4 | 6 | | AN ACT |
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5 | 7 | | relating to the maintenance and operation of certain projects by |
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6 | 8 | | certain drainage districts. |
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7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 10 | | SECTION 1. Chapter 34, Acts of the 57th Legislature, 3rd |
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9 | 11 | | Called Session, 1962, is amended by adding Section 19 to read as |
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10 | 12 | | follows: |
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11 | 13 | | Sec. 19. (a) The District may enter into a project |
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12 | 14 | | partnership agreement with the United States Army Corps of |
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13 | | - | Engineers or an agreement with the General Land Office or another |
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14 | | - | state agency for a project proposed to be located in the District |
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15 | | - | and listed in the Sabine Pass to Galveston Bay, Texas Coastal Storm |
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16 | | - | Risk Management and Ecosystem Restoration report published by the |
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17 | | - | United States Army Corps of Engineers in May 2017. If the District |
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18 | | - | enters into a project partnership agreement or an agreement with |
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19 | | - | the General Land Office or another state agency under this |
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20 | | - | subsection, the District: |
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| 15 | + | Engineers for a project proposed to be located in the District and |
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| 16 | + | listed in the Sabine Pass to Galveston Bay, Texas Coastal Storm Risk |
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| 17 | + | Management and Ecosystem Restoration report published by the United |
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| 18 | + | States Army Corps of Engineers in May 2017. If the District enters |
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| 19 | + | into a project partnership agreement under this subsection, the |
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| 20 | + | District: |
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21 | 21 | | (1) must: |
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22 | 22 | | (A) develop a maintenance and operation plan for |
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23 | 23 | | the proposed project; and |
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24 | 24 | | (B) biennially submit a report to the General |
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25 | 25 | | Land Office and the legislature on: |
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26 | 26 | | (i) expenditures of state money relating to |
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27 | 27 | | a project described by this subsection; and |
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28 | 28 | | (ii) the extent to which additional |
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29 | 29 | | appropriations or additional money from any other source is needed |
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30 | 30 | | for the next biennium; and |
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31 | | - | (2) may enter into an agreement for a public-private |
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32 | | - | partnership to fund a local share of or the costs of the operation |
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33 | | - | and maintenance of a project described by this subsection. |
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| 31 | + | (2) may enter into an agreement: |
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| 32 | + | (A) for a public-private partnership to fund a |
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| 33 | + | local share of or the costs of the operation and maintenance of a |
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| 34 | + | project described by this subsection; or |
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| 35 | + | (B) with the General Land Office to obtain |
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| 36 | + | funding for a local match requirement or the operation and |
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| 37 | + | maintenance of a project described by this subsection. |
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35 | | - | agreement or an agreement with the General Land Office or another |
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36 | | - | state agency under this section before May 1, 2020, the initial |
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37 | | - | report described by Subsection (a)(1)(B) of this section must be |
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38 | | - | submitted not later than June 1, 2020. This subsection expires |
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39 | | - | January 1, 2021. |
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40 | | - | (b) If a project described by Subsection (a) of this section |
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41 | | - | is built in the District, the District may accept money from any |
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42 | | - | source to: |
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| 39 | + | agreement under this section before November 1, 2020, the initial |
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| 40 | + | report described by Subsection (a)(1)(B) must be submitted not |
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| 41 | + | later than December 1, 2020. This subsection expires January 1, |
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| 42 | + | 2021. |
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| 43 | + | (b) If a project described by Subsection (a) is built in the |
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| 44 | + | District, the District may accept money from any source to: |
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43 | 45 | | (1) fund the maintenance and operation of the project; |
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44 | 46 | | and |
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45 | 47 | | (2) provide local matching funds required by the |
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46 | 48 | | project partnership agreement with the United States Army Corps of |
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47 | 49 | | Engineers. |
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48 | 50 | | SECTION 2. Chapter 307, Acts of the 58th Legislature, |
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49 | 51 | | Regular Session, 1963, is amended by adding Section 20 to read as |
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50 | 52 | | follows: |
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51 | 53 | | Sec. 20. (a) The District may enter into a project |
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52 | 54 | | partnership agreement with the United States Army Corps of |
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53 | | - | Engineers or an agreement with the General Land Office or another |
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54 | | - | state agency for a project proposed to be located in the District |
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55 | | - | and listed in the Sabine Pass to Galveston Bay, Texas Coastal Storm |
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56 | | - | Risk Management and Ecosystem Restoration report published by the |
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57 | | - | United States Army Corps of Engineers in May 2017. If the District |
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58 | | - | enters into a project partnership agreement or an agreement with |
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59 | | - | the General Land Office or another state agency under this |
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60 | | - | subsection, the District: |
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| 55 | + | Engineers for a project proposed to be located in the District and |
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| 56 | + | listed in the Sabine Pass to Galveston Bay, Texas Coastal Storm Risk |
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| 57 | + | Management and Ecosystem Restoration report published by the United |
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| 58 | + | States Army Corps of Engineers in May 2017. If the District enters |
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| 59 | + | into a project partnership agreement under this subsection, the |
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| 60 | + | District: |
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61 | 61 | | (1) must: |
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62 | 62 | | (A) develop a maintenance and operation plan for |
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63 | 63 | | the proposed project; and |
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64 | 64 | | (B) biennially submit a report to the General |
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65 | 65 | | Land Office and the legislature on: |
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66 | 66 | | (i) expenditures of state money relating to |
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67 | 67 | | a project described by this subsection; and |
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68 | 68 | | (ii) the extent to which additional |
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69 | 69 | | appropriations or additional money from any other source is needed |
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70 | 70 | | for the next biennium; and |
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71 | | - | (2) may enter into an agreement for a public-private |
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72 | | - | partnership to fund a local share of or the costs of the operation |
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73 | | - | and maintenance of a project described by this subsection. |
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| 71 | + | (2) may enter into an agreement: |
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| 72 | + | (A) for a public-private partnership to fund a |
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| 73 | + | local share of or the costs of the operation and maintenance of a |
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| 74 | + | project described by this subsection; or |
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| 75 | + | (B) with the General Land Office to obtain |
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| 76 | + | funding for a local match requirement or the operation and |
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| 77 | + | maintenance of a project described by this subsection. |
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75 | | - | agreement or an agreement with the General Land Office or another |
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76 | | - | state agency under this section before May 1, 2020, the initial |
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77 | | - | report described by Subsection (a)(1)(B) of this section must be |
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78 | | - | submitted not later than June 1, 2020. This subsection expires |
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79 | | - | January 1, 2021. |
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80 | | - | (b) If a project described by Subsection (a) of this section |
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81 | | - | is built in the District, the District may accept money from any |
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82 | | - | source to: |
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| 79 | + | agreement under this section before November 1, 2020, the initial |
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| 80 | + | report described by Subsection (a)(1)(B) must be submitted not |
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| 81 | + | later than December 1, 2020. This subsection expires January 1, |
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| 82 | + | 2021. |
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| 83 | + | (b) If a project described by Subsection (a) is built in the |
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| 84 | + | District, the District may accept money from any source to: |
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83 | 85 | | (1) fund the maintenance and operation of the project; |
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84 | 86 | | and |
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85 | 87 | | (2) provide local matching funds required by the |
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86 | 88 | | project partnership agreement with the United States Army Corps of |
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87 | 89 | | Engineers. |
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88 | 90 | | SECTION 3. Chapter 44, Acts of the 57th Legislature, 3rd |
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89 | 91 | | Called Session, 1962, is amended by adding Section 14 to read as |
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90 | 92 | | follows: |
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91 | 93 | | Sec. 14. (a) The District may enter into a project |
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92 | 94 | | partnership agreement with the United States Army Corps of |
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93 | | - | Engineers or an agreement with the General Land Office or another |
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94 | | - | state agency for a project proposed to be located in the District |
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95 | | - | and listed in the Sabine Pass to Galveston Bay, Texas Coastal Storm |
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96 | | - | Risk Management and Ecosystem Restoration report published by the |
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97 | | - | United States Army Corps of Engineers in May 2017. If the District |
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98 | | - | enters into a project partnership agreement or an agreement with |
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99 | | - | the General Land Office or another state agency under this |
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100 | | - | subsection, the District: |
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| 95 | + | Engineers for a project proposed to be located in the District and |
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| 96 | + | listed in the Sabine Pass to Galveston Bay, Texas Coastal Storm Risk |
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| 97 | + | Management and Ecosystem Restoration report published by the United |
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| 98 | + | States Army Corps of Engineers in May 2017. If the District enters |
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| 99 | + | into a project partnership agreement under this subsection, the |
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| 100 | + | District: |
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101 | 101 | | (1) must: |
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102 | 102 | | (A) develop a maintenance and operation plan for |
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103 | 103 | | the proposed project; and |
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104 | 104 | | (B) biennially submit a report to the General |
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105 | 105 | | Land Office and the legislature on: |
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106 | 106 | | (i) expenditures of state money relating to |
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107 | 107 | | a project described by this subsection; and |
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108 | 108 | | (ii) the extent to which additional |
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109 | 109 | | appropriations or additional money from any other source is needed |
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110 | 110 | | for the next biennium; and |
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111 | | - | (2) may enter into an agreement for a public-private |
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112 | | - | partnership to fund a local share of or the costs of the operation |
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113 | | - | and maintenance of a project described by this subsection. |
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| 111 | + | (2) may enter into an agreement: |
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| 112 | + | (A) for a public-private partnership to fund a |
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| 113 | + | local share of or the costs of the operation and maintenance of a |
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| 114 | + | project described by this subsection; or |
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| 115 | + | (B) with the General Land Office to obtain |
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| 116 | + | funding for a local match requirement or the operation and |
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| 117 | + | maintenance of a project described by this subsection. |
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115 | | - | agreement or an agreement with the General Land Office or another |
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116 | | - | state agency under this section before May 1, 2020, the initial |
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117 | | - | report described by Subsection (a)(1)(B) of this section must be |
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118 | | - | submitted not later than June 1, 2020. This subsection expires |
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119 | | - | January 1, 2021. |
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120 | | - | (b) If a project described by Subsection (a) of this section |
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121 | | - | is built in the District, the District may accept money from any |
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122 | | - | source to: |
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| 119 | + | agreement under this section before November 1, 2020, the initial |
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| 120 | + | report described by Subsection (a)(1)(B) must be submitted not |
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| 121 | + | later than December 1, 2020. This subsection expires January 1, |
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| 122 | + | 2021. |
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| 123 | + | (b) If a project described by Subsection (a) is built in the |
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| 124 | + | District, the District may accept money from any source to: |
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129 | | - | ______________________________ ______________________________ |
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130 | | - | President of the Senate Speaker of the House |
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131 | | - | I hereby certify that S.B. No. 2212 passed the Senate on |
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132 | | - | April 16, 2019, by the following vote: Yeas 31, Nays 0; and that |
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133 | | - | the Senate concurred in House amendment on May 24, 2019, by the |
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134 | | - | following vote: Yeas 31, Nays 0. |
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135 | | - | ______________________________ |
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136 | | - | Secretary of the Senate |
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137 | | - | I hereby certify that S.B. No. 2212 passed the House, with |
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138 | | - | amendment, on May 21, 2019, by the following vote: Yeas 147, |
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139 | | - | Nays 0, one present not voting. |
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140 | | - | ______________________________ |
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141 | | - | Chief Clerk of the House |
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142 | | - | Approved: |
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143 | | - | ______________________________ |
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144 | | - | Date |
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145 | | - | ______________________________ |
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146 | | - | Governor |
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