By Counts H.B. No. 2785 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the management of spring flow from the Edwards Aquifer 1-3 and to the increase of the recharge to and the conservation of the 1-4 water taken from the Edwards Aquifer located in Kinney, Uvalde, 1-5 Medina, Bexar, Hays and Comal Counties, Texas. 1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-7 SECTION 1. GENERAL PROVISIONS. (a) Purpose. The purpose 1-8 of this Act is to manage the spring flow from the Edwards Aquifer, 1-9 to increase the recharge to and to conserve water taken from the 1-10 Aquifer by developing supplemental sources of water, by determining 1-11 minimum spring flow requirements, by conducting engineering and 1-12 economic feasibility studies of methods to control the flow from 1-13 the Comal and San Marcos Springs, by evaluating proposals to 1-14 artificially control spring flow from the Aquifer, and by 1-15 initiating a series of fees on recreational and downstream users; 1-16 and further, to create the Kinney County Underground Water 1-17 Conservation District, to validate the creation of the Uvalde 1-18 County Underground Water Conservation District, to create the 1-19 Edwards Underground Water Conservation District and to create the 1-20 Edwards Aquifer Coordinating Board. 1-21 (b) Findings and Declaration of Policy. It is hereby found 1-22 and declared that: the management of spring flow from the Edwards 1-23 Aquifer located in Kinney, Uvalde, Medina, Bexar, Hays and Comal 2-1 Counties, Texas ("the Aquifer area") is necessary to sustain life 2-2 and the economic viability of the region; the Edwards Aquifer 2-3 located in these counties contains between 25-50 million acre feet 2-4 of water and approximately one and one-half million people 2-5 currently reside in the area and depend on water from the Aquifer 2-6 for all of their water needs; natural annual recharge to the 2-7 Aquifer has historically ranged from one-half to two and one-half 2-8 million acre feet and has historically equaled or exceeded the 2-9 water needs of the people of the area, leaving the Aquifer full and 2-10 overflowing except during periods of extended drought; overflow 2-11 from the Aquifer discharging as spring flow has contributed to 2-12 providing the habitat for several plant and animal species 2-13 designated as "endangered" or "threatened" by the U.S. Fish & 2-14 Wildlife Service (USFWS); the United States District Court for the 2-15 Western District of Texas, Midland/Odessa Division, recently issued 2-16 an order that these endangered/threatened species should be 2-17 protected (Case No. MO-91-CA-069) by assuring a continuous flow of 2-18 water from the Comal and San Marcos Springs ("the Springs") in an 2-19 amount to be determined by USFWS; if water use from the Aquifer is 2-20 restricted to a level to assure a natural discharge of water from 2-21 the Springs during a period of extended drought, serious economic 2-22 hardships would result for the residents of the Aquifer area and a 2-23 major portion of the water contained in the Aquifer would be 2-24 unavailable for their beneficial use; there is a need to provide a 2-25 continuous water supply for the endangered/threatened species as 3-1 well as to provide a water supply for state residents below the 3-2 discharge points of the Springs for those who are dependent on 3-3 spring flow to provide all or part of their water needs; 3-4 artificially managing the discharge from the Springs will make a 3-5 larger quantity of the water stored and recharged to the Aquifer 3-6 available for the use of residents of the area, while providing 3-7 adequate water to preserve the endangered/threatened species and 3-8 satisfying needs of downstream users; the demand for water from the 3-9 Aquifer will increase as the population grows; with the expected 3-10 population growth in the Aquifer area and the accompanying 3-11 increased water use, the water recharged and stored in the Aquifer 3-12 will not satisfy all water needs; new political subdivisions of the 3-13 state should be established with the powers and duties to increase 3-14 the recharge to the Aquifer, the protect the water quality of the 3-15 Aquifer, and to promote conservation; and the Aquifer is not an 3-16 underground river but is a geologic formation containing 3-17 percolating groundwater. 3-18 (c) Definitions. In this Act, (1) "Aquifer" means that 3-19 portion of the Edwards Aquifer located within the following six 3-20 counties: Hays County, Bexar County, Comal County, Medina County, 3-21 and Uvalde County; provided, however, that it does not include any 3-22 territory within the Barton Springs-Edwards Aquifer Conservation 3-23 District. 3-24 (2) "Board" means the Texas Water Development Board. 3-25 (3) "Commission" means the Texas Water Commission. 4-1 (4) "Department" means the Parks & Wildlife 4-2 Department. 4-3 (5) "Local District" means the Kinney County 4-4 Underground Water Conservation District, the Uvalde County 4-5 Underground Water Conservation District, the Medina County 4-6 Underground Water Conservation District, and the Edwards 4-7 Underground Water Conservation District. 4-8 SECTION 2. DEVELOPMENT OF A SUPPLEMENTAL SURFACE WATER 4-9 SUPPLY. (a) All cities with a population greater than 250,000 4-10 located over the Aquifer are hereby directed to develop a 4-11 supplemental surface water supply to reduce its reliance on the 4-12 Aquifer as a sole source of drinking water. 4-13 SECTION 3. MANAGEMENT OF THE EDWARDS AQUIFER. (a) The 4-14 Department shall conduct a study of available information to 4-15 determine minimum spring flow requirements for the Comal and San 4-16 Marcos Springs which, based on its best professional judgment, will 4-17 preserve the endangered/threatened species found below the 4-18 discharge of the Springs. The Department shall provide the results 4-19 of the study to the United States District Court for the Western 4-20 District of Texas, Midland-Odessa Division and to the USFWS. 4-21 (b) The Board shall conduct a study to determine minimum 4-22 spring flow requirements from the Comal and San Marcos Springs 4-23 which, based on its best professional judgment, will satisfy the 4-24 water needs of the downstream users located in the counties all or 4-25 part of which are in the Guadalupe River Basin downstream of the 5-1 Springs ("the downstream users"), including the minimum water needs 5-2 of downstream bays and estuaries, taking into account those 5-3 additions of water which occur in the rivers below the Springs. 5-4 The Board shall prior to the 74th Legislative Session, report the 5-5 results of the study to the Governor, Lt. Governor, Speaker of the 5-6 House of Representatives and Department. 5-7 (c) The Board shall complete as expeditiously as possible, 5-8 engineering and economic feasibility studies of methods to (1) 5-9 control the flow from the Springs to retain water in the Aquifer 5-10 during periods of high recharge when water in excess of the needs 5-11 of downstream users naturally flows from the Aquifer; and (2) to 5-12 provide discharge from the Springs during extended droughts when 5-13 adequate water to protect the endangered/threatened species and/or 5-14 to satisfy the downstream users is not naturally available. 5-15 (d) The Board shall evaluate suggestions made at legislative 5-16 hearings of means to artifically control spring flow from the 5-17 Aquifer, including but not limited to, controlling flow from the 5-18 Aquifer during periods of excess to retain water for release during 5-19 short-or-long-term drought by elevating the existing dams located 5-20 below the Springs or by installing flow control valves to regulate 5-21 discharge, and providing for an adequate supply of water to protect 5-22 the endangered/threatened species and to provide water for 5-23 downstream users during periods of drought by augmenting the spring 5-24 flow from wells or a surface water supply. 5-25 (e) The Department and the Commission shall apportion, 6-1 assess, and recover the reasonable costs of administering the 6-2 spring flow management program in the Aquifer from all users of 6-3 water including residential, commercial and industrial downstream 6-4 users and recreational users, including fishermen, who use the 6-5 water between the discharge points of the Comal and San Marcos 6-6 Springs and its destination in the Gulf of Mexico. 6-7 (f) The Department shall assess the following fees on users 6-8 of water for recreational and fishing purposes in order to support 6-9 the benefits such users are anticipated to receive from spring flow 6-10 augmentation and management: 6-11 (1) A fee of ____ for each boat registered with the 6-12 Department in any county located in whole or in part in the 6-13 Guadalupe River Basin downstream of Comal or San Marcos Springs. 6-14 (2) A fee of ____ for each non-commercial fishing 6-15 license issued by the Department in any county located in whole or 6-16 in part in the Guadalupe River Basin downstream of Comal or San 6-17 Marcos Springs. 6-18 (3) A fee of ____ for each commercial fishing license 6-19 issued by the Department in any county located in whole or in part 6-20 in the Guadalupe River Basin downstream of Comal or San Marcos 6-21 Springs. 6-22 (4) A fee equivalent to ____% of all fees collected by 6-23 any park district created pursuant to Act of the 76th Legislature, 6-24 Ch. 1005, which ____% fee shall be imposed by the district annually 6-25 in addition to any other fees collected by the district and paid to 7-1 the Department on or before December 31 of each year. 7-2 The Department shall adopt rules to provide for collection of 7-3 the foregoing fees. 7-4 (g) The Commission shall assess and collect an annual fee of 7-5 $____ per acre foot for all water taken pursuant to permit or other 7-6 authority from the Commission, for any purpose other than domestic, 7-7 livestock, or irrigation, between the discharge points of the 7-8 Springs and the Gulf of Mexico. The Commission shall adopt rules 7-9 to provide for the collection of this fee and payment of proceeds 7-10 of fees to the Department. 7-11 (h) The Department shall utilize the fees collected as 7-12 follows: (1) it shall pay to the Board on a quarterly basis 10% of 7-13 the fees for the costs of economic and engineering studies and 7-14 technical assistance provided by the Board; (2) it shall use 40% of 7-15 the fees collected to implement the recommendations of the Board to 7-16 manage the spring flow; (3) it shall provide, on an annual basis, 7-17 the remaining 50% of the fees collected to the Edwards Aquifer 7-18 Coordinating Board created under Section 7 of this Act for its use 7-19 to enhance recharge to the Aquifer and to promote conservation 7-20 practices. 7-21 SECTION 4. CREATION OF THE KINNEY COUNTY UNDERGROUND WATER 7-22 CONSERVATION DISTRICT. (a) Creation. Under article XVI, section 7-23 59 of the Texas Constitution, the Kinney County Underground Water 7-24 Conservation District is created, subject to approval at 7-25 confirmation elections to be held in the district. The district is 8-1 a governmental agency and body politic and corporate, authorized to 8-2 exercise the powers essential to the accomplishment of the purposes 8-3 of that constitutional provision and to exercise the rights, 8-4 powers, duties, privileges and functions provided by this Act, and 8-5 by Chapter 52 of the Water Code. 8-6 (b) Definition. In this chapter "district" means the Kinney 8-7 County Underground Water Conservation District. 8-8 (c) Boundaries. The boundaries of the district are 8-9 co-extensive with the boundaries of Kinney County, Texas. 8-10 (d) Finding of Benefit. All of the land and other property 8-11 included within the boundary of the district will be benefitted by 8-12 the work and projects that are to be accomplished by the district 8-13 under powers conferred by article XVI, section 59 of the Texas 8-14 Constitution. The district is created to serve a public use and 8-15 benefit. 8-16 (e) Purpose, Powers and Duties of the District. 8-17 (1) The district's purpose is to provide for the 8-18 conservation, preservation, protection, recharge, and prevention of 8-19 waste of the underground water of the Aquifer within the 8-20 above-stated boundaries consistent with the objective of article 8-21 XVI, section 59 of the Texas Constitution. 8-22 (2) The district has all of the rights, powers, 8-23 privileges, authority, functions, and duties provided by the 8-24 general laws of this state, including Chapters 50 and 52 of the 8-25 Water Code, applicable to underground water conservation districts 9-1 created under article XVI, section 59 of the Texas Constitution. 9-2 This Act prevails over any provision of general law that is in 9-3 conflict or inconsistent with this Act. 9-4 (3) The rights, powers, privileges, authority, 9-5 functions and duties of the district are subject to the continuing 9-6 right of the supervision of the state to be exercised by and 9-7 through the Texas Water Commission. 9-8 (f) Board of Directors. 9-9 (1) The district is governed by a board of five 9-10 directors. 9-11 (2) Temporary directors serve until initial permanent 9-12 directors are elected under Section 4(h) of this Chapter. 9-13 (3) Initial permanent directors serve until directors 9-14 are elected under Section 4(i) of this Chapter. 9-15 (4) Directors other than temporary and initial 9-16 permanent directors serve staggered four-year terms. 9-17 (5) Each director must qualify to serve as director in 9-18 the manner provided by Sections 51.078 and 51.079 of the Water 9-19 Code. 9-20 (6) A director serves until the director's successor 9-21 has qualified. 9-22 (g) Temporary Directors. 9-23 (1) The temporary board of directors for the district 9-24 is composed of: 9-25 (i) ___________________________; 10-1 (ii) ___________________________; 10-2 (iii) ___________________________; 10-3 (iv) ___________________________; 10-4 (v) ___________________________; 10-5 (2) If a temporary director fails to qualify for 10-6 office, the temporary directors who have qualified shall appoint a 10-7 person to fill the vacancy. If at any time there are fewer than 10-8 three qualified temporary directors, the Texas Water Commission 10-9 shall appoint the necessary number of persons to fill all vacancies 10-10 on the Board. 10-11 (h) Confirmation and Initial Directors' Election. 10-12 (1) Within 180 days after the effective date of this 10-13 Act, the temporary board of directors for the district shall call 10-14 and hold an election, confirm establishment of the district, and 10-15 elect the district's five initial directors. 10-16 (2) A person who desires to be a candidate for the 10-17 office of initial director may file an application with the 10-18 temporary board to have the candidate's name printed on the ballot 10-19 as provided by Section 51.075 of the Water Code. 10-20 (3) At the confirmation and the initial directors' 10-21 election, the temporary board of directors shall have the names of 10-22 the five persons serving as temporary directors placed on the 10-23 ballot together with the name of any candidate filing for the 10-24 office of director as provided by Subsection (2) of this section 10-25 and blank spaces to write in the names of other persons. The 11-1 temporary directors, at the time the vote is canvassed, shall 11-2 declare the five persons who receive the most votes to be elected 11-3 as the initial directors and shall include the results of the 11-4 directors' election in its election report to the Texas Water 11-5 Commission. 11-6 (4) Section 41.001(a) of the Election Code does not 11-7 apply to a confirmation and initial directors' election held as 11-8 provided by this section. 11-9 (5) Except as provided by this section, a confirmation 11-10 and initial directors' election must be conducted as provided by 11-11 Sections 52.058(b)-(g) of the Water Code and Tax Election Code. 11-12 (i) Election of Local District Directors. On the first 11-13 Saturday in May of the second year after the year in which the 11-14 local district is authorized to be created at a confirmation 11-15 election, an election shall be held for the election of two 11-16 directors who shall serve two-year terms and three directors who 11-17 shall each serve four-year terms. Thereafter, on the same date in 11-18 each subsequent second year, the appropriate number of directors 11-19 shall be elected to each of the boards. 11-20 (j) Tax Rate. The board of directors may not levy and 11-21 collect a maintenance tax that exceeds the rate approved by the 11-22 majority of the qualified voters voting in the election authorizing 11-23 the tax unless an election is held in the district at which a 11-24 majority of the qualified voters who vote approve a proposition 11-25 authorizing a greater rate of assessment. 12-1 (k) Tax Allocation. The district shall allocate a minimum 12-2 of 25% of the taxes collected to the Edwards Aquifer Coordinating 12-3 Board created in Section 7 of this Act to be used for the purposes 12-4 set forth in Section 7(c). The taxes shall be paid not later than 12-5 June 1 of each year. 12-6 SECTION 5. VALIDATION OF THE CREATION OF THE UVALDE COUNTY 12-7 UNDERGROUND WATER CONSERVATION DISTRICT. (a) Under article XVI, 12-8 Section 59 of the Texas Constitution, the Uvalde County Underground 12-9 Water Conservation District created by order of the Uvalde County 12-10 Commissioners Court on ___, and confirmed by election on ___, is 12-11 validated as a governmental agency and body politic incorporate, 12-12 authorized to exercise the powers essential to the accomplishment 12-13 of the purposes of that constitutional provision and to exercise 12-14 the rights, powers, duties, privileges, duties, and functions 12-15 provided by this Act and by Chapter 52 of the Water Code. The 12-16 election of directors and approval of the levy of a maintenance tax 12-17 at the election held on ___ are hereby validated and confirmed in 12-18 all respects. 12-19 (b) Definition. In this Subchapter, "district" means the 12-20 Uvalde County Underground Water Conservation District. 12-21 (c) Validation. The creation of the district and all 12-22 resolutions, orders, and other acts or attempted acts of the board 12-23 of directors of the district are validated in all respects. The 12-24 creation of the district and all resolutions, orders, and other 12-25 acts, or attempted acts of the board of directors of the district 13-1 are valid as though they had originally had been legally authorized 13-2 or accomplished. 13-3 (d) Pending Litigation. The Act does not apply to or affect 13-4 litigation pending on the effective date of this Act in any court 13-5 of competent jurisdiction in this state to which the district is a 13-6 party. 13-7 (e) Tax Allocation. The district shall allocate a minimum 13-8 of 25% of the taxes collected to the Edwards Aquifer Coordinating 13-9 Board created in Subchapter 7 of this Act to be used for the 13-10 purposes set forth in Section 7.03. The taxes shall be paid not 13-11 later than June 1 of each year. 13-12 SECTION 6. CREATION OF THE EDWARDS UNDERGROUND WATER 13-13 CONSERVATION DISTRICT. (a) Chapter 99, Acts of the 56th 13-14 Legislature, Regular Session, 1959 is amended by adding Section 19 13-15 to read as follows: 13-16 SECTION 19. DISSOLUTION OF EDWARDS UNDERGROUND WATER 13-17 DISTRICT AND CONVERSION TO EDWARDS UNDERGROUND WATER CONSERVATION 13-18 DISTRICT. The Edwards Underground Water District (1) shall be 13-19 dissolved and all its property and funds shall be transferred to 13-20 the Edwards Underground Water Conservation District within 90 days 13-21 of the effective date this Act; (2) the district is comprised of 13-22 those portions of Bexar, Comal and Hays Counties currently in the 13-23 Edwards Underground Water District; and (3) the district is a 13-24 governmental agency and body politic corporate, authorized to 13-25 exercise the powers essential to the accomplishment of the purposes 14-1 of article XVI, Section 59 of the Texas Constitution and to 14-2 exercise the rights, powers, duties, privileges and functions 14-3 provided by this Act and by Chapter 52 of the Water Code. 14-4 (b) The existing Board of Directors of the Edwards 14-5 Underground Water District shall continue to serve as temporary 14-6 directors of the Edwards Underground Water Conservation District 14-7 until new directors can be elected pursuant to the provisions of 14-8 Chapter 52 of the Water Code, which election shall occur on the 14-9 date next regularly scheduled for election of directors of the 14-10 Edwards Underground Water District. 14-11 (c) Edwards Underground Water Conservation District shall 14-12 allocate a minimum of 25% of the taxes collected to the Edwards 14-13 Aquifer Coordinating Board created in Section 7 of this Act to be 14-14 used for the purposes set forth in Section 7(c). Taxes shall be 14-15 paid not later than June 1 of each year. The temporary Board of 14-16 Directors of Edwards Underground Water Conservation District shall 14-17 transfer 25% of all cash and cash equivalent assets existing on 14-18 June 1, 1993, to the Edwards Aquifer Coordinating Board not later 14-19 than December 31, 1993. 14-20 SECTION 7. CREATION OF THE EDWARDS AQUIFER COORDINATING 14-21 BOARD. (a) Creation. The Edwards Aquifer Coordinating Board 14-22 (EACB) is created under and is essential to accomplish the purposes 14-23 of article XVI, Section 59 of the Texas Constitution and shall 14-24 provide management and technical assistance to local districts and 14-25 promote conservation and effective management of the Aquifer. The 15-1 EACB may make recommendations to the local districts; it shall not 15-2 implement any plans or programs itself. EACB has only the powers 15-3 expressly authorized below; has no authority over the local 15-4 districts. 15-5 (b) Members. The board of directors of EACB shall have six 15-6 members including one from the Kinney County Underground Water 15-7 Conservation District, the Uvalde County Underground Water 15-8 Conservation District validated by this Act, and the Medina 15-9 Underground Water Conservation District. Each of the three 15-10 underground water conservation districts shall select from its 15-11 board one person to serve on the EACB. The Edwards Underground 15-12 Water Conservation District may appoint three members from its 15-13 board of directors to the EACB provided that they reside in and 15-14 represent the three different counties which comprise that 15-15 district. 15-16 (c) Purposes. The EACB has the following purposes: 15-17 (1) Identify all potential recharge sites above the 15-18 Aquifer and undertake studies to determine the amount of recharge 15-19 that could occur if recharge facilities were installed; 15-20 (2) Determine the feasibility of additional techniques 15-21 or methods to recharge the Aquifer, including but not limited to, 15-22 brush control, precipitation enhancement and importation of water 15-23 from outside the Aquifer area; 15-24 (3) Evaluate the possible water savings to be achieved 15-25 through providing technical and financial assistance to irrigators 16-1 for improving the water use efficiency of their irrigation systems; 16-2 (4) Construct recharge facilities and implement the 16-3 use of such techniques or methods of Aquifer recharge, enhancement 16-4 and conservation judged to be most beneficial and cost efficient to 16-5 the management of the Aquifer; 16-6 (5) Assist in coordinating activities of all local 16-7 districts by conducting public meetings to share management plans 16-8 and provide financial support and technical assistance to local 16-9 districts which are implementing programs and activities outside 16-10 their respective counties to benefit the users of water from the 16-11 Aquifer. 16-12 (d) Powers. 16-13 (1) The EACB shall have the authority to maintain an 16-14 office, employ a general manager and such other employees as it may 16-15 be determined to be necessary, and to exercise such other powers as 16-16 are reasonably necessary to accomplish the purposes of this Act. 16-17 This subsection shall not, however, be construed as a grant of 16-18 regulatory authority to the EACB. 16-19 (2) The EACB shall have the authority to own property, 16-20 but only to the limited extent necessary to effectuate the purposes 16-21 of this Act. 16-22 (3) The EACB shall have the authority to enter into 16-23 contracts with water districts, conservation districts, cities and 16-24 towns, counties and municipal and governmental agencies of every 16-25 kind, both state and federal, and with individuals and private 17-1 corporations, but only to the limited extent necessary to 17-2 effectuate the purposes of this Act. 17-3 (4) The EACB shall have the authority to receive any 17-4 gifts, grants or donations made to it. 17-5 (5) The EACB may: 17-6 (i) Provide technical assistance to the local 17-7 districts; 17-8 (ii) Provide geologic and hydrologic information 17-9 to the local districts; 17-10 (iii) Conduct research; 17-11 (iv) Collect data; 17-12 (v) Analyze water quality and water levels; 17-13 (vi) Develop and distribute educational programs 17-14 regarding the Aquifer, water quality, and conservation; 17-15 (vii) Plan and recommend to the local districts 17-16 recharge projects, including dam construction and brush clearing; 17-17 (viii) Recommend, provide incentives for, and 17-18 assist municipalities and others with implementation of wastewater 17-19 reuse programs; and 17-20 (ix) Develop, study, and recommend artificial 17-21 recharge enhancement programs throughout the local districts. 17-22 (6) The EACB shall consider and develop plans to 17-23 protect endangered/threatened species found in Comal or San Marcos 17-24 Springs. The EACB shall report its recommendations for plans to 17-25 protect endangered/threatened species to the local districts; it 18-1 shall not implement plans except upon approval by local districts. 18-2 Such plans may include spring flow augmentation through 18-3 construction and operation of wells, to preserve local industry and 18-4 protect endangered/threatened species. 18-5 SECTION 8. MISCELLANEOUS PROVISIONS. (a) Legislative 18-6 Review. The Legislature shall review the progress of all parties 18-7 under this Act in managing the waters from the Aquifer during each 18-8 regular legislative session until such time as it determines that 18-9 the water from the Aquifer is being managed adequately to satisfy 18-10 the needs of all water users in the state. 18-11 (b) Findings Relating to Procedural Requirements. 18-12 (1) The proper and legal notice of the intention to 18-13 introduce this Act, setting forth the general substance of this 18-14 Act, has been published as provided by law, and the notice and a 18-15 copy of this Act have been furnished to all persons, agencies, 18-16 officials, or entities to which they are required to be furnished 18-17 by the constitution and other laws of this state, including the 18-18 governor, who has submitted the notice and Act to the Texas Water 18-19 Commission. 18-20 (2) The Texas Water Commission has filed its 18-21 recommendations relating to this Act with the governor, lieutenant 18-22 governor, and speaker of the house of representatives within the 18-23 required time. 18-24 (3) All requirements of the constitution and laws of 18-25 this state and the rules and procedures of the legislature with 19-1 respect to the notice, introduction, and passage of this Act are 19-2 fulfilled and accomplished. 19-3 SECTION 9. EMERGENCY. The importance of this legislation 19-4 and the crowded condition of the calendars in both houses create an 19-5 emergency and an imperative public necessity (1) that the 19-6 constitutional rule requiring bills to be read on three days in 19-7 each house be suspended and this rule is hereby suspended; and (2) 19-8 that this Act take effect and be in force from and after its 19-9 passage, and it is so enacted.