1 | 1 | | H.B. No. 3323 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to food system security and resiliency planning. |
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6 | 6 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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7 | 7 | | SECTION 1. Title 2, Agriculture Code, is amended by adding |
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8 | 8 | | Chapter 23 to read as follows: |
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9 | 9 | | CHAPTER 23. FOOD SYSTEM SECURITY |
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10 | 10 | | Sec. 23.001. DEFINITIONS. In this chapter: |
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11 | 11 | | (1) "Council" means the Texas food system security and |
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12 | 12 | | resiliency planning council. |
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13 | 13 | | (2) "Office" means: |
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14 | 14 | | (A) the office of food system security and |
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15 | 15 | | resiliency if that office is established as a division within the |
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16 | 16 | | department by an Act of the 88th Legislature, Regular Session, |
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17 | 17 | | 2023; or |
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18 | 18 | | (B) the food and nutrition division of the |
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19 | 19 | | department if the office of food system security and resiliency is |
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20 | 20 | | not established as a division within the department by an Act of the |
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21 | 21 | | 88th Legislature, Regular Session, 2023. |
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22 | 22 | | Sec. 23.002. TEXAS FOOD SYSTEM SECURITY AND RESILIENCY |
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23 | 23 | | PLANNING COUNCIL. (a) The office shall establish the Texas food |
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24 | 24 | | system security and resiliency planning council. The council is |
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25 | 25 | | composed of the following members: |
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26 | 26 | | (1) three members appointed by the governor; |
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27 | 27 | | (2) three members appointed by the lieutenant |
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28 | 28 | | governor; |
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29 | 29 | | (3) three members appointed by the speaker of the |
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30 | 30 | | house of representatives; |
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31 | 31 | | (4) one member of the Texas Animal Health Commission |
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32 | 32 | | appointed by the governor; |
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33 | 33 | | (5) one member appointed by the commissioner to |
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34 | 34 | | represent food banks; |
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35 | 35 | | (6) one member appointed by the commissioner to |
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36 | 36 | | represent nonprofit organizations that provide home delivered |
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37 | 37 | | meals; |
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38 | 38 | | (7) two members appointed by the commissioner to |
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39 | 39 | | represent agricultural producer organizations, marketing |
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40 | 40 | | associations organized under Chapter 52, or farmers' cooperative |
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41 | 41 | | societies incorporated under Chapter 51; |
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42 | 42 | | (8) the assistant commissioner of agriculture for the |
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43 | 43 | | food and nutrition division as a nonvoting member; |
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44 | 44 | | (9) the director of the Texas A&M AgriLife Extension |
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45 | 45 | | Service as a nonvoting member; and |
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46 | 46 | | (10) one nonvoting member appointed by the executive |
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47 | 47 | | commissioner of the Health and Human Services Commission to |
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48 | 48 | | represent the supplemental nutrition assistance program, the |
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49 | 49 | | federal special supplemental nutrition program for women, infants, |
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50 | 50 | | and children, and the supplemental nutrition assistance |
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51 | 51 | | program-education. |
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52 | 52 | | (b) A person appointed under Subsection (a) must have |
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53 | 53 | | experience in an industry or economic sector involving food |
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54 | 54 | | production or food sales or in a related industry or economic |
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55 | 55 | | sector. |
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56 | 56 | | (c) For the purpose of Subsection (a)(7), the Texas Farm |
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57 | 57 | | Bureau is considered an agricultural producer organization. |
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58 | 58 | | (d) A council member serves at the pleasure of the |
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59 | 59 | | appointing authority. |
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60 | 60 | | (e) The governor shall designate a chair of the council from |
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61 | 61 | | the members the governor appoints. The lieutenant governor shall |
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62 | 62 | | designate a vice chair of the council from the members the |
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63 | 63 | | lieutenant governor appoints. |
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64 | 64 | | (f) The council shall meet at least once quarterly or more |
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65 | 65 | | frequently at the call of the chair. |
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66 | 66 | | (g) A member of the council is not entitled to compensation |
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67 | 67 | | or reimbursement for expenses incurred in performing council |
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68 | 68 | | duties. |
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69 | 69 | | (h) The council shall: |
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70 | 70 | | (1) give guidance to the office; and |
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71 | 71 | | (2) review the state food system security plan |
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72 | 72 | | developed under Section 23.003. |
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73 | 73 | | Sec. 23.003. STATE FOOD SYSTEM SECURITY PLAN. (a) The |
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74 | 74 | | office shall develop a state food system security plan. The plan |
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75 | 75 | | must: |
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76 | 76 | | (1) provide for the orderly development and management |
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77 | 77 | | of food system security throughout this state, including ensuring |
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78 | 78 | | sufficient food is available at a reasonable cost to: |
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79 | 79 | | (A) ensure public health, safety, and welfare; |
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80 | 80 | | (B) further economic development; and |
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81 | 81 | | (C) protect the agricultural and natural |
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82 | 82 | | resources of this state; |
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83 | 83 | | (2) account for times of severe drought conditions, |
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84 | 84 | | natural disasters, man-made disasters, or other calamities; and |
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85 | 85 | | (3) include legislative recommendations that are |
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86 | 86 | | needed or desirable to facilitate the resilience and availability |
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87 | 87 | | of food in this state. |
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88 | 88 | | (b) In developing the plan, the office shall seek the advice |
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89 | 89 | | of: |
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90 | 90 | | (1) the Department of State Health Services; and |
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91 | 91 | | (2) the Parks and Wildlife Department. |
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92 | 92 | | (c) The office shall: |
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93 | 93 | | (1) review and revise as necessary the plan developed |
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94 | 94 | | under Subsection (a) at least once every five years; and |
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95 | 95 | | (2) deliver the plan to the governor, the lieutenant |
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96 | 96 | | governor, the speaker of the house of representatives, and the |
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97 | 97 | | chair of the appropriate committees in each house of the |
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98 | 98 | | legislature. |
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99 | 99 | | Sec. 23.004. FOOD SYSTEM SECURITY PLANNING FUND. (a) In |
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100 | 100 | | this section, "planning fund" means the food system security |
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101 | 101 | | planning fund. |
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102 | 102 | | (b) The planning fund is a dedicated account in the general |
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103 | 103 | | revenue fund and consists of: |
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104 | 104 | | (1) appropriations of money to the planning fund by |
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105 | 105 | | the legislature; |
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106 | 106 | | (2) gifts, grants, including federal grants, and other |
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107 | 107 | | donations received for the planning fund; and |
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108 | 108 | | (3) interest earned on the investment of money in the |
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109 | 109 | | planning fund. |
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110 | 110 | | (c) The planning fund may be used only to administer the |
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111 | 111 | | council under Section 23.002. |
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112 | 112 | | (d) The office may accept gifts, grants, or donations from |
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113 | 113 | | any source that are made for the purposes of this section. Money |
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114 | 114 | | received under this subsection shall be deposited in the planning |
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115 | 115 | | fund. |
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116 | 116 | | Sec. 23.005. BIANNUAL REPORT. (a) The department shall |
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117 | 117 | | report to the legislature biannually on the activities of the |
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118 | 118 | | office and council. The report must contain a description of the |
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119 | 119 | | activities of the council under this chapter. |
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120 | 120 | | (b) This section expires January 14, 2025. |
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121 | 121 | | Sec. 23.006. RULES. The department shall adopt rules |
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122 | 122 | | necessary to administer this chapter. |
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123 | 123 | | SECTION 2. (a) As soon as practicable after the effective |
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124 | 124 | | date of this Act, the Department of Agriculture shall adopt rules |
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125 | 125 | | and procedures as required to implement Chapter 23, Agriculture |
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126 | 126 | | Code, as added by this Act. |
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127 | 127 | | (b) As soon as practicable after the adoption of rules and |
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128 | 128 | | procedures under Subsection (a) of this section, the governor, |
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129 | 129 | | lieutenant governor, speaker of the house of representatives, |
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130 | 130 | | executive commissioner of the Health and Human Services Commission, |
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131 | 131 | | and commissioner of agriculture shall appoint the initial members |
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132 | 132 | | of the Texas food system security and resiliency planning council |
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133 | 133 | | under Section 23.002, Agriculture Code, as added by this Act. |
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134 | 134 | | SECTION 3. Not later than September 1, 2025, the office, as |
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135 | 135 | | that term is defined by Section 23.001, Agriculture Code, as added |
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136 | 136 | | by this Act, shall deliver the initial state food system security |
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137 | 137 | | plan as required by Section 23.003(c), Agriculture Code, as added |
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138 | 138 | | by this Act. |
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139 | 139 | | SECTION 4. This Act takes effect immediately if it receives |
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140 | 140 | | a vote of two-thirds of all the members elected to each house, as |
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141 | 141 | | provided by Section 39, Article III, Texas Constitution. If this |
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142 | 142 | | Act does not receive the vote necessary for immediate effect, this |
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143 | 143 | | Act takes effect September 1, 2023. |
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144 | 144 | | ______________________________ ______________________________ |
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145 | 145 | | President of the Senate Speaker of the House |
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146 | 146 | | I certify that H.B. No. 3323 was passed by the House on May 5, |
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147 | 147 | | 2023, by the following vote: Yeas 92, Nays 49, 2 present, not |
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148 | 148 | | voting; and that the House concurred in Senate amendments to H.B. |
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149 | 149 | | No. 3323 on May 24, 2023, by the following vote: Yeas 94, Nays 49, |
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150 | 150 | | 1 present, not voting. |
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151 | 151 | | ______________________________ |
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152 | 152 | | Chief Clerk of the House |
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153 | 153 | | I certify that H.B. No. 3323 was passed by the Senate, with |
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154 | 154 | | amendments, on May 19, 2023, by the following vote: Yeas 21, Nays |
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155 | 155 | | 10. |
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156 | 156 | | ______________________________ |
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157 | 157 | | Secretary of the Senate |
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158 | 158 | | APPROVED: __________________ |
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159 | 159 | | Date |
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160 | 160 | | __________________ |
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161 | 161 | | Governor |
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