By Coleman H.B. No. 2283 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the registration of and financial reporting by 1-3 charitable organizations and to the prohibition of deceptive 1-4 practices in the solicitation of contributions. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subtitle C, Title 9, Property Code, is amended by 1-7 adding Chapter 122 to read as follows: 1-8 CHAPTER 122. REGISTRATION, REPORTING AND SOLICITATION BY 1-9 CHARITABLE ORGANIZATIONS 1-10 Sec. 122.001. SCOPE OF ACT; SHORT TITLE. (a) Except as 1-11 provided by this chapter, this chapter applies to all charitable 1-12 organizations and to all persons who are fiduciaries, trustees, 1-13 directors, managers or officers for any charitable organization 1-14 created, organized, or doing business in Texas. Solicitation from 1-15 the public in Texas shall be considered doing business in Texas. 1-16 (b) This chapter may be cited as the Charities Registration 1-17 and Reporting Act. 1-18 Sec. 122.002. DEFINITIONS. In this chapter and for purposes 1-19 of this chapter only: 1-20 (1) "Charitable organization" means: 1-21 (a) an entity that is exempt or has applied for 1-22 exemption from state or local taxation as an institution of purely 1-23 public charity or from federal taxes pursuant to Section 501(c)(3) 2-1 of the Internal Revenue Code of 1986; 2-2 (b) A civic league or other organization classified by 2-3 the Internal Revenue Service under Section 501(c)(4) of the 2-4 Internal Revenue Code of 1986 if the organization solicits 2-5 contributions for charitable purposes from the public; 2-6 (c) a domestic fraternal society, order, or 2-7 association operating under the lodge system classified by the 2-8 Internal Revenue Service under Section 501(c)(10) of the Internal 2-9 Revenue Code of 1986 if the organization solicits contributions for 2-10 charitable purposes from the public; 2-11 (d) a veteran's organization classified by the 2-12 Internal Revenue Service under Section 501(c)(19) of the Internal 2-13 Revenue Code of 1986 if the organization solicits contributions for 2-14 charitable purposes from the public; 2-15 (e) any corporation organized under the Texas 2-16 Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's 2-17 Texas Civil Statutes) for public benefit, charitable or 2-18 eleemosynary purposes and any not-for-profit foreign corporation 2-19 soliciting charitable contributions, doing business or holding 2-20 property in this state for public benefit, charitable, or 2-21 eleemosynary purposes, but not including any foreign corporation 2-22 engaged solely in the expenditure of funds in this state for 2-23 charitable or public benefit purposes; 2-24 (f) any other organization which represents itself to 2-25 be established for a charitable purpose; or 3-1 (g) any person who solicits contributions from the 3-2 public with the representation that all or part of the contribution 3-3 will be used for a charitable purpose, except any for-profit entity 3-4 which, as part of a marketing program, advertises that a portion of 3-5 the purchase price of any of its own goods or services will be 3-6 contributed to a charitable organization if the for-profit entity, 3-7 as part of the advertising or promotion discloses the following: 3-8 (i) the name of the charitable organization which will 3-9 receive contributions; and 3-10 (ii) the total amount of money or percentage of 3-11 purchase price which will be contributed; 3-12 (2) "Charitable purpose" means any charitable, 3-13 benevolent, philanthropic, patriotic, religious, social service, 3-14 welfare, educational, eleemosynary, cultural, artistic, or public 3-15 interest purpose, whether actual or purported. 3-16 (3) "Commercial solicitor", means a person who, for 3-17 compensation, solicits in this state or employs, engages or 3-18 provides, directly or indirectly, another person who is paid to 3-19 solicit in this state. "Commercial solicitor" does not include an 3-20 attorney, investment counselor or employee of a financial 3-21 institution who advises a person to make a charitable contribution, 3-22 a bona fide employee, volunteer, wholly owned subsidiary or 3-23 salaried officer of a charitable organization, an employee of a 3-24 temporary help agency who is placed with a charitable organization 3-25 or a bona fide employee of a person who employs another person to 4-1 solicit in this state. "Commercial solicitor" does not include a 4-2 person who, for compensation, plans, manages, advises, consults or 4-3 prepares material for, or with respect to, solicitation in this 4-4 state for a charitable organization, but who does not solicit, does 4-5 not employ, engage or provide any person who is paid to solicit 4-6 contributions and who does not at any time have custody or control 4-7 of contributions from a solicitation for a charitable organization 4-8 that is required to be registered under this chapter. 4-9 (4) "Contribution" means the promise or grant of any 4-10 money or property of any kind or value, including the promise to 4-11 pay, or payment for merchandise or rights of any other description 4-12 when representation is made that the whole or any part of the price 4-13 or donation will be applied to a charitable purpose. 4-14 (5) "Operating instrument" means any written 4-15 instrument that establishes or governs the operations of a 4-16 charitable organization. The term includes the original and any 4-17 amendment to: 4-18 (a) articles of incorporation and dissolution; 4-19 (b) bylaws; 4-20 (c) trust indenture or other instrument that 4-21 established a charitable organization. 4-22 (6) "Person" means an individual, partnership, 4-23 corporation, association, or other group, however organized. 4-24 (7) "Solicit" means to request, directly or 4-25 indirectly, a contribution and to state or imply that the 5-1 contribution will be used in whole or in part for a charitable 5-2 purpose or to benefit a charitable organization. 5-3 (8) "Solicitation" means the act or practice of 5-4 soliciting, whether or not the person soliciting receives any 5-5 contribution. "Solicitation" includes any of the following methods 5-6 of requesting or securing a contribution; 5-7 (a) an oral or written request; 5-8 (b) an announcement to the news media or by radio, 5-9 television, telephone, telegraph or other transmission of images or 5-10 information concerning the request for contributions by or for a 5-11 charitable organization or charitable purpose; 5-12 (c) the distribution or posting of a handbill, written 5-13 advertisement or other publication which directly or by implication 5-14 seeks contributions; 5-15 (d) the sale of, or offer or attempt to sell, a 5-16 membership or an advertisement, advertising space, book, card, tag, 5-17 coupon, device, magazine, merchandise, subscription, flower, 5-18 ticket, candy, cooky or other tangible item in connection with any 5-19 of the following: 5-20 (i) a request for financial support for a 5-21 charitable organization or charitable purpose; 5-22 (ii) the use of or reference to the name of a 5-23 charitable organization as a reason for making a purchase; or 5-24 (iii) a statement that all or a part of the 5-25 proceeds from the sale will be used for a charitable purpose or 6-1 will benefit a charitable organization. 6-2 (9) Solicitation "from the public" means a 6-3 solicitation to persons regardless of their connection to the 6-4 charitable organization. Soliciting only those persons having some 6-5 direct interest in the charitable organization such as members, 6-6 alumni, persons who have used the services of the soliciting 6-7 charitable organization or the direct beneficiaries or families of 6-8 direct beneficiaries of the soliciting charitable organization 6-9 shall not be considered solicitation from the public. Soliciting 6-10 prior donors who are not otherwise interested in the organization 6-11 as described above shall constitute a solicitation "from the 6-12 public". 6-13 (10) "Trustee" means any individual, group of 6-14 individuals, corporation, or other legal entity that holds, 6-15 manages, or administers the property or affairs of a charitable 6-16 organization. 6-17 Sec. 122.003. EXEMPTIONS. This subchapter does not apply 6-18 to: 6-19 (1) governmental entities or any corporation chartered 6-20 by the United States; 6-21 (2) churches or other religious societies which are 6-22 exempt from filing a federal informational return pursuant to 6-23 Sections 6033(a)(2)(A)(i) and (iii) and Section 6033 (a)(2)(B) of 6-24 the Internal Revenue Code of 1986 and the regulations, revenue 6-25 procedures and revenue rulings promulgated pursuant to those 7-1 sections; 7-2 (3) a charitable organization that has gross receipts 7-3 in each taxable year of less than $25,000; 7-4 Sec. 122.004. REGISTER OF CHARITABLE ORGANIZATIONS. (a) 7-5 The Attorney General shall establish and maintain a register of 7-6 charitable organizations subject to this chapter that contains the 7-7 operating instruments and annual returns filed under this chapter. 7-8 (b) All documents required to be regularly filed with the 7-9 Attorney General under this chapter shall be available to the 7-10 public for inspection and copying during regular business hours. 7-11 The Attorney General may establish and charge a reasonable fee for 7-12 providing and copying documents. 7-13 Sec. 122.005. REGISTRATION. The trustees of each charitable 7-14 organization shall register with the Attorney General in the 7-15 following manner: 7-16 (a) The trustees shall file with the Attorney General 7-17 a copy of the following documents: 7-18 (1) The current operating instruments of the 7-19 charitable organization; 7-20 (2) Internal Revenue Service Forms 1023, 1024 or other 7-21 documents and forms mailed to or filed with the Internal Revenue 7-22 Service that are in furtherance of an application for exemption 7-23 from federal taxation under Section 501(c) of the Internal Revenue 7-24 Code of 1986; 7-25 (3) each Internal Revenue Service reporting form 8-1 (including forms 990, 990PF and 990T) including all schedules and 8-2 attachments, that the charitable organization has mailed to or 8-3 filed with the Internal Revenue Service from calendar years 1990, 8-4 1991 and 1992 or from the date the charitable organization was 8-5 first required to file federal returns under the Internal Revenue 8-6 Code, whichever is later. 8-7 (4) a statement, sworn to by one or more of the 8-8 trustees, listing the documents filed with the Attorney General, 8-9 stating that the information contained in the documents is true and 8-10 correct and that the documents submitted are all of the documents 8-11 required to be filed under this statute. 8-12 (b) The trustees of a charitable organization who are unable 8-13 to produce each of the operating instruments for the charitable 8-14 organization shall file, in lieu of the instrument or instruments, 8-15 a sworn statement, signed by each trustee, setting forth the name, 8-16 estimated organizational date, and purpose of the organization, the 8-17 title, date of appointment, powers and duties of the trustees for 8-18 the charitable organization within 180 days after the creation of 8-19 the organization or September 1, 1993, whichever is later. 8-20 (c) Amendments to operating instruments that are made 8-21 subsequent to the time limits provided by this section shall be 8-22 filed by the trustees with the next annual return. 8-23 (d) TIME FOR FILING. Before beginning any solicitation from 8-24 the public and within 180 days of the latest of the following 8-25 dates: 9-1 (i) the date the charitable organization was 9-2 created or became vested or irrevocable; 9-3 (ii) the date the instrument creating the 9-4 charitable organization was admitted to probate under the Texas 9-5 Probate Code; 9-6 (iii) the date of his/her appointment as 9-7 trustee; or 9-8 (iv) September 1, 1993. 9-9 (e) CLAIMING EXEMPTION. A charitable organization that 9-10 wishes to claim an exemption as provided under Section 122.003 of 9-11 this chapter shall claim the exemption by filing a written notice 9-12 of exemption with the Attorney General setting forth the specific 9-13 basis for exemption. The written notice shall be signed and 9-14 verified. The Attorney General shall file the written notice of 9-15 exemption as submitted by each charitable organization. The 9-16 Attorney General may reject the claimed exemption only upon written 9-17 notice to the charitable organization. 9-18 Sec. 122.006. FILING OF ANNUAL RETURNS. The trustees of 9-19 each charitable organization that is required by the Internal 9-20 Revenue Code to file a federal annual information return shall mail 9-21 or deliver a copy of its federal return to the Attorney General 9-22 simultaneously with the mailing or delivery of the return to the 9-23 Internal Revenue Service. The charitable organization must submit 9-24 a complete copy of its return to the Attorney General except that 9-25 it shall not attach a list of contributors as may be required as 10-1 part of the submission to the Internal Revenue Service. 10-2 Sec. 122.007. FILING FEE FOR REGISTRATION AND ANNUAL 10-3 RETURNS. The Attorney General shall charge and collect the 10-4 following fees: 10-5 (1) For filing initial registration materials, as required 10-6 by Section 122.005: 10-7 (a) $25.00 for organizations with gross revenue of 10-8 less than $100,000 in the preceding fiscal year; 10-9 (b) $50.00 for organizations with gross revenue of 10-10 $100,000.00 or more in the preceding fiscal year; 10-11 (2) For filing subsequent annual returns and amendments to 10-12 registration documents, as required by Sections 122.005(d) and 10-13 122.006, $25.00. 10-14 (3) The Attorney General shall not accept for filing any 10-15 documents not accompanied by the appropriate filing fee. 10-16 Sec. 122.008. DISSOLUTION OF A CHARITABLE ORGANIZATION. The 10-17 trustees of a charitable organization required to register under 10-18 this act shall file a copy of the articles of dissolution or other 10-19 document evidencing dissolution of the charitable organization at 10-20 the time of their filing with the Secretary of State or within 180 10-21 days of the document's execution. There shall be no filing fee for 10-22 dissolution documents. 10-23 Sec. 122.009 COMPLIANCE REQUIRED BEFORE CONDUCTING PUBLIC 10-24 SOLICITATION. No charitable organization subject to this act may 10-25 solicit contributions from the public until it has filed the 11-1 documents required by Section 122.005 and complied with the 11-2 requirements of Sections 122.006 and 122.007. 11-3 Sec. 122.010. NOTIFICATION OF NONCOMPLIANCE. The trustees 11-4 of any charitable organization which is not in compliance with the 11-5 provisions of this chapter shall be notified, by the Attorney 11-6 General by first class mail at the organization's last reported 11-7 address, of the noncompliance. Noncompliance shall include failure 11-8 to file any documents required by this chapter, the filing of 11-9 incomplete documents or the filing of documents containing false, 11-10 misleading or deceptive information. 11-11 Sec. 122.011. CONTINUED NONCOMPLIANCE (a) After the 11-12 expiration of thirty (30) days after the date on which the notice 11-13 is mailed to a charitable organization and on the continued 11-14 noncompliance of the charitable organization the failure to comply 11-15 shall constitute a violation of this statute and: 11-16 (1) a breach of fiduciary duty by the trustees in any 11-17 action brought by the Attorney General; and 11-18 (2) a violation which subjects the charitable 11-19 organization to loss of state tax exemptions from state franchise, 11-20 sales, and property taxes in accordance with Sections 11.29, 11-21 151.310 and 171.084, Tax Code. 11-22 (3) a violation which subjects the charitable 11-23 organization to action by the Attorney General pursuant to Section 11-24 122.022 of this Act. 11-25 Sec. 122.012. FALSE, MISLEADING, OR DECEPTIVE ACTS IN 12-1 SOLICITATION PROHIBITED AND REMEDIES PROVIDED. (a) False, 12-2 misleading, or deceptive acts or practices in the conduct of any 12-3 solicitation by or on behalf of any charitable organization, 12-4 whether or not the organization is required to be registered under 12-5 this Chapter, are hereby declared unlawful and are subject to 12-6 public or private action as provided by the Texas Deceptive Trade 12-7 Practices-Consumer Protection Act, Section 17.41 et seq., Business 12-8 and Commerce Code." 12-9 (b) False, misleading, or deceptive acts or practices 12-10 include, but are not limited to, the following acts: 12-11 (1) any act specifically enumerated in a subdivision 12-12 of Subsection (b) of Section 17.46 of the Texas Deceptive Trade 12-13 Practices-Consumer Protection Act; 12-14 (2) causing confusion or misunderstanding as to the 12-15 sponsorship, approval or certification of any solicitation, 12-16 including mentioning the name of a charitable organization as a 12-17 beneficiary of the solicitation unless that organization has agreed 12-18 in writing to accept benefits of the solicitation. 12-19 (3) causing confusion or misunderstanding as to the 12-20 identity of the individual, entity or charitable organization 12-21 conducting the solicitation; 12-22 (4) Falsely representing or implying that the 12-23 solicitor is a volunteer; 12-24 (5) misrepresenting the purposes for which 12-25 contributions will be used; 13-1 (6) Soliciting for a renewal, annual dues, annual 13-2 contribution or otherwise implying that the consumer or prospective 13-3 donor has previously made a contribution to the charitable 13-4 organization unless that is the case; 13-5 (7) Sending a solicitation which is or appears to be 13-6 an invoice or bill unless the consumer or prospective donor has 13-7 specifically agreed to make a contribution; 13-8 (8) Exploiting or using the fact of filing with the 13-9 Attorney General in such a manner as to lead any person to believe 13-10 that the filing in any manner constitutes an endorsement or 13-11 approval by the state. 13-12 (c) Filing incomplete, false or misleading information in 13-13 any document required to be filed with the Attorney General under 13-14 this section is unlawful and is subject to action by the Attorney 13-15 General as provided in Section 122.014. 13-16 Sec. 122.013. AUDIT POWERS OF THE ATTORNEY GENERAL. (a) 13-17 All books and records of a charitable organization shall be made 13-18 available to the Attorney General upon written request by the 13-19 Attorney General. 13-20 (b) A charitable organization shall make available the 13-21 information requested by the Attorney General at the organization's 13-22 principal place of business or as otherwise agreed by the parties 13-23 within ten (10) working days of the date of the Attorney General's 13-24 request. 13-25 (c) This section is in addition to and does not limit any 14-1 other common law or statutory audit or investigative authority of 14-2 the Attorney General. 14-3 Sec. 122.014. REMEDIES. (a) The Attorney General may 14-4 institute an action for failure to comply with any provision of 14-5 this statute, seeking injunctive relief to restrain the person from 14-6 continuing the violation or violations and for civil penalties not 14-7 less than $1,000 and not more than $25,000 per violation. 14-8 (b) The remedies authorized by this chapter are not 14-9 exclusive, but are in addition to any other procedure or remedies 14-10 provided for by any other common or statutory law. Action by the 14-11 Attorney General or other governmental entities against charitable 14-12 organizations under such other law and principles does not require 14-13 prior notification as set forth in 122.008 of this Chapter. 14-14 (c) In any proceeding brought by the Attorney General under 14-15 this chapter, the Attorney General may recover civil penalties and 14-16 the reasonable expenses incurred in bringing the suit, including 14-17 court costs, investigative costs, witness fees, deposition costs 14-18 and reasonable attorney's fees. 14-19 Sec. 122.015. VENUE. In any proceeding under this chapter, 14-20 venue shall be in a court of competent jurisdiction in Travis 14-21 County, in the county in which the charitable organization is 14-22 located or in the county in which solicitation occurred. 14-23 Sec. 122.016. RULES. The Attorney General may prescribe any 14-24 rules, procedures and forms necessary for the proper administration 14-25 of this chapter. 15-1 Sec. 122.017. CONTRARY PROVISIONS INVALID. This chapter 15-2 applies without regard to contrary provisions in any operating 15-3 instrument or contract. 15-4 Sec. 122.018. SEVERABILITY. If any provision of this 15-5 chapter is or becomes invalid, illegal or unenforceable in any 15-6 respect, the remaining provisions hereof shall not be in any way 15-7 affected or impaired thereby. 15-8 SECTION 2. Section 151.310, Tax Code, is amended by amending 15-9 Subsection (a) and by adding Subsection (e) to read as follows: 15-10 (a) Except as provided by Subsection (e) of this section, a 15-11 (A) taxable item sold, leased, or rented to, or stored, used, or 15-12 consumed by, any of the following organizations is exempted from 15-13 the taxes imposed by this chapter: 15-14 (1) an organization created for religious, 15-15 educational, or charitable purposes if no part of the net earnings 15-16 of the organization benefits a private shareholder or individual 15-17 and the items purchased are related to the purpose of the 15-18 organization; 15-19 (2) an organization qualifying for an exemption from 15-20 federal income taxes under Section 501(c)(3), (4), (8), (10), or 15-21 (19), Internal Revenue code, if the item sold, leased, rented, 15-22 stored, used, or consumed relates to the purpose of the exempted 15-23 organization and the item is not used for the personal benefit of a 15-24 private stockholder or individual; 15-25 (3) a nonprofit organization engaged exclusively in 16-1 providing athletic competition among persons under 19 years old if 16-2 no financial benefit goes to an individual or shareholder; 16-3 (4) a company, department, or association organized 16-4 for the purpose of answering fire alarms and extinguishing fires, 16-5 and providing emergency medical services, the members of which 16-6 receive no compensation or only nominal compensation for their 16-7 services rendered, if the taxable item is used exclusively by the 16-8 company, department, or association; or 16-9 (5) a chamber of commerce or a convention and tourist 16-10 promotional agency representing at least one Texas city or county 16-11 if the chamber of commerce or the agency is not organized for 16-12 profit and no part of its net earnings inures to a private 16-13 shareholder or other individual. 16-14 (e) The Attorney General shall periodically certify to the 16-15 Comptroller of Public Accounts the name of each charitable 16-16 organization that has failed to file an annual report, to pay a 16-17 registration fee, or to perform an act required under the Charities 16-18 Registration Reporting Act (Chapter 122, Property Code). 16-19 Certification of a charitable organization under this subsection 16-20 may not be made before the 30th day after the date on which the 16-21 Attorney General notifies the charitable organization of the 16-22 noncompliance under Section 122.010, Property Code, and then only 16-23 if the charitable organization has continued to fail to comply. An 16-24 exemption from taxes granted under Subsection (a) of this section 16-25 shall be revoked or denied to any charitable organization for which 17-1 certification has been given under this subsection. The 17-2 comptroller may revoke or deny an exemption to any charitable 17-3 organization that has failed to comply with this act regardless of 17-4 certification from the Attorney General, provided that thirty (30) 17-5 days prior to such denial or revocation the Comptroller has 17-6 notified the charitable organization of noncompliance and the 17-7 organization has continued to fail to comply. An exemption that 17-8 has been revoked or denied may be reinstated on certification by 17-9 the Attorney General to the Comptroller that the charitable 17-10 organization has complied with the requirements of the Charities 17-11 Registration and Reporting Act (Chapter 122, Property Code). 17-12 However, the charitable organization must pay any taxes assessed in 17-13 any year during which its exemption was revoked under this section. 17-14 The Comptroller may prescribe any rules necessary to effectuate the 17-15 purposes of this subsection. 17-16 SECTION 3. Section 171.063(B), Tax Code, is amended to read 17-17 as follows: 17-18 (b) A corporation is entitled to an exemption under this 17-19 section based on the corporation's exemption from the federal 17-20 income tax if the corporation files with the comptroller: 17-21 (1) evidence establishing the corporation's federal 17-22 income tax exemption; and 17-23 (2) for a nonprofit corporation exempted under Section 17-24 501(c)(3), (c)(4), (c)(10) or (c)(19) Internal Revenue Code of 17-25 1986, evidence that the corporation has complied with the Charities 18-1 Registration and Reporting Act (Chapter 122, Property Code). 18-2 SECTION 4. Subchapter B, Chapter 171, Tax Code, is amended 18-3 by adding Section 171.063(h) to read as follows: 18-4 Sec. 171.063(h). CHARITABLE CORPORATIONS; LOSS OF EXEMPTION 18-5 ON CERTIFICATION OF NONCOMPLIANCE BY THE ATTORNEY GENERAL. 18-6 (1) The Attorney General shall periodically certify to the 18-7 Comptroller the name of each charitable corporation that has failed 18-8 to file an annual return, to pay a registration fee, or to perform 18-9 an act required under the Charities Registration and Reporting Act 18-10 (Chapter 122 Property code). Certification of a charitable 18-11 organization under this subsection may not be made before the 30th 18-12 day after the date on which the Attorney General notifies the 18-13 charitable corporation of the noncompliance under Section 122.010, 18-14 Property Code and then only if the charitable organization has 18-15 continued to fail to comply. 18-16 (2) An exemption from franchise taxes granted under 18-17 this subchapter shall be revoked or denied to any charitable 18-18 corporation that has been certified by the Attorney General under 18-19 Subsection (a) of this section. The Comptroller may revoke or deny 18-20 an exemption to any charitable corporation that has failed to 18-21 comply with this act regardless of certification from the Attorney 18-22 General, provided that thirty (30) days prior to such denial or 18-23 revocation the Comptroller has notified the corporation of 18-24 noncompliance and the organization has continued to fail to comply. 18-25 (3) An exemption that has been revoked or denied under 19-1 this section may be reinstated on certification by the Attorney 19-2 General that the charitable corporation has complied with the 19-3 requirements of the Charities Registration and Reporting Act 19-4 (Chapter 122, Property Code). However, the charitable corporation 19-5 must pay the franchise tax assessed in accordance with Section 19-6 171.001 of this code for any year during which its exemption was 19-7 revoked under this section. 19-8 (4) The Comptroller may prescribe any rules necessary 19-9 to effectuate the purposes of this section. 19-10 SECTION 5. This Act takes effect September 1, 1993. 19-11 SECTION 6. The importance of this legislation and the 19-12 crowded condition of the calendars in both houses create an 19-13 emergency and an imperative public necessity that the 19-14 constitutional rule requiring bills to be read on three several 19-15 days in each house be suspended, and this rule is hereby suspended.