By De La Garza                                         H.B. No. 213
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the records of the conviction or adjudication of a
    1-3  minor.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 51.14(a)-(c), Family Code, as amended by
    1-6  Chapters 385, 515, and 576, Acts of the 70th Legislature, Regular
    1-7  Session, 1987, are amended to read as follows:
    1-8        (a)  Except as provided by Subsection (e) of this section, or
    1-9  by Article 15.27, Code of Criminal Procedure, all files and records
   1-10  of a juvenile court, a clerk of court, or a prosecuting attorney
   1-11  relating to a child who is a party to a proceeding under this title
   1-12  are open to inspection only by:
   1-13              (1)  the judge, probation officers, and professional
   1-14  staff or consultants of the juvenile court;
   1-15              (2)  an attorney for a party to the proceeding;
   1-16              (3)  a public or private agency or institution
   1-17  providing supervision of the child by arrangement of the juvenile
   1-18  court, or having custody of the child under juvenile court order;
   1-19  <or>
   1-20              (4)  a law enforcement officer as necessary for the
   1-21  purpose of verifying the child's identity or court orders related
   1-22  to the child's placement in the agency or institution; or
   1-23              (5)  with leave of juvenile court, any other person,
    2-1  agency, or institution having a legitimate interest in the
    2-2  proceeding or in the work of the court.
    2-3        (b)  All files and records of a public or private agency or
    2-4  institution providing supervision of a child by arrangement of the
    2-5  juvenile court or having custody of the child under order of the
    2-6  juvenile court are open to inspection only by:
    2-7              (1)  the professional staff or consultants of the
    2-8  agency or institution;
    2-9              (2)  the judge, probation officers, and professional
   2-10  staff or consultants of the juvenile court;
   2-11              (3)  an attorney for the child;
   2-12              (4)  with leave of the juvenile court, any other
   2-13  person, agency, or institution having a legitimate interest in the
   2-14  work of the agency or institution; <or>
   2-15              (5)  the Texas Department of Criminal Justice
   2-16  <Corrections>, the Department of Public Safety, and the Texas
   2-17  Juvenile Probation Commission, for the purpose of maintaining
   2-18  statistical records of recidivism, and for diagnosis and
   2-19  classification; or
   2-20              (6)  a law-enforcement officer as necessary for the
   2-21  purpose of verifying the child's identity or court orders related
   2-22  to the child's placement in the agency or institution.
   2-23        (c)  Except as provided by this subsection, law-enforcement
   2-24  files and records concerning a child shall be kept separate from
   2-25  files and records of arrests of adults and shall be maintained on a
    3-1  local basis only and not sent to a central state or federal
    3-2  depository.  The law-enforcement files and records of a person who
    3-3  is transferred from the Texas Youth Commission to the institutional
    3-4  division of the Texas Department of Criminal Justice <Corrections>
    3-5  under a determinate sentence may be transferred to a central state
    3-6  or federal depository for adult records on or after the date of
    3-7  transfer.  If a child has been reported as missing by a parent,
    3-8  guardian, or conservator of that child, has escaped from the
    3-9  custody of a juvenile detention facility, the Texas Youth
   3-10  Commission, or any other agency to which the child has been
   3-11  committed, or is the subject of a search warrant or felony arrest
   3-12  warrant issued by a court after the child has fled the jurisdiction
   3-13  of the court, any information or records concerning that child may
   3-14  be transferred to an disseminated by the Texas Crime Information
   3-15  Center and the National Crime Information Center.
   3-16        SECTION 2.  Sections 51.15(a)-(c), Family Code, as amended by
   3-17  Chapters 385, 515, and 576, Acts of the 70th Legislature, Regular
   3-18  Session, 1987, are amended to read as follows:
   3-19        (a)  No child may be fingerprinted without the consent of the
   3-20  juvenile court except as provided by this subsection or by
   3-21  subsections (f) and (i) of this section.  A child's fingerprints
   3-22  may be taken and filed by a law-enforcement officer investigating a
   3-23  case if<:>
   3-24              <(1)>  the child is <15 years of age or older and is>
   3-25  referred to the juvenile court for any felony<; or>
    4-1              <(2)  the child is under 15 years of age and is
    4-2  referred to the juvenile court for a felony listed in Section
    4-3  53.045(a) of this code>.
    4-4        (b)  Except as provided in Subsections (h) and (i) of this
    4-5  section, no child taken into custody may be photographed without
    4-6  the consent of the juvenile court unless<:>
    4-7              <(1)>  the child is <15 years of age or older and is>
    4-8  referred to the juvenile court for any <a> felony<; or>
    4-9              <(2)  the child is under 15 years of age and is
   4-10  referred to the juvenile court for a felony listed in Section
   4-11  53.045(a) of this code>.
   4-12        (c)  Except as provided by this subsection, fingerprint and
   4-13  photograph files or records of children shall be kept separate from
   4-14  those of adults <and fingerprints or photographs known to be those
   4-15  of a child shall be maintained on a local basis only and not sent
   4-16  to a central state or federal depository>.  If a child has been
   4-17  reported as missing by a parent, guardian, or conservator of that
   4-18  child or a child has escaped from the custody of a juvenile
   4-19  detention facility, the Texas Youth Commission, or any other agency
   4-20  to which the child has been committed, the child's fingerprints and
   4-21  photograph may be sent to and indexed into the files of the
   4-22  Department of Public Safety and the Federal Bureau of Investigation
   4-23  to aid in the location and identification of the child.
   4-24        SECTION 3.  Section 51.16, Family Code, is amended to read as
   4-25  follows:
    5-1        Section 51.16.  DESTRUCTION AND SEALING OF FILES AND RECORDS.
    5-2        (a)  On <Except as provided by Subsection (j) of this
    5-3  section, on> the application of a person 23 years of age or older
    5-4  who has been found to have engaged in delinquent conduct or conduct
    5-5  indicating a need for supervision, or who has been <a person> taken
    5-6  into custody to determine whether he engaged in delinquent conduct
    5-7  or conduct indicating a need for supervision, or on the juvenile
    5-8  court's own motion, the court, after hearing, shall order the
    5-9  sealing or destruction of the files and records in the case,
   5-10  including those specified in Sections 51.14 and 51.15 of this code,
   5-11  as provided by this section, if the court finds that:
   5-12              (1)  at least five <two> years have elapsed since final
   5-13  discharge of the person, or since the last official action in his
   5-14  case if there was no adjudication;
   5-15              (2)  since the time specified in Subdivision (1) of
   5-16  this subsection, he has not been convicted of a felony or a
   5-17  misdemeanor involving moral turpitude or found to have engaged in
   5-18  delinquent conduct or conduct indicating a need for supervision,
   5-19  and no proceeding is pending seeking conviction or adjudication;
   5-20  and
   5-21              (3)  it is unlikely the person will engage in further
   5-22  delinquent conduct or conduct indicating a need for supervision or
   5-23  will commit a felony or a misdemeanor involving moral turpitude.
   5-24        (b)  The court may grant the relief authorized in Subsection
   5-25  (a) of this section at any time after final discharge of the person
    6-1  or after the last official action in his case if there was no
    6-2  adjudication.
    6-3        (c)  Reasonable notice of the hearing shall be given to:
    6-4              (1)  the person who made the application or who is the
    6-5  subject of the files or records named in the motion;
    6-6              (2)  the prosecuting attorney for the juvenile court;
    6-7              (3)  the authority granting the discharge if the final
    6-8  discharge was from an institution or from parole;
    6-9              (4)  the public or private agency or institution having
   6-10  custody of files or records named in the application or motion; and
   6-11              (5)  the law-enforcement agency having custody of files
   6-12  or records named in the application or motion.
   6-13        (d)  The order of destruction shall apply to the duplicate
   6-14  files and records relating to the person's adjudication and
   6-15  disposition that are in the custody of a law enforcement officer or
   6-16  agency, a prosecuting attorney, or a public or private agency or
   6-17  institution.  Copies of the <sealing> order requiring the
   6-18  destruction of records shall be sent to each agency or official
   6-19  <therein> named in the order.  The files and records in the custody
   6-20  of the clerk of the court or juvenile court shall be ordered sealed
   6-21  and shall be the only files and records not ordered destroyed or
   6-22  subject to an order of destruction.
   6-23        (e)  On entry of the order:
   6-24              (1)  all law-enforcement, prosecuting attorney, clerk
   6-25  of court, and juvenile court files and records ordered sealed shall
    7-1  be sent to the court issuing the order and the court shall seal
    7-2  those files and records;
    7-3              (2)  all files and records of a public or private
    7-4  agency or institution ordered destroyed <sealed> shall be sent to
    7-5  the court issuing the order and the court shall destroy those files
    7-6  and records;
    7-7              (3)  all index references to the files and records
    7-8  ordered destroyed <sealed> shall be deleted;
    7-9              (4)  the juvenile court, clerk of court, prosecuting
   7-10  attorney, public or private agency or institution, and
   7-11  law-enforcement officers and agencies shall properly reply that no
   7-12  record exists with respect to such person upon inquiry in any
   7-13  matter; and
   7-14              (5)  the adjudication shall be vacated and the
   7-15  proceeding dismissed and treated for all purposes, including the
   7-16  purpose of showing a prior finding of delinquency, as if it had
   7-17  never occurred.
   7-18        (f)  Notwithstanding the entry of an order under this section
   7-19  providing for the destruction of a person's files and records, the
   7-20  court shall provide that the following information concerning the
   7-21  person for whom the order was entered is recorded in the
   7-22  computerized criminal history system as provided by Article 60.053,
   7-23  Code of Criminal Procedure:
   7-24              (1)  the name and date of birth of the person;
   7-25              (2)  a state identification number for the person
    8-1  assigned by the Department of Public Safety; and
    8-2              (3)  the court in which the files and records for the
    8-3  person are sealed and the municipality in which that court is
    8-4  located.
    8-5        (g)  Inspection of the sealed files and records may be
    8-6  permitted thereafter by an order of the juvenile court on the
    8-7  petition of a prosecuting attorney or assistant prosecuting
    8-8  attorney <the person> who shows good cause to the court.
    8-9  Inspection <is the subject> of the files or records may be made
   8-10  <and> only by that prosecuting attorney or assistant prosecuting
   8-11  attorney <those persons> names in the order.
   8-12        (h) <(g)>  On the final discharge of a child or on the last
   8-13  official action in his case if there is no adjudication, the child
   8-14  shall be given a written explanation of his rights under this
   8-15  section and a copy of the provisions of this section.
   8-16        (i) <(h)>  A person whose files and records have been sealed
   8-17  and destroyed under this section <Act> is not required in any
   8-18  proceeding or in any application for employment, information, or
   8-19  licensing to state that the person <he> has been the subject of a
   8-20  proceeding under this title <Act;> and any statement that the
   8-21  person <he> has never been found to be a delinquent child may not
   8-22  <shall never> be held against the person in any criminal or civil
   8-23  proceeding.
   8-24        <(i)  Except as provided by Subsection (j) of this section,
   8-25  on the motion of a person in whose name files and records are kept
    9-1  or on the court's own motion, the court may order the destruction
    9-2  of all files and records concerning a person who has been
    9-3  adjudicated to be a child in need of supervision or a delinquent
    9-4  child if:
    9-5              (1)  seven years have elapsed since the child's 16th
    9-6  birthday, and
    9-7              (2)  the person has not been convicted of a felony.
    9-8        (j)  A court may not order under this section the destruction
    9-9  of files and records concerning a person adjudicated as having
   9-10  engaged in delinquent conduct that violated a penal law of the
   9-11  grade of felony.
   9-12        (k)  A court may not order under this section the sealing of
   9-13  files and records concerning a person adjudicated as having engaged
   9-14  in delinquent conduct that violated a penal law of the grade of
   9-15  felony unless:
   9-16              (1)  the person is 23 years of age or older;
   9-17              (2)  the files and records have not been:
   9-18                    (A)  made a part of the person's adult record as
   9-19  a result of the use of the files or records after the juvenile
   9-20  court under Section 54.02 of this code transferred the person to a
   9-21  criminal court for prosecution; or
   9-22                    (B)  used as evidence in the punishment phase of
   9-23  a criminal proceeding under Section 3(a), Article 37.07, Code of
   9-24  Criminal Procedure; and
   9-25              (3)  the person has not been convicted of a penal law
   10-1  of the grade of felony after becoming age 17.>
   10-2        (j)  A court may not order under this subsection the sealing
   10-3  of files and records concerning a person adjudicated as having
   10-4  engaged in delinquent conduct that violated a penal law of the
   10-5  grade of felony unless:
   10-6              (1)  the person is 23 years of age or older,
   10-7              (2)  the files and records have not been:
   10-8                    (A)  made a part of the person's adult record as
   10-9  a result of the use of the files of records after the juvenile
  10-10  court under Section 54.02 of this code transferred the person to a
  10-11  criminal court for prosecution, or
  10-12                    (B)  used the evidence in the punishment phase of
  10-13  a criminal proceeding under section 3(a), Article 37.07, code of
  10-14  Criminal Procedure, and
  10-15                    (C)  the provisions of Section 51.16 have been
  10-16  met.
  10-17        (k) <(l)>  A prosecuting attorney may, by motion before a
  10-18  juvenile court, reopen at any time the files and records of a
  10-19  person adjudicated as having engaged in delinquent conduct that
  10-20  violated a penal law of the grade of felony sealed by the court
  10-21  under <Subsection (k)> this section if, after the court ordered the
  10-22  sealing, the person is <indicted for a criminal offense that
  10-23  occurred before the person's 23rd birthday or at any time is>
  10-24  charged with a capital offense or a felony of the first degree.
  10-25        (l)  A person who acquires knowledge of an arrest while an
   11-1  officer or employee of the state or of any agency or other entity
   11-2  of the state or any political subdivision of the state and who
   11-3  knows of an order sealing or destroying the records and files
   11-4  relating to that arrest has a duty not to release, disseminate, or
   11-5  otherwise use the records or files.  A person who is subject to an
   11-6  order to seal or destroy records or files has a duty to comply with
   11-7  the order and with all time limitations set out in the order for
   11-8  compliance with the order.
   11-9        SECTION 4.  Section 3(a), Article 37.07, Code of Criminal
  11-10  Procedure, is amended to read as follows:
  11-11        (a)  Regardless of the plea and whether the punishment be
  11-12  assessed by the judge or the jury, evidence may be offered by the
  11-13  state and the defendant as to any matter the court deems relevant
  11-14  to sentencing, including but not limited to the prior criminal
  11-15  record of the defendant, his general reputation, his character, an
  11-16  opinion regarding his character, the circumstances of the offense
  11-17  for which he is being tried, and, notwithstanding Rules 404 and
  11-18  405, Texas Rules of Criminal Evidence, any other evidence of an
  11-19  extraneous crime or bad act that is shown beyond a reasonable doubt
  11-20  by evidence to have been committed by the defendant or for which he
  11-21  could be held criminally responsible, regardless of whether he has
  11-22  previously been charged with or finally convicted of the crime or
  11-23  act.  A court may consider as a factor in mitigating punishment the
  11-24  conduct of a defendant while participating in a program under
  11-25  Chapter 17 of this code as a condition of release on bail.
   12-1  Additionally, notwithstanding Rule 609(d), Texas Rules of Criminal
   12-2  Evidence, evidence may be offered by the state and the defendant of
   12-3  an adjudication of delinquency based on a violation by the
   12-4  defendant of a penal law of the grade of felony subject to section
   12-5  51.16, Family Code, providing for the sealing and destruction of
   12-6  files and records relating to that adjudication <unless:>
   12-7              <(1)  the adjudication is based on conduct committed
   12-8  more than five years before the commission of the offense for which
   12-9  the person is being tried; and>
  12-10              <(2)  in the five years preceding the date of the
  12-11  commission of the offense for which the person is being tried, the
  12-12  person did not engage in conduct for which the person has been
  12-13  adjudicated as a delinquent child or a child in need of supervision
  12-14  and did not commit an offense for which the person has been
  12-15  convicted>.
  12-16        SECTION 5.  The heading to Chapter 55, Code of Criminal
  12-17  Procedure, is amended to read as follows:
  12-18           CHAPTER 55.  EXPUNCTION, SEALING, AND DESTRUCTION
  12-19                          OF CRIMINAL RECORDS
  12-20        SECTION 6.  Articles 55.01 through 55.05, Code of Criminal
  12-21  Procedure, are designated as included in Subchapter A of Chapter 55
  12-22  and the heading of that subchapter is added to read as follows:
  12-23                 SUBCHAPTER A.  EXPUNCTION OF RECORDS
  12-24        SECTION 7.  Chapter 55, Code of Criminal Procedure, is
  12-25  amended by adding Subchapter B to read as follows:
   13-1         SUBCHAPTER B.  SEALING AND DESTRUCTION OF RECORDS FOR
   13-2                    CRIMES COMMITTED BEFORE AGE 17
   13-3        Art. 55.21.  SEALING AND DESTRUCTION OF RECORDS.  (a)  A
   13-4  person 23 years of age or older whose case was transferred from a
   13-5  juvenile court to a district court or criminal district court under
   13-6  Section 54.02, Family Code, may apply for the sealing and
   13-7  destruction of the files and records in the person's case as
   13-8  provided by this chapter if the case has not resulted in a
   13-9  conviction or a deferred adjudication.
  13-10        (b)  After final discharge of the person or after the last
  13-11  official action in the person's case if there was not a conviction,
  13-12  the court shall order the sealing and destruction of a person's
  13-13  records under this section if the court finds that on or after the
  13-14  person's 17th birthday the person has not been convicted of a
  13-15  felony and is not under indictment for a felony offense and that
  13-16  parole, release under supervision, or probation of the person has
  13-17  not been revoked because of conduct that constitutes a felony
  13-18  offense.
  13-19        (c)  A court may not order under this article the sealing of
  13-20  files and records unless:
  13-21              (1)  the person is 23 years of age or older;
  13-22              (2)  the files and records have not been:
  13-23                    (A)  made the part of the person's adult record
  13-24  because of an adult conviction as a result of the use of the files
  13-25  or records after the juvenile court transferred the person to a
   14-1  criminal court for a prosecution under Section 54.02, Family Code,
   14-2  or transferred the person to the Texas Department of Criminal
   14-3  Justice - Institutional Division under Section 54.11(i)(2), Family
   14-4  Code; or
   14-5                    (B)  used as evidence in the punishment phase of
   14-6  a criminal proceeding under Section 3(a), Article 37.07, Code of
   14-7  Criminal Procedure.
   14-8        (d)  A prosecuting attorney may, by motion before a juvenile
   14-9  court, reopen at any time the files and records sealed by the court
  14-10  under this article if, after the court has ordered the sealing, the
  14-11  person is indicted for a criminal offense that occurred before the
  14-12  person's 23rd birthday or at any time is charged with a capital
  14-13  offense or a felony of the first degree.
  14-14        Art. 55.22.  NOTICE OF HEARING.  Reasonable notice of the
  14-15  hearing must be given to:
  14-16              (1)  the person who made the application;
  14-17              (2)  the prosecuting attorney for the district court or
  14-18  criminal district court;
  14-19              (3)  the authority granting the discharge if the final
  14-20  discharge was from an institution or from parole;
  14-21              (4)  the agency or institution having custody of files
  14-22  or records named in the application; and
  14-23              (5)  the law enforcement agency having custody of files
  14-24  or records named in the application.
  14-25        Art. 55.23.  RECORDS SEALING AND DESTRUCTION ORDER.  (a)
   15-1  Copies of the order requiring the destruction or records shall be
   15-2  sent to each agency or official named in the order.
   15-3        (b)  On entry of the order:
   15-4              (1)  the files and records of the clerk of the court
   15-5  and district court or criminal district court files and records
   15-6  shall be ordered sealed;
   15-7              (2)  all files and records of a law enforcement agency,
   15-8  a prosecuting attorney, or a public or private agency or
   15-9  institution that are ordered destroyed, except those files and
  15-10  records sent to the court, shall be destroyed not later than the
  15-11  60th day after receipt of the destruction order, and the entity
  15-12  destroying the records shall, not later than the 10th day after the
  15-13  destruction, notify the court in writing that the files and records
  15-14  have been destroyed; and
  15-15              (3)  the district court or criminal district court,
  15-16  clerk of court, prosecuting attorney, public or private agency or
  15-17  institution, and law enforcement officers and agencies shall
  15-18  properly reply that no record exists with respect to the person who
  15-19  is the subject of the order on inquiry in any matter; and
  15-20              (4)  the conviction shall be vacated and the proceeding
  15-21  dismissed and treated for all purposes, including the purpose of
  15-22  showing a prior conviction, as if it never occurred.
  15-23        Art. 55.24.  INFORMATION SENT TO COMPUTERIZED CRIMINAL
  15-24  HISTORY SYSTEM.  Notwithstanding the entry of an order under this
  15-25  section providing for the sealing and destruction of a person's
   16-1  criminal records, the court shall provide that the following
   16-2  information concerning the person for whom the order was entered is
   16-3  recorded in the computerized criminal history system as provided by
   16-4  Article 60.053 of this code:
   16-5              (1)  the name and date of birth of the person;
   16-6              (2)  a state identification number for the person
   16-7  assigned by the Department of Public Safety; and
   16-8              (3)  the court in which the records for the person are
   16-9  sealed and the city in which that court is located.
  16-10        Art. 55.25.  EXPLANATION OF RIGHTS.  On the final discharge
  16-11  of the person or on the last official action in the person's case,
  16-12  the person shall be given a written explanation of the person's
  16-13  rights under this chapter and a copy of the provisions of this
  16-14  chapter.
  16-15        Art. 55.26.  DISCLOSURE OF CONVICTION NOT REQUIRED.  A person
  16-16  whose files and records have been sealed and destroyed under this
  16-17  chapter is not required in any proceeding or in any application for
  16-18  employment, information, or licensing to state that the person has
  16-19  been the subject of a criminal proceeding.  Any statement that the
  16-20  person has never been convicted may not be held against the person
  16-21  in a criminal or civil proceeding.
  16-22        SECTION 8.  Chapter 60, Code of Criminal Procedure, is
  16-23  amended by adding Article 60.053 to read as follows:
  16-24        Art. 60.053.  INFORMATION RELATING TO CONDUCT OR OFFENSE
  16-25  COMMITTED BY A PERSON BEFORE AGE 17.  (a)  Notwithstanding any
   17-1  other provision of this chapter, the computerized criminal history
   17-2  information system shall include the information listed in
   17-3  Subsection (b) of this article for a person whose files and records
   17-4  are ordered sealed and destroyed under Section 51.16, Family Code,
   17-5  or Article 55.21 of this code.
   17-6        (b)  The criminal history information system shall contain
   17-7  only the following information for a person under this section:
   17-8              (1)  the name and date of birth of the person;
   17-9              (2)  a state identification number for the person
  17-10  assigned by the Department of Public Safety; and
  17-11              (3)  the court in which the records for the person are
  17-12  sealed and the city in which that court is located.
  17-13        (c)  The information required to be included in the
  17-14  computerized criminal history information system under this section
  17-15  shall be provided to the Department of Public Safety by a court
  17-16  entering an order under Section 51.16, Family Code, or Article
  17-17  55.21 of this code.  The department shall delete from the system
  17-18  any other information contained in the system for a person for whom
  17-19  information is included in the system under this section.
  17-20        (d)  The Texas Department of Criminal Justice shall delete
  17-21  from the corrections tracking system any information contained in
  17-22  that system for a person included in the computerized criminal
  17-23  history system under this section.
  17-24        SECTION 9.  This Act takes effect September 1, 1995.
  17-25        SECTION 10.  (a)  The change in law made by this Act applies
   18-1  only to files and records created with regard to conduct that
   18-2  occurs on or after the effective date of this Act.  Conduct
   18-3  violating a penal law of the state occurs on or after the effective
   18-4  date of this Act if every element of the violation occurs on or
   18-5  after that date.
   18-6        (b)  The files and records created with regard to conduct
   18-7  that occurs before the effective date of this act are covered by
   18-8  the law in effect at the time the conduct occurred, and the former
   18-9  law is continued in effect for that purpose.
  18-10        (c)  The change in law made by Subchapter B of Chapter 55,
  18-11  Code of Criminal Procedure, applies only to the records for an
  18-12  offense committed on or after the effective date of this Act.  For
  18-13  purposes of this section, an offense is committed before the
  18-14  effective date of this Act if any element of the offense occurs
  18-15  before the effective date.
  18-16        (d)  The records of an offense committed before the effective
  18-17  date of this Act are covered by the law in effect at the time the
  18-18  offense was committed, and the former law is continued in effect
  18-19  for that purpose.
  18-20        SECTION 11.  The importance of this legislation and the
  18-21  crowded condition of the calendars in both houses create an
  18-22  emergency and an imperative public necessity that the
  18-23  constitutional rule requiring bills to be read on three several
  18-24  days in each house be suspended, and this rule is hereby suspended.