By: Truan S.B. No. 1278
73R4446 CAG-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of lead-related activities; providing
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 4A, Title 71, Revised Statutes, is
1-6 amended by adding Article 4477-3b to read as follows:
1-7 Art. 4477-3b. LEAD-RELATED ACTIVITY
1-8 Sec. 1. SHORT TITLE. This article may be cited as the Texas
1-9 Lead Inspection and Abatement Act.
1-10 Sec. 2. DEFINITIONS. In this article:
1-11 (1) "Board" means the Texas Board of Health.
1-12 (2) "Commissioner" means the commissioner of health.
1-13 (3) "Department" means the Texas Department of Health.
1-14 (4) "Encapsulation" means a method of control of lead
1-15 in which the surface of a lead-containing material is penetrated by
1-16 or covered by a coating prepared for that purpose.
1-17 (5) "Enclosure" means a method of control of lead by
1-18 construction of an effective barrier around the lead to prevent
1-19 physical contact or migration of lead to the outside of the
1-20 barrier.
1-21 (6) "Lead" includes metallic lead and lead-containing
1-22 substances.
1-23 (7) "Lead abatement" means an activity for the purpose
1-24 of or that has the effect of reducing or eliminating concentrations
2-1 of lead including the removal, encapsulation, or enclosure of lead.
2-2 (8) "Lead disposal" means an activity for the purpose
2-3 of or that has the effect of disposing, storing, or treating lead.
2-4 (9) "Lead inspection" means an examination, analysis,
2-5 or inspection of an area to determine concentrations of lead
2-6 including on-site sampling or assessment of lead content.
2-7 (10) "Lead-related activity" means an activity
2-8 required to be licensed under this article, including conducting
2-9 lead inspections, abatement, or removal of lead or analyzing
2-10 environmental samples for lead content.
2-11 (11) "Lead removal" means an action that disturbs,
2-12 dislodges, strips, or otherwise takes away lead.
2-13 (12) "Owner" means a person, who jointly or severally,
2-14 has title to a residence or residential unit, has charge, care, or
2-15 control of a residence or residential unit as owner or agent of the
2-16 owner, or as executor, administrator, trustee, or guardian of the
2-17 estate of the owner, or owns or has charge, care, or control of a
2-18 public building. The term does not include a bank, a lending
2-19 institution, a mortgage company, or a mortgagee unless a mortgagee
2-20 takes actual physical possession under applicable law.
2-21 (13) "Person" has the meaning assigned by Section
2-22 311.005, Government Code.
2-23 (14) "Physician" means a person licensed to practice
2-24 medicine by the Texas State Board of Medical Examiners.
2-25 (15) "Public building" means a building, whether
2-26 occupied or vacant, used or to be used to provide for public access
2-27 or occupancy, except a building owned or operated by the federal
3-1 government or a building used to house a manufacturing process.
3-2 (16) "Residence" means a building or structure, or a
3-3 portion of a building or structure, that is occupied in whole or in
3-4 part as the private home, dwelling, or sleeping place of one or
3-5 more individuals, and includes a residence that serves as a private
3-6 child care facility.
3-7 (17) "Residential unit" means an apartment, a
3-8 condominium, or other space located in a public or nonpublic
3-9 building used as a residence.
3-10 Sec. 3. LICENSES REQUIRED. (a) A person must be licensed
3-11 by the department to engage in lead-related activities that the
3-12 board by rule has determined must be licensed. Lead-related
3-13 activities for which a license must be obtained include:
3-14 (1) abating or removing lead from a public building,
3-15 residence, or residential unit;
3-16 (2) conducting a lead inspection of a residence,
3-17 residential unit, or public building;
3-18 (3) providing laboratory analysis of environmental
3-19 samples for lead content; and
3-20 (4) sponsoring an initial training course or refresher
3-21 training course necessary for a lead-related activity license.
3-22 (b) A person who supervises or performs maintenance, repair,
3-23 installation, renovation, or cleaning of a public building,
3-24 residence, or residential unit and who may dislodge, break, cut,
3-25 abrade, or impinge upon lead-containing materials must be licensed
3-26 under this article whether or not the principle goal of the
3-27 maintenance, repair, installation, or cleaning is the removal of
4-1 lead-containing materials.
4-2 (c) The board shall determine and specify the scope,
4-3 purpose, eligibility, qualifications, and compliance requirements
4-4 for each class of license necessary for the board to carry out its
4-5 duties under this article.
4-6 (d) In an emergency that results from a sudden unexpected
4-7 event that is not a planned renovation or demolition, the
4-8 department on notification may waive the requirement for a license.
4-9 (e) A person engaged in lead abatement in a public building,
4-10 residence, or residential unit must notify the department in
4-11 writing according to the rules adopted by the board at least 10
4-12 days before the date of the beginning of the abatement project.
4-13 Oral notification may be substituted for written notification if
4-14 the abatement project is of an emergency nature.
4-15 Sec. 4. RULES. The board shall adopt rules to implement
4-16 this article and to provide guidance to the department in
4-17 discharging its responsibilities. The board by rule shall
4-18 establish:
4-19 (1) classes of licenses based on the type of
4-20 lead-related activities to be undertaken and shall specify:
4-21 (A) the purpose of the license;
4-22 (B) the scope of lead-related activities
4-23 permitted under the license;
4-24 (C) the eligibility requirements for the
4-25 issuance of the license; and
4-26 (D) the compliance standards for each type of
4-27 activity permitted under the license;
5-1 (2) procedures for license application, renewal, or
5-2 amendment;
5-3 (3) criteria for the denial, modification, suspension,
5-4 emergency suspension, or revocation of a license;
5-5 (4) standards at least as stringent as federal
5-6 standards, if any, to protect the occupational safety and health of
5-7 licensed persons not governed by the standards of the Occupational
5-8 Safety and Health Administration;
5-9 (5) standards for health risk instruction, safety
5-10 procedures, protective equipment, and other safeguards to prevent
5-11 contamination of a public building, residence, or residential unit
5-12 to protect a person exposed to lead as a result of lead-related
5-13 activities; and
5-14 (6) standards for ambient discharges and other
5-15 environmental contamination including the level of lead acceptable
5-16 during the performance of a renovation or rehabilitation that
5-17 disturbs paint, plaster, or other materials containing dangerous
5-18 levels of lead to be used by a person engaged in lead-related
5-19 activities.
5-20 Sec. 5. QUALIFICATIONS FOR LICENSURE. (a) To qualify for a
5-21 license under this article, a person must meet the requirements of
5-22 this section and other requirements contained in the board's rules.
5-23 (b) A person engaged in a lead-related activity in a public
5-24 building, residence, or a residential unit must ensure that each
5-25 employee or agent who comes in contact with lead or who will be
5-26 responsible for the activity:
5-27 (1) is familiar with federal, state, and local
6-1 standards for lead abatement;
6-2 (2) has completed an approved course of instruction
6-3 applicable to the lead-related activity for which the license was
6-4 issued; and
6-5 (3) is supplied with approved equipment in good
6-6 working order for the person's protection and for the protection of
6-7 the public and the environment.
6-8 (c) A person engaged in lead-related activities must
6-9 demonstrate to the department that the person is capable of
6-10 complying with all applicable standards of the department, the
6-11 Environmental Protection Agency, the Occupational Safety and Health
6-12 Administration, the United States Department of Housing and Urban
6-13 Development, and any other state or federal agency with authority
6-14 to regulate activities affecting the control and abatement of lead.
6-15 Sec. 6. COURSES OF INSTRUCTION IN LEAD-RELATED ACTIVITIES;
6-16 APPROVAL. (a) A sponsor of an initial or refresher lead training
6-17 course must be licensed by the department. The board by rule shall
6-18 establish requirements for lead training.
6-19 (b) A sponsor shall furnish records to the department of
6-20 licensees who attended a course of instruction for lead-related
6-21 activity licensure as required by the rules of the board.
6-22 (c) The board by rule may require the use and method of use
6-23 of standardized examinations as a prerequisite to licensing under
6-24 this article.
6-25 (d) The board may authorize the use of a voluntary
6-26 standardized examination as a means of self-assessment for a person
6-27 taking the licensing examination.
7-1 (e) The board may set a fee for the administration of an
7-2 examination not to exceed $100.
7-3 (f) Notice, hearing, appeal, and judicial review of final
7-4 agency decisions required by this section shall be conducted in
7-5 accordance with Section 13 of this article.
7-6 Sec. 7. REQUIRED RECORDS. (a) A licensee shall:
7-7 (1) keep a record of each lead-related activity that
7-8 the licensee performs in a residence, residential unit, or public
7-9 building; and
7-10 (2) make the record available to the department at any
7-11 reasonable time.
7-12 (b) A record required by this section shall be kept for the
7-13 longer of:
7-14 (1) 30 years; or
7-15 (2) the period required by federal regulations.
7-16 (c) The record required of a licensee participating in a
7-17 lead-related activity for a residence, residential unit, or public
7-18 building shall include information required by board rule.
7-19 Sec. 8. LICENSE APPLICATION. (a) A person who wishes to
7-20 engage in a lead-related activity requiring a license under this
7-21 article must submit an application to the department on the form
7-22 prescribed by the department and pay to the department a
7-23 nonrefundable application fee in the amount set by board rule.
7-24 (b) The application form must be signed by the applicant and
7-25 must include the information required by board rule.
7-26 (c) The department may not review or act on an application
7-27 until the application is submitted in accordance with the board's
8-1 procedural rules and contains the information required on the
8-2 application form or required by board rule.
8-3 (d) An application expires if the applicant fails or refuses
8-4 to complete the application within 90 days after the date on which
8-5 the applicant received notice that the application is incomplete or
8-6 was improperly submitted. The department may not act on an expired
8-7 application and the applicant must reapply and pay another
8-8 application fee.
8-9 Sec. 9. TERM AND RENEWAL OF LICENSE. (a) A license issued
8-10 under this article expires as specified by board rule; however, the
8-11 board may not set a term of a license at less than one year.
8-12 Licenses may be renewed as specified by board rule.
8-13 (b) The board by rule shall specify the procedures for the
8-14 renewal of licenses, and may allow staggered renewal of licenses.
8-15 The rules must include a provision for notice to the licensee of
8-16 the impending expiration of the license.
8-17 (c) Before a license expires, the licensee may renew it for
8-18 an additional term, if the licensee:
8-19 (1) is entitled to be licensed;
8-20 (2) pays the department a nonrefundable renewal fee in
8-21 the amount set by the board; and
8-22 (3) submits to the department a complete application
8-23 for license renewal on a form prescribed by the department.
8-24 (d) The terms and conditions of a license are subject to
8-25 amendment or modification by rules or orders issued under this
8-26 article.
8-27 (e) A license issued under this article may not be assigned
9-1 to another person.
9-2 (f) A licensee may request a replacement license on
9-3 completion of an appropriate application and the payment of a
9-4 replacement fee.
9-5 Sec. 10. FEES. (a) The board shall charge a fee for:
9-6 (1) a license that is reviewed, issued, renewed,
9-7 amended, or replaced; or
9-8 (2) an inspection performed under this article or a
9-9 rule adopted or order issued under this article.
9-10 (b) The aggregate of the fees set by the board and collected
9-11 by the department must be in an amount sufficient to cover the
9-12 administrative costs of the department incurred in:
9-13 (1) amending and renewing licenses;
9-14 (2) inspecting a residence, residential unit, or
9-15 public building at which the applicant or licensee is engaging in a
9-16 lead-related activity; and
9-17 (3) implementing and enforcing this article, including
9-18 implementing and enforcing a rule or order adopted, or a license
9-19 issued, under this article.
9-20 (c) Fees collected under this article by the department
9-21 shall be deposited in a special account in the general revenue fund
9-22 and may be used only for the administration and enforcement of this
9-23 article.
9-24 Sec. 11. REPRIMAND, MODIFICATION, SUSPENSION, AND
9-25 REVOCATION. (a) After notice to the licensee and an opportunity
9-26 for a hearing, the department may reprimand the licensee or modify,
9-27 suspend, or revoke a license issued under this article.
10-1 (b) The board by rule shall adopt the criteria for
10-2 departmental action under this section, including a licensee's:
10-3 (1) obtaining or attempting to obtain a license or a
10-4 contract to perform lead-related activities by fraud or deception;
10-5 (2) failing to meet the qualifications for a license;
10-6 (3) failing to comply with the rules adopted under
10-7 this article;
10-8 (4) failing to comply with an applicable federal or
10-9 state standard for licensed lead-related activities; or
10-10 (5) failing to maintain a record required by a federal
10-11 agency or by the department for the licensed lead-related
10-12 activities or falsifying the record.
10-13 (c) If a license issued under this article has been
10-14 suspended or revoked, the person to whom the license was issued is
10-15 not eligible to reapply for a license under this article for a
10-16 period established by board rule.
10-17 (d) Notice, administrative hearings, and judicial review of
10-18 final agency decisions required by this section shall be conducted
10-19 in accordance with Section 13 of this article.
10-20 Sec. 12. EMERGENCY ORDERS. (a) The commissioner or the
10-21 commissioner's designee may issue an emergency order relating to
10-22 the performance of a lead-related activity within the department's
10-23 jurisdiction if the commissioner or the commissioner's designee
10-24 determines that:
10-25 (1) the performance of the lead-related activity
10-26 creates or poses an immediate and serious threat to human life or
10-27 health; and
11-1 (2) other procedures available to the department to
11-2 remedy or prevent the occurrence of the situation will result in
11-3 unreasonable delay.
11-4 (b) The commissioner or the commissioner's designee may
11-5 issue the emergency order without notice and hearing.
11-6 (c) If an emergency order is issued without a hearing,
11-7 including an emergency order amending or suspending a license
11-8 issued under this article, the order is effective immediately. The
11-9 department shall provide an opportunity for a hearing not later
11-10 than the 20th day after the date on which the commissioner or
11-11 commissioner's designee issued the order.
11-12 (d) Notice, administrative hearing, and judicial review of
11-13 final agency decisions required under this section shall be
11-14 conducted in accordance with Section 13 of this article.
11-15 Sec. 13. NOTICE; ADMINISTRATIVE HEARINGS; APPEALS. (a) The
11-16 notice and the administrative hearing required under this article
11-17 shall be conducted in accordance with the applicable provisions of
11-18 the Administrative Procedure and Texas Register Act (Article
11-19 6252-13a, Vernon's Texas Civil Statutes), and its subsequent
11-20 amendments and the board's formal hearing rules.
11-21 (b) Judicial review of an order or decision of the
11-22 commissioner or the commissioner's designee or the board under this
11-23 article shall be conducted under the substantial evidence rule and
11-24 shall be instituted by filing a petition in a district court of
11-25 Travis County as provided by Section 19, Administrative Procedure
11-26 and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
11-27 Statutes), and its subsequent amendments.
12-1 Sec. 14. COMPLIANCE WITH STANDARDS NOT A DEFENSE.
12-2 Compliance with any minimum standards adopted by the board under
12-3 this article does not constitute a defense in a civil action for
12-4 damages arising from a work activity affecting lead.
12-5 Sec. 15. CIVIL PENALTY; INJUNCTION. (a) If it appears that
12-6 a person has violated, is violating, or is threatening to violate
12-7 this article or a rule adopted or order issued under this article,
12-8 the commissioner or the commissioner's designee may request the
12-9 attorney general or the district, county, or municipal attorney of
12-10 the municipality or county in which the violation has occurred, is
12-11 occurring, or may occur to institute a civil suit for:
12-12 (1) injunctive relief to restrain the person from
12-13 continuing the violation or threat of violation;
12-14 (2) the assessment and recovery of a civil penalty; or
12-15 (3) both injunctive relief and a civil penalty.
12-16 (b) The district court may grant injunctive relief or a
12-17 civil penalty, or both, as warranted by the facts. The injunctive
12-18 relief may include a prohibitory or mandatory injunction warranted
12-19 by the facts, including a temporary restraining order, temporary
12-20 injunction, or permanent injunction.
12-21 (c) A civil penalty shall be set in an amount not to exceed
12-22 $10,000 a day for each violation. Each day of violation
12-23 constitutes a separate violation for purposes of the penalty
12-24 assessment.
12-25 (d) If it appears that the owner of a public building, a
12-26 residence, or a residential unit or the owner's agent has
12-27 contracted with or permitted an unlicensed person to perform in
13-1 that building a lead-related activity that may be performed only by
13-2 a person licensed under this article, the commissioner may request
13-3 the institution of a civil suit for the collection of a civil
13-4 penalty or injunctive relief, or both, as provided by Subsections
13-5 (a) and (b) of this section.
13-6 (e) In determining the amount of the civil penalty, the
13-7 court shall consider:
13-8 (1) the person's history of previous violations;
13-9 (2) the seriousness of the violation;
13-10 (3) any hazard to the health, safety, or rights of the
13-11 public posed by the violation;
13-12 (4) the demonstrated good faith of the person charged;
13-13 and
13-14 (5) any other matters that justice may require.
13-15 (f) Venue for a suit brought under this section is in the
13-16 county in which the violation occurred, the county in which the
13-17 defendant resides, or Travis County.
13-18 (g) A civil penalty recovered in a suit instituted by the
13-19 attorney general under this article shall be deposited in the state
13-20 treasury. A civil penalty recovered in a suit instituted by a
13-21 district, county, or a municipal attorney under this article, shall
13-22 be divided equally between the state and the county or municipality
13-23 that brought the suit.
13-24 (h) The commissioner, the attorney general, or a district,
13-25 county, or municipal attorney may each recover reasonable expenses
13-26 incurred in obtaining injunctive relief or civil penalties under
13-27 this section. Expenses may include investigative costs, court
14-1 costs, reasonable attorney's fees, witness fees, and deposition
14-2 expenses. The expenses collected by the commissioner and the
14-3 attorney general shall be deposited in the state treasury. The
14-4 expenses recovered by a district, county, or municipal attorney
14-5 shall be deposited in the appropriate county or municipal account
14-6 as provided by law.
14-7 Sec. 16. ADMINISTRATIVE PENALTY. (a) If a person violates
14-8 this article or a rule adopted or order issued under this article,
14-9 the commissioner may assess an administrative penalty against that
14-10 person.
14-11 (b) The penalty may be in an amount not to exceed $10,000 a
14-12 day for each violation. Each day a violation continues may be
14-13 considered a separate violation for purposes of the penalty
14-14 assessment.
14-15 (c) In determining the amount of the penalty, the
14-16 commissioner shall consider:
14-17 (1) the person's history of previous violations;
14-18 (2) the seriousness of the violation;
14-19 (3) any hazard to the health, safety, or rights of the
14-20 public posed by the violations;
14-21 (4) the demonstrated good faith of the person charged;
14-22 and
14-23 (5) any other matter that justice may require.
14-24 (d) The administrative penalty may be assessed only after
14-25 the person charged with the violation has been given the
14-26 opportunity for a hearing.
14-27 (e) If a hearing has been held, the commissioner shall make
15-1 findings of fact and shall issue a written decision about the
15-2 occurrence of the violation and the amount of the penalty, if any,
15-3 that is warranted.
15-4 (f) The commissioner may consolidate a hearing with other
15-5 proceedings.
15-6 (g) If the person charged with the violation fails to avail
15-7 himself of the opportunity for a hearing, an administrative penalty
15-8 may be assessed by the commissioner after the commissioner has
15-9 determined that a violation occurred and the amount of the penalty,
15-10 if any, that is warranted.
15-11 (h) After making a determination under Subsection (g) of
15-12 this section, the commissioner shall issue an order requiring that
15-13 the penalty be paid.
15-14 (i) On the issuance of an order finding that a violation has
15-15 occurred, the commissioner shall inform the person charged, within
15-16 30 days after the date of the issuance, of the amount of the
15-17 penalty.
15-18 (j) Within 30 days after the date the commissioner's order
15-19 is final as provided by Section 16(c), Administrative Procedure and
15-20 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
15-21 Statutes), and its subsequent amendments, the person charged with
15-22 the violation shall:
15-23 (1) pay the amount of the penalty;
15-24 (2) pay the amount of the penalty and file a petition
15-25 for judicial review contesting the fact of the violation, the
15-26 amount of the penalty, or both the fact of the violation and the
15-27 amount; or
16-1 (3) without paying the amount of the penalty, file a
16-2 petition for judicial review contesting the fact of the penalty,
16-3 the amount of the penalty, or both the fact of the penalty and the
16-4 amount.
16-5 (k) Within the 30-day period, a person who acts under
16-6 Subsection (j)(3) of this section may:
16-7 (1) stay enforcement of the penalty by:
16-8 (A) paying the amount of the penalty to the
16-9 court for placement in an escrow account; or
16-10 (B) giving to the court a supersedeas bond that
16-11 is in a form approved by the court for the amount of the penalty
16-12 and that is effective until all judicial review of the order is
16-13 final; or
16-14 (2) request the court to stay enforcement of the
16-15 penalty by:
16-16 (A) filing with the court a sworn affidavit of
16-17 the person stating that the person is financially unable to pay the
16-18 amount of the penalty and is financially unable to give the
16-19 supersedeas bond; and
16-20 (B) delivering a copy of the affidavit to the
16-21 commissioner.
16-22 (l) The commissioner may file with the court within five
16-23 days after the date the copy is received a contest to the
16-24 affidavit. The court shall hold a hearing on the facts alleged in
16-25 the affidavit as soon as practicable. The person who files an
16-26 affidavit has the burden of proving that the person is financially
16-27 unable to pay the amount of the penalty and to give a supersedeas
17-1 bond.
17-2 (m) If the person does not pay the amount of the penalty and
17-3 the enforcement of the penalty is not stayed, the commissioner may
17-4 refer the matter to the attorney general for enforcement.
17-5 (n) Judicial review of the order of the commissioner:
17-6 (1) is instituted by filing a petition as provided by
17-7 Section 19, Administrative Procedure and Texas Register Act
17-8 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
17-9 subsequent amendments, with the district court of Travis County,
17-10 Texas; and
17-11 (2) is under the substantial evidence rule.
17-12 (o) If the person paid the amount of the penalty and if that
17-13 amount is reduced or not assessed by the court, the court shall
17-14 order that the appropriate amount plus accrued interest be remitted
17-15 to the person. The rate of the interest is the rate charged on
17-16 loans to depository institutions by the New York Federal Reserve
17-17 Bank, and the interest shall be paid for the period beginning on
17-18 the date the penalty is paid and ending on the date the penalty is
17-19 remitted. If the person gave a supersedeas bond, the court shall
17-20 order the release of the bond:
17-21 (1) without further action by the person if the
17-22 penalty is not assessed by the court; or
17-23 (2) on payment of the penalty in the amount determined
17-24 by the court.
17-25 (p) A penalty collected under this section shall be remitted
17-26 to the comptroller for deposit in the general revenue fund.
17-27 Sec. 17. CRIMINAL PENALTY. (a) A person who is required to
18-1 be licensed under this article commits an offense if the person
18-2 engages in a lead-related activity without a license issued under
18-3 this article.
18-4 (b) An offense under this section is a Class B misdemeanor.
18-5 SECTION 2. (a) The Texas Board of Health, by rule, may
18-6 authorize employees of the department, local health units, local
18-7 health departments, public health districts, code enforcement
18-8 agencies, and other unlicensed persons to engage in lead-related
18-9 activities temporarily without receiving a license under Article
18-10 4477-3b, Revised Statutes, as added by this Act, until September 1,
18-11 1994. The board by rule shall set out conditions, if any, under
18-12 which unlicensed inspectors may conduct inspections during this
18-13 period.
18-14 (b) The board by rule may require the education of an
18-15 unlicensed person engaging in lead-related activities in:
18-16 (1) safe work practices;
18-17 (2) instruction in health risks;
18-18 (3) precautionary measures;
18-19 (4) protective equipment and other safeguards; and
18-20 (5) practices to prevent the contamination of public
18-21 buildings, residences, and residential units, ambient discharges,
18-22 and the soil.
18-23 (c) To provide for an orderly initiation of the licensing
18-24 program established under Article 4477-3b, Revised Statutes, as
18-25 added by this Act, the board by rule may permit the department to
18-26 issue initial licenses with staggered expiration dates. The term
18-27 of an initial license may not be less than one year and may not be
19-1 more than two years.
19-2 (d) If the board uses staggered expiration dates for the
19-3 initial license period, the board shall prorate the license fee for
19-4 an initial license based upon the length of time the license is in
19-5 effect.
19-6 SECTION 3. This Act takes effect September 1, 1993.
19-7 SECTION 4. The importance of this legislation and the
19-8 crowded condition of the calendars in both houses create an
19-9 emergency and an imperative public necessity that the
19-10 constitutional rule requiring bills to be read on three several
19-11 days in each house be suspended, and this rule is hereby suspended.