described tract;
  THENCE North 87° 41' 38" East for a distance of 144.44 feet to a
  lower Northeast corner of the herein described tract and being a
  Northwest corner of that certain called 98.2 acre tract conveyed to
  Patricia Joe Schuller in Deed recorded in Volume 626, Page 78
  Montgomery County Deed Records;
  THENCE South 03° 16' 52" East along the West line of the called 98.2
  acre tract and the West line of a called 9.0054 acre tract conveyed
  to James Michael Brown recorded under Clerk's File Number 9703943
  Montgomery County Real Property Records; in all, a distance of
  1900.40 feet to the Southeast corner of the herein described tract;
  THENCE South 87° 11' 56" West along the North line of that certain
  called 5.435 acre tract conveyed to Patricia S. Smith recorded
  under Clerk's File Number 9346082 Montgomery County Real Property
  Records, and along the North line of that certain called 1.000 acre
  tract conveyed to Barnie E. Edwards recorded under Clerk's File
  Number 8213103 Montgomery County Real Property Records for a
  distance of 559.03 feet to the Southwest corner of the herein
  described tract, located in the East line of F. M. 2854;
  THENCE with the following courses and distances along the East line
  of F. M. 2854 and the West line of the called 249.943 acre tract as
  follows:
  1)  North 36° 18' 16" West for a distance of 246.29 feet to a point
  for corner;
  2)  North 28° 02' 36" West for a distance of 577.02 feet to the
  beginning of a non-tangential curve to the right;
  3)  Along said curve turning to the right through an angle of 13° 16'
  17", having a radius of 2804.83 feet, an arc length of 649.68 feet
  and whose long chord bears North 21° 15' 04" West for a distance of
  648.23 feet to a point of intersection with a non-tangential line;
  4)  North 08° 21' 11" West for a distance of 286.54 feet to a point
  for corner at the Southwest corner of the aforementioned called
  8.341 acre tract;
  THENCE with the following courses and distances along the called
  8.341 acre tract:
  1)  North 38° 33' 59" East for a distance of 79.38 feet to a point
  for corner;
  2)  North 85° 41' 19" East for a distance of 431.79 feet to the
  beginning of a curve to the left;
  3)  With said curve turning to the left through an angle of 90° 00'
  00", having a radius of 201.00 feet, an arc length of 315.73 feet
  and whose long chord bears North 40° 41' 19" East for a distance of
  284.26 feet to a point for corner;
  4)  North 04° 18' 41" West for a distance of 148.00 feet to the
  beginning of a curve to the left;
  5)  Along said curve turning to the left through an angle of 90° 00'
  00", having a radius of 201.00 feet, an arc length of 315.73 feet
  and whose long chord bears North 49° 18' 41" West for a distance of
  284.26 feet;
  6)  South 85° 41' 19" West for a distance of 433.95 feet to a point
  for corner;
  7)  North 50° 06' 44" West for a distance of 71.76 feet to a point
  for corner in the East line of F. M. 2854;
  THENCE with the following courses and distances along the East line
  of F. M. 2854 and the West line of the called 249.943 acre tract as
  follows:
  1)  North 05° 14' 58" West for a distance of 129.46 feet to a point
  for corner;
  2)  North 07° 34' 43" West for a distance of 190.26 feet to a point
  for corner;
  3)  North 11° 52' 28" West for a distance of 584.29 feet to the
  beginning of a non-tangential curve to the left;
  4)  Along said curve turning to the left through 03° 40' 20", having
  a radius of 5809.65 feet, an arc length of 372.36 feet and whose
  long chord bears North 16° 15' 44" West for a distance of 372.30 feet
  to the Point of Beginning and containing a calculated area of
  242.128 acres.
         SECTION 3.  (a) The legal notice of the intention to
  introduce this Act, setting forth the general substance of this
  Act, has been published as provided by law, and the notice and a
  copy of this Act have been furnished to all persons, agencies,
  officials, or entities to which they are required to be furnished
  under Section 59, Article XVI, Texas Constitution, and Chapter 313,
  Government Code.
         (b)  The governor, one of the required recipients, has
  submitted the notice and Act to the Texas Commission on
  Environmental Quality.
         (c)  The Texas Commission on Environmental Quality has filed
  its recommendations relating to this Act with the governor, the
  lieutenant governor, and the speaker of the house of
  representatives within the required time.
         (d)  All requirements of the constitution and laws of this
  state and the rules and procedures of the legislature with respect
  to the notice, introduction, and passage of this Act are fulfilled
  and accomplished.
         SECTION 4.  (a)  Section 8065.0307, Special District Local
  Laws Code, as added by Section 1 of this Act, takes effect only if
  this Act receives a two-thirds vote of all the members elected to
  each house.
         (b)  If this Act does not receive a two-thirds vote of all the
  members elected to each house, Subchapter C, Chapter 8065, Special
  District Local Laws Code, as added by Section 1 of this Act, is
  amended by adding Section 8065.0307 to read as follows:
         Sec. 8065.0307.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
         (c)  This section is not intended to be an expression of a
  legislative interpretation of the requirements of Section 17(c),
  Article I, Texas Constitution.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3047 was passed by the House on May 3,
  2019, by the following vote:  Yeas 123, Nays 17, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3047 was passed by the Senate on May
  22, 2019, by the following vote:  Yeas 30, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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