Bill Text: TX HB4651 | 2019-2020 | 86th Legislature | Enrolled

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Bill Title: Relating to the creation of the Harris County Municipal Utility District No. 571; 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) 2019-05-24 - Effective immediately [HB4651 Detail]

Download: Texas-2019-HB4651-Enrolled.html

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H.B. No. 4651

AN ACT
relating to the creation of the Harris County Municipal Utility
District No. 571; 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 8098 to read as follows:
CHAPTER 8098. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 571
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8098.0101. 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 Harris County Municipal
Utility District No. 571.
Sec. 8098.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8098.0103. 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. 8098.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
8098.0103 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. 8098.0105. 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. 8098.0106. 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. 8098.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8098.0202, directors
serve staggered four-year terms.
Sec. 8098.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Binh Chau;
(2) Todd Brown;
(3) Stephanie E. Tabor;
(4) Adlena Leemhuis; and
(5) Jennifer Day.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8098.0103; 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 8098.0103 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 8098.0103; 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. 8098.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8098.0302. 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. 8098.0303. 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. 8098.0304. 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. 8098.0305. 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.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8098.0401. 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 8098.0403.
(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. 8098.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8098.0401, 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. 8098.0403. 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. 8098.0501. 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. 8098.0502. 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. 8098.0503. 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 Harris County Municipal Utility District
No. 571 initially includes all the territory contained in the
following area:
That tract of land situated in the Chauncey Goodrich Survey,
A-311, in Harris County, Texas, and out of the 131.3702 acre tract
described as Tract 2 in the deed from Charles T. Haynes Jr. and
Glenda K. Haynes, Trustees of the Haynes Family Revocable Trust to
Cunningham Interests II, Ltd, recorded under File Number
20120265722, of the Official Public Records of Harris County,
Texas, and out of the 31.4393 acre tract described in the deed from
Lisa M. Krakosky and spouse, Dean M. Krakosky, John P. McShan, Mark
S. McShan, Lisa M. Krakosky and Andrew J. McShan, to APITX 3, LLC,
recorded under File No. RP-2017-304570, of the Official Public
Records of Harris County, Texas, and more particularly described by
metes and bounds as follows:
Basis of bearing is based on the record bearing of aforesaid
Tract 2 (which has a basis of bearing of North 89° 39' 06" East along
the common line of the remainder of the 14 acre tract as described
in a deed filed for record under Harris County Clerk's File
No. R-965836, and the 33.2209 acre tract as described in a deed
filed for record under Harris County Clerk's File No. Z-331462);
BEGINNING at a point (called in RP-2017-304570: a 1 inch iron
pipe next to a rail road beam found on the east right-of-way line of
Telge Road (60 feet wide) as recorded in Vol. 78, Pg. 262, of the
Harris County Deed Records (H.C.D.R.), marking the northwest corner
of a called 27.5033 acre tract of land conveyed to Graceview Baptist
Church, as recorded under H.C.C.F. No. RP-2016-456441, the
southwest corner of said called 31.478 acre tract, and the
southwest corner of the herein described tract) for the southwest
corner of the herein described tract;
THENCE North 00° 13' 02" West - 59.18' (called in
RP-2017-304570: North 02 Deg. 18 Min. 03 Sec. West with the east
right-of-way line of said Telge Road, a distance of 59.18 feet to a
capped 5/8-inch iron rod stamped "Windrose Land Services" set
marking the southwest corner of a called 3.792 acre tract of land
conveyed to Jerry B. Boyd, et ux, as recorded under H.C.C.F.
No. 20080575074, and the westerly northwest corner of the herein
described tract, from which a found 5/8-inch iron rod bears South 78
Deg. 56 Min. 56 Sec. East, a distance of 0.64 feet), to a westerly
northwest corner of the herein described tract;
THENCE North 89° 59' 01" East - 866.69' (called in
RP-2017-304570: North 87 Deg. 54 Min. 00 Sec. East, with the south
line of said called 3.792 acre tract and the south line of a called
5.084 acre tract of land conveyed to E. Wheeler Coe, Jr., and
recorded under H.C.C.F. No. R033492, a distance of 866.69 feet to a
1/2-inch iron rod found marking the southeast corner of said called
5.084 acre tract and an interior corner of the herein described
tract), to an angle corner of the herein described tract;
THENCE North 00° 21' 08" East - 689.64' (called in
RP-2017-304570: North 01 Deg. 43 Min. 53 Sec. West, with the east
line of said called 5.084 acre tract, passing at a distance of
596.19 feet a 5/8-inch iron rod round marking the northeast corner
of said called 5.084 acre tract, and the southeast corner of a
called 3.970 acre tract of land conveyed to Michael C. Vollbrecht,
as recorded under H.C.C.F. No. RP-2016-336364, in all a distance of
689.64 feet to a capped 5/8-inch iron rod stamped "Windrose Land
Services" set marking the southwest corner of a called 17.409 acre
tract of land conveyed to Allen Pennington, as recorded under
H.C.C.F. No. 20140517739, and the northerly northwest corner of the
herein described tract, from which a found 1-inch iron pipe bears
North 48 Deg. 57 Min. 18 Sec. East, a distance of 3.29 feet), to a
westerly northwest corner of the herein described tract;
THENCE North 89° 22' 04" East - 809.13' (called in
RP-2017-304570: North 87 Dec. 17 Min. 03 Sec. East, with the south
line of said called 17.409 acre tract, a distance of 809.13 feet to
a 1-inch iron rod found marking the southeast corner of said called
17.409 acre tract, the southwest corner of a called 3.1720 acre
tract of land conveyed to Mario Jimenez, as recorded under H.C.C.F.
No. 20090343492, and an angle point in the north line of the herein
described tract), to an angle corner of the herein described tract;
THENCE South 89° 59' 34" East - 929.13' (called in
RP-2017-304570: North 87 Deg. 55 Min. 25 Sec. East, with the south
line of said called 3.1720 acre tract, the south line of a called
0.814 acre tract of land conveyed to Timothy James Kraemer, as
recorded under H.C.C.F. No. 20070586673, and the south line of a
called 2.1463 acre tract of land conveyed to Fred Joseph Wonk and
Debra Kathryn Pate, as recorded under H.C.C.F. No. 20130584290, a
distance of 929.13 feet to a 1-inch iron pipe found on the west line
of a called 131.3702 acre tract of land conveyed to Cunningham
Interests II, Ltd., as recorded under H.C.C.F. No. 20120265722,
marking the southeast corner of said 2.1463 acre tract, and the
northeast corner of the herein described tract), to an interior
angle corner of the herein described tract;
THENCE North 00° 04' 02" West - 1.07' (called in 20120265722:
along the common line of said North tract (that certain call 42.2857
acre tract of land described in a deed filed for record under Harris
County Clerk's File No. Z-331458) and said 31.478 acre tract of
land (as described in a deed filed for record under Harris County
Clerk's File No. X-573459) to a 1" iron pipe (found) for angle point
marking the Northeast corner of said 31.478 acre tract of land and
the Southeast corner of Lot 15 in Block 3 of said Treichel Wood
Estates (unrecorded) as described in a deed filed for record under
Harris County Clerk's File No. 2010349120), to an angle corner of
the herein described tract:
THENCE North 00° 21' 36" West - 1247.73' (called in
20120265722: along the common line of said Treichel Wood Estates
and said North tract, passing at call 607.98 feet the Northwest
corner of said North tract and the Southwest corner of the remainder
of said 39.4277 acre tract of land (described in a deed filed for
record under Harris County Clerk's File No. P-215054), a total
distance of 1,247.73 feet to a 3/4" iron pipe (found) in the South
line of Lot 42 of Treichel Wood Estates, (unrecorded), marking the
Northeast corner of Lot 44 in Block 4 of said Treichel Wood Estates
as described in a deed filed for record under Harris County Clerk's
File No. J-673788, the Northwest corner of the remainder of said
39.4277 acre tract of land) to the most northerly northwest corner
of the herein described tract;
THENCE South 89° 59' 48" East - 433.11 (called in 20120265722:
along the common line of the remainder of said 39.4277 acre tract of
land and said Treichel Wood Estates to a 1-1/4" iron pipe (found)
for an angle point marking the Southeast corner of Lot 37 in Block 4
of said Treichel Wood Estates as described in a deed filed for
record under Harris County Clerk's File No. L-094431 and the
Southwest corner of that certain call 1.0629 acre tract of land
known as Tract 10 A as described in a deed filed for record under
Harris County Clerk's File No. S-674840) to an angle corner of the
herein described tract;
THENCE South 89° 58' 37" East - 839.57' (called in
20120265722: along the common line of the remainder of said 39.4277
acre tract of land and said Tract 10A to a 3/4" iron pipe (found) for
angle point marking the Southeast corner of that certain call
3.3726 acre remainder tract of land known as Tract 10 G, 10 G1 and 10
G2 out of that certain call 4.3276 acre tract of land described in a
deed filed for record under Harris County Clerk's File No. G-445448
and the Southwest corner of the remainder of that certain call 17
acre tract of land as described in a deed filed for record in Volume
285, Page 363 of said Harris County Deed Records) to an angle corner
of the herein described tract;
THENCE North 89° 59' 01" East - 34.92' (called in 20120265722:
along the common line of the remainder of said 39.4277 acre tract of
land and the remainder of said 17 acre tract of land to a point for
corner in a Harris County Flood Control Ditch marking the Southeast
corner of the remainder of said 17 acre tract of land, the Southwest
corner of said 3 acre tract of land (described in a deed filed for
record under Harris County Clerk's File No. R-965831)), to an angle
corner of the herein described tract;
THENCE North 89° 59' 00" East - 591.39' (calculated) to
(called in 20120265722: a 2" iron pipe (found) in the North line of
the remainder of said 39.4277 acre tract of land marking the
Southeast corner of the remainder of said 14 acre tract of land
(described in a deed filed for record under Harris County Clerk's
File No. R-965836), the Southwest corner of said 10.08 acre tract
of land (described in a deed filed for record under Harris County
Clerk's File No. B-477153) an angle corner of the herein described
tract;
THENCE South 89° 56' 36" East - 784.05' (called in
20120265722: along the common line of said 10.08 acre and the
remainder of said 39.4277 acre tract of land to a 1" iron pipe
(found bent) in the East line of said Chauncey Goodrich Survey, the
West line of the John Hooper Survey, A-325 in said Harris County,
Texas and the West line of that certain call 1.9160 acre tract of
land known as Tract 2 G as described in a deed filed for record under
Harris County Clerk's File No. H-893093 marking the Southeast
corner of said 10.08 acre tract of land, the Northeast corner of the
remainder of said 39.4277 acre tract) to the northeast corner of the
herein described tract;
THENCE South 00° 55' 02" East - 639.13' (called in
20120265722: along the common line of the remainder of said 39.4277
acre tract of land, said Chauncey Goodrich Survey, said Tract 2 G
and said John Hooper Survey to a 5/8" iron rod (found) for angle
point in the West line of that certain call 8.612 acre tract of land
as described in a deed filed for record under Harris County Clerk's
File No. N-090793 marking the Southeast corner of the remainder of
said 39.4277 acre tract of land the Northeast corner of said North
tract), to an angle corner of the herein described tract;
THENCE South 00° 53' 39" East - 683.76' (called in
20120265722: along the common line of said North tract, said
Chauncey Goodrich Survey, said 8.612 acre tract of land and said
John Hooper Survey to a 5/8" iron rod (found) for angle point in the
West line of that certain call 10.4400 acre tract of land as
described in a deed filed for record under Harris County Clerk's
File No. D-858395 marking the Southeast corner of said North tract
and the Northeast corner of said South tract (that certain call
42.2857 acre tract of land as described in a deed filed for record
under Harris County Clerk's File No. 20090332908)), to an angle
corner of the herein described tract;
THENCE South 01° 31' 34" East - 49.35' (called in 20120265722:
along the common line of said South tract, said Chauncey Goodrich
Survey, said 10.4400 acre tract of land and said John Hooper Survey
to a 1/2" iron rod (found) for angle point marking the Southwest
corner of said 10.4400 acre tract of land and the Northwest corner
of that certain call 1.0000 acre tract of land known as Lot 15 A in
Calvert Subdivision, (unrecorded), as described in a deed filed for
record under Harris County Clerk's File No. D-280475), to an angle
corner of the herein described tract;
THENCE South 00° 53' 06" East - 290.16' (called in
20120265722: along the common line of said South tract, said
Chauncey Goodrich Survey, said Lot 15 A and said John Hooper Survey
to a 1/2" iron rod (found) for angle point marking the Southwest
corner of said Lot 15 A and the Northwest corner of Olin Road,
(60.00 feet in width)), to an angle corner of the herein described
tract;
THENCE South 00° 50' 01" East - 342.17' (called in
20120265722: along the common line of said South tract, said
Chauncey Goodrich Survey, said Olin Road and said John Hooper
Survey, passing at 60.00 feet the Southwest corner of said Olin Road
and the Northwest corner of that certain call 0.04458 acre tract of
land as described in a deed filed for record under Harris County
Clerk's File No. V-223565, a total distance of 342.17 feet, to a
5/8" iron rod (found) in the North line of the John Hooper Survey,
A-375 in said Harris County, Texas and the North line of that
certain call 233 acre tract of land as described in a deed filed for
record in Volume 16, Page 166 of said Harris County Deed Records
marking the Southwest corner of said 0.04458 acre tract of land, the
Southeast corner of said Chauncey Goodrich Survey, A-311, the
Southwest corner of said John Hooper Survey, A-325, the Southeast
corner of said South tract), to the southeast corner of the herein
described tract;
THENCE South 89° 59' 05" West - 1255.61' (called in
20120265722: along the common line of said South tract, said
Chauncey Goodrich Survey, said 233 acre tract of land and said John
Hooper Survey to a 1-1/4" iron pipe (found) for angle point marking
the Northwest corner of said 233 acre tract of land and the
Northeast corner of that certain call 25.25 acre tract of land known
as Tract 2 as described in a deed filed for record under Harris
County Clerk's File No. U-132699), to an angle corner of the herein
described tract;
THENCE South 89° 55' 49" West - 1399.66' (called in
20120265722: along the common line of said South tract, said
Chauncey Goodrich Survey, said Tract 2 and said John Hooper Survey,
passing at call 699.77 feet the Northwest corner of said Tract 2 and
the Northeast corner of that certain call 25.20 acre tract of land
known as Tract 1 as described in a deed filed for record under
Harris County Clerk's File No. U-132699, a total distance of
1,399.66 feet, to a T-Rail (found) for angle point marking the
Northwest corner of said Tract 1 and the Northeast corner of that
certain call 27.507 acre tract of land described in a deed filed for
record under Harris County Clerk's File No. R-075089), to an angle
corner of the herein described tract;
THENCE South 89° 27' 44" West - 48.77' (called in 20120265722:
along the common line of said South tract, said Clauncey Goodrich
Survey, said 27.507 acre tract and said John Hooper Survey to a 1"
iron pipe (found) in the North line of said 27.507 acre tract of
land marking the Southwest corner of said South tract, the
Southeast corner of that certain call 31.478 acre tract of land as
described in a deed filed for record under Harris County Clerk's
File No. X-573459) and (called in RP-2017-304570: a capped 5/8
inch iron rod stamped "Windrose Land Services" set on the north line
of said called 27.5033 acre tract, marking the southwest corner of
said called 131.3702 acre tract, from which a found 1-inch iron pipe
bears South 02 Deg. 17 Min. 53 Sec. East, a distance of 0.49 feet),
and an angle corner of the herein described tract;
THENCE North 89° 58' 31" West - 2611.75' (called in
RP-2017-304570: South 87 Deg. 56 Min. 28 Sec. West, with the north
line of said called 27.5033 acre tract, a distance of 2611.75 feet)
to the POINT OF BEGINNING and containing 155.4 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) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8098, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8098.0306 to read as follows:
Sec. 8098.0306. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) 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. 4651 was passed by the House on April
26, 2019, by the following vote: Yeas 123, Nays 16, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4651 was passed by the Senate on May
10, 2019, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor