By Duncan H.B. No. 1572
Substitute the following for H.B. No. 1572:
By Talton C.S.H.B. No. 1572
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the civil and criminal consequences of an offense
1-3 involving driving, boating, or flying while intoxicated.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 49.09(a), Penal Code, is amended to read
1-6 as follows:
1-7 (a) If it is shown on the trial of an offense under Section
1-8 49.04, 49.05, or 49.06 that the person has previously been
1-9 convicted one time of an offense relating to the driving or
1-10 operating of a motor vehicle while intoxicated, an offense of
1-11 operating an aircraft while intoxicated, or an offense of operating
1-12 a watercraft while intoxicated, the offense is a Class A
1-13 misdemeanor, with a minimum term of continuous confinement of 90
1-14 <15> days.
1-15 SECTION 2. Section 13(g), Article 42.12, Code of Criminal
1-16 Procedure, is amended to read as follows:
1-17 (g) A jury that recommends community supervision for a
1-18 person convicted of an offense under Sections 49.04-49.08, Penal
1-19 Code, may recommend that any driver's license issued to the
1-20 defendant under Chapter 173, Acts of the 47th Legislature, Regular
1-21 Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes), not
1-22 be suspended <only if the defendant was 21 years of age or older at
1-23 the time of the commission of the offense>.
1-24 SECTION 3. Chapter 17, Code of Criminal Procedure, is
2-1 amended by adding Article 17.441 to read as follows:
2-2 Art. 17.441. CONDITIONS REQUIRING MOTOR VEHICLE IGNITION
2-3 INTERLOCK. (a) Except as provided by Subsection (b), a magistrate
2-4 shall require on release that a defendant charged with a subsequent
2-5 offense under Sections 49.04-49.06, Penal Code, shall require on
2-6 release that a defendant charged with a subsequent offense under
2-7 Sections 49.04-49.06, Penal Code, or an offense under Section 49.07
2-8 or 49.08 of that code:
2-9 (1) have installed on the motor vehicle owned by the
2-10 defendant or on the vehicle most regularly driven by the defendant,
2-11 a device that uses a deep-lung breath analysis mechanism to make
2-12 impractical the operation of a motor vehicle if ethyl alcohol is
2-13 detected in the breath of the operator; and
2-14 (2) not operate any motor vehicle unless the vehicle
2-15 is equipped with that device.
2-16 (b) The magistrate may not require the installation of the
2-17 device if the magistrate:
2-18 (1) finds that to require the device would not be in
2-19 the best interest of justice; and
2-20 (2) enters that finding in the record.
2-21 (c) If the defendant is required to have the device
2-22 installed, the magistrate shall require that the defendant have the
2-23 device installed on the appropriate motor vehicle, at the
2-24 defendant's expense, before the 30th day after the date the
2-25 defendant is released on bond.
2-26 (d) The magistrate may designate an appropriate agency to
2-27 verify the installation of the device and to monitor the device.
3-1 SECTION 4. Section 13(i), Article 42.12, Code of Criminal
3-2 Procedure, as amended by Chapters 662 and 900, Acts of the 73rd
3-3 Legislature, Regular Session, 1993, is revised and amended to read
3-4 as follows:
3-5 (i) If a person convicted of an offense under Sections
3-6 49.04-49.08, Penal Code, <and punished under Subsection (c) or (d)
3-7 of that article, or of a first or second offense under Section
3-8 19.05(a)(2), Penal Code,> is placed on community supervision, the
3-9 court may require as a condition of community supervision that the
3-10 defendant have a device installed, on the motor vehicle owned by
3-11 the defendant or on the vehicle most regularly driven by the
3-12 defendant, <not operate a motor vehicle unless the vehicle is
3-13 equipped with a device> that uses a deep-lung breath analysis
3-14 mechanism to make impractical the operation of the motor vehicle if
3-15 ethyl alcohol is detected in the breath of the operator and that
3-16 the defendant not operate any motor vehicle that is not equipped
3-17 with that device. If the person is convicted of an offense under
3-18 Sections 49.04-49.06 <Section 49.04>, Penal Code, and punished
3-19 under Section 49.09(a) or (b), Penal Code <Subsection (e) for that
3-20 article>, or of a second <third> or subsequent offense under
3-21 Section 49.07 or 49.08, Penal Code, and the person after conviction
3-22 of either offense is placed on community supervision, the court
3-23 shall require as a condition of community supervision that the
3-24 defendant have the device installed on the appropriate vehicle and
3-25 that the defendant not operate any <a> motor vehicle unless the
3-26 vehicle is equipped with that device. Before placing on community
3-27 supervision a person convicted of an offense under Sections
4-1 49.04-49.08 <Section 49.04 or 49.08>, Penal Code, the court shall
4-2 determine from criminal history record information maintained by
4-3 the Department of Public Safety whether the person has one <two> or
4-4 more previous convictions under Sections 49.04-49.08, Penal Code,
4-5 <that article or that section> or has one previous conviction under
4-6 Sections 49.04-49.07, Penal Code, or <that article and> one
4-7 previous conviction under Section 49.08, Penal Code <that section>.
4-8 If the court determines that the person has one <two> or more such
4-9 previous convictions, the court shall require as a condition of
4-10 community supervision that the defendant have that device installed
4-11 on the motor vehicle owned by the defendant or on the vehicle most
4-12 regularly driven by the defendant and that the defendant not
4-13 operate any <a> motor vehicle unless the vehicle is equipped with
4-14 the device described in this subsection. The court shall require
4-15 the defendant to obtain the device at the defendant's <his> own
4-16 cost before the 30th day after the date of conviction unless the
4-17 court finds that to do so would not be in the best interest of
4-18 justice and enters its findings on record. The court shall require
4-19 the defendant to provide evidence to the court within the 30-day
4-20 period that the device has been installed on the appropriate
4-21 vehicle and order the device to remain installed on that vehicle
4-22 for a period not less than 50 percent of the supervision period.
4-23 If the court determines the offender is unable to pay for the
4-24 device, the court may impose a reasonable payment schedule not to
4-25 exceed twice the period of the court's order. The Department of
4-26 Public Safety shall approve devices for use under this subsection.
4-27 The provisions of Section 23A(f), Chapter 173, Acts of the 47th
5-1 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
5-2 Civil Statutes), apply to the approval of a device under this
5-3 subsection and the consequences of that approval. Notwithstanding
5-4 the provisions of this section, if a person is required to operate
5-5 a motor vehicle in the course and scope of the person's employment
5-6 and if the vehicle is owned by the employer, the person may operate
5-7 that vehicle without installation of an approved ignition interlock
5-8 device if the employer has been notified of that driving privilege
5-9 restriction and if proof of that notification is with the vehicle.
5-10 This employment exemption does not apply, however, if the business
5-11 entity that owns the vehicle is owned or controlled by the person
5-12 whose driving privilege has been restricted.
5-13 SECTION 5. Section 13(j), Article 42.12, Code of Criminal
5-14 Procedure, as amended by Chapters 796 and 900, Acts of the 73rd
5-15 Legislature, 1993, is amended to read as follows:
5-16 (j) The judge shall require a defendant who is punished
5-17 under Section 49.09, Penal Code, as a condition of community
5-18 supervision, to attend and successfully complete<, before the end
5-19 of the defendant's period of driver's license suspension,> an
5-20 educational program for repeat offenders approved by the Texas
5-21 Commission on Alcohol and Drug Abuse. The Texas Commission on
5-22 Alcohol and Drug Abuse shall adopt rules and shall monitor,
5-23 coordinate, and provide training to persons providing the
5-24 educational programs. The Texas Commission on Alcohol and Drug
5-25 Abuse is responsible for the administration of the certification of
5-26 approved educational programs. The judge may waive the educational
5-27 program requirement only if the defendant by a motion in writing
6-1 shows good cause. In determining good cause, the judge may
6-2 consider the defendant's school and work schedule, the defendant's
6-3 health, the distance that the defendant must travel to attend an
6-4 educational program, and whether the defendant resides out of state
6-5 or does not have access to transportation. The judge shall set out
6-6 the finding of good cause in the judgment. If a defendant is
6-7 required, as a condition of community supervision, to attend an
6-8 educational program, the court clerk shall immediately report that
6-9 fact to the Department of Public Safety, on a form prescribed by
6-10 the department, for inclusion in the defendant's driving record.
6-11 The report must include the beginning date of the defendant's
6-12 community supervision. On the successful completion of the
6-13 educational program for repeat offenders, the defendant shall give
6-14 notice to the community supervision and corrections department.
6-15 The community supervision and corrections department shall then
6-16 forward the notice to the court clerk. The court clerk shall then
6-17 report the date of successful completion of the educational program
6-18 to the Department of Public Safety for inclusion in the defendant's
6-19 driving record. If the Department of Public Safety does not
6-20 receive notice that a defendant required to complete an educational
6-21 program has successfully completed the program for repeat offenders
6-22 within the period required by the judge <this section>, as shown on
6-23 department records, the department shall revoke <continue the
6-24 suspension of> the defendant's driver's license, permit, or
6-25 privilege or prohibit the defendant from obtaining a license or
6-26 permit, as provided by Section 24(g)(2), Chapter 173, Acts of the
6-27 47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
7-1 Texas Civil Statutes).
7-2 SECTION 6. Section 23A(f), Chapter 173, Acts of the 47th
7-3 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
7-4 Civil Statutes), is amended to read as follows:
7-5 (f) The judge hearing the petition shall enter an order
7-6 either finding that no essential need exists for the operation of a
7-7 motor vehicle or enter an order finding an essential need for
7-8 operating a motor vehicle. In the event the judge enters the order
7-9 finding an essential need, he shall also, as part of the order,
7-10 determine the actual need of the petitioner in operating a motor
7-11 vehicle. The order shall require the petitioner to give proof of a
7-12 valid policy of automobile liability insurance in accordance with
7-13 the Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
7-14 Vernon's Texas Civil Statutes). If the person's license has been
7-15 suspended following a conviction under Section 19.05(a)(2), Penal
7-16 Code, as that law existed before September 1, 1994, or Sections
7-17 49.04-49.08 of that code <but only on conviction of a second or
7-18 subsequent offense under that section>, the order may <shall>
7-19 restrict the person to the operation of a motor vehicle equipped
7-20 with a device that uses a deep-lung breath analysis mechanism to
7-21 make impractical the operation of the motor vehicle if ethyl
7-22 alcohol is detected in the breath of the restricted operator. If
7-23 the person's license has been suspended following a conviction of
7-24 an offense under Article 6701l-1, Revised Statutes, for which the
7-25 person has been punished under Subsection (e) of that article, as
7-26 that article existed before September 1, 1994, or a second or
7-27 subsequent offense under Section 19.05(a)(2), Penal Code, as that
8-1 section existed before September 1, 1994, or under Sections
8-2 49.04-49.08 of that code, the order shall restrict the person to
8-3 the operation of a motor vehicle equipped with that device. If the
8-4 person's license has been suspended following a conviction of an
8-5 offense under Article 6701l-1, Revised Statutes, or Section
8-6 19.05(a)(2), Penal Code, as those laws existed before September 1,
8-7 1994, or under Sections 49.04-49.08 of that code, before entering
8-8 the order, the judge shall determine from criminal history record
8-9 information maintained by the Department of Public Safety whether
8-10 the person has two or more previous convictions under that article
8-11 or those sections <that section> or has one previous conviction
8-12 under that article and one previous conviction under those sections
8-13 <that section>. If the judge determines that the person has two or
8-14 more such previous convictions, as part of the order the judge
8-15 shall require that the petitioner not operate a motor vehicle
8-16 unless the vehicle is equipped with the device described in this
8-17 subsection. The defendant shall obtain the device at his own cost
8-18 unless the court finds that to do so would not be in the best
8-19 interest of justice and enters its findings on record. The court
8-20 shall order the device to remain installed on that vehicle for a
8-21 period not less than 50 percent of the supervision period. If the
8-22 court determines the offender is unable to pay for the device, the
8-23 court may impose a reasonable payment schedule not to exceed twice
8-24 the period of the court's order. Notwithstanding the provisions of
8-25 this section, if a person is required to operate a motor vehicle in
8-26 the course and scope of the person's employment and if the vehicle
8-27 is owned by the employer, the person may operate that vehicle
9-1 without installation of an approved ignition interlock device if
9-2 the employer has been notified of such driving privilege
9-3 restriction and if proof of that notification is with the vehicle.
9-4 This employment exemption does not apply, however, if the business
9-5 entity that owns the vehicle is owned or controlled by the person
9-6 whose driving privilege has been restricted. The order shall be
9-7 definite as to hours of the day, days of the week, specific reasons
9-8 for travel, and areas or routes of travel to be permitted, except
9-9 that the petitioner shall not be allowed to operate a motor vehicle
9-10 more than four (4) hours in any twenty-four (24) consecutive hours.
9-11 On a proper showing of necessity, however, the court may waive the
9-12 four-hour restriction and allow the petitioner to operate a motor
9-13 vehicle for any period determined by the court that does not exceed
9-14 twelve (12) hours in any twenty-four (24) consecutive hours. When
9-15 a person's license is suspended under Article 6687b-1, Revised
9-16 Statutes, or Chapter 434, Acts of the 61st Legislature, Regular
9-17 Session, 1969 (Article 6701l-5, Vernon's Texas Civil Statutes), and
9-18 the person has not had a prior suspension arising from an
9-19 alcohol-related or drug-related enforcement contact, as defined in
9-20 Article 6687b-1, Revised Statutes, in the five years immediately
9-21 preceding the date of the person's arrest, an order under this
9-22 section granting the person an occupational license to meet an
9-23 essential need shall be immediately effective. Provided, that the
9-24 court shall order the petitioner to comply with the alcohol
9-25 counselling and rehabilitation program requirements contained in
9-26 Subsection (g) of this section. If the person's driver's license
9-27 has been suspended as a result of an alcohol-related or
10-1 drug-related enforcement contact, as defined in Section 1(2)(B) or
10-2 (C), Article 6687b-1, Revised Statutes, in the five years
10-3 immediately preceding the date of the person's arrest, the order
10-4 may not be effective before 90 days after the effective date of the
10-5 suspension. If the person's driver's license has been suspended as
10-6 a result of a conviction under Article 6701l-1, Revised Statutes,
10-7 or under Section 19.05(a)(2), Penal Code, as those laws existed
10-8 before September 1, 1994, or under Sections 49.04-49.08 of that
10-9 code in the five years immediately preceding the date of the
10-10 person's arrest, the order may not be effective before 180 days
10-11 after the effective date of the suspension. An order entered by
10-12 the court shall extend until the end of the period of the
10-13 suspension. A certified copy of the petition and the court order
10-14 setting out the judge's finding and the restrictions shall be
10-15 forwarded to the Department. The petitioner may use a copy of the
10-16 court order as a restricted license for thirty (30) days after the
10-17 date the order is effective. The Department of Public Safety shall
10-18 promulgate rules and regulations for the approval of models and
10-19 classes of devices used under this subsection and Section 25(a) of
10-20 this Act. The Department by rule shall establish standards for the
10-21 calibration and maintenance of devices, but the calibration and
10-22 maintenance of each individual device is the responsibility of the
10-23 manufacturer of that device or an authorized representative of the
10-24 manufacturer. If the Department approves a device, the Department
10-25 shall notify the manufacturer in writing of that fact. Written
10-26 notice from the Department to a manufacturer approving a device is
10-27 admissible in any civil or criminal proceeding in this state. The
11-1 manufacturer shall reimburse the Department for any cost incurred
11-2 by the Department in approving a device under this subsection. The
11-3 Department may not be held liable in a civil or criminal proceeding
11-4 arising out of the use of a device approved under this subsection.
11-5 SECTION 7. Section 24(a-1), Chapter 173, Acts of the 47th
11-6 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
11-7 Civil Statutes), is amended to read as follows:
11-8 (a-1) Except as provided by Subsection (g) of this section,
11-9 the <The> license of any person who was younger than 21 years of
11-10 age at the time of the offense, other than a misdemeanor punishable
11-11 by fine only, shall be automatically suspended on conviction of:
11-12 (1) an offense under Article 6701l-1, Revised
11-13 Statutes, as that law existed before September 1, 1994, or under
11-14 Section 49.04, Penal Code, committed as a result of the
11-15 introduction of alcohol into the body;
11-16 (2) an offense under the Alcoholic Beverage Code
11-17 involving the manufacture, delivery, possession, transportation, or
11-18 use of an alcoholic beverage;
11-19 (3) a misdemeanor offense under Chapter 481, Health
11-20 and Safety Code (Texas Controlled Substances Act), for which
11-21 Section 24B of this Act does not require the automatic suspension
11-22 of the license of the person;
11-23 (4) an offense under Chapter 483, Health and Safety
11-24 Code, involving the manufacture, delivery, possession,
11-25 transportation, or use of a dangerous drug; or
11-26 (5) an offense under Chapter 484, Health and Safety
11-27 Code, involving the manufacture, delivery, possession,
12-1 transportation, or use of a volatile chemical.
12-2 SECTION 8. Section 24(g)(1), Chapter 173, Acts of the 47th
12-3 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
12-4 Civil Statutes), is amended to read as follows:
12-5 (1) Except as provided by Subdivision (2) of this
12-6 subsection and Subsection (j) of this section, the Department may
12-7 not, during the period of probation, revoke the driver's license,
12-8 permit, or resident or nonresident privilege to operate a motor
12-9 vehicle of a person if the person is required under Section 13(h)
12-10 or (j), Article 42.12, Code of Criminal Procedure, to attend and
12-11 successfully complete an educational program designed to
12-12 rehabilitate persons who have driven while intoxicated. The
12-13 Department also may not revoke the driver's license, permit, or
12-14 nonresident operating privilege of a person:
12-15 (A) for whom the jury has recommended, under
12-16 Section 13(g), Article 42.12, Code of Criminal Procedure, no
12-17 revocation; or
12-18 (B) placed on community supervision under that
12-19 article and required as a condition of community supervision to not
12-20 operate a motor vehicle unless the vehicle is equipped with the
12-21 device described by Subsection (i) of that section.
12-22 SECTION 9. Section 24(j), Chapter 173, Acts of the 47th
12-23 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
12-24 Civil Statutes), is amended to read as follows:
12-25 (j) The Department shall suspend the license of a person who
12-26 is younger than 21 years of age and is convicted of an offense
12-27 under Section 19.05(a)(2), Penal Code, or Article 6701l-1, Revised
13-1 Statutes, as those laws existed before September 1, 1994, or under
13-2 Section 49.04, 49.07, or 49.08 of that code, regardless of whether
13-3 the person is required to attend an educational program designed to
13-4 rehabilitate persons who have driven while intoxicated under
13-5 Section 13(h), Article 42.12, Code of Criminal Procedure, for one
13-6 year, unless the person is placed on community supervision under
13-7 that article, and required as a condition of community supervision
13-8 to not operate a motor vehicle unless the vehicle is equipped with
13-9 the device described by Subsection (i) of that section. If a
13-10 person required to attend an educational program designed to
13-11 rehabilitate persons who have driven while intoxicated under
13-12 Section 13(h), Article 42.12, Code of Criminal Procedure, does not
13-13 complete the program before the end of the person's suspension, the
13-14 Department shall suspend the person's license or continue the
13-15 suspension, as appropriate, until the Department receives proof
13-16 that the person has successfully completed the program. A person
13-17 who completes the educational program required under this
13-18 subsection may submit proof of the completion to the clerk of the
13-19 convicting court who shall send it to the Department in the manner
13-20 provided by Section 13(h), Article 42.12, Code of Criminal
13-21 Procedure.
13-22 SECTION 10. Section 2, Article 6701I-5, Revised Statutes, is
13-23 amended by adding a new subsection (w) to read as follows:
13-24 (w) If a person subject to a prohibition order under this
13-25 Act installs on the vehicle regularly driven by the person a device
13-26 that uses a deep-lung breath analysis mechanism to make impractical
13-27 the operation of the motor vehicle if ethyl alcohol is detected in
14-1 the breath of the operator and submits to the maintenance and
14-2 inspection requirements of the local community supervision and
14-3 corrections department for a period of one year, the department
14-4 shall not suspend the license for failure to give specimens of
14-5 breath or blood.
14-6 SECTION 11. Section 12 of Article 6687b, Revised Statutes,
14-7 is amended by adding a new subsection (g) to read as follows:
14-8 (g) Upon receipt of notice that a person has been restricted
14-9 to the operation of a motor vehicle equipped with a device that
14-10 uses a deep-lung breath analysis mechanism to make impractical the
14-11 operation of the motor vehicle if ethyl alcohol is detected in the
14-12 breath of the restricted operator, the department shall notify the
14-13 person that his current license will expire in thirty (30) days.
14-14 Upon application by the person and payment of a fee of Ten Dollars
14-15 ($10.00), the department shall issue a special restricted driver's
14-16 license to operate only a motor vehicle equipped with a device that
14-17 uses a deep-lung breath analysis mechanism. Upon receipt of a copy
14-18 of a court order removing the restriction, the department shall
14-19 issue a driver's license without the restriction.
14-20 SECTION 12. Section 12 of Article 6687b, Revised Statutes,
14-21 is amended by adding a new subsection (h) to read as follows:
14-22 (h) If a person has been restricted to the operation of a
14-23 motor vehicle equipped with a device that uses a deep-lung breath
14-24 analysis mechanism to make impractical the operation of the motor
14-25 vehicle if ethyl alcohol is detected in the breath of the
14-26 restricted operator, information in the custody of the department
14-27 concerning the conviction and restriction is confidential. The
15-1 department may not release this information to any person except a
15-2 law enforcement agency or state's attorney.
15-3 SECTION 13. Section 3(a), Article 42.13, Code of Criminal
15-4 Procedure, is amended by adding a new subsection (5) and a new
15-5 subsection (6) to read as follows:
15-6 (5) submit periodic data to the division on the
15-7 required use of deep-lung breath analysis mechanisms to make
15-8 impractical the operation of a motor vehicle if ethyl alcohol is
15-9 detected in the breath of the operator including the number of
15-10 devices in use, the number of violations detected, malfunctions by
15-11 the devices, and attempts to circumvent the devices.
15-12 (6) submit to the Texas Department of Public Safety
15-13 the full name, address, date of birth, social security number, and
15-14 driver's license number of each person restricted to the operation
15-15 of a motor vehicle equipped with a device that uses a deep-lung
15-16 breath-analysis mechanism to make impractical the operation of the
15-17 motor vehicle if ethyl alcohol is detected in the breath of the
15-18 restricted operator.
15-19 SECTION 14. Amend Subsection (f), Section 23A, Article
15-20 6687b, Revised Statutes by adding the following language:
15-21 On January 1 of each year, the department shall issue an
15-22 evaluation of each device approved under this subsection utilizing
15-23 guidelines established by the National Highway Traffic Safety
15-24 Administration and including accurate detection of alveolar air,
15-25 moving retest abilities, the use of tamper-proof blood alcohol
15-26 content level software, anti-circumvention design, recalibration
15-27 requirements and breath action required by the driver. The cost of
16-1 preparing this evaluation shall be assessed equally against each
16-2 manufacturer of an approved device.
16-3 SECTION 15. (a) This Act takes effect July 1, 1995, if this
16-4 Act receives the votes required by Section 39, Article III, Texas
16-5 Constitution, for that effective date. If this Act does not
16-6 receive the votes required by that section for an effective date
16-7 before the 91st day after the last day of the legislative session,
16-8 this Act takes effect September 1, 1995.
16-9 (b) The changes in law made by this Act apply only to a
16-10 person convicted of an offense committed on or after the effective
16-11 date of this Act. An offense committed before the effective date
16-12 of this Act is covered by the law in effect when the offense was
16-13 committed, and the former law is continued in effect for that
16-14 purpose. For purposes of this subsection, an offense was committed
16-15 before the effective date of this Act if any element of the offense
16-16 occurred before that date.
16-17 (c) The change in law made by Section 6 of this Act applies
16-18 only to a person who applies for an occupational driver's license
16-19 on or after the effective date of this Act.
16-20 SECTION 16. The importance of this legislation and the
16-21 crowded condition of the calendars in both houses create an
16-22 emergency and an imperative public necessity that the
16-23 constitutional rule requiring bills to be read on three several
16-24 days in each house be suspended, and this rule is hereby suspended,
16-25 and that this Act take effect and be in force according to its
16-26 terms, and it is so enacted.