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GENERAL LAWS OF TEXAS.

THIRTY-SECOND LEGISLATURE, 1911.

APPROPRIATIONS-MILEAGE AND PER DIEM OF MEMBERS OF THE THIRTY-SECOND LEGISLATURE.

S. B. No. 3.]

CHAPTER 1.

An Act appropriating the sum of one hundred and twenty thousand dollars, or so much thereof as may be necessary, out of the general revenue, not otherwise appropriated, to pay the mileage and per diem of members and per diem of officers and employes of the Thirty-second Legislature, and declaring an emergency.

Be it enacted by the Legislature of the State of Texas:

SECTION 1. That the sum of one hundred and twenty thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of the general revenue, not otherwise appropriated, to pay the mileage and per diem of members, and per diem of officers and employes of the Thirty-second Legislature.

SEC. 2. The fact that no revenue is available for the purpose set forth in Section 1 of this Act, creates an emergency and an imperative necessity, that the Constitutional rule requiring bills to be read on three several days be suspended, and that this Act take effect from and after its passage, and it is so enacted.

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An Act appropriating the sum of twenty thousand dollars, or so much thereof as may be necessary, out of the general revenue not otherwise appropriated to pay the contingent expenses of the Thirty-second Legislature, and declaring an emergency.

Be it enacted by the Legislature of the State of Texas:

SECTION 1. That the sum of twenty thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of the general revenue, not otherwise appropriated, to pay the contingent expenses of the Thirty-second Legislature.

SEC. 2. The fact that no revenue is available for the purpose set forth in Section 1 of this Act creates an emergency and an imperative necessity that the Constitutional rule requiring bills to be read

1-Laws.

on three several days be suspended, and that this Act take effect from and after its passage, and it is so enacted.

Approved January 17, 1911.
Became a law January 17, 1911.

STATE'S DEPOSITORIES-AMENDING THE LAW WITH REFERENCE TO.

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An Act to amend Chapter 164 of the General Laws of the State of Texas, passed at the Regular Session of the Twenty-ninth Legislature, approved May 1st, 1905, relating to a system of State, county and city depositories for State, county and city funds, as amended by Chapter 90, General Laws of the State of Texas, passed at the Regular Session of the Thirtieth Legislature, and approved April 12, 1907, also relating to the same subject; so as to further define what banks or banking institutions may become State depositories, and providing for the advertising of bids for the safe keeping and the - payment of the deposits of said funds; and further regulating such depositories, repealing all laws in conflict with this Act, and declaring an emergency.

Be it enacted by the Legislature of the State of Texas:

SECTION 1. That Sections 1, 3a, 6 and 9, of Chapter 164, of the General Laws of the State of Texas, passed at the Regular Session of the Twenty-ninth Legislature and approved May 1st, 1905, relating to a system for State, county and city depositories for State, county and city funds, as amended by Chapter 90, of the General Laws of the State of Texas, passed at the Regular Session of the Thirtieth Legislature, and approved April 12, 1907, relating to the same subject, be amended so as to hereafter read, respectively, as follows:

Section 1. It shall be the duty of the State Treasurer, at the time and in the manner provided in this Act, to designate a bank or banking institution in each Congressional District in the State of Texas, which shall be known as a State Depository. Said bank or banking institution must be a National bank or an incorporated company authorized to do business in the State of Texas, and must have a paid up capital stock of not less than $25,000, and any such bank or banking institution may become a bidder under the provisions of any section of this Act; but each such depository shall be established and conducted in accordance with and subject to the provisions of this Act, and in no instance shall there be made to any such bank or banking institution any award of said funds greater than the amount of its paid up capital stock. Other depositories may be selected in lieu of those not selected from and for Congressional Districts and provided for herein. The term "Senatorial District," wherever used herein, shall hereafter read and be construed to mean "Congressional District."

Section 3a. If for any one or more congressional districts no bids shall be submitted, or none shall be accepted, or the successful bidder shall fail to qualify, as provided herein, it shall be the duty of

the State Treasurer immediately after the date fixed herein for the opening of bids to advertise for bids in such daily newspaper or newspapers, of general circulation in the State as they shall deem adviseable [advisable] for proposals from any bank or banks of the class and character before mentioned in the State to keep, as a State depository as many equal portions according to the number of congressional districts of the State funds, not exceeding fifty thousand dollars as there are such congressional districts for which no depository has been selected not exceeding equal portions as herein before referred to, to be awarded to any one bidder; such bids to be submitted upon a date named in such notice not less than twenty nor more than thirty days subsequent to the first publication of said notice last above named upon the date named in such notice. The State Treasurer shall open all bids received in the presence of the Comptroller and Attorney General, and shall, with their approval and consent, award the keeping of the number of equal portions, as herein before referred to, of the State funds, for which proposals have been advertised for to the highest and best bidders therefor, at the discretion of the State Treasurer, Comptroller and Attorney General, one bidder makeing [making] a proposal under the provisions of this Section, may be awarded the keeping of two equal portions or not exceeding one hundred thousand dollars of the State funds, and in such case such bidder shall deposit securities of double the value of the same class and character and give double the indemnity bond required by this Act for depositories selected from congressional districts and shall be governed by all the restrictions and regulations imposed upon them by this Act. All depositories selected under this Section shall be required to file with their bids the same certified check to be forfeited under the same conditions, and their tenure shall terminate at the same time as depositories selected from congressional districts. No award shall in any case be made to any bidder under this Section who shall propose to pay less than two per cent per annum on daily balances. For the purposes of this Act the term "equal portions" shall be construed to mean 'as near as may

be."

Section 6. The State Treasurer shall also require the deposit as collateral security for such deposit required, United States, State, county, independent school district or municipal bonds, in an amount equal to the sum deposited with and received by each such bank or banking institution, which depository shall not be required, however, to receive on deposit more than fifty thousand dollars at any one time; but before any State, county or municipal bonds shall be received as collateral security in such cases, they must be registered with the Comptroller and approved by the Attorney General of the State of Texas, under the same rules and regulations as are now required for bonds in which the permanent school funds of the State are to be invested; provided, such company [county], municipal or independent school district bonds must be worth not less than par.

Section 9. All tax collectors in the State of Texas, and all officers charged with the duty of remitting to the State Treasurer State funds shall, after the passage of this Act, be required to remit all State funds to the State Treasurer as required by law prior to

the enactment of Chapter 164 of the General Laws of the State of Texas, passed at the Regular Session of the Twenty-ninth Legislature; and it shall be the duty of the Treasurer of the State of Texas to keep with each State depository in Texas a correct account showing a true and correct statement of the account of said depository with the State of Texas, and the balance on hand in each at the close of each day's business.

SEC. 2. All laws and parts of laws in conflict with the provisions of this Act shall be and the same are hereby repealed.

SEC. 3. The fact that there are not sufficient State funds subject to deposit in State depositories to enable the State to secure the benefit of the dopository laws throughout all the Senatorial Districts of the State, and the fact that to establish such depositories in congressional districts only, will be of greater advantage to the State; and the further fact that tax collectors and other officers should be required to remit moneys due the State directly to the State Treasurer instead of placing same on deposit with depositories, create an emergency and an imperative public necessity requiring that the Constitutional rule which requires that bills be read on three several days be suspended, and it is so suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted.

Approved February 2, 1911.

Became a law February 2, 1911.

COUNTY COURT FOR HARRIS COUNTY, TEXAS-FOR CIVIL CASES.

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An Act to create the County Court of Harris County for Civil Cases; to define the jurisdiction thereof, and to conform to such change the jurisdiciton of the County Court of Harris County, and declaring an emergency.

Be it enacted by the Legislature of the State of Texas:

SECTION 1. That there is hereby created a court to be held in Harris county, to be called the County Court of Harris County for Civil Cases.

SEC. 2. The County Court of Harris County for Civil Cases shall have jurisdiction in all civil matters and causes, original and appellate, over which, by the general laws of the State of Texas, the county court of said county would have jurisdiction, except as provided in Section three (3) of this Act; and all civil cases other than probate matters and such as are provided in Section three (3) of this Act, be and the same are hereby transferred to the County Court of Harris County for Civil Cases, and all civil writs and processes heretofore issued by or out of said county court other than pertaining to matters over which, by Section three (3) of this Act, jurisdiction remains in the County Court of Harris County be and the same are hereby made returnable to the County Court of Harris County for

Civil Cases. The jurisdiction of the County Court of Harris County for Civil Cases and of the judge thereof shall extend to all matters of eminent domain of which jurisdiction has been heretofore vested in the County Court of Harris County or in the county judge thereof, but this provision shall not effect [affect] the jurisdiction of the commissioners court or of the county judge of Harris county as the presiding officer of such commisioners court, as to roads, bridges, and public highways, and matters of eminent domain which are now within the jurisdiction of the commissioners court or the judge thereof.

SEC. 3. The county judge [court] of Harris county shall retain as heretofore, the general jurisdiction of a probate court; it shall probate wills, appoint guardians of minors, idiots, lunatics, persons non compos mentis, and common drunkards, grant letters testamentary and of administration, settle accounts of executors, administrators and guardians, transact all business pertaining to deceased persons, and to hear and determine all matters affecting juvenile offenders, minors, idiots, lunatics, person non compos mentis, and common drunkards, including the settlement, partition and distribution of estates of deceased persons, and shall have jurisdiction to hear and determine all matters relating to or arising out of the granting or revoking of liquor licenses, and all matters appertaining thereto; and to apprentice minors as provided by law, and the said court, or the judge thereof, shall have the power to issue writs of injunctions, mandamus, and all writs necessary to the enforcement of the jurisdiction of said court, and also to punish contempts under such provisions as are or may be provided by general law governing county courts throughout the State; but said County Court of Harris County shall have no other jurisdiction, civil or criminal. The county judge of Harris county shall be the judge of the County Court of Harris County, and all ex officio duties of the county judge shall be exercised by the said judge of the County Court of Harris County, except in so far as the same shall by this Act be committed to the judge of the County Court of Harris County for Civil Cases.

SEC. 4. Both the said County Court of Harris County and the County Court of Harris County for Civil Cases, or either of the judges thereof, shall have the power to issue writs of injunction, sequestration, attachment, garnishment, certiorari, supersedeas and all other writs necessary to the enforcement of the jurisdiction of said courts; and also power to punish for contempts under such provisions as are or may be provided by the General Laws governing county courts throughout the State, and to issue writs of habeas corpus in cases where the offense charged is within the jurisdiction of said courts or of any court or tribunal inferior to said courts.

SEC. 5. The terms of the County Court of Harris County for Civil Cases, and the practice therein and appeals and writs of error therefrom shall be as prescribed by laws relating to county courts. The terms of the County Court of Harris County for Civil Cases shall be held as now established for the terms of the county court of Harris county until the same be changed in accordance with the law.

SEC. 6. There shall be elected in said county by the qualified voters thereof, at each general election, a judge of the County Court of Harris County for Civil Cases, who shall be well informed in the

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