1-1 By: Greenberg (Senate Sponsor - Wentworth) H.B. No. 826
1-2 (In the Senate - Received from the House April 30, 1999;
1-3 May 3, 1999, read first time and referred to Committee on State
1-4 Affairs; May 14, 1999, reported favorably by the following vote:
1-5 Yeas 8, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to alternative dispute resolution proceedings of
1-9 governmental bodies.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Chapter 2008, Government Code, as added by
1-12 Chapter 934, Acts of the 75th Legislature, Regular Session, 1997,
1-13 is redesignated as Chapter 2009, Government Code, and amended to
1-14 read as follows:
1-15 CHAPTER 2009 [2008]. ALTERNATIVE DISPUTE RESOLUTION FOR USE BY
1-16 GOVERNMENTAL BODIES [AT STATE AGENCIES]
1-17 SUBCHAPTER A. GENERAL PROVISIONS
1-18 Sec. 2009.001. [2008.001.] SHORT TITLE. This chapter may be
1-19 cited as the Governmental Dispute Resolution Act.
1-20 Sec. 2009.002. [2008.002.] POLICY. It is the policy of this
1-21 state that disputes before governmental bodies [state agencies] be
1-22 resolved as fairly and expeditiously as possible and that each
1-23 governmental body [state agency] support this policy by developing
1-24 and using alternative dispute resolution procedures in appropriate
1-25 aspects of the governmental body's [agency's] operations and
1-26 programs.
1-27 Sec. 2009.003. [2008.003.] DEFINITIONS. In this chapter:
1-28 (1) "Alternative dispute resolution procedure"
1-29 includes:
1-30 (A) a procedure described by Chapter 154, Civil
1-31 Practice and Remedies Code; and
1-32 (B) a combination of the procedures described by
1-33 Chapter 154, Civil Practice and Remedies Code.
1-34 (2) "Governmental body" has the meaning assigned by
1-35 Section 552.003.
1-36 (3) [(2)] "State agency" means an officer, board,
1-37 commission, department, or other agency in the executive branch of
1-38 state government with statewide jurisdiction that makes rules or
1-39 determines contested cases. The term includes:
1-40 (A) the attorney general;
1-41 (B) an institution of higher education as
1-42 defined by Section 61.003, Education Code; and
1-43 (C) the State Office of Administrative Hearings.
1-44 (4) [(3)] The following terms have the meanings
1-45 assigned by Section 2001.003:
1-46 (A) "contested case";
1-47 (B) "party";
1-48 (C) "person"; and
1-49 (D) "rule."
1-50 Sec. 2009.004. [2008.004. AGENCY] CONTRACTS; BUDGETING FOR
1-51 COSTS. (a) A governmental body [state agency] may pay for costs
1-52 necessary to meet the objectives of this chapter, including
1-53 reasonable fees for training, policy review, system design,
1-54 evaluation, and the use of impartial third parties.
1-55 (b) To the extent allowed by the General Appropriations Act,
1-56 a state [the] agency may use [for this purpose] money budgeted for
1-57 legal services, executive administration, or any other appropriate
1-58 aspect of the state agency's operations to pay for costs incurred
1-59 under Subsection (a).
1-60 (c) [(b)] A governmental body [state agency] may contract
1-61 with another governmental body [state agency], including the
1-62 Center for Public Policy Dispute Resolution at The University of
1-63 Texas School of Law, with an alternative dispute resolution system
1-64 created under Chapter 152, Civil Practice and Remedies Code, or
2-1 with a private entity for any service necessary to meet the
2-2 objectives of this chapter.
2-3 Sec. 2009.005. [2008.005.] SOVEREIGN IMMUNITY. (a) This
2-4 chapter does not waive immunity from suit and does not affect a
2-5 waiver of immunity from suit contained in other law.
2-6 (b) The state's sovereign immunity under the Eleventh
2-7 Amendment to the United States Constitution is not waived by this
2-8 chapter.
2-9 (c) Nothing in this chapter authorizes binding arbitration
2-10 as a method of alternative dispute resolution.
2-11 SUBCHAPTER B. ALTERNATIVE DISPUTE RESOLUTION
2-12 Sec. 2009.051. [2008.051.] DEVELOPMENT AND USE OF
2-13 PROCEDURES. (a) Each governmental body [state agency] may develop
2-14 and use alternative dispute resolution procedures. Alternative
2-15 dispute resolution procedures developed and used by a governmental
2-16 body [state agency] must be consistent with Chapter 154, Civil
2-17 Practice and Remedies Code.
2-18 (b) Alternative dispute resolution procedures developed and
2-19 used by a state agency also must be consistent[, and] with the
2-20 administrative procedure law, Chapter 2001. The State Office of
2-21 Administrative Hearings may issue model guidelines for the use of
2-22 alternative dispute resolution procedures by state agencies.
2-23 (c) [(b)] If a state agency that is subject to Chapter 2001
2-24 adopts an alternative dispute resolution procedure, it may do so by
2-25 rule.
2-26 Sec. 2009.052. [2008.052.] SUPPLEMENTAL NATURE OF
2-27 PROCEDURES. (a) Alternative dispute resolution procedures
2-28 developed and used under this chapter supplement and do not limit
2-29 other dispute resolution procedures available for use by [at] a
2-30 governmental body [state agency].
2-31 (b) This chapter may not be applied in a manner that denies
2-32 a person a right granted under other state or federal law or under
2-33 a local charter, ordinance, or other similar provision, including a
2-34 right to an administrative or judicial hearing.
2-35 Sec. 2009.053. [2008.053.] IMPARTIAL THIRD PARTIES. (a) A
2-36 governmental body [state agency] may appoint a governmental officer
2-37 or employee or a private individual to serve as an impartial third
2-38 party in an alternative dispute resolution procedure. The
2-39 governmental body's [agency's] appointment of the impartial third
2-40 party is subject to the approval of the parties, except that when a
2-41 State Office of Administrative Hearings administrative law judge
2-42 has issued an order referring a case involving a state agency to an
2-43 alternative dispute resolution procedure under Section
2-44 2003.042(a)(5) [2003.042(5)], the administrative law judge may
2-45 appoint the impartial third party for the parties if they cannot
2-46 agree on an impartial third party within a reasonable period.
2-47 (b) [The impartial third party must possess the
2-48 qualifications required under Section 154.052, Civil Practice and
2-49 Remedies Code.]
2-50 [(c)] A governmental body [state agency] also may obtain the
2-51 services of a qualified impartial third party through an agreement
2-52 with [the State Office of Administrative Hearings,] the Center for
2-53 Public Policy Dispute Resolution at The University of Texas School
2-54 of Law, an alternative dispute resolution system created under
2-55 Chapter 152, Civil Practice and Remedies Code, [or] another
2-56 governmental body, [state] or a federal agency or through a pooling
2-57 agreement with several governmental bodies [state agencies]. The
2-58 agreements may provide that the using governmental body [agency] or
2-59 the parties will reimburse the furnishing entity [agency], in kind
2-60 or monetarily, for the full or partial cost of providing the
2-61 qualified impartial third party.
2-62 (c) A state agency may also obtain the services of a
2-63 qualified third party through an agreement with the State Office of
2-64 Administrative Hearings.
2-65 (d) The impartial third party must possess the
2-66 qualifications required under Section 154.052, Civil Practice and
2-67 Remedies Code. The impartial third party is subject to the
2-68 standards and duties prescribed by Section 154.053, Civil Practice
2-69 and Remedies Code, and has the qualified immunity prescribed by
3-1 Section 154.055, Civil Practice and Remedies Code, if applicable.
3-2 Sec. 2009.054. [2008.054.] CONFIDENTIALITY OF CERTAIN
3-3 RECORDS AND COMMUNICATIONS. (a) Sections 154.053 and 154.073,
3-4 Civil Practice and Remedies Code, apply to the communications,
3-5 records, conduct, and demeanor of the impartial third party and the
3-6 parties.
3-7 (b) Notwithstanding Section 154.073(d), Civil Practice and
3-8 Remedies Code:
3-9 (1) a communication relevant to the dispute, and a
3-10 record of the communication, made between an impartial third party
3-11 and the parties to the dispute or between the parties to the
3-12 dispute during the course of an alternative dispute resolution
3-13 procedure are confidential and may not be disclosed unless all
3-14 parties to the dispute consent to the disclosure; and
3-15 (2) the notes of an impartial third party are
3-16 confidential except to the extent that the notes consist of a
3-17 record of a communication with a party and all parties have
3-18 consented to disclosure in accordance with Subdivision (1).
3-19 (c) Subsection (b)(1) does not apply to a final written
3-20 agreement to which a governmental body [entity] is a signatory that
3-21 is reached as a result of a dispute resolution procedure conducted
3-22 under this chapter. Information in the final written agreement is
3-23 subject to required disclosure, is excepted from required
3-24 disclosure, or is confidential in accordance with Chapter 552 and
3-25 other law.
3-26 (d) An impartial third party may not be required to testify
3-27 in any proceedings relating to or arising out of the matter in
3-28 dispute.
3-29 Sec. 2009.055. [2008.055. INTERAGENCY] SHARING OF
3-30 INFORMATION; CONSISTENCY OF PROCEDURES. (a) A governmental body
3-31 [state agency] may share the results of its alternative dispute
3-32 resolution program with other governmental bodies [agencies] and
3-33 with the Center for Public Policy Dispute Resolution at The
3-34 University of Texas School of Law. The center may collect and
3-35 analyze the information and report its conclusions and useful
3-36 information to governmental bodies [state agencies] and the
3-37 legislature.
3-38 (b) Governmental bodies [State agencies] should, to the
3-39 extent feasible given [the] differences in their [agency] purpose,
3-40 jurisdiction, and constituency, adopt policies and procedures for
3-41 alternative dispute resolution that are consistent with the
3-42 policies and procedures of other governmental bodies [state
3-43 agencies].
3-44 SECTION 2. Section 154.073, Civil Practice and Remedies
3-45 Code, is amended to read as follows:
3-46 Sec. 154.073. CONFIDENTIALITY OF CERTAIN RECORDS AND
3-47 COMMUNICATIONS [IN DISPUTE RESOLUTION PROCEDURES]. (a) Except as
3-48 provided by Subsections (c), [and] (d), and (e), a communication
3-49 relating to the subject matter of any civil or criminal dispute
3-50 made by a participant in an alternative dispute resolution
3-51 procedure, whether before or after the institution of formal
3-52 judicial proceedings, is confidential, is not subject to
3-53 disclosure, and may not be used as evidence against the participant
3-54 in any judicial or administrative proceeding.
3-55 (b) Any record made at an alternative dispute resolution
3-56 procedure is confidential, and the participants or the third party
3-57 facilitating the procedure may not be required to testify in any
3-58 proceedings relating to or arising out of the matter in dispute or
3-59 be subject to process requiring disclosure of confidential
3-60 information or data relating to or arising out of the matter in
3-61 dispute.
3-62 (c) An oral communication or written material used in or
3-63 made a part of an alternative dispute resolution procedure is
3-64 admissible or discoverable if it is admissible or discoverable
3-65 independent of the procedure.
3-66 (d) A final written agreement to which a governmental body,
3-67 as defined by Section 552.003, Government Code, is a signatory that
3-68 is reached as a result of a dispute resolution procedure conducted
3-69 under this chapter is subject to or excepted from required
4-1 disclosure in accordance with Chapter 552, Government Code.
4-2 (e) If this section conflicts with other legal requirements
4-3 for disclosure of communications, records, or materials, the issue
4-4 of confidentiality may be presented to the court having
4-5 jurisdiction of the proceedings to determine, in camera, whether
4-6 the facts, circumstances, and context of the communications or
4-7 materials sought to be disclosed warrant a protective order of the
4-8 court or whether the communications or materials are subject to
4-9 disclosure.
4-10 SECTION 3. Section 2003.001(2), Government Code, is amended
4-11 to read as follows:
4-12 (2) "Alternative dispute resolution procedure" has the
4-13 meaning assigned by Section 2009.003 [2008.003].
4-14 SECTION 4. Section 2003.042(a), Government Code, is amended
4-15 to read as follows:
4-16 (a) An administrative law judge employed by the office or a
4-17 temporary administrative law judge may:
4-18 (1) administer an oath;
4-19 (2) take testimony;
4-20 (3) rule on a question of evidence;
4-21 (4) issue an order relating to discovery or another
4-22 hearing or prehearing matter, including an order imposing a
4-23 sanction;
4-24 (5) issue an order that refers a case to an
4-25 alternative dispute resolution procedure, determines how the costs
4-26 of the procedure will be apportioned, and appoints an impartial
4-27 third party as described by Section 2009.053 [2008.053] to
4-28 facilitate that procedure;
4-29 (6) issue a proposal for decision that includes
4-30 findings of fact and conclusions of law; [and]
4-31 (7) [(6)] if expressly authorized by a state agency
4-32 rule adopted under Section 2001.058(f), make the final decision in
4-33 a contested case;[.]
4-34 (8) [(7)] serve as an impartial third party as
4-35 described by Section 2009.053 [2008.053] for a dispute referred by
4-36 an administrative law judge, unless one of the parties objects to
4-37 the appointment; and
4-38 (9) [(8)] serve as an impartial third party as
4-39 described by Section 2009.053 [2008.053] for a dispute referred by
4-40 a government agency under a contract.
4-41 SECTION 5. Subtitle F, Title 10, Government Code, is amended
4-42 by adding Chapter 2260 to read as follows:
4-43 CHAPTER 2260. RESOLUTION OF CERTAIN CONTRACT CLAIMS
4-44 AGAINST THE STATE
4-45 SUBCHAPTER A. GENERAL PROVISIONS
4-46 Sec. 2260.001. DEFINITIONS. In this chapter:
4-47 (1) "Contract" means a written contract between a unit
4-48 of state government and a contractor for goods or services, or for
4-49 a project as defined by Section 2166.001. The term does not
4-50 include a contract subject to Section 201.112, Transportation Code.
4-51 (2) "Contractor" means an independent contractor who
4-52 has entered into a contract directly with a unit of state
4-53 government. The term does not include:
4-54 (A) a contractor's subcontractor, officer,
4-55 employee, agent, or other person furnishing goods or services to a
4-56 contractor;
4-57 (B) an employee of a unit of state government;
4-58 or
4-59 (C) a student at an institution of higher
4-60 education.
4-61 (3) "Institution of higher education" has the meaning
4-62 assigned by Section 61.003, Education Code.
4-63 (4) "Unit of state government" means the state or an
4-64 agency, department, commission, bureau, board, office, council,
4-65 court, or other entity that is in any branch of state government
4-66 and that is created by the constitution or a statute of this state,
4-67 including a university system or institution of higher education.
4-68 The term does not include a county, municipality, court of a county
4-69 or municipality, special purpose district, or other political
5-1 subdivision of this state.
5-2 Sec. 2260.002. APPLICABILITY. This chapter does not apply
5-3 to a claim for personal injury or wrongful death arising from the
5-4 breach of a contract.
5-5 Sec. 2260.003. DAMAGES. (a) The total amount of money
5-6 recoverable on a claim for breach of contract under this chapter
5-7 may not, after deducting the amount specified in Subsection (b),
5-8 exceed the balance due and owing on the contract price, including
5-9 orders for additional work.
5-10 (b) Any amount owed the unit of state government for work
5-11 not performed under a contract or in substantial compliance with
5-12 its terms shall be deducted from the amount in Subsection (a).
5-13 Sec. 2260.004. REQUIRED CONTRACT PROVISION. (a) Each unit
5-14 of state government that enters into a contract to which this
5-15 chapter applies shall include as a term of the contract a provision
5-16 stating that the dispute resolution process used by the unit of
5-17 state government under this chapter must be used to attempt to
5-18 resolve a dispute arising under the contract.
5-19 (b) The attorney general shall provide assistance to a unit
5-20 of state government in developing the contract provision required
5-21 by this section.
5-22 Sec. 2260.005. EXCLUSIVE PROCEDURE. The procedures
5-23 contained in this chapter are exclusive and required prerequisites
5-24 to suit in accordance with Chapter 107, Civil Practice and Remedies
5-25 Code.
5-26 Sec. 2260.006. SOVEREIGN IMMUNITY. This chapter does not
5-27 waive sovereign immunity to suit or liability.
5-28 (Sections 2260.007-2260.050 reserved for expansion
5-29 SUBCHAPTER B. NEGOTIATION OF CLAIM
5-30 Sec. 2260.051. CLAIM FOR BREACH OF CONTRACT; NOTICE. (a) A
5-31 contractor may make a claim against a unit of state government for
5-32 breach of a contract between the unit of state government and the
5-33 contractor. The unit of state government may assert a counterclaim
5-34 against the contractor.
5-35 (b) A contractor must provide written notice to the unit of
5-36 state government of a claim for breach of contract not later than
5-37 the 180th day after the date of the event giving rise to the claim.
5-38 (c) The notice must state with particularity:
5-39 (1) the nature of the alleged breach;
5-40 (2) the amount the contractor seeks as damages; and
5-41 (3) the legal theory of recovery.
5-42 (d) A unit of state government must assert, in a writing
5-43 delivered to the contractor, any counterclaim not later than the
5-44 90th day after the date of notice under Subsection (b). A unit of
5-45 state government that does not comply with this subsection waives
5-46 the right to assert the counterclaim.
5-47 Sec. 2260.052. NEGOTIATION. (a) The chief administrative
5-48 officer or, if designated in the contract, another officer of the
5-49 unit of state government shall examine the claim and any
5-50 counterclaim and negotiate with the contractor in an effort to
5-51 resolve them. Except as provided by Subsection (b), the
5-52 negotiation must begin not later than the 60th day after the later
5-53 of:
5-54 (1) the date of termination of the contract;
5-55 (2) the completion date in the original contract; or
5-56 (3) the date the claim is received.
5-57 (b) A unit of state government against which a claim is
5-58 filed is entitled to delay the beginning of negotiation until after
5-59 the 180th day after the date of the event giving rise to the claim.
5-60 (c) Each unit of state government with rulemaking authority
5-61 shall develop rules to govern the negotiation of a claim under this
5-62 section. If a unit of state government does not have rulemaking
5-63 authority, that unit shall follow the rules adopted by the attorney
5-64 general.
5-65 Sec. 2260.053. PARTIAL RESOLUTION OF CLAIM. (a) If the
5-66 negotiation under Section 2260.052 results in the resolution of
5-67 some disputed issues by agreement or in a settlement, the parties
5-68 shall reduce the agreement or settlement to writing and each party
5-69 shall sign the agreement or settlement.
6-1 (b) A partial settlement or resolution of a claim does not
6-2 waive a party's rights under this chapter as to the parts of the
6-3 claim that are not resolved.
6-4 Sec. 2260.054. PAYMENT OF CLAIM FROM APPROPRIATED FUNDS. A
6-5 unit of state government may pay a claim resolved in accordance
6-6 with this subchapter only from money appropriated to it for payment
6-7 of contract claims or for payment of the contract that is the
6-8 subject of the claim. If money previously appropriated for payment
6-9 of contract claims or payment of the contract is insufficient to
6-10 pay the claim or settlement, the balance of the claim may be paid
6-11 only from money appropriated by the legislature for payment of the
6-12 claim.
6-13 Sec. 2260.055. INCOMPLETE RESOLUTION. If a claim is not
6-14 entirely resolved under Section 2260.052 on or before the 270th day
6-15 after the date the claim is filed with the unit of state
6-16 government, unless the parties agree in writing to an extension of
6-17 time, the contractor may file a request for a hearing under
6-18 Subchapter C.
6-19 (Sections 2260.056-2260.100 reserved for expansion
6-20 SUBCHAPTER C. CONTESTED CASE HEARING
6-21 Sec. 2260.101. DEFINITION. In this subchapter, "office"
6-22 means the State Office of Administrative Hearings.
6-23 Sec. 2260.102. REQUEST FOR HEARING. (a) If a contractor is
6-24 not satisfied with the results of negotiation with a unit of state
6-25 government under Section 2260.052, the contractor may file a
6-26 request for a hearing with the unit of state government.
6-27 (b) The request must:
6-28 (1) state the factual and legal basis for the claim;
6-29 and
6-30 (2) request that the claim be referred to the State
6-31 Office of Administrative Hearings for a contested case hearing.
6-32 (c) On receipt of a request under Subsection (a), the unit
6-33 of state government shall refer the claim to the State Office of
6-34 Administrative Hearings for a contested case hearing under Chapter
6-35 2001, Government Code, as to the issues raised in the request.
6-36 Sec. 2260.103. HEARING FEE. (a) The chief administrative
6-37 law judge of the office may set a fee for a hearing before the
6-38 office under this subchapter.
6-39 (b) The chief administrative law judge of the office shall
6-40 set the fee in an amount that:
6-41 (1) is not less than $250; and
6-42 (2) allows the office to recover all or a substantial
6-43 part of its costs in holding hearings.
6-44 (c) The chief administrative law judge of the office by rule
6-45 may establish a graduated fee scale, increasing the fee in relation
6-46 to the amount in controversy.
6-47 (d) The office may:
6-48 (1) assess the fee against the party who does not
6-49 prevail in the hearing; or
6-50 (2) apportion the fee against the parties in an
6-51 equitable manner.
6-52 Sec. 2260.104. HEARING. (a) An administrative law judge of
6-53 the office shall conduct a hearing in accordance with the
6-54 procedures adopted by the chief administrative law judge of the
6-55 office.
6-56 (b) Within a reasonable time after the conclusion of the
6-57 hearing, the administrative law judge shall issue a written
6-58 decision containing the administrative law judge's findings and
6-59 recommendations.
6-60 (c) The administrative law judge shall base the decision on
6-61 the pleadings filed with the office and the evidence received.
6-62 (d) The decision must include:
6-63 (1) the findings of fact and conclusions of law on
6-64 which the administrative law judge's decision is based; and
6-65 (2) a summary of the evidence.
6-66 (e) A person may not appeal the decision.
6-67 Sec. 2260.105. PAYMENT OF CLAIM. (a) The unit of state
6-68 government shall pay the amount of the claim or part of the claim
6-69 if the administrative law judge finds, by a preponderance of the
7-1 evidence, that under the laws of this state the claim or part of
7-2 the claim is valid.
7-3 (b) A unit of state government shall pay a claim under this
7-4 subchapter from money appropriated to it for payment of contract
7-5 claims or for payment of the contract that is the subject of the
7-6 claim. If money previously appropriated for payment of contract
7-7 claims or payment of the contract is insufficient to pay the claim,
7-8 the balance of the claim may be paid only from money appropriated
7-9 by the legislature for payment of the claim.
7-10 Sec. 2260.106. PREJUDGMENT INTEREST. Chapter 304, Finance
7-11 Code, applies to a judgment awarded to a claimant under this
7-12 chapter, except that the applicable rate of interest may not exceed
7-13 six percent.
7-14 Sec. 2260.107. EXECUTION ON STATE PROPERTY NOT AUTHORIZED.
7-15 This chapter does not authorize execution on property owned by the
7-16 state or a unit of state government.
7-17 SECTION 6. (a) Except as provided by Subsection (b) of this
7-18 section, this Act takes effect immediately.
7-19 (b) Sections 1-4 of this Act take effect September 1, 1999.
7-20 SECTION 7. Chapter 2009, Government Code, as amended and
7-21 redesignated by this Act, and Section 154.073, Civil Practice and
7-22 Remedies Code, as amended by this Act, apply only to an alternative
7-23 dispute resolution proceeding that begins on or after September 1,
7-24 1999. An alternative dispute resolution proceeding that began
7-25 before September 1, 1999, is governed by the law applicable to the
7-26 proceeding immediately before the effective date of this Act, and
7-27 that law is continued in effect for that purpose.
7-28 SECTION 8. (a) Chapter 2260, Government Code, as added by
7-29 this Act, applies only to a claim pending or arising on or after
7-30 the effective date of this Act, without regard to whether the
7-31 contract was entered into before, on, or after that date.
7-32 (b) Notwithstanding Section 2260.051(b), Government Code, as
7-33 added by this Act, a claimant must provide written notice to the
7-34 unit of state government for a claim pending before the effective
7-35 date of this Act not later than the 180th day after that date.
7-36 SECTION 9. Chapter 2260, Government Code, as added by this
7-37 Act, does not apply to a claim or dispute with respect to which the
7-38 76th Legislature or a previous legislature has enacted a concurrent
7-39 resolution granting permission to the contractor to bring a suit
7-40 against the state or a unit of state government.
7-41 SECTION 10. The importance of this legislation and the
7-42 crowded condition of the calendars in both houses create an
7-43 emergency and an imperative public necessity that the
7-44 constitutional rule requiring bills to be read on three several
7-45 days in each house be suspended, and this rule is hereby suspended,
7-46 and that this Act take effect and be in force according to its
7-47 terms, and it is so enacted.
7-48 * * * * *