By: Duncan, Fraser S.B. No. 598 A BILL TO BE ENTITLED AN ACT 1-1 relating to actions regarding certain computer date failures. 1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-3 SECTION 1. FINDINGS AND PURPOSE. (a) Whereas, in the early 1-4 years of the computer and information technology industries, 1-5 programmers adopted conventions to use limited and expensive 1-6 computer memory and computer processing capacity as efficiently as 1-7 possible. Among those conventions was the widely adopted 1-8 representation of years by the last two digits of the year. 1-9 Programmers and designers of products containing computer 1-10 processors continued to use this convention for a variety of 1-11 reasons, including compatibility with existing products and 1-12 databases, the desire to save expenses by adapting existing 1-13 programs to new uses, and the anticipation that computers, 1-14 programs, and products would be replaced as outdated or obsolete 1-15 before 2000. 1-16 (b) Whereas, many computers, computer products, and computer 1-17 services are and will be unable to distinguish or process properly 1-18 dates with years beginning with 2000. That inability affects and 1-19 will affect the proper functioning of those computers, computer 1-20 products, and computer services and the ability of those products 1-21 to accurately process, store, receive, transmit, or in any way use 1-22 dates or date data, which is commonly referred to as the "Year 1-23 2000" or "Y2K" problem. 1-24 (c) Whereas, the economy of this state and the economic 2-1 well-being of its citizens have become increasingly dependent on 2-2 information technology and on the use, manufacture, and sale of 2-3 computers, computer products, and computer services. 2-4 (d) Whereas, the response by this state, its citizens, and 2-5 enterprises doing business in this state to the Year 2000 problem 2-6 will determine whether it disrupts substantially the state's 2-7 economy, causes significant or severe economic dislocation among 2-8 consumers, employees, and employers in this state, and impairs the 2-9 ability of state and local governments to provide services and to 2-10 protect and promote the safety and well-being of their citizens. 2-11 (e) Whereas, adverse consequences of the Year 2000 problem 2-12 to the state, its economy, and its citizens can be avoided or 2-13 minimized if users, sellers, manufacturers, and providers of 2-14 computers, computer products, and computer services all act to 2-15 identify problems and to develop and implement solutions before 2-16 harm occurs. 2-17 (f) Whereas, if harm occurs, the state and the well-being of 2-18 its citizens would be best served by prompt resolution of disputes. 2-19 Many disputes can be resolved through the early use of informal, 2-20 nonadversarial dispute resolution techniques. Litigation can be 2-21 expensive and prolonged for the parties and for the courts of the 2-22 state and its political subdivisions and should be used only as a 2-23 last resort if other efforts fail to resolve the dispute to the 2-24 mutual satisfaction of the parties. 2-25 (g) Therefore, this Act adopts reasonable and necessary 2-26 measures to protect and advance the interests of this state, the 3-1 well-being of its citizens, and the health of its economy. 3-2 (h) Further, the purposes of this Act are: 3-3 (1) to protect and promote the well-being of the 3-4 citizens of this state, the health of the state's economy, and the 3-5 ability of state and local governments to provide services by 3-6 avoiding or mitigating the adverse consequences that may result 3-7 from the Year 2000 problem; 3-8 (2) to establish legal incentives that encourage 3-9 users, sellers, manufacturers, and providers of computers, computer 3-10 products, and computer services to identify Year 2000 problems 3-11 early, develop and implement solutions before harm occurs, and 3-12 resolve disputes promptly; 3-13 (3) to encourage parties to resolve disputes through 3-14 informal, nonadversarial means before litigation; 3-15 (4) to discourage litigation or the threat of 3-16 litigation based on speculative theories of recovery or seeking 3-17 damages that are not objectively verifiable, which burdens the 3-18 judicial system and depletes or diverts financial and human 3-19 resources that could be used more productively to solve Year 2000 3-20 problems; and 3-21 (5) to preserve the rights of the citizens of this 3-22 state to seek damages for bodily injury and wrongful death by 3-23 excluding those actions from the scope of this legislation. 3-24 SECTION 2. Title 6, Civil Practice and Remedies Code, is 3-25 amended by adding Chapter 147 to read as follows: 4-1 CHAPTER 147. YEAR 2000 COMPUTER DATE FAILURE 4-2 SUBCHAPTER A. GENERAL PROVISIONS 4-3 Sec. 147.001. DEFINITIONS. In this chapter: 4-4 (1) "Action" means a cause of action to which this 4-5 chapter applies. 4-6 (2) "Claimant" means a party seeking recovery of 4-7 damages, including a plaintiff, counterclaimant, cross-claimant, or 4-8 third-party plaintiff. 4-9 (3) "Computer product" means a computer, computer 4-10 network, computer program, computer software, computer system, 4-11 microprocessor, embedded computer chip, semiconductor device, any 4-12 component of any of those items, or a product that includes any of 4-13 those items as a component of the product. 4-14 (4) "Computer service product" means the product of 4-15 the use of a computer, including uses related to data processing 4-16 and storage. The term includes information stored in the computer 4-17 by personnel supporting the computer. 4-18 (5) "Defendant" means a party from whom a claimant 4-19 seeks recovery of damages, including a counterdefendant, 4-20 cross-defendant, or third-party defendant. 4-21 (6) "Good faith" means honesty in fact in the conduct 4-22 or transaction concerned. 4-23 (7) "Recent consumer product" means a mass-marketed 4-24 computer product, intended by the seller to be used for personal, 4-25 family, or household purposes or by small businesses, that will 4-26 manifest a computer date failure during its normal use and was last 5-1 offered for sale by the manufacturer after January 1, 1997, and in 5-2 the case of software, was offered for a retail price of $300 or 5-3 less. The term does not include customized products. 5-4 (8) "Small business" means a legal entity, including a 5-5 sole proprietorship, that: 5-6 (A) is formed for the purpose of making a 5-7 profit; 5-8 (B) is independently owned and operated; and 5-9 (C) has fewer than 100 employees or less than $1 5-10 million in annual gross receipts. 5-11 (9) "Year 2000 Project Office website" means the Texas 5-12 Year 2000 Project Office website administered by the Department of 5-13 Information Resources. The Internet address of the website is 5-14 www.dir.state.tx.us/y2k. 5-15 Sec. 147.002. ACTION FOR COMPUTER DATE FAILURE. Subject to 5-16 Section 147.004 and regardless of the legal theory, statute, or 5-17 cause of action on which the action is based, including an action 5-18 based in tort, contract, or breach of an express or implied 5-19 warranty, this chapter applies only to an action in which a 5-20 claimant seeks recovery of damages or any other relief for harm 5-21 caused by: 5-22 (1) a computer date failure as described by Section 5-23 147.003; or 5-24 (2) the failure to properly detect, disclose, prevent, 5-25 report, correct, cure, or remediate a computer date failure as 5-26 described by Section 147.003. 6-1 Sec. 147.003. COMPUTER DATE FAILURE. A computer date 6-2 failure is the inability to correctly process, recognize, store, 6-3 receive, transmit, or in any way use date data: 6-4 (1) referring to the year 2000 or affected by the 6-5 transition between the 20th and 21st century or between 1999 and 6-6 2000; or 6-7 (2) with years expressed in a two-digit or four-digit 6-8 format. 6-9 Sec. 147.004. APPLICABILITY. This chapter does not apply to 6-10 an action: 6-11 (1) for death or bodily injury; 6-12 (2) to collect workers' compensation benefits under 6-13 the workers' compensation laws of this state; or 6-14 (3) to enforce the terms of a written agreement, or to 6-15 seek contractual remedies for breach of a written agreement, that 6-16 specifically provides for liability and damages for a computer date 6-17 failure. 6-18 Sec. 147.005. DUTY OR ACTION NOT CREATED. (a) This chapter 6-19 does not create a duty. 6-20 (b) This chapter does not create a cause of action. 6-21 Sec. 147.006. IMMUNITY NOT AFFECTED. This chapter does not 6-22 expand or limit the immunity of a person under any other law or 6-23 statute providing immunity. 6-24 Sec. 147.007. INSURANCE COVERAGE NOT AFFECTED. This chapter 6-25 does not affect the coverage or benefits of parties under a 6-26 contract of insurance. 7-1 Sec. 147.008. SOVEREIGN IMMUNITY NOT WAIVED. This chapter 7-2 does not waive sovereign immunity of the state or of a political 7-3 subdivision of the state. 7-4 Sec. 147.009. MANUFACTURER'S DUTY TO INDEMNIFY. This 7-5 chapter does not relieve a manufacturer from the obligation, if 7-6 any, to indemnify a seller for losses arising out of a product 7-7 liability action for property damage under Section 82.002, subject 7-8 to any defenses the manufacturer could have asserted at the time 7-9 the action was filed. 7-10 (Sections 147.010-147.040 reserved for expansion 7-11 SUBCHAPTER B. PREREQUISITES TO BRINGING ACTION 7-12 Sec. 147.041. LIMITATIONS PERIOD. (a) An action must be 7-13 brought not later than two years after the date the computer date 7-14 failure first caused the harm that is the subject matter of the 7-15 action. 7-16 (b) This section does not extend the limitations period 7-17 within which an action for harm caused by a computer date failure 7-18 may be commenced under any other law or revive a claim that is 7-19 barred by the operation of any other law. 7-20 Sec. 147.042. REPOSE. (a) Except as provided by Subsection 7-21 (b), a claimant must commence an action against a manufacturer or 7-22 seller of a computer product or computer service product before the 7-23 end of 15 years after the date of the sale by the defendant. If 7-24 the computer product which caused the computer date failure is a 7-25 component of another product and if the product and computer 7-26 product were sold at different times, the 15-year period begins to 8-1 run on the date the defendant sold the computer product. 8-2 (b) If a manufacturer or seller expressly represented that 8-3 the computer product or computer service product would not manifest 8-4 the computer date failure, this section does not apply. 8-5 (c) This section does not reduce a limitations period that 8-6 applies to an action that accrues before the end of the limitations 8-7 period under this section. 8-8 (d) This section does not extend the limitations period 8-9 within which an action may be commenced under any other law. 8-10 Sec. 147.043. DISABILITY. Section 16.001 applies to the 8-11 periods of limitation and repose established by this subchapter. 8-12 Sec. 147.044. NOTICE. (a) A claimant may not commence an 8-13 action unless the claimant gave notice to the defendant before the 8-14 60th day preceding the date the action commences. 8-15 (b) If the 60-day notice requirement under Subsection (a) 8-16 would prevent commencing the action before the expiration of the 8-17 period of limitation or repose, the claimant must give notice to 8-18 the defendant before the 31st day after the date the action 8-19 commences. 8-20 (c) If the action is a counterclaim, cross-claim, or 8-21 third-party action, the claimant must give notice to the defendant 8-22 before the 31st day after the date of service on the defendant. 8-23 (d) The notice must: 8-24 (1) be in writing; 8-25 (2) identify the claimant; 8-26 (3) describe in reasonable detail the computer date 9-1 failure and the harm caused by the failure; and 9-2 (4) include a specific statement of the amount of the 9-3 damages claimed or the remedy sought. 9-4 Sec. 147.045. NOTICE STAYS PROCEEDINGS. All proceedings in 9-5 the action are stayed for 60 days following the date the defendant 9-6 received the notice under Section 147.044. 9-7 Sec. 147.046. FAILURE TO GIVE NOTICE. (a) On motion of the 9-8 defendant that the claimant did not give the notice under Section 9-9 147.044, the court shall: 9-10 (1) abate the action; and 9-11 (2) require the claimant to give the notice before the 9-12 31st day after the date of the order of abatement. 9-13 (b) The court shall dismiss the claimant's action if the 9-14 claimant does not give notice as required by Subsection (a)(2). 9-15 Sec. 147.047. INSPECTION. (a) A person receiving notice 9-16 under Section 147.044 may inspect a computer product or computer 9-17 service product that is subject to the claimant's control to assess 9-18 the nature, scope, and consequences of the computer date failure. 9-19 (b) The inspection must be conducted in a reasonable manner 9-20 and at a reasonable time and place. 9-21 Sec. 147.048. OFFER TO SETTLE. (a) A defendant receiving 9-22 notice under Section 147.044 may offer to settle the claim. The 9-23 offer may include an offer to cure or correct the computer date 9-24 failure. 9-25 (b) The offer must be accepted by the claimant not later 9-26 than the 30th day after the date the offer is made or the offer is 10-1 rejected. 10-2 (c) A defendant may file a rejected offer to settle with the 10-3 court with an affidavit certifying its rejection. 10-4 (d) If the court finds that the amount tendered in a 10-5 rejected offer to settle filed with the court is the same as, 10-6 substantially the same as, or more than the damages found by the 10-7 trier of fact, the claimant may not recover any amount in excess of 10-8 the lesser of: 10-9 (1) the amount of damages tendered in the settlement 10-10 offer; or 10-11 (2) the amount of damages found by the trier of fact. 10-12 (e) Subsection (d) does not apply if the court finds that 10-13 the defendant making the offer: 10-14 (1) could not perform the offer when the offer was 10-15 made; or 10-16 (2) substantially misrepresented the value of the 10-17 offer. 10-18 (f) In this section, the term "damages" does not include 10-19 attorney's fees or litigation expenses. 10-20 (Sections 147.049-147.080 reserved for expansion 10-21 SUBCHAPTER C. AFFIRMATIVE DEFENSES TO LIABILITY 10-22 Sec. 147.081. AFFIRMATIVE DEFENSE: NOTICE TO CURE OR 10-23 CORRECT. (a) It is an affirmative defense to liability in an 10-24 action if: 10-25 (1) the claimant was notified in the manner provided 10-26 by Section 147.082 that the computer product or computer service 11-1 product may manifest computer date failure; 11-2 (2) the claimant was offered a cure or correction for 11-3 the computer date failure; and 11-4 (3) the offered cure or correction would have avoided 11-5 the harm to the claimant caused by the computer date failure. 11-6 (b) In addition to the requirement of Subsection (a), to 11-7 establish the affirmative defense provided by this section: 11-8 (1) if the claimant's action involves a recent 11-9 consumer product, the defendant must prove that the charge, if any, 11-10 for the cure or correction did not exceed the reasonable charges 11-11 for the delivery and installation of the product or items needed to 11-12 cure or correct the computer date failure; or 11-13 (2) if the claimant's action involves a computer 11-14 product or computer service product that is not a recent consumer 11-15 product, the defendant must prove that the charge, if any, for the 11-16 cure or correction did not exceed the reasonable and necessary 11-17 costs to develop, produce, deliver, and install the product or 11-18 items needed to cure or correct the computer date failure. 11-19 (c) If the cure or correction described by Subsection (a) is 11-20 designed to cure or correct a computer date failure for only a 11-21 limited period of time, that cure or correction does not entitle a 11-22 person to a defense to liability for harm caused by the computer 11-23 date failure after the period of time expires. 11-24 Sec. 147.082. NOTICE. (a) Notice under Section 147.081 11-25 must: 11-26 (1) identify the computer product or computer service 12-1 product that manifests or may manifest a computer date failure; 12-2 (2) explain how a cure or correction to the computer 12-3 product or computer service product may be obtained; 12-4 (3) state that there is no additional charge for the 12-5 cure or correction other than reasonable and customary charges for 12-6 delivering and installing the product or items needed to make the 12-7 cure, if any, to obtain the cure or correction; and 12-8 (4) inform the recipient that the solution is offered 12-9 to avoid harm to the recipient and that offering the cure or 12-10 correction could affect the recipient's right to recover damages. 12-11 (b) Notice under Section 147.081 must be received by the 12-12 claimant before the beginning of the longer of the following 12-13 periods: 12-14 (1) the 90th day before the date the claimant suffers 12-15 harm from the computer date failure; or 12-16 (2) the time needed to order, deliver, and install the 12-17 correction to the product or service before the claimant suffers 12-18 harm from the computer date failure. 12-19 (c) The defendant may satisfy the notice requirement under 12-20 Section 147.081 by showing that: 12-21 (1) the defendant delivered notice within the period 12-22 provided by this section; or 12-23 (2) the claimant actually received notice within the 12-24 period provided by this section. 12-25 (d) There is a rebuttable presumption that notice has been 12-26 delivered to a claimant if the Year 2000 Project Office website or 13-1 toll-free telephone number established under Section 147.083(e) 13-2 provides access to information from which a person may obtain the 13-3 information required by this section relating to a cure or 13-4 correction for the computer date failure. The presumption may be 13-5 rebutted by credible evidence that the claimant did not receive 13-6 notice. 13-7 Sec. 147.083. NOTICE ON YEAR 2000 PROJECT OFFICE WEBSITE. 13-8 (a) A person who provides information to the Year 2000 Project 13-9 Office website to satisfy the requirements of Section 147.082 is 13-10 responsible for the accuracy of the person's information posted on 13-11 the website. 13-12 (b) A person is not subject to the jurisdiction of the 13-13 courts of this state solely on the basis that the person has 13-14 provided information for posting on the Year 2000 Project Office 13-15 website. 13-16 (c) The state is not liable for any damages arising from its 13-17 Year 2000-related activities conducted by the Department of 13-18 Information Resources, including: 13-19 (1) operation of the Year 2000 Project Office website; 13-20 (2) reliance on the accuracy of the information on the 13-21 Year 2000 Project Office website; or 13-22 (3) operation and management of the toll-free 13-23 telephone number established in accordance with Subsection (e). 13-24 (d) The Department of Information Resources in its Year 2000 13-25 Project Office website shall provide for the posting of information 13-26 and the creating of links to other websites to facilitate the 14-1 posting of notice. 14-2 (e) The Department of Information Resources shall establish 14-3 a toll-free telephone number for persons who are unable to access 14-4 the Internet to provide to those persons information relating to a 14-5 cure or correction for computer date failure posted on or linked to 14-6 the Year 2000 Project Office website. The Department of 14-7 Information Resources may establish the toll-free telephone number 14-8 either in cooperation with the General Services Commission or by 14-9 contracting with a private vendor. 14-10 (f) Any contracts for goods or services between the 14-11 Department of Information Resources and private vendors that may be 14-12 necessary or appropriate to the fulfillment of the requirements of 14-13 this section are exempt from the requirements of Subtitle D, Title 14-14 10, Government Code. If the Department of Information Resources 14-15 elects to contract with one or more private vendors, the vendors 14-16 have no greater liability to third parties for their actions than 14-17 the state would have had if it had provided the goods and services 14-18 directly. 14-19 Sec. 147.084. AFFIRMATIVE DEFENSE: RELIANCE. (a) In an 14-20 action for fraud, misrepresentation, disparagement, libel, or other 14-21 similar action based on the alleged falsity or misleading character 14-22 of a computer date statement or an express warranty, it is an 14-23 affirmative defense to liability that: 14-24 (1) the defendant reasonably relied on the computer 14-25 date statement or express warranty of an independent, upstream 14-26 manufacturer or seller of the computer product or computer service 15-1 product that the computer product or computer service product would 15-2 not manifest computer date failure; 15-3 (2) the statement was false or misleading; and 15-4 (3) the defendant did not have actual knowledge that 15-5 the statement or warranty was false or misleading. 15-6 (b) In this section, "computer date statement" means a 15-7 material statement about a computer product or computer service 15-8 product regarding the present or future ability of a computer 15-9 product in relation to avoiding computer date failure, including a 15-10 statement that a computer product or computer service product: 15-11 (1) is "Year 2000 Compliant" or a similar 15-12 representation; or 15-13 (2) complies with a computer date standard established 15-14 by a state or federal regulatory agency or by a national or 15-15 international standards organization. 15-16 Sec. 147.085. ADMISSIBILITY OF STATEMENT RELATING TO 15-17 COMPUTER DATE FAILURE. (a) The following are not admissible to 15-18 prove liability for computer date failure: 15-19 (1) an offer to settle under Section 147.048; 15-20 (2) notice required under Section 147.081(a)(1); 15-21 (3) except as provided by Subsection (b), evidence of 15-22 furnishing or offering or promising to furnish a correction or cure 15-23 for a present or future computer date failure; or 15-24 (4) except as provided by Subsection (c), a statement 15-25 made in the process of correcting, curing, or attempting to correct 15-26 or cure a present or future computer date failure. 16-1 (b) Evidence of furnishing or offering or promising to 16-2 furnish a correction or cure for a present or future computer date 16-3 failure is admissible to the extent it is evidence of a guarantee 16-4 or warranty of the correction or cure and the claim is for breach 16-5 of the guarantee or warranty. 16-6 (c) A statement made in the process of correcting, curing, 16-7 or attempting to correct or cure a present or future computer date 16-8 failure is admissible if: 16-9 (1) the statement is false; 16-10 (2) the statement is made with knowledge that it is 16-11 false; and 16-12 (3) the claimant relied on the statement to the 16-13 claimant's detriment. 16-14 (Sections 147.086-147.120 reserved for expansion 16-15 SUBCHAPTER D. DAMAGES 16-16 Sec. 147.121. DAMAGE LIMITATIONS APPLY ONLY IF DEFENDANT 16-17 SHOWS GOOD FAITH EFFORT TO CURE OR CORRECT. The limitations on the 16-18 recovery of damages established by Section 147.122 apply to a 16-19 claimant only if the defendant can show a good faith effort to 16-20 cure, correct, avoid, or mitigate the claimant's possible computer 16-21 date failure problem. 16-22 Sec. 147.122. DAMAGES NOT RECOVERABLE. (a) Subject to 16-23 Section 147.121, a claimant may not recover the following damages 16-24 in an action: 16-25 (1) damages for mental anguish, loss of consortium, or 16-26 loss of companionship; 17-1 (2) exemplary or punitive damages unless the claimant 17-2 proves by clear and convincing evidence that the conduct of the 17-3 defendant was committed with fraud or malice; 17-4 (3) additional damages under Section 17.50(b)(1), 17-5 Business & Commerce Code, unless the trier of fact finds the 17-6 conduct of the defendant was committed with fraud or malice; or 17-7 (4) consequential damages, unless they were reasonably 17-8 foreseeable. 17-9 (b) In this section: 17-10 (1) "Fraud" means fraud other than constructive fraud. 17-11 (2) "Malice" means a specific intent by the defendant 17-12 to cause substantial injury to the claimant. 17-13 Sec. 147.123. MITIGATION OF DAMAGES. (a) In an action to 17-14 which Chapter 33 applies, the court shall instruct the finder of 17-15 fact regarding the determination of responsibility pursuant to 17-16 Section 33.003 using the appropriate approved pattern jury charge 17-17 which may be modified by the court as appropriate to the 17-18 circumstances. 17-19 (b) In all actions not governed by Subsection (a), the court 17-20 shall instruct the finder of fact regarding a claimant's duty to 17-21 mitigate or avoid damages in a manner appropriate to the action 17-22 using the appropriate approved pattern jury charge which may be 17-23 modified by the court as appropriate to the circumstances. 17-24 SECTION 3. Subchapter C, Chapter 101, Civil Practice and 17-25 Remedies Code, is amended by adding Section 101.066 to read as 17-26 follows: 18-1 Sec. 101.066. COMPUTER DATE FAILURE. This chapter does not 18-2 apply to a claim for property damage caused by a computer date 18-3 failure as described by Section 147.003. 18-4 SECTION 4. Chapter 108, Civil Practices and Remedies Code, 18-5 is amended by adding Section 108.004 to read as follows: 18-6 Sec. 108.004. COMPUTER DATE FAILURE. Except in an action 18-7 arising under the constitution or laws of the United States, a 18-8 public servant is not personally liable for property damages caused 18-9 by a computer date failure as described by Section 147.003. 18-10 SECTION 5. The Department of Information Resources shall 18-11 perform its duties under Subsections (d) and (e), Section 147.083, 18-12 Civil Practice and Remedies Code, as added by this Act, before the 18-13 31st day after the effective date of this Act. 18-14 SECTION 6. (a) Except as provided by Subsection (b) of this 18-15 section, this Act applies only to a civil action commenced on or 18-16 after the effective date of this Act. Except as provided by 18-17 Subsection (b) of this section, an action commenced before the 18-18 effective date of this Act is governed with respect to the subject 18-19 matter of this Act by the applicable law in effect immediately 18-20 before that date, and that law is continued in effect for that 18-21 purpose. 18-22 (b) Sections 147.041 and 147.042, Civil Practice and 18-23 Remedies Code, as added by this Act, apply only to an action 18-24 commenced on or after September 1, 1999. An action commenced 18-25 before September 1, 1999, is governed with respect to the subject 18-26 matter of Sections 147.041 and 147.042, Civil Practice and Remedies 19-1 Code, as added by this Act, by the applicable law in effect 19-2 immediately before September 1, 1999, and that law is continued in 19-3 effect for that purpose. 19-4 SECTION 7. The importance of this legislation and the 19-5 crowded condition of the calendars in both houses create an 19-6 emergency and an imperative public necessity that the 19-7 constitutional rule requiring bills to be read on three several 19-8 days in each house be suspended, and this rule is hereby suspended, 19-9 and that this Act take effect and be in force from and after its 19-10 passage, and it is so enacted.