73R8088 DWS-F
          By D. Smith of Harris                                 H.B. No. 1888
          Substitute the following for H.B. No. 1888:
          By D. Smith of Harris                             C.S.H.B. No. 1888
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of the sale of checks.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 2, The Sale of Checks Act (Article 489d,
    1-5  Vernon's Texas Civil Statutes), is amended by amending Subsections
    1-6  (c) and (g) and adding Subsection (i) to read as follows:
    1-7        (c)  "Check" means any check, draft, money order, personal
    1-8  money order, or other instrument or means for the transmission or
    1-9  payment of money, including wire, electronic, or other means used
   1-10  to transmit money for a fee or other consideration.
   1-11        (g)  "Commissioner" means the Commissioner of the <State>
   1-12  Banking Department of Texas.
   1-13        (i)  "Commission" means The Finance Commission of Texas.
   1-14        SECTION 2.  Section 4, The Sale of Checks Act (Article 489d,
   1-15  Vernon's Texas Civil Statutes), is amended to read as follows:
   1-16        Sec. 4.  Exemption from Licensing.  (a)  No license to sell
   1-17  checks as aforesaid shall be required hereunder of any of the
   1-18  following:
   1-19              (1) <(a)>  Banks, credit unions, building and loan
   1-20  associations, <and> savings and loan associations, and savings
   1-21  banks whether organized under the laws of this state, another
   1-22  state, or <of> the United States; provided, however, that they do
   1-23  not issue or sell checks, other than traveler's checks, off
   1-24  premises and that they do not issue or sell checks, other than
    2-1  traveler's checks, through agents who are not directly or
    2-2  indirectly owned by them unless the agent is a federally insured
    2-3  bank, credit union, savings and loan association, or savings bank;
    2-4              (2) <(b)  Incorporated telegraph companies insofar as
    2-5  they receive money at any of their respective offices or agencies
    2-6  for immediate transmission by telegraph;>
    2-7              <(c)>  Agents of a licensee, as provided in Section 11;
    2-8  or
    2-9              (3) <(d)>  The United States or any department or
   2-10  agency of the United States.
   2-11        (b)  The Commissioner by rule may exempt a person from this
   2-12  Act or reduce the requirements of Sections 7, 8, 9A, 9B, and 9C of
   2-13  this Act if:
   2-14              (1)  the sale of checks is ancillary to the person's
   2-15  business, is limited to commercial contracts in interstate
   2-16  commerce, and the person does not engage in the business of selling
   2-17  checks to the public; and
   2-18              (2)  the Commissioner determines that the exemption or
   2-19  reduced requirement is in the public interest.
   2-20        SECTION 3.  Section 5, The Sale of Checks Act (Article 489d,
   2-21  Vernon's Texas Civil Statutes), is amended to read as follows:
   2-22        Sec. 5.  Qualifications.  (a)  <To qualify for a license
   2-23  hereunder an applicant shall meet the following requirements:>
   2-24              <(a)  The applicant shall have a net worth of at least
   2-25  Five Hundred Thousand Dollars ($500,000), computed according to
   2-26  generally accepted accounting principles.>
   2-27              <(b)>  The financial responsibility, financial
    3-1  condition, and business experience, and character and general
    3-2  fitness of an <the> applicant for a license shall be such as
    3-3  reasonably to warrant the belief that issuance of a license is in
    3-4  the public interest <applicant's business will be conducted
    3-5  honestly, carefully and efficiently>.  To the extent deemed
    3-6  advisable by the Commissioner, the Commissioner may investigate and
    3-7  consider the qualifications of officers and directors of an
    3-8  applicant in determining whether this qualification has been met.
    3-9        (b)  To qualify for a license under this Act an applicant:
   3-10              (1)  must have a net worth of at least Five Hundred
   3-11  Thousand Dollars ($500,000), computed according to generally
   3-12  accepted accounting principles;
   3-13              (2)  must be in a financial condition that will enable
   3-14  the applicant to safely and soundly engage in the business of
   3-15  selling checks;
   3-16              (3)  may not have been convicted of a felony or a crime
   3-17  involving moral turpitude that is reasonably related to an
   3-18  applicant's fitness to hold a license under this Act, regardless of
   3-19  whether the punishment received was a suspended sentence,
   3-20  probation, or nonadjudicated conviction, if the applicant is an
   3-21  individual;
   3-22              (4)  must be qualified, by experience or otherwise, to
   3-23  perform the obligations of a licensee required under this Act;
   3-24              (5)  must provide a truthful and complete response to
   3-25  requests for information contained in an application for a license;
   3-26              (6)  may not be indebted to the state for a fee or
   3-27  penalty imposed under this Act or a rule of the commission;
    4-1              (7)  must have good moral character and a reputation as
    4-2  a peaceable, law-abiding citizen in the community where the
    4-3  applicant resides, if the applicant is an individual; and
    4-4              (8)  may not be engaged in an activity or practice that
    4-5  the Commissioner finds adversely affects the financial safety and
    4-6  soundness of the applicant.
    4-7        (c)  The commission may adopt rules relating to:
    4-8              (1)  an application for a license;
    4-9              (2)  the financial responsibility, moral character, and
   4-10  ability required of an applicant under this Act to qualify for a
   4-11  license; and
   4-12              (3)  any other matter relating to qualifications for a
   4-13  license necessary to protect the public interest.
   4-14        SECTION 4.  Section 7, The Sale of Checks Act (Article 489d,
   4-15  Vernon's Texas Civil Statutes), is amended to read as follows:
   4-16        Sec. 7.  Accompanying Fee, Statements and Bond.  Each
   4-17  application for a license shall be accompanied by:
   4-18        (a)  An investigation fee in an amount set by the
   4-19  Commissioner that is sufficient to administer this Act <of Five
   4-20  Hundred Dollars ($500)> which shall not be subject to refund but
   4-21  which, if the license be granted, shall constitute the license fee
   4-22  for the first license year or part thereof;
   4-23        (b)  Audited financial statements reasonably satisfactory to
   4-24  the Commissioner;
   4-25        (c)  A surety bond issued by a bonding company or insurance
   4-26  company authorized to do business in this state, in the principal
   4-27  sum of One Hundred Thousand Dollars ($100,000), and, except as
    5-1  provided by this subsection, an additional principal sum of Fifty
    5-2  Thousand Dollars ($50,000) for each location, in excess of one but
    5-3  for not more than the first nine locations, at which the applicant
    5-4  proposes to sell checks in this state.  The maximum amount of a
    5-5  surety bond required under this subsection is Five Hundred Thousand
    5-6  Dollars ($500,000), except the Commissioner, subject to Section 15
    5-7  of this Act, may require a licensee to provide an additional amount
    5-8  over the Five Hundred Thousand Dollars ($500,000) up to a total
    5-9  maximum amount of One Million Dollars ($1,000,000), based on the
   5-10  licensee's financial condition, considered in relation to the
   5-11  dollar volume of the licensee's outstanding checks.  Each<, but in
   5-12  no event shall the bond be required to be in excess of Five Hundred
   5-13  Thousand Dollars ($500,000).  If the bond accompanying the
   5-14  application be in a principal sum of less than Five Hundred
   5-15  Thousand Dollars ($500,000), the> application shall also be
   5-16  accompanied by a list of the locations at which the business is to
   5-17  be conducted.  The bond shall be in form satisfactory to the
   5-18  Commissioner and represents money held in trust for the benefit of
   5-19  check purchasers.  The bond shall run to the state for the benefit
   5-20  of any claimants against the applicant or his agents to secure the
   5-21  faithful performance of the obligations of the applicant and his
   5-22  agents with respect to the receipt, handling, transmission and
   5-23  payment of money in connection with the sale of checks.  The
   5-24  aggregate liability of the surety in no event shall exceed the
   5-25  principal sum of the bond.  If a licensee is in bankruptcy or
   5-26  receivership, claimants against the licensee or the licensee's
   5-27  agents may bring suit directly on the bond for an amount equal to
    6-1  the amount of an unpaid judgment against the licensee or may assert
    6-2  a claim against the bond.  The <Such claimants against the
    6-3  applicant or his agents may themselves bring suit directly on the
    6-4  bond, or the> Attorney General may bring suit in a district court
    6-5  in Travis County on <thereon in> behalf of such claimants, either
    6-6  in one action or successive actions; or
    6-7        (d)  If approved by the Commissioner, in <In> lieu of such
    6-8  corporate surety bond or bonds, or of any portion of the principal
    6-9  thereof as required by this Section, the applicant may deposit with
   6-10  the Commissioner, or with such banks or trust companies or national
   6-11  banks in this state as such applicant may designate and the
   6-12  Commissioner may approve, cash, certificates of deposit,
   6-13  interest-bearing stocks and bonds, notes, debentures or other
   6-14  obligations of the United States or any agency or instrumentality
   6-15  thereof, or guaranteed by the United States, or of this state, or
   6-16  of a city, county, town, village, school district or
   6-17  instrumentality of this state, or guaranteed by this state, or
   6-18  other similar security devices acceptable to the Commissioner,  to
   6-19  an aggregate amount, based upon principal amount or market value,
   6-20  whichever is lower, of not less than the amount of the required
   6-21  corporate surety bond or portion thereof.  A deposit made with the
   6-22  Commissioner under this subsection shall be placed with the Texas
   6-23  Treasury Safekeeping Trust Company and represents money held in
   6-24  trust for the benefit of check purchasers.  The deposit shall be
   6-25  <The securities shall be deposited as aforesaid and> held to secure
   6-26  the same obligations as would the surety bond, but the licensee
   6-27  <depositor> shall be entitled to receive all interest and dividends
    7-1  thereon, shall have the right, with the approval of the
    7-2  Commissioner, to substitute other securities for those deposited,
    7-3  and shall be required so to do on written order of the Commissioner
    7-4  made for good cause shown.
    7-5        SECTION 5.  Section 9, The Sale of Checks Act (Article 489d,
    7-6  Vernon's Texas Civil Statutes), is amended to read as follows:
    7-7        Sec. 9.  Obligations of Licensee.  Each person holding a
    7-8  license under this Act shall at all times when the license is in
    7-9  effect:
   7-10              (a)  Maintain the bond or securities in the amount
   7-11  prescribed by Section 7 and if<;>
   7-12              <(b)  If> the licensee does not have on file or deposit
   7-13  a bond or securities, as aforesaid, in the undiminished principal
   7-14  sum of at least Five Hundred Thousand Dollars ($500,000), file
   7-15  quarterly reports with the Commissioner setting forth the locations
   7-16  at which he sells checks in this state not later than the 45th day
   7-17  after the date of the last day of each quarter of the licensee's
   7-18  fiscal year <as of January 1, April 1, July 1, and October 1 in
   7-19  each year, the report for each such date being due on or before the
   7-20  15th day thereafter>;
   7-21                    (1)  Within ten (10) days following the filing of
   7-22  such a report, the principal sum of the bond or securities shall be
   7-23  increased to reflect any increase in the number of locations, and
   7-24  may be decreased to reflect any decrease in the number of
   7-25  locations;
   7-26                    (2)  If the Commissioner shall at any time
   7-27  reasonably determine that the bond or securities aforesaid are
    8-1  insecure, deficient in amount, or exhausted in whole or part, the
    8-2  Commissioner <he> may by written order require the filing of a new
    8-3  or supplemental bond or the deposit of new or additional securities
    8-4  in order to secure compliance with this Act, such order to be
    8-5  complied with within thirty (30) days following service thereof
    8-6  upon the licensee;
    8-7              (b) <(c)>  Maintain a net worth equal to or greater
    8-8  than the amount then currently prescribed by Section 5 for license
    8-9  applicants; and
   8-10              (c) <(d)>  Have on hand permissible investments in an
   8-11  amount equal to the aggregate face amount of all outstanding checks
   8-12  sold in the United States<, except traveler's checks,> for which
   8-13  the licensee is liable for payment<; however, this subsection does
   8-14  not apply to any licensee with a net worth of not less than Five
   8-15  Million Dollars ($5 million) as shown by audited financial
   8-16  statements reasonably satisfactory to the Commissioner; statements
   8-17  filed under Section 9B of this Act may be used to satisfy this
   8-18  requirement>.
   8-19        SECTION 6.  Section 9B(a), The Sale of Checks Act (Article
   8-20  489d, Vernon's Texas Civil Statutes), is amended to read as
   8-21  follows:
   8-22        (a)  Each year, on a quarterly basis not later than the 45th
   8-23  day after the date of the last day of each quarter of the
   8-24  licensee's fiscal year <May 15, August 15, November 15, and
   8-25  February 15>, each licensee shall file with the Commissioner an
   8-26  unconsolidated financial statement as of the last day of the
   8-27  preceding quarter, including balance sheet, and required reports
    9-1  regarding maintaining permissible investments pursuant to Section 9
    9-2  for the preceding <calendar> quarter submitted on forms furnished
    9-3  by the Commissioner.  In addition, each licensee is <Each year at
    9-4  least one of these unconsolidated financial statements must have
    9-5  been audited before filing.  Licensees who maintain a corporate
    9-6  surety bond or securities, as described by Section 7(c), in a
    9-7  principal sum of at least Five Hundred Thousand Dollars ($500,000)
    9-8  are> required<, however, only> to file an <the> annual audited
    9-9  unconsolidated financial statement not later than the 120th day
   9-10  after the date of the last day of the licensee's fiscal year.
   9-11        SECTION 7.  Section 9C, The Sale of Checks Act (Article 489d,
   9-12  Vernon's Texas Civil Statutes), is amended to read as follows:
   9-13        Sec. 9C.  Trust Imposed on Sales Proceeds.  Licensees and
   9-14  agents <Agents> of licensees shall hold in trust from the moment of
   9-15  receipt the proceeds of a sale or delivery of the licensee's
   9-16  checks.  An agent of a licensee may not commingle the proceeds with
   9-17  his own property or funds, except to use the funds in the ordinary
   9-18  course of its business for the purpose of making change or
   9-19  otherwise, if the proceeds are accounted for at the end of each
   9-20  business day and not commingled with the agent's funds after that
   9-21  accounting.  If any licensee or agent of a licensee commingles any
   9-22  proceeds received from the sale of checks <issued by the licensee>
   9-23  with any other funds or property owned or controlled by the
   9-24  licensee or agent, all commingled proceeds and other property shall
   9-25  be impressed with a trust in favor of the check purchasers
   9-26  <licensee> in an amount equal to the amount of the proceeds <due
   9-27  the licensee> from the sale of checks less the amount of fees paid
   10-1  for <due the agent from> the sale of checks.  In the event that a
   10-2  licensee's license is revoked by the Commissioner pursuant to
   10-3  Section 14, all sales proceeds then held in trust by the licensee
   10-4  and its agents <of that licensee> shall be deemed to have been
   10-5  assigned to the Commissioner for the benefit of check purchasers.
   10-6        SECTION 8.  The Sale of Checks Act (Article 489d, Vernon's
   10-7  Texas Civil Statutes) is amended by adding Sections 9D and 9E to
   10-8  read as follows:
   10-9        Sec. 9D.  MANDATORY REMITTANCE BY AGENT.  An agent of a
  10-10  licensee shall remit to the licensee all funds due from the sale of
  10-11  a check within:
  10-12              (1)  10 days after the date of the sale, unless
  10-13  otherwise ordered by the Commissioner, or a shorter period as the
  10-14  licensee may require; or
  10-15              (2)  a period exceeding 10 days after the date of the
  10-16  sale if the agent has previously deposited with, and during the
  10-17  period maintains on deposit with, an office of a federally insured
  10-18  bank, savings and loan association, or savings bank located in the
  10-19  United States in an account that is in the sole and exclusive name
  10-20  of the licensee an amount that, for each day by which the period
  10-21  exceeds 10 business days, is not less than the aggregate face
  10-22  amount of checks issued by the licensee that the agent usually
  10-23  sells daily.
  10-24        Sec. 9E.  ADMINISTRATION; RULES.  The Banking Department of
  10-25  Texas shall administer this Act.  The commission may adopt rules
  10-26  necessary for the enforcement and orderly administration of this
  10-27  Act.
   11-1        SECTION 9.  Section 13, The Sale of Checks Act (Article 489d,
   11-2  Vernon's Texas Civil Statutes), is amended to read as follows:
   11-3        Sec. 13.  Disclosure of Responsibility.  Every check sold by
   11-4  a licensee, directly or through an agent, shall bear the name and
   11-5  mailing address or telephone number of the licensee clearly
   11-6  imprinted thereon or be accompanied by a written notice delivered
   11-7  to the purchaser at the time of sale containing that information.
   11-8        SECTION 10.  Section 15, The Sale of Checks Act (Article
   11-9  489d, Vernon's Texas Civil Statutes), is amended to read as
  11-10  follows:
  11-11        Sec. 15.  Hearings.  No license shall be denied or revoked
  11-12  except after a hearing thereon.  The Commissioner shall give the
  11-13  applicant or licensee at least twenty (20) days written notice of
  11-14  the time and place of such hearing by registered or certified mail
  11-15  addressed to the principal place of business of such applicant or
  11-16  licensee.  Any order of the Commissioner denying or revoking such
  11-17  license shall state the grounds upon which it is based and shall
  11-18  not be effective until twenty (20) days after written notice
  11-19  thereof has been sent by registered or certified mail to the
  11-20  applicant or licensee at such principal place of business, unless
  11-21  the Commissioner finds that an imminent peril to public health,
  11-22  safety, or welfare exists, in which event the Commissioner may make
  11-23  the order effective immediately.  A licensee may seek court review
  11-24  of the Commissioner's findings and order under the Administrative
  11-25  Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
  11-26  Civil Statutes).
  11-27        SECTION 11.  The Sale of Checks Act (Article 489d, Vernon's
   12-1  Texas Civil Statutes) is amended by adding Section 15A to read as
   12-2  follows:
   12-3        Sec. 15A.  CEASE AND DESIST ORDERS.  (a)  The Commissioner
   12-4  may issue an order to cease and desist from certain violations and
   12-5  practices if the Commissioner determines that a licensee or a
   12-6  person acting on behalf of the licensee has:
   12-7              (1)  violated this Act or a rule adopted under this Act
   12-8  or has violated any other law applicable to the sale of checks or a
   12-9  rule adopted under the other law;
  12-10              (2)  committed a breach of trust or of a fiduciary
  12-11  duty;
  12-12              (3)  committed a fraudulent act or other practice in
  12-13  the conduct of the licensee's business that threatens the solvency
  12-14  of the licensee;
  12-15              (4)  refused to submit to an examination by the
  12-16  Commissioner;
  12-17              (5)  conducted the licensee's business in an unsafe or
  12-18  unauthorized manner; or
  12-19              (6)  violated a condition of the licensee's license or
  12-20  an agreement between the licensee and the Commissioner.
  12-21        (b)  A copy of the order must be served on the licensee and
  12-22  any other person named in the order.  An order takes effect on the
  12-23  date specified in the order but not before the 10th day after the
  12-24  date of its receipt by the licensee or other person named in the
  12-25  order unless the Commissioner finds that immediate and irreparable
  12-26  harm is threatened to the licensee, purchasers or potential
  12-27  purchasers of checks, or the general public.  The licensee shall
   13-1  certify to the Commissioner in writing that each person named in
   13-2  the order and, if the licensee is a corporation, each member of the
   13-3  licensee's board of directors has read and understood the order.
   13-4        (c)  A licensee or other person named in the order may appeal
   13-5  the Commissioner's order to the commission by filing a notice of
   13-6  appeal with the commission not later than the 10th day after the
   13-7  date of receipt of notice of the order.
   13-8        (d)  On receipt of a timely notice of appeal, the commission
   13-9  shall set a time and place for hearing the appeal of the order and
  13-10  give reasonable notice of the hearing to the party filing the
  13-11  appeal.  Unless otherwise provided by this Act, the hearing before
  13-12  the commission shall be conducted in accordance with the
  13-13  Administrative Procedure and Texas Register Act (Article 6252-13a,
  13-14  Vernon's Texas Civil Statutes).  If the commission finds that a
  13-15  party filing an appeal has committed one or more of the violations
  13-16  or practices charged by the Commissioner and that the order is
  13-17  necessary or in the best interests of purchasers of checks, the
  13-18  commission shall affirm the order.  If the commission finds
  13-19  otherwise, the commission shall set aside the order.  The licensee
  13-20  or other person named in the order may appeal the decision of the
  13-21  commission to a district court in Travis County in accordance with
  13-22  the Administrative Procedure and Texas Register Act (Article
  13-23  6252-13a, Vernon's Texas Civil Statutes).
  13-24        (e)  If a licensee or other person named in an order does not
  13-25  comply with a final order, the Attorney General, if requested by
  13-26  the Commissioner, may bring suit in a district court in Travis
  13-27  County against the licensee or other person to enjoin violation of
   14-1  the order.
   14-2        (f)  Nothing in this section diminishes the regulatory or
   14-3  enforcement powers of the Commissioner or the commission under
   14-4  other provisions of this Act or other applicable law.  The
   14-5  Commissioner is not required to proceed under this section before
   14-6  taking regulatory action under Section 14 or 16 of this Act or
   14-7  under any other applicable law.
   14-8        SECTION 12.  Section 16(c), The Sale of Checks Act (Article
   14-9  489d, Vernon's Texas Civil Statutes), is amended to read as
  14-10  follows:
  14-11        (c)  If, after notice and a hearing, the Commissioner finds
  14-12  that a person has violated this Act, <or> a rule adopted under this
  14-13  Act, or an order of the Commissioner issued under this Act, the
  14-14  Commissioner may order the person to pay to the Commissioner a
  14-15  civil penalty in the amount that the Commissioner specifies, except
  14-16  that the amount of the civil penalty may not exceed One Thousand
  14-17  Dollars ($1,000) for each violation or, in the case of a continuing
  14-18  violation, One Thousand Dollars ($1,000) for each day that the
  14-19  violation continues.
  14-20        SECTION 13.  The Sale of Checks Act (Article 489d, Vernon's
  14-21  Texas Civil Statutes) is amended by adding Section 18 to read as
  14-22  follows:
  14-23        Sec. 18.  CONFIDENTIAL INFORMATION.  (a)  Except as provided
  14-24  by Subsection (b) of this section, information obtained by the
  14-25  Commissioner or the commission under this Act from a licensee or
  14-26  through an examination and a file or record of the Banking
  14-27  Department of Texas relating to that information is confidential
   15-1  and may not be disclosed if the information:
   15-2              (1)  relates to the financial condition of the
   15-3  licensee; or
   15-4              (2)  is proprietary information of the licensee, as
   15-5  determined by the Commissioner in the Commissioner's sole
   15-6  discretion.
   15-7        (b)  The Commissioner may release confidential information
   15-8  if:
   15-9              (1)  the information is an annual audited
  15-10  unconsolidated financial statement filed by a licensee as required
  15-11  by Section 9B of this Act;
  15-12              (2)  the Commissioner finds that immediate and
  15-13  irreparable harm is threatened to purchasers or potential
  15-14  purchasers of checks or the general public;
  15-15              (3)  the licensee consents to the release or has
  15-16  published the information contained in the release;
  15-17              (4)  the Commissioner finds that release of the
  15-18  information is required for an administrative hearing, in which
  15-19  case the information may be released to the parties to the hearing
  15-20  on order of the hearings officer; or
  15-21              (5)  the Commissioner finds that the release is
  15-22  reasonably necessary for the protection of the public and in the
  15-23  interest of justice, in which case the information may be released
  15-24  only to a representative of an agency, department, or
  15-25  instrumentality of this state, another state, or the federal
  15-26  government.
  15-27        (c)  Before releasing information that the Commissioner
   16-1  determines is not proprietary under Subsection (a)(2) of this
   16-2  section, the Commissioner shall give the licensee notice of the
   16-3  release.
   16-4        SECTION 14.  (a)  Except as provided by this section, this
   16-5  Act takes effect September 1, 1993.
   16-6        (b)  Sections 2 and 4, The Sale of Checks Act (Article 489d,
   16-7  Vernon's Texas Civil Statutes), as amended by Sections 1 and 2 of
   16-8  this Act, take effect January 1, 1994.
   16-9        (c)  The changes made by this Act to the security
  16-10  requirements provided by Section 7, The Sale of Checks Act (Article
  16-11  489d, Vernon's Texas Civil Statutes), apply to a person holding a
  16-12  license under the Act on September 1, 1993, beginning April 15,
  16-13  1994.
  16-14        SECTION 15.  The importance of this legislation and the
  16-15  crowded condition of the calendars in both houses create an
  16-16  emergency and an imperative public necessity that the
  16-17  constitutional rule requiring bills to be read on three several
  16-18  days in each house be suspended, and this rule is hereby suspended.