H.B. No. 2460
1-1 AN ACT
1-2 relating to the possession, purchase, sale, distribution, and
1-3 receipt of cigarettes and tobacco products; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter H, Chapter 161, Health and Safety
1-6 Code, is amended to read as follows:
1-7 SUBCHAPTER H. SALE AND DISTRIBUTION OF CIGARETTES OR
1-8 TOBACCO PRODUCTS <TO MINORS>
1-9 Sec. 161.081. DEFINITIONS. In this subchapter:
1-10 (1) "Cigarette" has the meaning assigned by Section
1-11 154.001, Tax Code.
1-12 (2) "Commission" means the Texas Commission on Alcohol
1-13 and Drug Abuse.
1-14 (3) "Distribute" means to sell, furnish, give, or
1-15 provide tobacco products, including tobacco product samples, to the
1-16 ultimate consumer.
1-17 (4) "Person" has the meaning assigned by Section 1.04,
1-18 Alcoholic Beverage Code.
1-19 (5) "Proof of age" means a driver's license or an
1-20 identification card, issued by the Department of Public Safety and
1-21 containing a physical description consistent with the person's
1-22 appearance, that purports to establish that the person is 18 years
1-23 of age or older.
1-24 (6) "Public place" means any public street, sidewalk,
2-1 or park or any area open to the public in any publicly owned and
2-2 operated building.
2-3 (7) "Sample" means an item distributed free to members
2-4 of the public to promote the product.
2-5 (8) "Sampling" means the distribution of samples to
2-6 members of the general public in a public place.
2-7 (9) "Tobacco product" has the meaning assigned by
2-8 Section 155.001, Tax Code.
2-9 Sec. 161.082 <161.081>. Sale or Distribution of Cigarettes
2-10 or Tobacco Products to Minors Prohibited. (a) A person commits an
2-11 offense if the person, as a commercial enterprise:
2-12 (1) sells, distributes <gives>, or causes to be sold
2-13 or distributed <given> a cigarette or <other> tobacco product to
2-14 someone who <the person knows> is younger than 18 years of age; or
2-15 (2) sells, distributes <gives>, or causes to be sold
2-16 or distributed <given> a cigarette or <other> tobacco product to
2-17 another person, knowing that the person receiving the cigarette or
2-18 <other> tobacco product intends to deliver it to someone who is
2-19 younger than 18 years of age.
2-20 (b) A person engaged in the sale or distribution of
2-21 cigarettes or tobacco products shall demand proof of age from a
2-22 prospective purchaser or recipient if the person has reason to
2-23 believe that the prospective purchaser or recipient is younger than
2-24 18 years of age.
2-25 (c) This section does not prohibit the distribution of a
2-26 cigarette or tobacco product to a family member or to an employee
2-27 when required in the performance of the employee's duties.
3-1 (d) <(b)> An offense under Subsection (a) <this section> is
3-2 a Class C misdemeanor.
3-3 (e) <(c)> It is a defense to prosecution under this section
3-4 that the person to whom the cigarette or <other> tobacco product
3-5 was sold or distributed <given> presented proof of age to the
3-6 defendant and the defendant reasonably relied on that proof of age
3-7 <an apparently valid Texas driver's license or an identification
3-8 card, issued by the Department of Public Safety and containing a
3-9 physical description consistent with the person's appearance, that
3-10 purported to establish that the person was 18 years of age or
3-11 older>.
3-12 (f) If an offense under this section occurs in connection
3-13 with a sale by an employee of the owner of a store in which
3-14 cigarettes or tobacco products are sold at retail, the employee is
3-15 criminally responsible for the offense and is subject to
3-16 prosecution. If the offense occurs in connection with a sale
3-17 through a vending machine, the proprietor of the establishment in
3-18 which the vending machine is located is criminally responsible for
3-19 the offense and is subject to prosecution, except that if the
3-20 proprietor has made an employee responsible for supervising the
3-21 vending machine, then the employee is criminally responsible for
3-22 the offense and is subject to prosecution.
3-23 Sec. 161.083 <161.082>. <Warning> Notice Required. (a)
3-24 Each person who sells cigarettes or tobacco products in a <at>
3-25 retail establishment or by vending machine shall post and maintain
3-26 a sign in a location that is conspicuous to all employees and
3-27 customers and that is close to the place at which the cigarettes or
4-1 tobacco products may be purchased. The sign may not be smaller
4-2 than 93-1/2 square inches.
4-3 (b) The sign must state the following <include the
4-4 statement>:
4-5 STATE LAW STRICTLY PROHIBITS THE SALE OF CIGARETTES OR
4-6 TOBACCO PRODUCTS TO PERSONS UNDER THE AGE OF 18 YEARS.
4-7 PROOF OF AGE MAY BE REQUIRED. <SALE OR PROVISION OF
4-8 TOBACCO PRODUCTS TO A MINOR UNDER 18 YEARS OF AGE IS
4-9 PROHIBITED BY LAW. UPON CONVICTION, A MAXIMUM FINE OF
4-10 UP TO $200 MAY BE IMPOSED.>
4-11 (c) The board by rule shall determine the design <and size>
4-12 of the sign.
4-13 (d) The department on request shall provide the sign without
4-14 charge to any person who sells cigarettes or tobacco <cigarette>
4-15 products. The department may provide the sign without charge to
4-16 <cigarette> distributors or wholesale dealers of cigarettes or
4-17 tobacco <cigarette> products in this state for distribution to
4-18 persons who sell cigarettes or tobacco <cigarette> products. A
4-19 distributor or wholesale dealer may not charge for distributing a
4-20 sign under this subsection.
4-21 (e) A notice regarding cigarettes or tobacco products, other
4-22 than the notice required by this section, may not be required to be
4-23 posted or maintained in any store that sells cigarettes or tobacco
4-24 products at retail.
4-25 (f) <(e)> A person commits an offense if the person
4-26 <intentionally> fails to display a sign as prescribed by this
4-27 section. An offense under this subsection is a Class C
5-1 misdemeanor.
5-2 Sec. 161.084. LOCATION OF VENDING MACHINES CONTAINING
5-3 CIGARETTES OR TOBACCO PRODUCTS. (a) Except as provided by
5-4 Subsection (b), a person may not install or maintain a vending
5-5 machine containing cigarettes or tobacco products in a place that
5-6 is accessible to persons younger than 18 years.
5-7 (b) Subsection (a) does not apply to:
5-8 (1) a bar, lounge, or other similar place that sells
5-9 or serves alcoholic beverages;
5-10 (2) private facilities or private businesses not open
5-11 to the public;
5-12 (3) places to which persons under the age of 18 are
5-13 not permitted access;
5-14 (4) places where the vending machine is under the
5-15 supervision of the owner or an employee of the owner of the
5-16 establishment;
5-17 (5) an industrial or manufacturing plant;
5-18 (6) a business office;
5-19 (7) a college or university; or
5-20 (8) a military installation.
5-21 (c) A person commits an offense if the person violates
5-22 Subsection (a). An offense under this subsection is a Class C
5-23 misdemeanor.
5-24 Sec. 161.085. DISTRIBUTION OF SAMPLES. (a) A person,
5-25 including a person in the business of selling or promoting
5-26 cigarettes or tobacco products or an agent or employee of that
5-27 person, commits an offense if the person distributes cigarette or
6-1 tobacco product samples:
6-2 (1) to a person who is younger than 18 years of age;
6-3 or
6-4 (2) in or on a public street, sidewalk, or park that
6-5 is within 500 feet of a playground, school, or other facility when
6-6 the facility is being used primarily by persons who are younger
6-7 than 18 years of age.
6-8 (b) A person engaged in sampling shall demand proof of age
6-9 from a prospective recipient if the person has reason to believe
6-10 that the prospective recipient is younger than 18 years of age.
6-11 (c) An offense under Subsection (a) is a Class C
6-12 misdemeanor.
6-13 (d) It is a defense to prosecution under this section that
6-14 the person to whom the cigarette or tobacco product sample was
6-15 distributed presented proof of age to the defendant and the
6-16 defendant reasonably relied on that proof of age.
6-17 Sec. 161.086. OUT-OF-PACKAGE SALES. (a) A person commits
6-18 an offense if the person sells cigarettes or smokeless tobacco
6-19 products other than in an unopened package that originated with the
6-20 manufacturer and that bears the health warning required by federal
6-21 law.
6-22 (b) An offense under this section is a Class C misdemeanor.
6-23 Sec. 161.087. POSSESSION, PURCHASE, AND RECEIPT OF
6-24 CIGARETTES OR TOBACCO PRODUCTS BY MINORS PROHIBITED. (a) A person
6-25 who is younger than 18 years of age commits an offense if the
6-26 person:
6-27 (1) possesses, purchases, or accepts receipt of a
7-1 cigarette or tobacco product; or
7-2 (2) falsely represents himself or herself to be 18
7-3 years of age or older by displaying proof of age that is false,
7-4 fraudulent, or not actually his or her own for the purpose of
7-5 possessing, purchasing, or receiving a cigarette or tobacco
7-6 product.
7-7 (b) This section does not prohibit a person from possessing
7-8 or accepting receipt of a cigarette or tobacco product from a
7-9 family member or from an employer when required in the performance
7-10 of the employee's duties.
7-11 (c) An offense under this section is a Class C misdemeanor,
7-12 except that the court shall suspend the execution of the sentence
7-13 and shall require the defendant to attend a smoking awareness
7-14 course approved by the Texas Commission on Alcohol and Drug Abuse
7-15 or a similar smoking awareness course approved by the court. The
7-16 court shall require the defendant to present evidence to the court,
7-17 in the manner prescribed by the court, of satisfactory
7-18 participation in and completion of the smoking awareness course.
7-19 (d) On the conviction of a defendant for an offense under
7-20 this section, the court, in addition to requiring the defendant to
7-21 attend a smoking awareness course, may order the Department of
7-22 Public Safety to suspend the defendant's driver's license or
7-23 permit, or if the defendant does not have a license or permit, to
7-24 deny the issuance of a license or permit to the defendant. The
7-25 order shall specify the period of suspension or denial, which may
7-26 not exceed 180 days immediately following the date of the order.
7-27 (e) A person convicted of a violation of this section may
8-1 apply to the court in which the person was convicted to have the
8-2 conviction expunged. If the court finds that the applicant
8-3 successfully completed the smoking awareness course ordered by the
8-4 court, the court shall order the conviction and all complaints,
8-5 verdicts, sentences, and other documents relating to the offense to
8-6 be expunged from the applicant's record, and the conviction may not
8-7 be shown or made known for any purpose.
8-8 (f) In addition to the jurisdiction and powers provided by
8-9 the constitution and other law, a justice court or municipal court
8-10 may exercise jurisdiction over any matter in which a court may
8-11 impose a requirement that a defendant attend a smoking awareness
8-12 course or order the suspension or denial of a driver's license or
8-13 permit under the conditions described by Subsection (c) or (d).
8-14 (g) An offense under this section is not subject to suit
8-15 under Title 3, Family Code.
8-16 Sec. 161.088. NOTIFICATION OF EMPLOYEES. (a) The owner of
8-17 a store in which cigarettes or tobacco products are sold at retail
8-18 shall notify each individual employed by that person as a retail
8-19 sales clerk that state law:
8-20 (1) prohibits the sale or distribution of cigarettes
8-21 or tobacco products to any person who is younger than 18 years of
8-22 age; and
8-23 (2) requires that proof of age be demanded from a
8-24 prospective purchaser or recipient if the person has reason to
8-25 believe that the prospective purchaser or recipient is younger than
8-26 18 years of age.
8-27 (b) The notice required by Subsection (a) must be provided
9-1 before an individual begins work as a retail sales clerk. The
9-2 individual shall signify that the individual has received the
9-3 notice required by Subsection (a) by signing a form stating that
9-4 the law has been fully explained, that the individual understands
9-5 the law, and that the individual, as a condition of employment,
9-6 agrees to comply with the law.
9-7 (c) Each form signed by an individual under this section
9-8 shall indicate the date of the signature. The employer shall
9-9 retain the form signed by each individual employed as a retail
9-10 sales clerk until 120 days after the individual has left the
9-11 employer's employ.
9-12 (d) A person required by Subsection (a) to notify employees
9-13 commits an offense if the person fails to provide the notice
9-14 prescribed by this section. An offense under this subsection is a
9-15 misdemeanor punishable by a fine of not less than $25 or more than
9-16 $200. If a person has been previously convicted of an offense
9-17 under this subsection within a two-year period, an offense is a
9-18 misdemeanor punishable by a fine of not less than $100 or more than
9-19 $500.
9-20 Sec. 161.089. ENFORCEMENT; UNANNOUNCED INSPECTIONS. (a)
9-21 The commission shall enforce this subchapter in partnership with
9-22 county sheriffs and municipal chiefs of police and with their
9-23 cooperation, and shall ensure the state's compliance with Section
9-24 1926 of the federal Public Health Service Act (42 U.S.C. Section
9-25 300x-26) and any implementing regulations adopted by the United
9-26 States Department of Health and Human Services. Except as provided
9-27 by Section 161.093, the commission may not adopt any rules
10-1 governing the subject matter of this subchapter.
10-2 (b) The commission may make block grants to counties and
10-3 municipalities to be used by county sheriffs and municipal chiefs
10-4 of police to enforce this subchapter in a manner that can
10-5 reasonably be expected to reduce the extent to which cigarettes and
10-6 tobacco products are sold or distributed to persons who are younger
10-7 than 18 years of age. At least annually, random unannounced
10-8 inspections shall be conducted at various locations where
10-9 cigarettes and tobacco products are sold or distributed to ensure
10-10 compliance with this subchapter. The commission shall rely, to the
10-11 fullest extent possible, on sheriffs or chiefs of police or their
10-12 employees to enforce this subchapter.
10-13 Sec. 161.090. INSPECTION ASSISTANCE BY PERSONS YOUNGER THAN
10-14 18 YEARS OF AGE; REQUIREMENTS. (a) The use of a person younger
10-15 than 18 years of age shall be conducted in such a fashion that
10-16 promotes fairness. A person may be enlisted by the commission to
10-17 act as a minor decoy to test compliance with this subchapter only
10-18 if the requirements of this section are met.
10-19 (b) Written parental consent must be obtained for the use of
10-20 a person younger than 18 years of age to act as a minor decoy to
10-21 test compliance with this subchapter.
10-22 (c) At the time of the inspection, the minor decoy shall be
10-23 younger than 17 years of age.
10-24 (d) The minor decoy shall have an appearance that would
10-25 cause a reasonably prudent seller of tobacco products to request
10-26 identification and proof of age.
10-27 (e) The minor decoy shall either carry the minor's own
11-1 identification showing the minor's correct date of birth or shall
11-2 carry no identification. A minor decoy who carries identification
11-3 shall present it on request to any seller of tobacco products.
11-4 (f) A minor decoy shall answer truthfully any questions
11-5 about the minor's age.
11-6 Sec. 161.091. REPORT. The commission shall annually prepare
11-7 for submission by the governor to the secretary of the United
11-8 States Department of Health and Human Services the report required
11-9 by Section 1926 of the federal Public Health Service Act (42 U.S.C.
11-10 Section 300x-26).
11-11 Sec. 161.092. STATEWIDE UNIFORMITY. (a) This chapter shall
11-12 be implemented in an equitable and uniform manner throughout the
11-13 state and shall be enforced to ensure the eligibility for and
11-14 receipt of any federal funds or grants that the state now receives
11-15 or may receive relating to the provisions of this subchapter.
11-16 (b) To ensure that this subchapter is equitably and
11-17 uniformly enforced, a county, municipality, political subdivision
11-18 of the state, or state agency may not adopt or enforce any
11-19 ordinances, rules, or regulations concerning the sale,
11-20 distribution, advertising, display, or promotion of cigarettes or
11-21 tobacco products.
11-22 Sec. 161.093. COMPLIANCE WITH FEDERAL LAW. (a) In order to
11-23 comply with federal law and only if required by rules issued under
11-24 the federal Alcohol, Drug Abuse, and Mental Health Administration
11-25 Reorganization Act (Pub. L. No. 102-321), the commission may assess
11-26 an administrative penalty against a person who holds a permit
11-27 issued under Chapter 154 or 155, Tax Code, for a violation of
12-1 Section 161.082 or 161.083 by the permit holder or an employee of
12-2 the permit holder.
12-3 (b) An administrative penalty for violating Section 161.082
12-4 or 161.083 may not exceed:
12-5 (1) $100 for the first violation; or
12-6 (2) $250 for a second or subsequent violation within a
12-7 24-month period.
12-8 (c) In assessing penalties under Subsection (b), the
12-9 commission shall consider the following mitigating factors:
12-10 (1) the seriousness of the violation;
12-11 (2) the history of previous violations;
12-12 (3) the person's demonstrated good faith; and
12-13 (4) any other matter that justice may require.
12-14 (d) For a third or subsequent violation of Section 161.082
12-15 within a 24-month period, the penalty may include the suspension or
12-16 revocation of a retailer's permit issued under Chapter 154 or 155,
12-17 Tax Code, except that:
12-18 (1) a suspension may not exceed seven days; and
12-19 (2) a permit may not be revoked until the permit has
12-20 been suspended at least once in the preceding 12-month period.
12-21 (e) The commission shall provide written notice and a
12-22 hearing under Chapter 2001, Government Code, before determining
12-23 that a violation has occurred. As provided under Subchapter G,
12-24 Chapter 2001, Government Code, a permit holder may seek judicial
12-25 review of an action of the commission suspending or revoking a
12-26 permit under this section. The suspension or revocation is not
12-27 effective until judicial review is complete.
13-1 (f) It is a defense to the imposition of administrative
13-2 penalties or the suspension or revocation of a permit under this
13-3 section for a violation of Section 161.082 that the person to whom
13-4 the cigarette or tobacco product was sold or distributed presented
13-5 at the time of purchase or distribution an apparently valid proof
13-6 of age.
13-7 (g) For the suspension or revocation of a permit for a
13-8 violation of Section 161.082 by an employee, it is a defense that
13-9 the employer acted in good faith and:
13-10 (1) conspicuously posted and reasonably maintained the
13-11 notice required by Section 161.083;
13-12 (2) received from the employee the signed form
13-13 required by Section 161.088; and
13-14 (3) if an employee has violated this subchapter more
13-15 than once:
13-16 (A) promptly terminated the employee's
13-17 employment; or
13-18 (B) promptly reassigned the employee to a
13-19 position in which the employee is prohibited from selling and does
13-20 not sell cigarettes or tobacco products for one year from the date
13-21 of the employee's last violation.
13-22 SECTION 2. Subchapter D, Chapter 154, Tax Code, is amended
13-23 by adding Section 154.1016 to read as follows:
13-24 Sec. 154.1016. SALES; MINIMUM PACKAGE SIZE. A permit holder
13-25 may not sell or distribute cigarettes in a package that contains
13-26 fewer than 20 individual cigarettes.
13-27 SECTION 3. Section 154.111(b), Tax Code, is amended to read
14-1 as follows:
14-2 (b) An application for a permit required by this chapter
14-3 must be accompanied by a fee of:
14-4 (1) $100 for a bonded agent's permit;
14-5 (2) $100 for a distributor's permit;
14-6 (3) $50 for a wholesaler's permit; <and>
14-7 (4) $50 for a retailer's permit; and
14-8 (5) $15 for each permit for a vehicle if the applicant
14-9 is also applying for a permit as a bonded agent, distributor, or
14-10 wholesaler or has received a current permit from the treasurer
14-11 under Sections 154.101 and 154.110.
14-12 SECTION 4. Section 154.121, Tax Code, is amended to read as
14-13 follows:
14-14 Sec. 154.121. REVENUE. (a) Revenue from the sale of
14-15 permits to distributors, wholesalers, and bonded agents is
14-16 allocated in the same manner as other revenue allocated by
14-17 Subchapter J.
14-18 (b) Subject to Section 154.602, revenue from the sale of
14-19 permits to retailers shall be deposited in the state treasury to
14-20 the credit of a special account. Money from the account shall be
14-21 appropriated only to the Texas Commission on Alcohol and Drug Abuse
14-22 for the Texas D.A.R.E. Institute for the institute's programs
14-23 relating to tobacco enforcement projects and education and
14-24 awareness concerning the use of drugs, alcohol, and tobacco.
14-25 (c) In this section, "Texas D.A.R.E. Institute" means the
14-26 Texas Drug Abuse Resistance Education Institute that is a grant
14-27 program of Southwest Texas State University.
15-1 SECTION 5. Section 154.602, Tax Code, is amended to read as
15-2 follows:
15-3 Sec. 154.602. Funds for Enforcement. The legislature may
15-4 appropriate money from the cigarette tax to the treasurer for
15-5 manufacturing and printing of cigarette tax stamps and for the
15-6 administration of the duties of the treasurer under this chapter.
15-7 Amounts appropriated under this subsection shall be taken from
15-8 revenue received from the cigarette tax before the revenue is
15-9 allocated under Section 154.121(b) or 154.603 of this code to the
15-10 funds or account specified by those sections <that section> and
15-11 shall be deposited to the credit of the treasury fiscal agency
15-12 fund. The amount withheld from revenue received from retailers
15-13 under Section 154.111(b)(4) shall be in proportion to the costs of
15-14 issuing retailers' permits and the enforcement of this chapter on
15-15 retail premises.
15-16 SECTION 6. Section 155.049(b), Tax Code, is amended to read
15-17 as follows:
15-18 (b) An application for a permit required by this chapter
15-19 must be accompanied by a fee of:
15-20 (1) $100 for a bonded agent's permit;
15-21 (2) $100 for a distributor's permit;
15-22 (3) $50 for a wholesaler's permit; <and>
15-23 (4) $50 for a retailer's permit; and
15-24 (5) $15 for each permit for a vehicle if the applicant
15-25 is also applying for a permit as a bonded agent, distributor, or
15-26 wholesaler or has received a current permit from the treasurer
15-27 under Sections 155.041 and 155.048.
16-1 SECTION 7. Section 155.058, Tax Code, is amended to read as
16-2 follows:
16-3 Sec. 155.058. REVENUE. (a) Revenue from the sale of
16-4 permits to distributors, wholesalers, and bonded agents is
16-5 allocated in the same manner that other revenue is allocated by
16-6 Subchapter H.
16-7 (b) Subject to Section 155.242, revenue from the sale of
16-8 permits to retailers shall be deposited in the state treasury to
16-9 the credit of the account created by Section 154.121.
16-10 SECTION 8. Sections 154.111(c) and 155.049(c), Tax Code, are
16-11 repealed.
16-12 SECTION 9. Subchapter H, Chapter 155, Tax Code, is amended
16-13 by adding Section 155.242 to read as follows:
16-14 Sec. 155.242. ENFORCEMENT FUNDS: RETAILER'S PERMIT REVENUE.
16-15 The legislature may appropriate money from the revenue received
16-16 from permits issued to retailers under Section 155.049(b)(4) to the
16-17 treasurer for the administration of the duties of the treasurer in
16-18 issuing those permits and in enforcing this chapter on retail
16-19 premises. Amounts appropriated under this section shall be taken
16-20 from revenue received from the permits before the revenue is
16-21 allocated under Section 155.058 to the account specified by that
16-22 section and shall be deposited to the credit of the treasury fiscal
16-23 agency fund.
16-24 SECTION 10. Not later than October 1, 1995, the notice
16-25 required by Section 161.088, Health and Safety Code, as added by
16-26 this Act, must be given to each individual who, on the effective
16-27 date of this Act, is working as a retail sales clerk in a retail
17-1 establishment that sells cigarettes or tobacco products.
17-2 SECTION 11. The change in law made by this Act applies only
17-3 to an offense committed on or after the effective date of this Act.
17-4 For purposes of this subsection, an offense is committed before the
17-5 effective date of this Act if any element of the offense occurs
17-6 before that date. An offense committed before the effective date
17-7 of this Act is governed by the law in effect when the offense was
17-8 committed, and the former law is continued in effect for that
17-9 purpose.
17-10 SECTION 12. (a) Except as otherwise provided by this
17-11 section, this Act takes effect September 1, 1995.
17-12 (b) Section 161.084, Health and Safety Code, as added by
17-13 Section 1 of this Act, takes effect January 1, 1996.
17-14 (c) Section 2 of this Act applies only to the sale or
17-15 distribution of cigarettes on or after January 1, 1996. The sale
17-16 or distribution of cigarettes before January 1, 1996, is governed
17-17 by the law as it existed immediately before the effective date of
17-18 this Act, and that law is continued in effect for that purpose.
17-19 (d) Sections 3 and 6 of this Act take effect May 1, 1996,
17-20 and apply only to a retailer's permit that expires on or after May
17-21 31, 1996.
17-22 SECTION 13. The importance of this legislation and the
17-23 crowded condition of the calendars in both houses create an
17-24 emergency and an imperative public necessity that the
17-25 constitutional rule requiring bills to be read on three several
17-26 days in each house be suspended, and this rule is hereby suspended.