S.B. No. 452
                                        AN ACT
    1-1  relating to the regulation and operation of tow trucks and storage
    1-2  facilities; creating offenses and providing penalties.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subsection (b), Section 5.05, Chapter 741, Acts
    1-5  of the 67th Legislature, Regular Session, 1981 (Article 4477-9a,
    1-6  Vernon's Texas Civil Statutes), is amended to read as follows:
    1-7        (b)  If a garagekeeper or storage facility acquires
    1-8  possession of a motor vehicle for a purpose other than repair, the
    1-9  garagekeeper or storage facility is entitled to towing,
   1-10  preservation, and notification charges and to reasonable storage
   1-11  fees, in addition to storage fees earned pursuant to contract, for
   1-12  a maximum of five <7> days only until notification is mailed to the
   1-13  last known registered owner and all lien holders of record as
   1-14  provided by Subsection (a) of this section.  After such notice is
   1-15  mailed, storage fees may continue until the vehicle is removed and
   1-16  all accrued charges are paid.  A garagekeeper who fails to report
   1-17  the possession of an abandoned vehicle to the police department
   1-18  within 48 hours <7 days> after it becomes abandoned may no longer
   1-19  claim reimbursement for storage of the vehicle.
   1-20        SECTION 2.  Subdivision (1), Subsection (a), Section 5i,
   1-21  Chapter 88, General Laws, Acts of the 41st Legislature, 2nd Called
   1-22  Session, 1929 (Article 6675a-5i, Vernon's Texas Civil Statutes), is
   1-23  amended to read as follows:
    2-1              (1)  "Tow truck" means a motor vehicle or mechanical
    2-2  device adapted or used to tow, winch, or otherwise move <disabled>
    2-3  motor vehicles.
    2-4        SECTION 3.  Subsection (b), Section 5i, Chapter 88, General
    2-5  Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
    2-6  (Article 6675a-5i, Vernon's Texas Civil Statutes), is amended to
    2-7  read as follows:
    2-8        (b)  The department shall design and provide for the issuance
    2-9  of <special> license plates for commercial motor vehicles used as
   2-10  tow trucks.  The license plates shall bear the words "Tow Truck."
   2-11        SECTION 4.  Section 2, Vehicle Storage Facility Act (Article
   2-12  6687-9a, Revised Statutes), is amended by amending Subdivisions (1)
   2-13  and (3) and adding Subdivision (7) to read as follows:
   2-14              (1)  "Commission" <"Commissioner"> means the Railroad
   2-15  Commission of Texas <commissioner of licensing and regulation>.
   2-16              (3)  "Vehicle storage facility" means a garage, parking
   2-17  lot, or any type of facility owned by a person other than a
   2-18  governmental entity for storing or parking 10 or more vehicles a
   2-19  year.
   2-20              (7)  "Preservation" means an action taken by or at the
   2-21  direction of the owner or operator of a vehicle storage facility
   2-22  that is necessary to preserve, protect, or service a vehicle stored
   2-23  or parked at the facility.
   2-24        SECTION 5.  Sections 4, 5, 6, 7, 8, and 10, Vehicle Storage
   2-25  Facility Act (Article 6687-9a, Revised Statutes), are amended to
    3-1  read as follows:
    3-2        Sec. 4.  Authority.  (a)  The commission <commissioner> may
    3-3  issue licenses to operate vehicle storage facilities.
    3-4        (b)  The commission <commissioner> shall adopt rules
    3-5  establishing requirements for the licensing of persons to operate
    3-6  vehicle storage facilities to ensure that licensed storage
    3-7  facilities maintain adequate standards for the care of stored
    3-8  vehicles.
    3-9        Sec. 5.  Prohibition.  A person may not operate a vehicle
   3-10  storage facility unless the person holds a current license to
   3-11  operate a vehicle storage facility issued to the person by the
   3-12  commission <commissioner>.
   3-13        Sec. 6.  Application.  (a)  The commission <commissioner> by
   3-14  rule shall determine the types of information to be supplied on an
   3-15  application for a license under this article, but the rules must
   3-16  require that an application be made under oath and list:
   3-17              (1)  each conviction of a felony, or a misdemeanor for
   3-18  which the maximum punishment is by confinement in jail or by a fine
   3-19  exceeding $200, that was obtained against the applicant or a
   3-20  partner or officer of the applicant in the three years immediately
   3-21  preceding the date of the application;
   3-22              (2)  the name and address of each partner, if the
   3-23  applicant is a partnership; and
   3-24              (3)  the name and address of the president, secretary,
   3-25  and treasurer of the corporation, if the applicant is a
    4-1  corporation.
    4-2        (b)  The application of a corporation must be signed and
    4-3  sworn to by the president and secretary of the corporation.
    4-4        Sec. 7.  Approval.  The commission <commissioner> shall
    4-5  approve an application that is submitted as provided by Section 6
    4-6  of this article for a license to operate a vehicle storage facility
    4-7  unless the commission <commissioner> determines that:
    4-8              (1)  the applicant knowingly supplied false or
    4-9  incomplete information on the application;
   4-10              (2)  the applicant, one of the applicant's partners, a
   4-11  principal or the general manager of the applicant, or one of the
   4-12  applicant's officers has been convicted of a felony, or a
   4-13  misdemeanor for which the maximum punishment is by confinement in
   4-14  jail or by a fine exceeding $500, in the three years preceding the
   4-15  date of the application; or
   4-16              (3)  the vehicle storage facility for which the license
   4-17  is sought does not meet the standards for storage facilities
   4-18  established by the rules of the commission <commissioner>.
   4-19        Sec. 8.  Notice of Denial.  If the commission <commissioner>
   4-20  denies an application for a license under this article, the
   4-21  commission <department> shall send written notice of the decision
   4-22  to the applicant, at the address shown on the application, by
   4-23  certified mail, return receipt requested.  The notice shall state
   4-24  the reason for the commission's <commissioner's> decision and that
   4-25  the applicant is entitled to a hearing before the commission
    5-1  <commissioner> under Section 11 of this article.  The notice may
    5-2  state that the decision is temporary pending compliance by the
    5-3  applicant.  If the decision is temporary and the applicant complies
    5-4  with the requirements of this article and rules of the commission
    5-5  <commissioner> before the 15th day after the date the applicant
    5-6  receives the notice, the commission <commissioner> shall then
    5-7  approve the application.
    5-8        Sec. 10.  Sanctions.  (a)  The commission <commissioner>
    5-9  shall adopt rules relating to the administrative sanctions that may
   5-10  be enforced against a licensee.  If a licensee, a partner of a
   5-11  licensee, a principal in the licensee's business, or an employee of
   5-12  the licensee violates, with the knowledge of the licensee, this
   5-13  article or a rule or order adopted under this article, the
   5-14  commission <commissioner> may:
   5-15              (1)  issue a written warning to the licensee specifying
   5-16  the violations;
   5-17              (2)  deny, revoke, or suspend an application under this
   5-18  article;
   5-19              (3)  place on probation a person whose license has been
   5-20  suspended; or
   5-21              (4)  assess an administrative penalty in an amount not
   5-22  to exceed $1,000 for each violation, with each violation considered
   5-23  a separate offense.
   5-24        (b)  The commission <commissioner> may revoke or suspend a
   5-25  license issued under this article or place on probation a person
    6-1  whose license has been suspended if the commission <commissioner>
    6-2  determines that a licensee, a partner of the licensee, a principal
    6-3  in the licensee's business, or an employee of the licensee has been
    6-4  finally convicted of:
    6-5              (1)  a felony; or
    6-6              (2)  a misdemeanor that:
    6-7                    (A)  is punishable by confinement or by a fine
    6-8  that exceeds $500; and
    6-9                    (B)  directly relates to a duty or responsibility
   6-10  of an operator of a vehicle storage facility.
   6-11        (c)  If it appears that a person is in violation of or is
   6-12  threatening to violate this article or a rule or order adopted
   6-13  under this article, the commission <commissioner> or the attorney
   6-14  general at the commission's <commissioner's> request may institute
   6-15  an action for injunctive relief, to recover a civil penalty not to
   6-16  exceed $1,000 for each violation, or for both injunctive relief and
   6-17  the civil penalty.  If the commission <commissioner> or the
   6-18  attorney general prevails in an action under this subsection, the
   6-19  commission <commissioner> or the attorney general is entitled to
   6-20  recover reasonable attorney's fees and court costs.
   6-21        (d)  A peace officer or license and weight inspector for the
   6-22  Department of Public Safety may make an arrest for a violation of a
   6-23  rule adopted under this article.
   6-24        SECTION 6.  Subsection (a), Section 11, Vehicle Storage
   6-25  Facility Act (Article 6687-9a, Revised Statutes), is amended to
    7-1  read as follows:
    7-2        (a)  A person whose application for a license to operate a
    7-3  storage facility has been denied, whose license has been revoked,
    7-4  or whose application to renew a license has been denied may, before
    7-5  the 15th day after the date the person receives notice of the
    7-6  revocation or denial, request in writing a hearing before the
    7-7  commission <commissioner> on the revocation or denial.
    7-8        SECTION 7.  Section 13, Vehicle Storage Facility Act (Article
    7-9  6687-9a, Revised Statutes), is amended to read as follows:
   7-10        Sec. 13.  NOTIFICATION OF OWNER.  (a)  The operator of a
   7-11  vehicle storage facility who receives a vehicle that has been towed
   7-12  to the facility for storage shall, not later than the fifth
   7-13  <seventh> day but not before 24 hours after the date the operator
   7-14  receives the vehicle, send a written notice to the registered owner
   7-15  and the primary lienholder of the vehicle.  The operator of the
   7-16  storage facility may charge the owner of the vehicle a reasonable
   7-17  fee for sending the notice required by this subsection.  <This
   7-18  subsection does not apply to notice for a vehicle that is removed
   7-19  by the owner before the seventh day after the date the operator
   7-20  receives the vehicle.>
   7-21        (b)  The notice must be sent by certified mail, return
   7-22  receipt requested, and must contain:
   7-23              (1)  the date the vehicle was accepted for storage;
   7-24              (2)  the first day for which a storage fee is assessed;
   7-25              (3)  the daily storage rate;
    8-1              (4)  the type and amount of all other charges to be
    8-2  paid when the vehicle is claimed;
    8-3              (5)  the full name, street address, and telephone
    8-4  number of the facility;
    8-5              (6)  the hours during which the owner may claim the
    8-6  vehicle; and
    8-7              (7)  the facility license number preceded by "Railroad
    8-8  Commission of Texas <Department of Licensing and Regulation>
    8-9  Vehicle Storage Facility License Number."
   8-10        (c)  A notice is considered to be timely filed if the
   8-11  postmark shows that it was mailed within the five-day <seven-day>
   8-12  period provided by Subsection (a) of this section.
   8-13        SECTION 8.  Subsection (b), Section 14, Vehicle Storage
   8-14  Facility Act (Article 6687-9a, Revised Statutes), is amended to
   8-15  read as follows:
   8-16        (b)  The operator of a vehicle storage facility is entitled
   8-17  to <may not> charge an owner <more than> $10 for preservation of a
   8-18  stored motor vehicle.
   8-19        SECTION 9.  Section 15, Vehicle Storage Facility Act (Article
   8-20  6687-9a, Revised Statutes), is amended to read as follows:
   8-21        Sec. 15.  USE OF FEES.  The commission <commissioner> shall
   8-22  remit all fees collected under this article to the State Treasurer
   8-23  for deposit in the State Treasury to the credit of a fund to be
   8-24  used, subject to legislative appropriation, for administering this
   8-25  article.
    9-1        SECTION 10.  Section 17, Vehicle Storage Facility Act
    9-2  (Article 6687-9a, Revised Statutes), is amended to read as follows:
    9-3        Sec. 17.  OFFENSES; PENALTIES <PENALTY>.  (a)  A person
    9-4  commits an offense if the person:
    9-5              (1)  operates a vehicle storage facility that does not
    9-6  have a valid license issued under this article; or
    9-7              (2)  violates any rule adopted by the commission under
    9-8  this article.
    9-9        (b)  A person convicted of an offense under this section
   9-10  shall be punished by a fine of not less than $200 and not more than
   9-11  $500 <An offense under this section is a Class C misdemeanor>.
   9-12        (c)  A person commits a separate offense for each day the
   9-13  person acts in violation of this section.
   9-14        SECTION 11.  Sections 1, 2, 3, 4, 6, 7, 8, and 11, Chapter
   9-15  1135, Acts of the 70th Legislature, Regular Session, 1987 (Article
   9-16  6687-9b, Vernon's Texas Civil Statutes), are amended to read as
   9-17  follows:
   9-18        Sec. 1.  Definitions.  In this Act:
   9-19              (1)  "Commission" means the Railroad Commission of
   9-20  Texas <Commission of Licensing and Regulation>.
   9-21              (2)  <"Commissioner" means the commissioner of
   9-22  licensing and regulation.>
   9-23              <(3)  "Department" means the Texas Department of
   9-24  Licensing and Regulation.>
   9-25              <(4)>  "Tow truck" means a motor vehicle or mechanical
   10-1  device adapted or used to tow, winch, or otherwise move <disabled>
   10-2  motor vehicles.
   10-3              (3) <(5)>  "Tow truck owner" means a person engaged in
   10-4  the business of using a tow truck to tow, winch, or otherwise move
   10-5  a motor vehicle.
   10-6        Sec. 2.  Registration Requirement.  (a)  Except as provided
   10-7  by Sections <Section> 5 and 11A of this Act, a person may not
   10-8  operate a tow truck in this state unless the tow truck is
   10-9  registered with the commission <department> as provided by this
  10-10  Act.
  10-11        (b)  The commission <commissioner> shall issue a certificate
  10-12  of registration to a tow truck owner whose vehicle meets the
  10-13  registration requirements prescribed by rule of the
  10-14  commission <commissioner> and who pays the registration fee.
  10-15        (c)  A certificate of registration issued under this Act is
  10-16  not transferable.
  10-17        (d)  Registration fees collected under this Act shall be
  10-18  deposited in a special account in the general revenue fund to be
  10-19  known as the tow truck registration account, which may be
  10-20  appropriated only to the commission for the registration and
  10-21  regulation of tow trucks.
  10-22        Sec. 3.  POWERS AND DUTIES OF COMMISSION <COMMISSIONER>.  The
  10-23  commission <commissioner> shall adopt rules, in the interest of
  10-24  public safety, that provide requirements for registration and
  10-25  maintenance of registration under this Act.  Rules adopted under
   11-1  this section must include <regarding only the> minimum insurance
   11-2  requirements for the operation of tow trucks and minimum safety
   11-3  standards regarding the operation of tow trucks.
   11-4        Sec. 4.  IDENTIFICATION REQUIREMENT.  (a)  A <To be eligible
   11-5  for registration under this Act, a> tow truck covered by this Act
   11-6  must be labeled on both sides of the tow truck with the name, city
   11-7  <address>, and telephone number of the tow truck business of the
   11-8  tow truck owner.
   11-9        (b)  The commission <commissioner> shall adopt rules relating
  11-10  to the identification requirement imposed under this section.
  11-11        Sec. 6.  RENEWAL.  A certificate of registration is valid for
  11-12  the period set by the commission and may be renewed by paying to
  11-13  the commission <commissioner> the required renewal fee.
  11-14        Sec. 7.  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.
  11-15  (a)  The commission <commissioner> may deny, suspend, revoke, or
  11-16  reinstate a certificate of registration.
  11-17        (b)  The commission <commissioner> shall adopt rules
  11-18  establishing the procedures for denial, suspension, revocation, or
  11-19  reinstatement of a certificate of registration for failure to
  11-20  follow the <insurance and minimum  safety> requirements established
  11-21  by the commission <commissioner>.
  11-22        (c)  Proceedings relating to the denial, suspension, or
  11-23  revocation of a certificate of registration issued under this Act
  11-24  are subject to the Administrative Procedure and Texas Register Act
  11-25  (Article 6252-13a, Vernon's Texas Civil Statutes).
   12-1        Sec. 8.  OFFENSES; PENALTIES <PENALTY>.  (a)  A person
   12-2  commits an offense if the person:
   12-3              (1)  violates a rule adopted by the commission under
   12-4  this Act; or
   12-5              (2)  operates <for compensation> a tow truck that does
   12-6  not have:
   12-7                    (A)  a valid certificate of registration issued
   12-8  under this Act; and
   12-9                    (B)  a valid tow truck license plate attached to
  12-10  the rear of the tow truck that is clearly visible from the rear of
  12-11  the truck.
  12-12        (b)  A person convicted of a violation of this section shall
  12-13  be punished by a fine of not less than $200 and not more than $500
  12-14  <An offense under this section is a Class C misdemeanor>.
  12-15        (c)  A person commits a separate offense for each day the
  12-16  person acts in violation of this section.
  12-17        Sec. 11.  <EFFECTIVE DATE FOR REGISTRATION> REQUIREMENT OF
  12-18  DRIVER'S LICENSE.  (a)  A person who holds a valid driver's license
  12-19  or a valid commercial driver's license may not be required by a
  12-20  municipality or political subdivision in this state to obtain a
  12-21  license from the municipality or political subdivision for the
  12-22  operation of a tow truck.  A municipality may require a municipal
  12-23  license for a tow truck operator performing private property tows
  12-24  within the boundaries of the municipality without regard to the
  12-25  location of the place of  business of the tow truck owner.  A
   13-1  license fee may not exceed $15.
   13-2        (b)  In this section:
   13-3              (1)  "Driver's license" has the meaning assigned by
   13-4  Section 1, Chapter 173, Acts of the 47th Legislature, Regular
   13-5  Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes),
   13-6  including subsequent amendments to that definition.
   13-7              (2)  "Commercial driver's license" has the meaning
   13-8  assigned by Section 3, Texas Commercial Driver's License Act
   13-9  (Article 6687b-2, Revised Statutes), including subsequent
  13-10  amendments to that definition <is engaged in business as a tow
  13-11  truck owner on September 1, 1987, is not required to obtain a
  13-12  certificate of registration under this Act for that tow truck until
  13-13  February 1, 1988>.
  13-14        SECTION 12.  Chapter 1135, Acts of the 70th Legislature,
  13-15  Regular Session, 1987 (Article 6687-9b, Vernon's Texas Civil
  13-16  Statutes), is amended by adding Section 11A to read as follows:
  13-17        Sec. 11A.  EXCLUSIONS; EXEMPTIONS.  (a)  The following
  13-18  vehicles are excluded from regulation under this Act and exempted
  13-19  from registration under this Act:
  13-20              (1)  a tow truck that is:
  13-21                    (A)  registered under the motor vehicle
  13-22  registration laws of another state;
  13-23                    (B)  operated in connection with and based at a
  13-24  towing business located in another state;
  13-25                    (C)  registered with a department or agency of
   14-1  another state;
   14-2                    (D)  regulated under the laws of another state
   14-3  that, as to the operation of tow trucks, establish standards that
   14-4  equal or exceed the requirements of this Act; and
   14-5                    (E)  operated only temporarily or occasionally on
   14-6  the highways of this state;
   14-7              (2)  a tow truck owned by and used exclusively in the
   14-8  service of the United States, the State of Texas, a county, a city,
   14-9  or a school district;
  14-10              (3)  a light commercial vehicle having a manufacturer's
  14-11  rated carrying capacity of one ton or less to which a chain, strap,
  14-12  or rented tow bar or towing device is affixed and that is operated
  14-13  by an individual not in an automotive-related or
  14-14  motor-vehicle-related business;
  14-15              (4)  a vehicle that is towing a race car, a motor
  14-16  vehicle for exhibition, or an antique motor vehicle and is not
  14-17  being operated as a part of a business or profession;
  14-18              (5)  a recreational vehicle, as defined by the Texas
  14-19  Commercial Driver's License Act (Article 6687b-2, Revised
  14-20  Statutes), including subsequent amendments to that definition,
  14-21  towing another vehicle for a noncommercial purpose;
  14-22              (6)  a commercial transport vehicle that is capable of
  14-23  hauling four or more motor vehicles;
  14-24              (7)  a vehicle used only for towing motorcycles and
  14-25  incapable of towing any other type of vehicle;
   15-1              (8)  a non-tow-truck vehicle or tow device used by a
   15-2  rental car agency to move vehicles for customer use;
   15-3              (9)  a non-tow-truck vehicle or tow device used in
   15-4  agricultural operations for agricultural purposes; and
   15-5              (10)  non-tow-truck vehicles or tow devices owned by a
   15-6  licensee of the Motor Vehicle Board of the Texas Department of
   15-7  Transportation in transporting a vehicle owned by the licensee or a
   15-8  customer of the licensee.
   15-9        (b)  The commission shall adopt rules to administer this
  15-10  section.
  15-11        SECTION 13.  Chapter 1135, Acts of the 70th Legislature,
  15-12  Regular Session, 1987 (Article 6687-9b, Vernon's Texas Civil
  15-13  Statutes), is amended by adding Section 11B to read as follows:
  15-14        Sec. 11B.  FEES.  Fees collected under this Act shall be
  15-15  remitted to the comptroller for deposit to the credit of an account
  15-16  in the general revenue fund, which shall be designated by the
  15-17  comptroller.  Money in the account may be appropriated only to the
  15-18  commission for the enforcement of this Act.
  15-19        SECTION 14.  Subsection (c), Section 3, Chapter 42, General
  15-20  Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
  15-21  (Article 6701d-11, Vernon's Texas Civil Statutes), is amended by
  15-22  adding Subdivision (8) to read as follows:
  15-23              (8)  The length limitations of this subsection do not
  15-24  apply to the combination of a tow truck and another vehicle or
  15-25  vehicle combination if:
   16-1                    (A)  the other vehicle or vehicle combination
   16-2  cannot be normally or safely driven or was abandoned on a highway;
   16-3  and
   16-4                    (B)  the tow truck is towing the other vehicle or
   16-5  vehicle combination directly from its location on the highway to
   16-6  the nearest authorized place of repair, terminal, or destination of
   16-7  unloading.
   16-8        SECTION 15.  (a)  A rule adopted by the Texas Commission of
   16-9  Licensing and Regulation or the commissioner of licensing and
  16-10  regulation under Chapter 1135, Acts of the 70th Legislature,
  16-11  Regular Session, 1987 (Article 6687-9b, Vernon's Texas Civil
  16-12  Statutes), or the Vehicle Storage Facility Act (Article 6687-9a,
  16-13  Revised Statutes) before the effective date of this Act remains in
  16-14  effect as a rule of the Railroad Commission of Texas.
  16-15        (b)  A certificate of registration or a license that is valid
  16-16  on the effective date of this Act remains valid until it expires or
  16-17  until the Railroad Commission of Texas suspends or revokes the
  16-18  registration or license.
  16-19        (c)  A proceeding to suspend or revoke a certificate of
  16-20  registration issued under Chapter 1135, Acts of the 70th
  16-21  Legislature, Regular Session, 1987 (Article 6687b, Vernon's Texas
  16-22  Civil Statutes), or a license issued under the Vehicle Storage
  16-23  Facility Act (Article 6687-9a, Revised Statutes) pending before the
  16-24  Texas Commission of Licensing and Regulation on the effective date
  16-25  of this Act is transferred without change in status to the Railroad
   17-1  Commission of Texas on the effective date of this Act.
   17-2        (d)  All records of the Texas Commission of Licensing and
   17-3  Regulation involving the registration of tow trucks under Chapter
   17-4  1135, Acts of the 70th Legislature, Regular Session, 1987 (Article
   17-5  6687-9b, Vernon's Texas Civil Statutes), or the licensing of
   17-6  vehicle storage facilities under the Vehicle Storage Facility Act
   17-7  (Article 6687-9a, Revised Statutes) shall be, on the effective date
   17-8  of this Act, transferred to the Railroad Commission of Texas.
   17-9        SECTION 16.  Subdivision (2), Section 2, Vehicle Storage
  17-10  Facility Act (Article 6687-9a, Revised Statutes), is repealed.
  17-11        SECTION 17.  (a)  This Act takes effect September 1, 1993.
  17-12        (b)  The changes in law made by Sections 10 and 11 of this
  17-13  Act apply only to an offense committed on or after that date.  An
  17-14  offense committed before the effective date of this Act is covered
  17-15  by the law in effect when the offense was committed, and the former
  17-16  law is continued in effect for that purpose.  For purposes of this
  17-17  section, an offense was committed before the effective date of this
  17-18  Act if any element of the offense occurred before that date.
  17-19        SECTION 18.  The importance of this legislation and the
  17-20  crowded condition of the calendars in both houses create an
  17-21  emergency and an imperative public necessity that the
  17-22  constitutional rule requiring bills to be read on three several
  17-23  days in each house be suspended, and this rule is hereby suspended.