1-1 By: Ellis, Ratliff S.B. No. 1346
1-2 (In the Senate - Filed March 11, 1999; March 15, 1999, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 8, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 4, Nays 0; April 8, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1346 By: Ellis
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the State Commission on Judicial Conduct.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 33.001, Government Code, is amended to
1-13 read as follows:
1-14 Sec. 33.001. DEFINITIONS. (a) In this chapter:
1-15 (1) "Censure" means an order of denunciation issued by
1-16 the commission under Section 1-a(8), Article V, Texas Constitution,
1-17 or an order issued by a review tribunal under Section 1-a(9),
1-18 Article V, Texas Constitution.
1-19 (2) "Chairperson" means the member of the commission
1-20 selected by the members of the commission to serve as its presiding
1-21 officer.
1-22 (3) "Clerk" means the individual designated by the
1-23 commission to assist in:
1-24 (A) formal proceedings before the commission or
1-25 a special master; or
1-26 (B) proceedings before a special court of
1-27 review.
1-28 (4) "Commission" means the State Commission on
1-29 Judicial Conduct.
1-30 (5) "Examiner" means an individual, including an
1-31 employee or special counsel of the commission, appointed by the
1-32 commission to gather and present evidence before a special master,
1-33 the commission, a special court of review, or a review tribunal.
1-34 (6) "Formal hearing" means the public evidentiary
1-35 phase of formal proceedings conducted before the commission or a
1-36 special master.
1-37 (7) "Formal proceedings" means the proceedings ordered
1-38 by the commission concerning the public censure, removal, or
1-39 retirement of a judge.
1-40 (8) [(2)] "Judge" means a justice, judge, master,
1-41 magistrate, or retired or former judge as described by Section 1-a,
1-42 [who is the subject of an investigation or proceeding under]
1-43 Article V, [Section 1-a, of the] Texas Constitution, or other
1-44 person who performs the functions of the justice, judge, master,
1-45 magistrate, or retired or former judge.
1-46 (9) "Review tribunal" means a panel of seven justices
1-47 of the courts of appeal selected by lot by the chief justice of the
1-48 supreme court to review a recommendation of the commission for the
1-49 removal or retirement of a judge under Section 1-a(9), Article V,
1-50 Texas Constitution.
1-51 (10) "Sanction" means an order issued by the
1-52 commission under Section 1-a(8), Article V, Texas Constitution,
1-53 providing for a private or public admonition, warning, or reprimand
1-54 or requiring that a person obtain additional training or education.
1-55 (11) "Special court of review" means a panel of three
1-56 justices of the courts of appeal selected by lot by the chief
1-57 justice of the supreme court on petition to review a sanction
1-58 issued by the commission.
1-59 (12) [(3)] "Special master" means a master appointed
1-60 by the supreme court under Section 1-a, Article V, [Section 1-a, of
1-61 the] Texas Constitution.
1-62 (b) For purposes of Section 1-a, Article V, [Section 1-a, of
1-63 the] Texas Constitution, "wilful or persistent conduct that is
1-64 clearly inconsistent with the proper performance of a judge's
2-1 duties" includes:
2-2 (1) wilful, persistent, and unjustifiable failure to
2-3 timely execute the business of the court, considering the quantity
2-4 and complexity of the business;
2-5 (2) wilful violation of a provision of the Texas penal
2-6 statutes or the Code of Judicial Conduct;
2-7 (3) persistent or wilful violation of the rules
2-8 promulgated by the supreme court; or
2-9 (4) incompetence in the performance of the duties of
2-10 the office.
2-11 (c) The definition provided by Subsection (b) is not
2-12 exclusive.
2-13 SECTION 2. Subsection (a), Section 33.002, Government Code,
2-14 is amended to read as follows:
2-15 (a) The State Commission on Judicial Conduct is established
2-16 under Section 1-a, Article V, [Section 1-a, of the] Texas
2-17 Constitution, and has the powers provided by that section.
2-18 SECTION 3. Section 33.005, Government Code, is amended by
2-19 amending Subsections (b) and (c) and adding Subsection (e) to read
2-20 as follows:
2-21 (b) The report must include:
2-22 (1) an explanation of the role of the commission;
2-23 (2) annual statistical information and examples of
2-24 [proper and] improper judicial conduct;
2-25 (3) an explanation of the commission's processes; and
2-26 (4) changes the commission considers necessary in its
2-27 rules or the applicable statutes or constitutional provisions.
2-28 (c) The commission shall distribute the report to the
2-29 governor, lieutenant governor, [and] speaker of the house of
2-30 representatives, and editor of [shall cause the report to be
2-31 printed in] the Texas Bar Journal.
2-32 (e) The Texas Bar Journal shall publish a report received
2-33 from the commission under Subsection (c).
2-34 SECTION 4. Subchapter A, Chapter 33, Government Code, is
2-35 amended by adding Section 33.006 to read as follows:
2-36 Sec. 33.006. IMMUNITY FROM LIABILITY. (a) This section
2-37 applies to:
2-38 (1) the commission;
2-39 (2) a member of the commission;
2-40 (3) the executive director of the commission;
2-41 (4) an employee of the commission;
2-42 (5) a special master appointed under Section 1-a(8),
2-43 Article V, Texas Constitution; and
2-44 (6) special counsel for the commission.
2-45 (b) A person to which this section applies is not liable for
2-46 an act or omission committed by the person within the scope of the
2-47 person's official duties.
2-48 (c) The immunity from liability provided by this section is
2-49 absolute and unqualified and extends to any action at law or in
2-50 equity.
2-51 SECTION 5. Section 33.021, Government Code, is amended to
2-52 read as follows:
2-53 Sec. 33.021. GENERAL POWERS OF COMMISSION. The commission
2-54 may:
2-55 (1) design and use a seal;
2-56 (2) employ persons that it considers necessary to
2-57 carry out the duties and powers of the commission [and special
2-58 masters];
2-59 (3) employ special counsel as it considers necessary;
2-60 (4) arrange for attendance of witnesses, including
2-61 those not subject to subpoena;
2-62 (5) arrange for and compensate expert witnesses and
2-63 reporters; and
2-64 (6) pay from its available funds the reasonably
2-65 necessary expenses of carrying out its duties under the
2-66 constitution, including providing compensation to special masters.
2-67 SECTION 6. Section 33.022, Government Code, is amended to
2-68 read as follows:
2-69 Sec. 33.022. INVESTIGATIONS AND FORMAL PROCEEDINGS
3-1 [COMPLAINANT'S AND JUDGE'S RIGHTS]. (a) The commission may
3-2 conduct a preliminary investigation of the circumstances
3-3 surrounding an allegation or appearance of misconduct or disability
3-4 of a judge to determine if the allegation or appearance is
3-5 unfounded or frivolous.
3-6 (b) If, after conducting a preliminary investigation under
3-7 this section, the commission determines that an allegation or
3-8 appearance of misconduct or disability is unfounded or frivolous,
3-9 the commission shall terminate the investigation.
3-10 (c) If, after conducting a preliminary investigation under
3-11 this section, the commission does not determine that an allegation
3-12 or appearance of misconduct or disability is unfounded or
3-13 frivolous, the commission:
3-14 (1) shall:
3-15 (A) conduct a full investigation of the
3-16 circumstances surrounding the allegation or appearance of
3-17 misconduct or disability; and
3-18 (B) notify the judge in writing of:
3-19 (i) the commencement of the investigation;
3-20 and
3-21 (ii) the nature of the allegation or
3-22 appearance of misconduct or disability being investigated; and
3-23 (2) may:
3-24 (A) request the judge to:
3-25 (i) submit a written response to the
3-26 allegation or appearance of misconduct or disability; or
3-27 (ii) appear informally before the
3-28 commission; or
3-29 (B) order the deposition of any person other
3-30 than the judge.
3-31 (d) The commission shall serve an order issued by the
3-32 commission under Subsection (c)(2)(B) on the person who is the
3-33 subject of the deposition and the judge who is the subject of the
3-34 investigation. The order must be served within a reasonable time
3-35 before the date of the deposition.
3-36 (e) The commission may file an application in a district
3-37 court to enforce an order issued by the commission under Subsection
3-38 (c)(2)(B).
3-39 (f) The commission shall notify the judge in writing of the
3-40 disposition of a full investigation conducted by the commission
3-41 under this section [In the conduct of an investigation the judge
3-42 shall be informed in writing that an investigation has commenced
3-43 and of the nature of the matters being investigated. At the
3-44 conclusion of the investigation, the commission shall determine
3-45 whether formal proceedings under Subsection (b) shall be had. The
3-46 complainant, if any, is entitled to appear before the commission at
3-47 any formal proceedings and give testimony regarding the matters
3-48 being investigated. If the commission decides no further
3-49 proceedings are warranted, the chairman of the commission shall so
3-50 notify the complainant, if any, and the judge in writing].
3-51 (g) [(b)] If after the investigation has been completed the
3-52 commission concludes that formal proceedings will be instituted,
3-53 the matter shall be entered in a docket to be kept for that purpose
3-54 and written notice of the institution of formal proceedings shall
3-55 be served on [issued to] the judge without delay. The proceedings
3-56 shall be entitled:
3-57 "Before the State Commission on Judicial Conduct Inquiry
3-58 Concerning a Judge, No. ____"
3-59 (h) [(c)] The notice shall specify in ordinary and concise
3-60 language the charges against the judge and the alleged facts on
3-61 which the charges are based and the specific standards [statute or
3-62 rule] contended to have been violated. [The written notice may
3-63 charge more than one violation, but each violation shall be charged
3-64 in a separate paragraph immediately followed by a statement of the
3-65 acts constituting the violation.] The judge is entitled to file a
3-66 written answer to the charges against the judge [him] not later
3-67 than the 15th day after the notice is served on the judge [him],
3-68 and the notice shall so advise the judge [him].
3-69 (i) [(d)] The notice shall be served on the judge by
4-1 personal service of a copy of the notice by a member of the
4-2 commission or by some person designated by the chairperson
4-3 [chairman]. The person serving the notice shall promptly notify
4-4 the clerk [commission] in writing of the date on which the notice
4-5 was served. If it appears to the chairperson [chairman] on
4-6 affidavit that, after reasonable effort during a period of 10 days,
4-7 personal service could not be had, service may be made by mailing
4-8 by registered or certified mail copies of the notice addressed to
4-9 the judge at the judge's [his] chambers or at the judge's [his]
4-10 last known residence in an [a blank] envelope marked "personal and
4-11 confidential." The date of mailing shall be entered in the docket.
4-12 (j) A [(e) In the conduct of investigations and formal
4-13 proceedings, a] judge at the judge's [his] request may elect to
4-14 have any hearing open to the public or to persons designated by the
4-15 judge. The right of a judge to an open hearing does not preclude
4-16 placing witnesses under the rule as provided by [Rule 267 of] the
4-17 Texas Rules of Civil Procedure.
4-18 (k) A judge is not entitled to a jury trial in formal
4-19 proceedings before a special master or the commission.
4-20 SECTION 7. Section 33.023, Government Code, is amended to
4-21 read as follows:
4-22 Sec. 33.023. PHYSICAL OR MENTAL INCAPACITY [EXAMINATION] OF
4-23 JUDGE. (a) In any investigation or proceeding that involves the
4-24 involuntary retirement of a judge because of physical or mental
4-25 incapacity to discharge the judge's [his] duty, the commission may
4-26 order [require] the judge to submit to a physical or [and] mental
4-27 examination by one or more physicians selected and paid by the
4-28 commission.
4-29 (b) The commission shall give the judge written notice of
4-30 the examination not later than 10 days before the date of the
4-31 examination. The notice must include the physician's name and the
4-32 date, time, and place of the examination. The examination must be
4-33 in a city or town in which the judge permanently or temporarily
4-34 resides, or at a location in the state to which the judge consents.
4-35 (c) Each examining physician shall file a written report of
4-36 the examination with the commission and the report shall be
4-37 received as evidence without further formality. On request of the
4-38 judge or the judge's attorney, the commission shall give the judge
4-39 a copy of the report. The physician's oral or deposition testimony
4-40 concerning the report may be required by the commission or by
4-41 written demand of the judge.
4-42 (d) If a judge refuses to submit to a physical or mental
4-43 examination ordered by the commission under this section, the
4-44 commission may petition a district court for an order compelling
4-45 the judge to submit to the physical or mental examination.
4-46 SECTION 8. Section 33.024, Government Code, is amended to
4-47 read as follows:
4-48 Sec. 33.024. OATHS AND SUBPOENAS. In conducting an
4-49 investigation, [or] formal proceedings [proceeding], or proceedings
4-50 before a special court of review, a commission member, [or the]
4-51 special master, or member of a special court of review may:
4-52 (1) administer oaths;
4-53 (2) order and provide for inspection of books and
4-54 records; and
4-55 (3) issue a subpoena for attendance of a witness or
4-56 production of papers, books, accounts, documents, and testimony
4-57 relevant to the investigation or proceeding.
4-58 SECTION 9. Section 33.025, Government Code, is amended to
4-59 read as follows:
4-60 Sec. 33.025. ENFORCEMENT OF [FAILURE TO OBEY] SUBPOENA.
4-61 (a) The commission may file an application in a district court or,
4-62 if appropriate, with a special master or special court of review,
4-63 to enforce a subpoena issued by the commission under this chapter
4-64 [If a person other than the judge refuses to testify or obey a
4-65 subpoena issued under this chapter, the commission or the special
4-66 master may petition a district court for an order, or the special
4-67 master may issue an order, compelling the person to attend and
4-68 testify or produce writings or other material required by the
4-69 subpoena. The order shall require the person to appear before the
5-1 court or special master at a specified time and place to show cause
5-2 for the failure to obey the subpoena. The court or the special
5-3 master shall serve a copy of the order on the person].
5-4 (b) A special master or special court of review may enforce
5-5 by contempt a subpoena issued by the commission, the special
5-6 master, or the special court of review [If the court or the special
5-7 master finds that the subpoena was regularly issued, the court or
5-8 master shall order the person to appear before the commission or
5-9 master at a specified time and place to testify or satisfy the
5-10 requirements of the subpoena.]
5-11 [(c) Failure to obey the order of the court or the special
5-12 master shall be dealt with as contempt].
5-13 SECTION 10. Section 33.026, Government Code, is amended to
5-14 read as follows:
5-15 Sec. 33.026. WITNESS IMMUNITY. (a) In a proceeding or
5-16 deposition related to a proceeding before the commission, [or] a
5-17 special master, or a special court of review, the commission,
5-18 special [court or] master, or special court of review may compel a
5-19 person other than the judge to testify or produce evidence over the
5-20 person's claim of privilege against self-incrimination.
5-21 (b) A person compelled to testify over a proper claim of
5-22 privilege against self-incrimination is not subject to indictment
5-23 or prosecution for a matter or transaction about which the person
5-24 truthfully testifies or produces evidence.
5-25 (c) A special master has the same powers as a district judge
5-26 in matters of contempt and granting immunity.
5-27 SECTION 11. Section 33.027, Government Code, is amended to
5-28 read as follows:
5-29 Sec. 33.027. DISCOVERY [DEPOSITION]. (a) In formal
5-30 proceedings or in a proceeding before a special court of review,
5-31 discovery shall be conducted, to the extent practicable, in the
5-32 manner provided by the rules applicable to civil cases generally
5-33 [In a pending investigation or formal proceeding, the commission or
5-34 the special master may order the deposition of any person. The
5-35 deposition shall be taken in the form, and is subject to
5-36 limitations, prescribed in the order].
5-37 (b) On request, a special master, the commission, or a
5-38 special court of review shall expedite the discovery in formal
5-39 proceedings or in a proceeding before a special court of review [If
5-40 the judge and commission counsel do not stipulate the manner of
5-41 taking the deposition, the judge or counsel may petition a district
5-42 court for an order requiring the person to testify. If the person
5-43 resides or is present in the state, the judge or counsel shall file
5-44 the petition in the county in which the person resides or is
5-45 present. If the person does not reside or is not present in the
5-46 state, the judge or counsel shall file the petition in a county in
5-47 which the commission has an office. The petition must be entitled
5-48 "In the Matter of Proceeding of State Commission on Judicial
5-49 Conduct No. ____ (state number)" and, without identifying the
5-50 judge, must state generally:]
5-51 [(1) the nature of the pending matter;]
5-52 [(2) the deponent's name and residence;]
5-53 [(3) the directions, if any, of the commission or
5-54 special master; and]
5-55 [(4) a request for an order requiring the person to
5-56 appear and testify before a designated officer].
5-57 (c) The following may not be the subject of a discovery
5-58 request in formal proceedings or in a proceeding before a special
5-59 court of review:
5-60 (1) the discussions, thought processes, or individual
5-61 votes of members of the commission;
5-62 (2) the discussions or thought processes of employees
5-63 of the commission, including special counsel for the commission; or
5-64 (3) the identity of a complainant or informant if the
5-65 person requests that the person's identity be kept confidential [On
5-66 the filing of the petition, the court may order the person to
5-67 appear and testify. The clerk shall issue a subpoena for the
5-68 deposition. The person taking the deposition shall take and return
5-69 it in the manner prescribed by law for depositions in civil
6-1 actions.]
6-2 [(d) Failure to obey the subpoena or an order connected with
6-3 the subpoena shall be dealt with as contempt].
6-4 SECTION 12. Section 33.028, Government Code, is amended to
6-5 read as follows:
6-6 Sec. 33.028. PROCESS AND ORDERS. (a) Process issued [in an
6-7 investigation or formal proceeding] under this chapter is valid
6-8 anywhere in the state.
6-9 (b) [On request of the commission, a commission member, or
6-10 an authorized representative of the commission, a sheriff or a
6-11 constable shall serve any process or execute lawful orders issued
6-12 by the commission.] A peace officer [commission member], an
6-13 employee of the commission [a special master], or any other [a]
6-14 person whom the commission, a special master, or a special court of
6-15 review designates may [also] serve process or execute a lawful
6-16 order of the commission, the special master, or the special court
6-17 of review.
6-18 SECTION 13. Section 33.029, Government Code, is amended to
6-19 read as follows:
6-20 Sec. 33.029. WITNESSES' EXPENSES. A witness called to
6-21 testify by the commission other than an officer or employee of the
6-22 state or a political subdivision or court of the state is entitled
6-23 to the same mileage expenses and per diem as a witness before a
6-24 state grand jury. The commission shall pay these amounts from its
6-25 appropriated funds.
6-26 SECTION 14. Section 33.030, Government Code, is amended to
6-27 read as follows:
6-28 Sec. 33.030. ASSISTANCE TO COMMISSION, [AND] SPECIAL MASTER,
6-29 OR SPECIAL COURT OF REVIEW. (a) On request of the commission, the
6-30 attorney general shall act as its counsel generally or in a
6-31 particular investigation or proceeding.
6-32 (b) A state or local government body or department, an
6-33 officer or employee of a state or local government body, or an
6-34 official or agent of a state court shall cooperate with and give
6-35 reasonable assistance and information to the commission, an
6-36 authorized representative of the commission, [or] a special master,
6-37 or a special court of review concerning an investigation or
6-38 proceeding before the commission, special [or] master, or special
6-39 court of review.
6-40 SECTION 15. Section 33.031, Government Code, is amended to
6-41 read as follows:
6-42 Sec. 33.031. NO AWARD OF COSTS. Court [The commission, a
6-43 special master, or a district court may not award] costs or
6-44 attorney's fees may not be awarded in a proceeding under this
6-45 chapter.
6-46 SECTION 16. Section 33.032, Government Code, is amended to
6-47 read as follows:
6-48 Sec. 33.032. CONFIDENTIALITY OF PAPERS, RECORDS, AND
6-49 PROCEEDINGS. (a) Except as provided by Section 33.034 [33.034(d)]
6-50 and Subsections [Subsection] (c), (d), and (e) [of this section],
6-51 the papers filed with and proceedings before the commission are
6-52 confidential prior to the convening of a formal hearing.
6-53 (b) The formal hearing[, and all papers, records,
6-54 documents,] and any [other] evidence introduced during the formal
6-55 hearing, including papers, records, documents, and pleadings filed
6-56 with the clerk, shall be public on the convening of the formal
6-57 hearing.
6-58 (c) If the commission issues a public admonition, warning,
6-59 reprimand, or requirement that a person obtain additional training
6-60 or education, all papers, documents, evidence, and records
6-61 considered by the commission, or forwarded to the commission by its
6-62 staff, in the proceedings shall be public.
6-63 (d) The disciplinary record of a judge, including any
6-64 private sanctions, is admissible in a subsequent proceeding before
6-65 the commission, a special master, a special court of review, or a
6-66 review tribunal.
6-67 (e) On the filing of a written request by a judge, the
6-68 commission may release to the person designated in the request,
6-69 including the judge, the number, nature, and disposition of a
7-1 complaint filed against the judge with the commission, except that
7-2 the commission may refuse to release the identity of a complainant.
7-3 SECTION 17. Section 33.033, Government Code, is amended to
7-4 read as follows:
7-5 Sec. 33.033. NOTIFICATION TO COMPLAINANT. (a) The
7-6 commission shall promptly notify a complainant [of judicial
7-7 conduct] of the disposition of the complaint.
7-8 (b) The communication shall inform the complainant that:
7-9 (1) the complaint [has no basis and] has been
7-10 dismissed;
7-11 (2) appropriate action has been taken, the nature of
7-12 which will not be disclosed unless disclosure is authorized under
7-13 Section 33.032; [or]
7-14 (3) a public sanction has been issued by the
7-15 commission; or
7-16 (4) formal proceedings have been instituted.
7-17 (c) The communication may not contain the name of a judge
7-18 unless a public sanction has been issued by the commission or
7-19 formal proceedings have been instituted.
7-20 (d) If a public sanction has been issued by the commission,
7-21 the communication must include a copy of the public sanction.
7-22 SECTION 18. Subsections (a), (d), (e), (f), and (h), Section
7-23 33.034, Government Code, are amended to read as follows:
7-24 (a) A judge who receives from the commission any type of
7-25 sanction is entitled to a review of the commission's decision as
7-26 provided by this section. This section does not apply to a
7-27 decision by the commission to institute formal [removal]
7-28 proceedings.
7-29 (d) Within 15 days after the appointment of the court of
7-30 review, the commission shall file with the clerk [petitioner and
7-31 each justice on the court] a charging document that includes a copy
7-32 of the sanction issued and any additional charges to be considered
7-33 in the de novo proceeding [containing the commission's specific
7-34 findings against the judge and the papers, documents, records, and
7-35 evidence on which the commission based its decision]. The charging
7-36 document is [Those documents are] public on its [on their] filing
7-37 with the clerk [court]. On receipt of the filing of the charging
7-38 document, the clerk shall send the charging document to the judge
7-39 who is the subject of the document and to each justice on the court
7-40 of review.
7-41 (e) The review by the court under this section is by trial
7-42 de novo as that term is used in the appeal of cases from justice to
7-43 county court. Any hearings of the court shall be public and shall
7-44 be held at the location [or locations] determined by the court.
7-45 Any evidence introduced during a hearing, including papers,
7-46 records, documents, and pleadings filed with the clerk in the
7-47 proceedings, is public.
7-48 (f) Except as otherwise provided by this section, the
7-49 procedure for the review is governed to the extent practicable by
7-50 the rules of law, evidence, and procedure that apply to the trial
7-51 of civil actions generally.
7-52 (h) Within 30 days after the date on which the charging
7-53 document is filed with the clerk [court], the court shall conduct a
7-54 hearing on the charging document. The court may, if good cause is
7-55 shown, grant one or more continuances not to exceed a total of 30
7-56 days [commission may employ a special counsel to represent the
7-57 commission at the hearing]. Within 60 days after the hearing, the
7-58 court, in its discretion, shall issue a decision as to the proper
7-59 disposition of the appeal.
7-60 SECTION 19. (a) Except as provided by Subsection (b) of
7-61 this section, the change in law made by this Act applies only to an
7-62 investigation or proceeding under Chapter 33, Government Code, as
7-63 amended by this Act, instituted on or after the effective date of
7-64 this Act.
7-65 (b) The change in law made by Section 4 of this Act applies
7-66 only to a cause of action that accrues on or after the effective
7-67 date of this Act. An action that accrued before the effective date
7-68 of this Act is governed by the law applicable to the action
7-69 immediately before the effective date of this Act, and that law is
8-1 continued in effect for that purpose.
8-2 SECTION 20. The importance of this legislation and the
8-3 crowded condition of the calendars in both houses create an
8-4 emergency and an imperative public necessity that the
8-5 constitutional rule requiring bills to be read on three several
8-6 days in each house be suspended, and this rule is hereby suspended,
8-7 and that this Act take effect and be in force from and after its
8-8 passage, and it is so enacted.
8-9 * * * * *