76R16790 MI-F
By Brown S.B. No. 1911
Substitute the following for S.B. No. 1911:
By Lewis of Orange C.S.S.B. No. 1911
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of certain groundwater conservation
1-4 districts.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. CREATION. (a) The following groundwater
1-7 conservation districts are created:
1-8 (1) Bergesland Groundwater Conservation District;
1-9 (2) Blanco-Pedernales Groundwater Conservation
1-10 District;
1-11 (3) Brazos Valley Groundwater Conservation District;
1-12 (4) Crossroads Groundwater Conservation District;
1-13 (5) Hays Trinity Groundwater Conservation District;
1-14 (6) Lavaca Groundwater Conservation District;
1-15 (7) Lone Wolf Groundwater Conservation District;
1-16 (8) Lost Pines Groundwater Conservation District;
1-17 (9) McMullen Groundwater Conservation District;
1-18 (10) Middle Pecos Groundwater Conservation District;
1-19 (11) Red Sands Groundwater Conservation District;
1-20 (12) Refugio Groundwater Conservation District;
1-21 (13) Southeast Trinity Groundwater Conservation
1-22 District;
1-23 (14) Texana Groundwater Conservation District;
2-1 (15) Trans-Pecos Groundwater Conservation District;
2-2 (16) Tri-County Groundwater Conservation District; and
2-3 (17) Trinity Glen Rose Groundwater Conservation
2-4 District.
2-5 (b) A district created under this section is a governmental
2-6 agency and a body politic and corporate.
2-7 (c) Each district created under this section is created
2-8 under and is essential to accomplish the purposes of Section 59,
2-9 Article XVI, Texas Constitution.
2-10 SECTION 2. BOUNDARIES. (a) The boundaries of the following
2-11 groundwater conservation districts are coextensive with county
2-12 boundaries as follows:
2-13 (1) the boundaries of the Bergesland Groundwater
2-14 Conservation District are coextensive with the boundaries of
2-15 Kendall County;
2-16 (2) the boundaries of the Blanco-Pedernales
2-17 Groundwater Conservation District are coextensive with the
2-18 boundaries of Blanco County;
2-19 (3) the boundaries of the Brazos Valley Groundwater
2-20 Conservation District are coextensive with the boundaries of
2-21 Robertson and Brazos Counties;
2-22 (4) the boundaries of the Crossroads Groundwater
2-23 Conservation District are coextensive with the boundaries of
2-24 Victoria County;
2-25 (5) the boundaries of the Lavaca Groundwater
2-26 Conservation District are coextensive with the boundaries of Lavaca
2-27 County;
3-1 (6) the boundaries of the Lone Wolf Groundwater
3-2 Conservation District are coextensive with the boundaries of
3-3 Mitchell County;
3-4 (7) the boundaries of the Lost Pines Groundwater
3-5 Conservation District are coextensive with the boundaries of
3-6 Bastrop and Lee Counties, but if the voters of only one county
3-7 confirm the creation of the district under Section 10 of this Act,
3-8 the boundaries of the district are coextensive with the boundaries
3-9 of that county;
3-10 (8) the boundaries of the McMullen Groundwater
3-11 Conservation District are coextensive with the boundaries of
3-12 McMullen County;
3-13 (9) the boundaries of the Middle Pecos Groundwater
3-14 Conservation District are coextensive with the boundaries of Pecos
3-15 County;
3-16 (10) the boundaries of the Refugio Groundwater
3-17 Conservation District are coextensive with the boundaries of
3-18 Refugio County;
3-19 (11) the boundaries of the Texana Groundwater
3-20 Conservation District are coextensive with the boundaries of
3-21 Jackson County;
3-22 (12) the boundaries of the Trans-Pecos Groundwater
3-23 Conservation District are coextensive with the boundaries of Loving
3-24 and Reeves Counties; and
3-25 (13) the boundaries of the Tri-County Groundwater
3-26 Conservation District are coextensive with the boundaries of Foard,
3-27 Hardeman, and Wilbarger Counties.
4-1 (b) The boundaries of the Hays Trinity Groundwater
4-2 Conservation District are coextensive with the boundaries of Hays
4-3 County, excluding the part of the county within the boundaries of
4-4 the Barton Springs-Edwards Aquifer Conservation District or the
4-5 Edwards Aquifer Authority.
4-6 (c) The Red Sands Groundwater Conservation District includes
4-7 all of the territory contained in the following described area:
4-8 A 19,232 acre tract more or less out of San Salvador Del Tule Grant
4-9 as recorded in Volume 10, Page 58 of the Hidalgo County, Texas map
4-10 records and out of the Santa Anita Grant as recorded in Volume 7,
4-11 Page 38 of the Hidalgo County, Texas map records.
4-12 Commencing at the Southeast Corner of this here in described
4-13 boundary tract, said point being the intersection of the centerline
4-14 of U.S. Highway 281 and the centerline of Farm to Market Road
4-15 number 490 (F.M. 490) (West Hargill Road) as shown in the map of
4-16 San Salvador Del Tule Grant as recorded in Volume 10, Page 58 of
4-17 the Hidalgo County map records. Said point is also the point of
4-18 beginning.
4-19 Thence, Westerly along the center line of the F.M. 490, an
4-20 approximate distance of 18,400 feet to a point on the West line of
4-21 San Salvador Del Tule Grant, said point also being the intersection
4-22 of the centerline of F.M. 490 and the West line of the San Salvador
4-23 Del Tule Grant,
4-24 Thence, Northerly along the West line of the San Salvador Del Tule
4-25 Grant and the East line of the Santa Anita Grant at an approximate
4-26 distance of 21,300 feet to a point, said point being an inside
4-27 corner of this herein described tract, and also being the Southeast
5-1 corner of Redland Vineyards Subdivision as recorded in Volume 4,
5-2 Page 51 of the Hidalgo County map records,
5-3 Thence, Westerly along the South line of the Redland Vineyards
5-4 Subdivision, an approximate distance of 4,238 feet to a point, said
5-5 point being an outside corner of this herein described tract, said
5-6 point also being the Southwest corner of the Redland Vineyard
5-7 Subdivision,
5-8 Thence, Northerly with the West line of Redland Vineyards
5-9 Subdivision, at approximately 4,590.50 feet past a point, said
5-10 point being the Northwest corner of Redland Vineyard Subdivision,
5-11 and the Southwest corner of Delbridge Subdivision as recorded in
5-12 Volume 5, Page 11, Hidalgo County map records, and continuing
5-13 Northerly along the West line of Delbridge Subdivision for an
5-14 approximate total distance of 6,646 feet to a point, said point
5-15 being an inside corner of this herein described tract, and also
5-16 being the Northwest corner of Delbridge Subdivision,
5-17 Thence, Westerly along the South line of a 196.37 acres tract,
5-18 known as the A.B. De Kock Tract, an approximate distance of 3,500
5-19 feet past the Southeast corner of share 4, out of the 8,374.70 acre
5-20 tract partition out of the Santa Anita Grant as recorded in Volume
5-21 7, Page 38, in the Hidalgo County map records and continuing
5-22 Westerly for an approximate total distance of 6,500 feet to a
5-23 point, said point being an outside corner of this herein described
5-24 tract and also being the Southwest corner of share 4,
5-25 Thence, Northerly along the West line of share 4, an approximate
5-26 total distance of 19,143 feet to a point, said point being the
5-27 Northwest corner of this herein described tracts and, the
6-1 intersection of the West line of share 4 and the centerline of Farm
6-2 to Market Road number 1017, (F.M. 1017)
6-3 Thence, in a Southeasterly direction, with the Right-of-Way
6-4 centerline of Farm to Market Road number 1017 (F.M. 1017) an
6-5 approximate total distance of 27,800 feet to a point, said point
6-6 being the Northeast corner of this herein described tract, and also
6-7 being the intersection of the centerline of F.M. 1017 Right-of-Way
6-8 and the center line of the U.S. Highway 281 Right-Of-Way,
6-9 Thence, in a Southerly direction, with the centerline of U.S.
6-10 Highway 281 Right-Of-Way, an approximate distance of 7,500 feet
6-11 past Floral Road, and at approximate 21,700 feet past Red Gate Road
6-12 and at approximate 29,700 feet past Laguna Seca Road and for an
6-13 approximate total distance of 39,300 feet to the point of beginning
6-14 of this here in described tract, said tract contains 19,232 Acres,
6-15 More or Less.
6-16 (d) The boundaries of the Southeast Trinity Groundwater
6-17 Conservation District are coextensive with that part of Comal
6-18 County located within the Hill Country Priority Groundwater
6-19 Management Area designated by the Texas Natural Resource
6-20 Conservation Commission by rule effective July 16, 1990.
6-21 (e)(1) The Trinity Glen Rose Groundwater Conservation
6-22 District includes the territory contained within that part of Bexar
6-23 County circumscribed by the southern line of the district boundary,
6-24 as described by Subdivision (2) of this subsection, and the
6-25 boundary of Bexar County that lies north of the points where the
6-26 southern line meets the boundary of Bexar County.
6-27 (2) The southern line of the district boundary is
7-1 described:
7-2 Beginning at the north line of said Wm. Byerly Survey 172, across
7-3 the Medina-Bexar County line, to the northeast corner of said
7-4 Survey in Bexar County, Texas.
7-5 THENCE northeast in Bexar County, Texas across the G. W. Garnett
7-6 Survey to the northeast corner of said Survey;
7-7 THENCE northeast across the J. B. McMichael Survey 1, to the south
7-8 corner of the V. Zepeda Survey;
7-9 THENCE northeast along the southeast line of said Survey to the
7-10 northeast corner of the J. B. McMichael Survey 1;
7-11 THENCE east across the Mrs. M. A. Sharp Survey to the southwest
7-12 corner of the T. C. Ry. Co. Survey 7;
7-13 THENCE northeast along the west line of said Survey to its
7-14 northwest corner;
7-15 THENCE southeast along the north line of said Survey to its
7-16 northeast corner;
7-17 THENCE southwest along the east line of said Survey to the north
7-18 corner of the Manuel Gomez Survey 7;
7-19 THENCE southeast along the north line of said Manual Gomez Survey 7
7-20 to its northeast corner, which is in the west line of the J. A.
7-21 Torris Survey;
7-22 THENCE south along the west line of said J. A. Torris Survey to its
7-23 southwest corner;
7-24 THENCE east along the south line of said Survey to the northwest
7-25 corner of the A. Guerrera Survey;
7-26 THENCE south along the west line of said Survey to its southwest
7-27 corner;
8-1 THENCE east along the south line of said Survey to its southeast
8-2 corner;
8-3 THENCE north along the east line of said Survey to the south line
8-4 of the John M. Ross Survey 224;
8-5 THENCE east along the south line of said John M. Ross Survey 224 to
8-6 its southeast corner, which is in the west line of the J. H. Blume
8-7 Survey 356;
8-8 THENCE, north along the west line of said J. H. Blume Survey 356 to
8-9 its northwest corner;
8-10 THENCE east along the north line of said Survey to its northeast
8-11 corner;
8-12 THENCE south along the east line of said Survey to the most
8-13 southerly southwest corner of the H. E. & W. T. Ry. Co. Survey 1;
8-14 THENCE east along the south line of said H. E. & W. T. Ry. Co.
8-15 Survey 1 to its most southerly southeast corner, which is in the
8-16 west corner of the C. Oadna Survey 422;
8-17 THENCE northeast along the northwest lines of said C. Oadna Survey
8-18 422 and the J. Martinez Survey 423 to the north corner of said J.
8-19 Martinez Survey 423;
8-20 THENCE southeast along the northeast line of said Survey to its
8-21 east corner, which is in the northwest line of the Henreich
8-22 Leifeste Survey;
8-23 THENCE northeast along the northwest line of said Henreich Leifeste
8-24 Survey to an interior northwest corner of said Survey;
8-25 THENCE southeast across said Survey to the northwest corner of the
8-26 R. Ortega Survey 435;
8-27 THENCE east along the north line of said R. Ortega Survey 435 to
9-1 its northeast corner, which is in the west line of the C. Brannen
9-2 Survey 433 1/2;
9-3 THENCE south along the west line of said C. Brannen Survey 433 1/2
9-4 to its southwest corner;
9-5 THENCE east along the south line of said Survey to its southeast
9-6 corner;
9-7 THENCE north along the east line of said Survey to the northwest
9-8 corner of the C. C. I. Co. Survey 437;
9-9 THENCE east along the north line of said C. C. I. Co. Survey 437 to
9-10 the northeast corner of said Survey;
9-11 THENCE northeast across the T. C. Ry. Co. Survey 599 to the
9-12 northwest corner of the Chas. W. Beckmann Survey;
9-13 THENCE east along the north line of said Chas. W. Beckmann Survey
9-14 to its northeast corner, which is in the west line of the Collin C.
9-15 McRae Survey 391;
9-16 THENCE north along the west lines of said Collin C. McRae Survey
9-17 391 and the W. P. G. Survey to the northwest corner of said
9-18 W. P. G. Survey;
9-19 THENCE east along the north line of said Survey to its northeast
9-20 corner, which is in the southwest line of the M. James Survey 3;
9-21 THENCE southeast along the southwest line of said M. James Survey 3
9-22 to its south corner, which is the west corner of the M. James
9-23 Survey 2;
9-24 THENCE northeast along the northwest line of said Survey to its
9-25 north corner;
9-26 THENCE southeast along the northeast line of said Survey to the
9-27 most southerly southwest corner of the Rafael Herrera Survey 382;
10-1 THENCE east along the south line of said Rafael Herrera Survey 382
10-2 to its southeast corner;
10-3 THENCE north along the east line of said Survey to the northwest
10-4 corner of the C. C. Survey 8;
10-5 THENCE east along the north line of said C. C. Survey 8 to its
10-6 northeast corner, which is in the west line of the C. C. I. Co.
10-7 Survey 7;
10-8 THENCE north along the west line of said C. C. I. Co. Survey 7 to
10-9 the northwest corner of said Survey;
10-10 THENCE east along the north line of said Survey to its northeast
10-11 corner, which is in the west line of A. B. & M. Survey 5;
10-12 THENCE north along the west line of said A. B. & M. Survey 5 to its
10-13 northwest corner;
10-14 THENCE east along the north lines of said Survey and the Bertha
10-15 Staffel Survey 4 to the southwest corner of the B. S. & F. Survey
10-16 417-3/8;
10-17 THENCE northeast across said Survey to the southwest corner of the
10-18 Ed Penshorn Survey 367;
10-19 THENCE east along the south line of said Ed Penshorn Survey 368 to
10-20 its southeast corner;
10-21 THENCE east across the H. J. Uppertz Survey 417-4/8 to the
10-22 northwest corner of the W. W. Allen Survey 353;
10-23 THENCE east along the north line of said Survey to its northeast
10-24 corner;
10-25 THENCE south along the east line of said Survey to the most
10-26 northerly northwest corner of the Hrs. Wm. Brishin Survey 89 1/2;
10-27 THENCE east along the north line of said Hrs. Wm. Brishin Survey 89
11-1 1/2 to its northeast corner;
11-2 THENCE southeast across the Rompel Vogel & Koch Survey 553 to the
11-3 northwest corner of the E. Gonzales Survey;
11-4 THENCE south along the west line of said Survey to its southwest
11-5 corner, which is in the northwest corner of the E. Martin Survey
11-6 89;
11-7 THENCE southeast across said E. Martin Survey 89 to the southwest
11-8 corner of the Fr. Vaidez Survey 478 1/2;
11-9 THENCE east along the south line of said Survey to its southeast
11-10 corner;
11-11 THENCE north along the east line of said Survey to its northeast
11-12 corner, which is in the south line of the W. N. Hughes Survey;
11-13 THENCE east along the south line of said W. N. Hughes Survey,
11-14 across Cibolo Creek and the Bexar County-Comal County line.
11-15 SECTION 3. DEFINITION. In this Act, "district" means a
11-16 groundwater conservation district created under Section 1 of this
11-17 Act.
11-18 SECTION 4. FINDING OF BENEFIT. All of the land and other
11-19 property included within the boundaries of a district will be
11-20 benefited by the works and projects that are to be accomplished by
11-21 the district under powers conferred by Section 59, Article XVI,
11-22 Texas Constitution. The district is created to serve a public use
11-23 and benefit.
11-24 SECTION 5. AUTHORITY OF TEMPORARY DIRECTORS. (a) Except as
11-25 provided by Subsections (c) and (d) of this section or otherwise by
11-26 this Act, the temporary directors of a district have the same
11-27 permitting and general management powers as those granted to
12-1 initial and permanent directors under Chapter 36, Water Code.
12-2 (b) The temporary directors or their designees have the
12-3 authority to enter any public or private property located within
12-4 the district to inspect a water well as provided by Section 49.221,
12-5 Water Code.
12-6 (c) The temporary directors do not have the authority
12-7 granted by the following provisions of Chapter 36, Water Code:
12-8 (1) Sections 36.017, 36.019, 36.020, and 36.059,
12-9 relating to elections;
12-10 (2) Sections 36.105, 36.1071, 36.1072, 36.1073, and
12-11 36.108, relating to eminent domain and management plans;
12-12 (3) Sections 36.171-36.181, relating to bonds and
12-13 notes;
12-14 (4) Sections 36.201-36.204, relating to taxes; and
12-15 (5) Sections 36.321-36.359, relating to annexation and
12-16 consolidation.
12-17 (d) The temporary directors may regulate the transfer of
12-18 groundwater out of the district as provided by Section 36.122,
12-19 Water Code, but may not prohibit the transfer of groundwater out
12-20 of the district.
12-21 SECTION 6. MORATORIUM ON ADOPTION OF LONG-TERM MANAGEMENT
12-22 PLANS. To ensure consistency of district long-term management
12-23 plans with the regional planning process authorized by Senate Bill
12-24 No. 1 (Chapter 1010), Acts of the 75th Legislature, Regular
12-25 Session, 1997, a district may not adopt the comprehensive
12-26 management plan required by Section 36.1071, Water Code, before
12-27 September 1, 2001.
13-1 SECTION 7. INITIAL BOARD OF DIRECTORS. The initial
13-2 directors may not be elected until after September 1, 2001.
13-3 SECTION 8. TEMPORARY DIRECTORS. (a) Except as provided by
13-4 Subsections (b) and (c) of this section, the commissioners court of
13-5 a county containing territory included within the district shall
13-6 appoint temporary directors in accordance with the provisions of
13-7 Section 36.016, Water Code, relating to the appointment of
13-8 temporary directors by county commissioners courts.
13-9 (b) For districts composed of more than one county, the
13-10 county commissioners court of each county with territory in the
13-11 district shall appoint an equal number of temporary directors, the
13-12 total number of temporary directors appointed to be determined by
13-13 the county commissioners courts except that the total number of
13-14 directors may not be fewer than five or more than 11.
13-15 (c) The 90-day limit for the appointment of temporary
13-16 directors under Section 36.016, Water Code, does not apply to the
13-17 appointment of temporary directors under this Act.
13-18 SECTION 9. ORGANIZATIONAL MEETING. (a) As soon as
13-19 practicable after the temporary directors are appointed as provided
13-20 by this Act, the temporary directors shall hold the organizational
13-21 meeting of the district and take office at that time.
13-22 (b) The temporary directors shall hold the meeting at a
13-23 location within the district to which a majority of the temporary
13-24 directors agree.
13-25 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
13-26 (a) Not earlier than September 1, 2001, the temporary board of
13-27 directors shall call and hold an election to confirm the district
14-1 and to elect the initial directors.
14-2 (b) At the confirmation and initial directors' election, the
14-3 temporary board of directors shall have placed on the ballot the
14-4 names of the candidates for each of the positions on the board. To
14-5 qualify as a candidate for a position, a person must be a resident
14-6 of the district.
14-7 (c) If the district is confirmed at the election, the
14-8 temporary board of directors, at the time the vote is canvassed,
14-9 shall:
14-10 (1) declare the qualified person who receives the most
14-11 votes for each position to be elected as the initial director for
14-12 that position; and
14-13 (2) include the results of the initial directors'
14-14 election in the district's election report to the Texas Natural
14-15 Resource Conservation Commission.
14-16 (d) The initial directors shall draw lots to determine their
14-17 terms so that:
14-18 (1) one-half or a simple majority of the directors
14-19 serve four-year terms that expire on the fourth anniversary of the
14-20 date the initial directors were elected; and
14-21 (2) the remaining directors serve two-year terms that
14-22 expire on the second anniversary of the date the initial directors
14-23 were elected.
14-24 (e) Subsection (a), Section 41.001, Election Code, applies
14-25 to a confirmation and initial directors' election held as provided
14-26 by this section.
14-27 (f) Except as provided by this section, a confirmation and
15-1 initial directors' election must be conducted as provided by
15-2 Subsections (b)-(h), Section 36.017, Water Code, and the Election
15-3 Code.
15-4 (g) If the establishment of the district has not been
15-5 confirmed at an election held under this section before the fourth
15-6 anniversary of the effective date of this Act, the district is
15-7 dissolved on that date, except that any debts incurred shall be
15-8 paid and the organization of the district shall be maintained until
15-9 all debts are paid.
15-10 SECTION 11. ELECTION OF PERMANENT DIRECTORS. Beginning in
15-11 the second year after the year in which the district has held a
15-12 confirmation election, an election shall be held in the district on
15-13 the first Saturday in the month in which the initial directors were
15-14 elected under Section 10 of this Act and every two years after that
15-15 date to elect the appropriate number of directors to the board.
15-16 SECTION 12. ELECTIONS. Prior to September 1, 2001, the
15-17 temporary directors of a district shall not hold an election for
15-18 the imposition of a tax.
15-19 SECTION 13. MODIFICATION OF DISTRICT. A district created
15-20 under this Act may be modified by subsequent acts of the Texas
15-21 Legislature. The modification may be in response to the
15-22 recommendations of an interim study or committee, including the
15-23 possibility of adding additional area to the district or merging
15-24 the district with other districts for the purposes of the efficient
15-25 and effective management of a common groundwater resource.
15-26 SECTION 14. STATUTORY INTERPRETATION. Except as otherwise
15-27 provided by this Act, if there is a conflict between this Act and
16-1 Chapter 36, Water Code, this Act controls.
16-2 SECTION 15. RATIFICATION OF DISTRICT CREATION. (a)
16-3 Notwithstanding the provisions of Section 10 of this Act, an
16-4 election for the confirmation of the creation of a groundwater
16-5 conservation district under this Act and for the selection of
16-6 initial directors for such district shall not be held unless action
16-7 is taken by the 77th Legislature in its Regular Session to ratify
16-8 the creation of the district.
16-9 (b) Except as provided by Subsection (c) of this section, a
16-10 groundwater conservation district created by this Act whose
16-11 creation is not ratified by the 77th Legislature as provided by
16-12 Subsection (a) of this section is dissolved effective September 1,
16-13 2001.
16-14 (c) If a groundwater conservation district is dissolved
16-15 under this section, the district has no further authority, except
16-16 that any debts incurred shall be paid and the organization of the
16-17 district shall be maintained until all debts are paid.
16-18 SECTION 16. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
16-19 (a) The proper and legal notice of the intention to introduce this
16-20 Act, setting forth the general substance of this Act, has been
16-21 published as provided by law, and the notice and a copy of this Act
16-22 have been furnished to all persons, agencies, officials, or
16-23 entities to which they are required to be furnished by the
16-24 constitution and other laws of this state, including the governor,
16-25 who has submitted the notice and Act to the Texas Natural Resource
16-26 Conservation Commission.
16-27 (b) The Texas Natural Resource Conservation Commission has
17-1 filed its recommendations relating to this Act with the governor,
17-2 lieutenant governor, and speaker of the house of representatives
17-3 within the required time.
17-4 (c) All requirements of the constitution and laws of this
17-5 state and the rules and procedures of the legislature with respect
17-6 to the notice, introduction, and passage of this Act are fulfilled
17-7 and accomplished.
17-8 (d) The procedural requirements of this section relating to
17-9 the provision of notice have been met by the provision of notice of
17-10 the introduction of the proposed Acts of the 76th Legislature
17-11 relating to the creation of the groundwater conservation districts
17-12 now created by this Act.
17-13 SECTION 17. EFFECTIVE DATE. This Act takes effect September
17-14 1, 1999.
17-15 SECTION 18. EMERGENCY. The importance of this legislation
17-16 and the crowded condition of the calendars in both houses create an
17-17 emergency and an imperative public necessity that the
17-18 constitutional rule requiring bills to be read on three several
17-19 days in each house be suspended, and this rule is hereby suspended.