Bill Text: TX HB6 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the creation and re-creation of funds and accounts, the dedication and rededication of revenue, and the exemption of unappropriated money from use for general governmental purposes.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2015-06-19 - See remarks for effective date [HB6 Detail]
Download: Texas-2015-HB6-Enrolled.html
H.B. No. 6 |
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relating to the creation and re-creation of funds and accounts, the | ||
dedication and rededication of revenue, and the exemption of | ||
unappropriated money from use for general governmental purposes. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. DEFINITION. In any provision of this Act that | ||
does not amend current law, "state agency" means an office, | ||
institution, or other agency that is in the executive branch or the | ||
judicial branch of state government, has authority that is not | ||
limited to a geographical portion of the state, and was created by | ||
the constitution or a statute of this state. The term does not | ||
include an institution of higher education as defined by Section | ||
61.003, Education Code. | ||
SECTION 2. ABOLITION OF FUNDS, ACCOUNTS, AND DEDICATIONS. | ||
Except as otherwise specifically provided by this Act, all funds | ||
and accounts created or re-created by an Act of the 84th | ||
Legislature, Regular Session, 2015, that becomes law and all | ||
dedications or rededications of revenue collected by a state agency | ||
for a particular purpose by an Act of the 84th Legislature, Regular | ||
Session, 2015, that becomes law are abolished on the later of August | ||
31, 2015, or the date the Act creating or re-creating the fund or | ||
account or dedicating or rededicating revenue takes effect. | ||
SECTION 3. PREVIOUSLY EXEMPT DEDICATIONS, FUNDS, AND | ||
ACCOUNTS. Section 2 of this Act does not apply to: | ||
(1) statutory dedications, funds, and accounts that | ||
were enacted before the 84th Legislature convened to comply with | ||
requirements of state constitutional or federal law; | ||
(2) dedications, funds, or accounts that remained | ||
exempt from former Section 403.094(h), Government Code, at the time | ||
dedications, accounts, and funds were abolished under that | ||
provision; | ||
(3) increases in fees or in other revenue dedicated as | ||
described by this section; or | ||
(4) increases in fees or in other revenue required to | ||
be deposited in a fund or account described by this section. | ||
SECTION 4. FEDERAL FUNDS. Section 2 of this Act does not | ||
apply to funds created under an Act of the 84th Legislature, Regular | ||
Session, 2015, for which separate accounting is required by federal | ||
law, except that the funds shall be deposited in accounts in the | ||
general revenue fund unless otherwise required by federal law. | ||
SECTION 5. TRUST FUNDS. Section 2 of this Act does not | ||
apply to trust funds or dedicated revenue deposited to trust funds | ||
created under an Act of the 84th Legislature, Regular Session, | ||
2015, except that the trust funds shall be held in the state | ||
treasury, with the comptroller in trust, or outside the state | ||
treasury with the comptroller's approval. | ||
SECTION 6. BOND FUNDS. Section 2 of this Act does not apply | ||
to bond funds and pledged funds created or affected by an Act of the | ||
84th Legislature, Regular Session, 2015, except that the funds | ||
shall be held in the state treasury, with the comptroller in trust, | ||
or outside the state treasury with the comptroller's approval. | ||
SECTION 7. CONSTITUTIONAL FUNDS. Section 2 of this Act does | ||
not apply to funds or accounts that would be created or re-created | ||
by the Texas Constitution or revenue that would be dedicated or | ||
rededicated by the Texas Constitution under a constitutional | ||
amendment proposed by the 84th Legislature, Regular Session, 2015, | ||
or to dedicated revenue deposited to funds or accounts that would be | ||
so created or re-created, if the constitutional amendment is | ||
approved by the voters. | ||
SECTION 8. ADDITIONAL USES FOR DEDICATED FUNDS, ACCOUNTS, | ||
OR REVENUE. Section 2 of this Act does not apply to a newly | ||
authorized dedication of or use of a dedicated fund, a dedicated | ||
account, or dedicated revenue as provided by an Act of the 84th | ||
Legislature, Regular Session, 2015, to the extent that Act affects | ||
a fund, an account, or revenue that was exempted from funds | ||
consolidation before January 1, 2015. A dedicated fund, a | ||
dedicated account, or dedicated revenue that was exempted from | ||
funds consolidation before January 1, 2015, may be used as an Act of | ||
the 84th Legislature, Regular Session, 2015, provides, and a change | ||
in the name or authorized use of a previously exempted dedicated | ||
fund or account does not affect the fund's or account's dedicated | ||
nature. | ||
SECTION 9. ENVIRONMENTAL RADIATION AND PERPETUAL CARE | ||
ACCOUNT. On September 1, 2015, the environmental radiation and | ||
perpetual care account created by Section 401.306, Health and | ||
Safety Code, as enacted by Section 12, Chapter 1159 (S.B. 347), Acts | ||
of the 83rd Legislature, Regular Session, 2013, is re-created by | ||
this Act as an account in the general revenue fund, and all revenue | ||
dedicated for deposit to the credit of the environmental radiation | ||
and perpetual care account by a provision of Chapter 1159 (S.B. | ||
347), Acts of the 83rd Legislature, Regular Session, 2013, is | ||
rededicated by this Act for that purpose. Section 2 of this Act | ||
does not apply to the account as re-created by this Act or a | ||
dedication of revenue to the account as rededicated by this Act. | ||
SECTION 10. SPECIAL FUND FOR MONEY RECEIVED FROM FEDERAL | ||
GOVERNMENT. Section 2 of this Act does not apply to a special fund | ||
in the state treasury established by the comptroller of public | ||
accounts for the purpose of holding money received from the federal | ||
government as authorized by House Bill No. 8, or by similar | ||
legislation of the 84th Legislature, Regular Session, 2015, that | ||
becomes law. If that law provides that the comptroller may not | ||
deposit to the credit of the general revenue fund money received | ||
from the federal government or accrued interest or other earnings | ||
on money received from the federal government, Section 4 of this Act | ||
does not apply to federal funds to which that law applies. | ||
SECTION 11. ACCOUNTS IN GENERAL REVENUE FUND. Effective on | ||
the later of the effective date of the Act creating or re-creating | ||
the specified account or August 31, 2015, the following accounts | ||
and the revenue deposited to the credit of those accounts are exempt | ||
from Section 2 of this Act and the accounts are created or | ||
re-created in the general revenue fund, if created or re-created by | ||
an Act of the 84th Legislature, Regular Session, 2015, that becomes | ||
law: | ||
(1) the veterans recovery account, created as an | ||
account in the general revenue fund by House Bill No. 175 or similar | ||
legislation; | ||
(2) the Texas B-On-time student loan account, | ||
continued as an account in the general revenue fund by House Bill | ||
No. 700 or similar legislation; | ||
(3) the Texas farm and ranch lands conservation fund, | ||
continued as an account in the general revenue fund by House Bill | ||
No. 1925 or similar legislation; | ||
(4) the Global Agricultural Innovation Institute | ||
account, created as an account in the general revenue fund by House | ||
Bill No. 3983 or similar legislation; | ||
(5) the hospital perpetual care account, created as an | ||
account in the general revenue fund by Senate Bill No. 424 or | ||
similar legislation; | ||
(6) the mathematics and science teacher investment | ||
fund, continued as an account in the general revenue fund by Senate | ||
Bill No. 686 or similar legislation; | ||
(7) the account in the general revenue fund to which | ||
certain fee revenue is deposited by the Texas Medical Board as | ||
provided by Senate Bill No. 848 or similar legislation; | ||
(8) the wine industry development fund, re-created as | ||
an account in the general revenue fund by Senate Bill No. 880, | ||
Senate Bill No. 881, or similar legislation; | ||
(9) the professional development account, continued | ||
as an account in the general revenue fund by Senate Bill No. 893 or | ||
similar legislation; | ||
(10) the compensation to child pornography victims | ||
fund, created as an account in the general revenue fund by Senate | ||
Bill No. 1010 or similar legislation; | ||
(11) the truancy prevention and diversion fund, | ||
re-created as an account in the general revenue fund by Senate Bill | ||
No. 1925 or similar legislation; and | ||
(12) the deferred maintenance fund, created as an | ||
account in the general revenue fund by Senate Bill No. 2004 or | ||
similar legislation. | ||
SECTION 12. SEPARATE FUNDS. Effective on the later of the | ||
effective date of the Act creating or re-creating the specified | ||
fund or August 31, 2015, the following funds, if created or | ||
re-created by an Act of the 84th Legislature, Regular Session, | ||
2015, the revenue deposited to the funds, and the revenue dedicated | ||
for deposit to the funds, are exempt from Section 2 of this Act, and | ||
the funds are created or re-created as separate funds inside or | ||
outside of the state treasury, as specified by the Act creating or | ||
re-creating the fund: | ||
(1) a separate fund established in the treasury of a | ||
political subdivision or maintained by a state law enforcement | ||
agency for scholarships for children of peace officers killed in | ||
the line of duty as authorized by House Bill No. 530 or similar | ||
legislation; | ||
(2) the Texas research university fund, the Texas | ||
comprehensive research fund, and the core research support fund | ||
created or re-created as provided by House Bill No. 1000 or similar | ||
legislation; | ||
(3) a special fund outside the treasury created to | ||
receive certain fees payable to the State Securities Board, as | ||
provided by House Bill No. 2493 or similar legislation; | ||
(4) the county road oil and gas fund, created as a | ||
trust fund outside the treasury to be held and administered by the | ||
comptroller of public accounts by House Bill No. 2521 or similar | ||
legislation; | ||
(5) the permanent fund supporting graduate medical | ||
education, created as a special fund in the treasury by Senate Bill | ||
No. 18 or similar legislation; | ||
(6) a special fund to be maintained by the Texas | ||
Appraiser Licensing and Certification Board, created as provided by | ||
Senate Bill No. 1007 or similar legislation; | ||
(7) the grain producer indemnity fund, created as a | ||
trust fund outside the treasury by Senate Bill No. 1099 or similar | ||
legislation; and | ||
(8) the Texas Department of Motor Vehicles fund, | ||
re-created as a special fund in the treasury by Senate Bill No. 1512 | ||
or similar legislation. | ||
SECTION 13. REVENUE DEDICATIONS. Effective on the later of | ||
the effective date of the Act dedicating or rededicating the | ||
specified revenue or August 31, 2015, the following dedications or | ||
rededications of revenue collected for a particular purpose are | ||
exempt from Section 2 of this Act, if dedicated or rededicated by an | ||
Act of the 84th Legislature, Regular Session, 2015: | ||
(1) the dedication of revenue provided by House Bill | ||
No. 14 or similar legislation; | ||
(2) the dedication of certain fee revenue provided by | ||
House Bill No. 984 or similar legislation; | ||
(3) the dedication of certain revenue consisting of | ||
penalties, payments, or civil restitution to the judicial fund | ||
provided by House Bill No. 1079 or similar legislation; | ||
(4) the dedication of voluntary contributions to the | ||
fund for veterans' assistance provided by House Bill No. 1584 or | ||
similar legislation; | ||
(5) the dedication of fee revenue to the Texas | ||
Department of Motor Vehicles fund by House Bill No. 2085 or similar | ||
legislation; | ||
(6) the dedication of tax revenue imposed under | ||
Chapter 151, Tax Code, for deposit to the rural volunteer fire | ||
department insurance fund as provided by Section 151.801(c-2), Tax | ||
Code, as added by House Bill No. 2113, Senate Bill No. 761, or | ||
similar legislation; | ||
(7) the dedication of certain fee revenue by House | ||
Bill No. 2145 or similar legislation; | ||
(8) the dedication of certain penalty revenue to the | ||
Texas Department of Insurance operating account as provided by | ||
House Bill No. 2466 or similar legislation; | ||
(9) the dedication of fee revenue to the Texas | ||
Department of Insurance operating account by House Bill No. 2491 or | ||
similar legislation; | ||
(10) the dedication of fee revenue to the state | ||
highway fund as provided by House Bill No. 2861 or similar | ||
legislation; | ||
(11) the dedication of voluntary contributions to the | ||
Glenda Dawson Donate Life-Texas Registry fund and the dedication of | ||
certain fee revenue to the Texas Mobility Fund provided by House | ||
Bill No. 3283, Senate Bill No. 1561, or similar legislation; | ||
(12) the dedication of voluntary contributions to the | ||
fund for veterans' assistance provided by House Bill No. 3710 or | ||
similar legislation; | ||
(13) the dedication of certain money received by the | ||
Texas Department of Transportation to the state highway fund by | ||
House Bill No. 3868 or similar legislation; | ||
(14) the dedication of tax revenue to the oil and gas | ||
regulation and cleanup fund by House Bill No. 4034 or similar | ||
legislation; | ||
(15) the dedication of fee revenue by Senate Bill | ||
No. 195 or similar legislation; | ||
(16) the dedication of revenue by Senate Bill No. 204 | ||
or similar legislation; | ||
(17) the dedication of revenue by Senate Bill No. 208 | ||
or similar legislation; | ||
(18) the dedication of penalty revenue to the | ||
compensation to victims of crime fund as provided by Senate Bill | ||
No. 273 or similar legislation; | ||
(19) the dedication of fee revenue to the state | ||
highway fund and the Texas Department of Motor Vehicles fund | ||
provided by Senate Bill No. 562 or similar legislation; | ||
(20) the dedication of certain money received by the | ||
Texas Department of Transportation to the state highway fund | ||
provided by Senate Bill No. 638 or similar legislation; | ||
(21) the dedication of fee revenue by Senate Bill | ||
No. 699 or similar legislation; | ||
(22) the dedication of certain revenue as provided by | ||
Senate Bill No. 783 or similar legislation; | ||
(23) the dedication of fee revenue to the Texas | ||
Department of Housing and Community Affairs by Senate Bill No. 976 | ||
or similar legislation; | ||
(24) the dedication of money received by the Parks and | ||
Wildlife Department to the game, fish, and water safety account and | ||
the state parks account by Senate Bill No. 1132 or similar | ||
legislation; | ||
(25) the dedication of fee revenue by House Bill | ||
No. 2439 or similar legislation; and | ||
(26) the dedication of fee revenue by House Bill | ||
No. 872 or similar legislation. | ||
SECTION 14. CREATION OF NEW ACCOUNTS FOR LICENSE PLATE | ||
FEES. Section 2 of this Act does not apply to a new account created | ||
for receipt of fees for special license plates or for receipt of | ||
related revenue, gifts, or grants as provided by an Act of the 84th | ||
Legislature, Regular Session, 2015, or to the dedication of revenue | ||
to or contained in the new account. All license plate revenue shall | ||
be deposited to the credit of appropriate subaccounts of the | ||
License Plate Trust Fund No. 802. | ||
SECTION 15. GOVERNOR'S UNIVERSITY RESEARCH INITIATIVE | ||
FUND; DEDICATION OF REVENUE. Section 2 of this Act does not apply | ||
to the governor's university research initiative fund or any other | ||
fund created by House Bill No. 7, House Bill No. 26, Senate Bill | ||
No. 632, or similar legislation of the 84th Legislature, Regular | ||
Session, 2015, that becomes law, any dedication of revenue made to | ||
the fund, or any dedication of revenue contained in the legislation | ||
creating the fund. | ||
SECTION 16. ACCOUNTS IN STATE BULLION DEPOSITORY. Section | ||
2 of this Act does not apply to an account in the state bullion | ||
depository created by House Bill No. 483 or similar legislation of | ||
the 84th Legislature, Regular Session, 2015, that becomes law, or | ||
any dedication of revenue made to such an account. | ||
SECTION 17. FUND, ACCOUNT, OR REVENUE DEDICATION: HOUSE | ||
BILL NO. 7. Section 2 of this Act does not apply to a fund, account, | ||
or dedication of revenue created or re-created by House Bill No. 7 | ||
or similar legislation of the 84th Legislature, Regular Session, | ||
2015. | ||
SECTION 18. CONSUMER DIRECTED HEALTH PLAN ACCOUNTS. | ||
Section 2 of this Act does not apply to a consumer directed health | ||
plan account created by House Bill No. 966 or similar legislation | ||
of the 84th Legislature, Regular Session, 2015, that becomes law. | ||
SECTION 19. TEXASSURE FUND. (a) Effective September 1, | ||
2015, Sections 502.357(b) and (c), Transportation Code, are amended | ||
to read as follows: | ||
(b) Fees collected under this section shall be deposited to | ||
the credit of the state highway fund except that the comptroller | ||
shall provide for a portion of the fees to be deposited first to the | ||
credit of a special fund in the state treasury outside the general | ||
revenue fund to be known as the TexasSure Fund in a total amount | ||
that is necessary to cover the total amount appropriated to the | ||
Texas Department of Insurance from that fund and for the remaining | ||
fees to be deposited to the state highway fund. Subject to | ||
appropriations, the money deposited to the credit of the state | ||
highway fund under this section may [ |
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Department of Public Safety to: | ||
(1) support the Department of Public Safety's | ||
reengineering of the driver's license system to provide for the | ||
issuance by the Department of Public Safety of a driver's license or | ||
personal identification certificate, to include use of image | ||
comparison technology; | ||
(2) establish and maintain a system to support the | ||
driver responsibility program under Chapter 708; and | ||
(3) make lease payments to the master lease purchase | ||
program for the financing of the driver's license reengineering | ||
project. | ||
(c) [ |
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fees collected under this section [ |
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Department of Public Safety, the Texas Department of Insurance, the | ||
Department of Information Resources, and the department to carry | ||
out Subchapter N, Chapter 601. | ||
(b) Section 2 of this Act does not apply to the TexasSure | ||
Fund or revenue dedicated to that fund. | ||
SECTION 20. FLOODPLAIN PLANNING, MANAGEMENT, AND | ||
EDUCATION. On September 1, 2015, the floodplain management account | ||
created by Section 16.3161, Water Code, as enacted by Section 7, | ||
Chapter 1323 (S.B. 1436), Acts of the 80th Legislature, Regular | ||
Session, 2007, is re-created by this Act as a special fund in the | ||
state treasury outside the general revenue fund, and all revenue | ||
dedicated for deposit to the credit of the floodplain management | ||
account by a provision of Chapter 1323 (S.B. 1436), Acts of the 80th | ||
Legislature, Regular Session, 2007, is rededicated by this Act for | ||
that purpose, except that revenue deposited to the floodplain | ||
management account may be transferred to the Disaster Contingency | ||
Fund No. 453 to be used for extraordinary costs associated with | ||
flood risk analysis, planning, and public education. On September | ||
1, 2015, the comptroller of public accounts shall transfer all | ||
revenue estimated to be collected for deposit to the credit of the | ||
floodplain management account in the 2016-2017 biennium to the | ||
Disaster Contingency Fund No. 453. Section 2 of this Act does not | ||
apply to the floodplain management account as re-created by this | ||
Act or a dedication of revenue to the account or fund as dedicated | ||
or rededicated by this Act. | ||
SECTION 21. AMENDMENT OF SECTION 403.095, GOVERNMENT CODE. | ||
Effective September 1, 2015, Section 403.095, Government Code, is | ||
amended by amending Subsections (b), (d), and (e) and adding | ||
Subsection (f) to read as follows: | ||
(b) Notwithstanding any law dedicating or setting aside | ||
revenue for a particular purpose or entity, dedicated revenues that | ||
on August 31, 2017 [ |
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appropriated by the General Appropriations Act or other laws | ||
enacted by the 84th [ |
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governmental purposes and are considered available for the purpose | ||
of certification under Section 403.121. | ||
(d) Following certification of the General Appropriations | ||
Act and other appropriations measures enacted by the 84th [ |
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Legislature, the comptroller shall reduce each dedicated account as | ||
directed by the legislature by an amount that may not exceed the | ||
amount by which estimated revenues and unobligated balances exceed | ||
appropriations. The reductions may be made in the amounts and at | ||
the times necessary for cash flow considerations to allow all the | ||
dedicated accounts to maintain adequate cash balances to transact | ||
routine business. The legislature may authorize, in the General | ||
Appropriations Act, the temporary delay of the excess balance | ||
reduction required under this subsection. This subsection does not | ||
apply to revenues or balances in: | ||
(1) funds outside the treasury; | ||
(2) trust funds, which for purposes of this section | ||
include funds that may or are required to be used in whole or in part | ||
for the acquisition, development, construction, or maintenance of | ||
state and local government infrastructures, recreational | ||
facilities, or natural resource conservation facilities; | ||
(3) funds created by the constitution or a court; or | ||
(4) funds for which separate accounting is required by | ||
federal law. | ||
(e) Notwithstanding Subsection (b), dedicated revenues in | ||
the following accounts or funds or that by law are directed to be | ||
deposited to the credit of the following accounts or funds are not | ||
available for general governmental purposes and are not considered | ||
available for certification under Section 403.121: | ||
(1) the Texas Department of Insurance operating | ||
account no. 0036; | ||
(2) the lifetime license endowment account no. 0544; | ||
(3) the permanent fund for health and tobacco | ||
education and enforcement account no. 5044; | ||
(4) the permanent fund for children and public health | ||
account no. 5045; | ||
(5) the permanent fund for emergency medical services | ||
and trauma care account no. 5046; | ||
(6) the permanent fund for rural health facility | ||
capital improvement account no. 5047; | ||
(7) the permanent hospital fund for capital | ||
improvements and the Texas Center for Infectious Disease account | ||
no. 5048; | ||
(8) the child abuse and neglect prevention operating | ||
fund account no. 5084; | ||
(9) the child abuse and neglect prevention trust fund | ||
account no. 5085; and | ||
(10) the separate fund account of each institution of | ||
higher education in the general revenue fund. | ||
(f) This section expires September 1, 2017 [ |
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SECTION 22. EFFECT OF ACT. (a) This Act prevails over any | ||
other Act of the 84th Legislature, Regular Session, 2015, | ||
regardless of the relative dates of enactment, that purports to | ||
create or re-create a special fund or account or to dedicate or | ||
rededicate revenue to a particular purpose, including any fund, | ||
account, or revenue dedication abolished under former Section | ||
403.094, Government Code. | ||
(b) An exemption from the application of Section 403.095, | ||
Government Code, contained in another Act of the 84th Legislature, | ||
Regular Session, 2015, that is exempted from the application of | ||
Section 2 of this Act has no effect. | ||
(c) Revenue that, under the terms of another Act of the 84th | ||
Legislature, Regular Session, 2015, would be deposited to the | ||
credit of a special account or fund shall be deposited to the credit | ||
of the undedicated portion of the general revenue fund unless the | ||
fund, account, or dedication is exempted under this Act. | ||
SECTION 23. EFFECTIVE DATE. Except as otherwise provided | ||
by this Act: | ||
(1) this Act takes effect immediately if this Act | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution; | ||
and | ||
(2) if this Act does not receive the vote necessary for | ||
immediate effect, this Act takes effect on the 91st day after the | ||
last day of the legislative session. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 6 was passed by the House on April 28, | ||
2015, by the following vote: Yeas 141, Nays 1, 1 present, not | ||
voting; that the House refused to concur in Senate amendments to | ||
H.B. No. 6 on May 29, 2015, and requested the appointment of a | ||
conference committee to consider the differences between the two | ||
houses; and that the House adopted the conference committee report | ||
on H.B. No. 6 on May 31, 2015, by the following vote: Yeas 142, | ||
Nays 1, 2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 6 was passed by the Senate, with | ||
amendments, on May 27, 2015, by the following vote: Yeas 31, Nays | ||
0; at the request of the House, the Senate appointed a conference | ||
committee to consider the differences between the two houses; and | ||
that the Senate adopted the conference committee report on H.B. No. | ||
6 on May 31, 2015, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |