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expenses, then the deficit shall be the name of the State of Texas on paid by the State Treasurer out of request of the Commission in any the general revenue not otherwise court of Travis County having jurisappropriated. Any surplus remain- diction of the subject matter when ing in the Gas Utilities Fund, after the State of Texas is complainant. In paying all such salaries, costs, fees, no case in which appeal shall be charges and expenses, and deducting taken from a final order or decision such amount as may be contracted to of the Commission shall a trial, rebe paid and incurred and such as may covery or conviction be had under be reasonably estimated by the Com- this section until after a final determission for its use, shall be paid over mination of the appeal or the issues at the termination, or as soon there- in such suit by the courts. after as practicable, of such annual fiscal period and assigned and credited to the general revenue fund.

Sec. 41. Every gas utility as defined in this Act shall have an office in one of the counties of this State in which its property or some part thereof is located and shall keep in the said office all books, accounts, papers, records, vouchers and receipts as shall be required by the Commission. No books, accounts, papers, records, receipts, vouchers or other data required by the Commission to be so kept shall be at any time removed from this State except upon such conditions as may be prescribed by the Commission.

Sec. 43. Whenever the Commission shall be of the opinion that any gas utility is failing or omitting or about to fail to omit, to do anything required of it by law, or by any order, decision, rule, regulation, direction or requirement of the Commission, issued or made under authority of this Act, or is doing anything or about to do anything or permitting anything or about to permit anything to be done, contrary to or in violation of law or any order, decision, rule, regulation, direction or requirement of the Commission, issued or made under authority of this Act, it shall certify such fact or facts to the Attorney General who Sec. 42. Every gas utility sub- shall then forthwith commence an ject to the provisions of this Act and action or proceeding in the District all officers, agents, and employes of Court, or any other court of concurevery such public utility shall obey, rent Jurisdiction, in and for the observe and comply with every order county in which the cause or some made by the Commission or a Com- part thereof arose, or in which the missioner so long as the same shall person or company complained of, if remain in force. Any owner, officer, any, has its principal place of busiagent or employe of a public utility ness, or in which the person comwho shall knowingly violate any pro- plained of, if any, resides, in the vision of this Act, or violate or re- name of the State of Texas, for the fuse or fail to comply with any order purpose of having such violations or or decision of the Commission, or a threatened violations stopped and Commissioner, shall be guilty of a prevented, either by mandamus, inmisdemeanor, and upon conviction, junction, or mandatory injunction. It shall be subject to a fine of not less shall thereupon be the duty of the than one hundred nor more than one court to specify a time, not exceedthousand dollars, or to imprisonment ing twenty (20) days after the servin the county jail for not exceeding ice of the copy of the petition, within six months, or to both such fine and which the utility complained of must imprisonment, which may be imposed answer the petition, and in the meanby any court of competent jurisdic- time said utility may be restrained. tion of Travis County, Texas, or other In case of default in answer, such court of Texas having jurisdic- or after answer, the Court shall tion over that county wherein the de- immediately inquire into the facts fendant may reside, and each day and circumstances of the case. shall constitute a separate offense. Such companies or persons as Any utility that shall fail or refuse the Court may deem necessary or to comply with any order, rule, deci- proper to be joined as parties, in sion or finding of the Commission order to make its judgment, order, shall be subject to a penalty of not or writ effective, may be joined as more than One Hundred Dollars per parties. The final judgment in any day during each day it shall so fail such action or refuse, to be recovered on suit brought by the Attorney General in

or proceeding shall either dismiss the action or proceeding or direct that the writ of man

damus, injunction, or mandatory in- of any of the remaining portions of junction issue or be made permanent this Act. as prayed for in the petition, or in such modified or other form as will afford appropriate relief. An appeal may be taken from such final judgment in the same manner and with the same effect, subject to the provisions of this Act, as appeals are taken from judgments of the Dis

trict Court in other actions for mandamus or injunction.

Sec. 47. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed, but nothing in this Act shall, in any duties manner, change the powers, and emoluments of the Railroad Commission under existing laws or effect or limit its jurisdiction with respect to railroads or other utilities heretofore under its jurisdiction; provided, every person and corporation Sec. 44. For the further assur- heretofore violating any law or parts ance of compliance with the Commis- of law in conflict herewith shall be, sion's orders or decisions and obedi- nevertheless, liable and subject to ence to the provisions of this Act or the pains, penalties, forfeitures and of the better execution of the fines therein prescribed as fully as policy or regulation of gas utili- though such laws were not repealed ties as gathered from the provi- hereby, and all rights and remedies sions of this Act, or for the avoid- with respect thereto are hereby exance of the accumulation of penalties pressly reserved, or of inconvenience to the public or Sec. 48. The fact that there is no loss to any gas utility, or for other law providing for the adequate regugrounds cognizable in a Court of lation of the gas utilities named hereEquity, any Court having jurisdic-in creates an emergency and an imtion of the parties or subject matter perative public necessity that the conis hereby authorized and empowered stitutional rule requiring all bills to upon the application of the com- be read on three several days plainant or petitioner in any action suspended, and that this Act take brought against a gas utility under effect from and after its the provisions of this Act, to ap- and it is so enacted. point a receiver or receivers under bond in such sum and conditioned as the Court may require, to take charge of and operate the business and property of any public utility in such action, until the final adjudication of such cause.

Sec. 45. Any regular or special employee of the Commission who divulges any fact or information coming to his knowledge respecting any inspection, examination, or investigation of any account, record, memorandum, book or paper, or of the property and facilities of a public utility as defined herein, except in so far as he may be authorized by the Commission or by a court of competent jurisdiction or a judge thereof, is guilty of a misdemeanor, and upon conviction, shall be subject to a fine of not less than One Hundred nor more than One Thousand Dollars, to be imposed by a court of competent jurisdiction of Travis county and in addition thereto, shall be discharged by the Commission and not re-employed.

be

passage,

Amendment No. 10-House Bill
No. 11.

Amendment to substitute for House Bill No. 11.

By Caldwell:

Sec. 4. The provisions of this Act shall not confer original jurisdiction on the Railroad Commission over persons or companies owning, operating, or managing any gas plant or equipment and furnishing service within any municipality under any franchise or contract with such municipality; provided, however, that should any order, decision, rule or regulation imposed by the commission upon any gas utility over which it has jurisdiction under this Act occasion or create a disagreement between any municipality and any such local utility concerning any rate or service, which disagreement is irreconcilable, then in such event the commission shall have appellate jurisdiction over the subject matter of Section 46. The sections, sub-sec- such dispute or disagreement, and it tions and clauses of this Act are sep- shall be the duty of such municipality arable and if, for any reason, any sec- at the earliest practicable date, not to tion, sub-section, sentence or clause exceed thirty days after giving a hereof is held unconstitutional, such hearing to such local utility concerndecision shall not affect the validity ing such matter to certify to the said

commission the record of the proceed- making no changes in the territory ings had at such hearing; that such of said district lying on the west side appeal may be taken by the local of the Colorado River. The metes utility or by agreement, and the rec- and boundaries of said entire district ord shall show by whom taken. The would be as follows, to-wit Railroad Commission of Texas shall then have full power and authority to exercise jurisdiction over such dispute, and its decision shall be final, and said parties shall obey the decision or ruling of the said commission in said matter. Either party shall have the same right to have a rehearing, and a judicial review of the decision of the said commission as is provided for in other causes decided by the commission.

Beginning at the Northeast corner of the G. H. Eggemeyer land, on the West bank of the Colorado River,

Amendment to House Bill No. 13.
By Clark.

thence West with his North line to the Northeast corner of the Conrad Gurgens survey, thence West with the North the Southeast corner of the S. A. & M. line of the Conrad Gurgens survey to G. Railroad Co. survey, No. 1, which is also the Northeast corner of the H. M. Johnson and B. F. Stafford survey. Thence with the South line of the S. The local utility concerned in any A. & M. G. Railroad Co. survey No. matter referred to the commission 1 to its Southwest corner, which is as in this section provided shall de-also the Northeast corner of the I. & fray the cost of the proceeding. G. N. Railroad Co. survey No. 1, Both parties on such appeal shall be thence west with the I. &. G. N. entitled to be heard as other parties Railroad Co. Survey No. 1 to its in other causes before the commission. Northwest corner, in the East line of the I. & G. N. Railroad Co. survey, No. 2, thence North with the East line of the I. & G. N. Railroad Co. survey, Nos. 2 and 3, to the Northeast corner of said I. & G. N. Railroad Co. survey No. 3. Thence West with the South line of the I. & G. N. Railroad Co. to be entitled An Act to amend Section 1, Chapter survey No. 6 to the Southwest corner of 19, Local and Special Laws of the the Dr. Barden land, thence in a State of Texas, passed by Northerly direction along the West line Thirty-sixth Legislature at its Reg- of the Dr. Barden tract to its point of ular Session, creating the Garwood intersection with the North line of the I. & G. N. Railroad Co. survey No. 6, Independent School District in tnence North with the West line of Colorado County, reducing the the I. & G. N. Railroad Co. survey Nos. area of said district on the east 10 and 13 to the Northwest corner of side of the Colorado River so as to the I. & G. N. Railroad Co. survey No. include within said district only 13, which is also the Northeast corner that portion of the territory, set out within hereinafter described field notes, containing approximately four and one-half square miles, and making no change in said district on the west side of the Colorado River, defining the boundary thereof, and declaring an

emergency.

A BILL

the

of the I. & G. N. Railroad Co. survey No. 14. Thence North sixty-five (65) degrees East with the Northwest line of sections No. 13 and 12, I. & G. N. Railroad Co., No. 9, S. A. & M. G. Railroad Co. and 6 State, in the Southwest line of the Sam Kennelly League. Thence South, twenty-five (25) degrees East with the Northeast line of said Section 1. That the boundary lines section No. 6, State, to its East corner of said Garwood Independent School which is also the North corner of secDistrict, created by said Act, known tion No. 5, S. A. & M. G. Railroad Co. as Senate Bill No. 251, which is de- Thence North, sixty-five (65) degrees fined in Chapter 19 of the Local and East, 1353 varas, across the land of Special Laws of the State of Texas, Cochran to a point in the Southwest passed by the Thirty-sixth Legisla- boundary line of Treybig's land. Thence ture at its Regular Session, be re- South twenty-five (25) degrees East, defined so as to reduce the area of forty varros to his South corner and said district lying on the east side of West corner of John Valligura's land, the Colorado River, retaining in said thence North sixty-five (65) degrees district on the east side of said river East along the Northwest line of said that territory included within the John Valligura's land, 1330 varros to hereinafter described field notes, but the Vox Populi Garwood Public Road.

Thence continuing sixty-five (65) de

The roll was called, a quorum begrees East, 3086 varros across the landing present, the following Senators of Jones to the West bank of the Col- answering to their names: orado River. Thence in the same di

rection to the East bank of the Color-Alderdice. rado River. Thence up said east Bledsoe.

Hertzberg.
Hopkins.

Rector.

Smith.

Suiter.

Westbrook.

Williford.

Witt.

Woods.

Absent.

Faust.

Gibson.

Parr.
Strickland.

bank of the Colorado River, with Buchanan of Bell. McNealus. its meanders to Chumney Ferry Buchanan of Scurry.Page. Public Road. Thence Easterly Clark. along said road to the inter-Dayton. section with West line of P. T. Gordon Dean. tract, which is also the Southwest cor- Dorough. ner of said tract. Thence in a North- Dudley. erly direction with the West line of Floyd. the Gordon tract to its Northwest cor- Hall. ner. Thence in an Easterly direction with the North line of said Gordon tract, to its Northeast corner. Thence Bailey. Southeasterly with the Northeast line Caldwell. of the Gordon tract to the Chumney Carlock. Ferry Public Road. Thence Westerly Cousins. with said Road to intersection with Davidson. Pen Darvis Slough running through the Eastland land, thence southeasterly with said Slough with its meaners thereof to its point of intersection with the South line of the James Ross League. Thence East with said South line of James Ross to its point of intersection with the East boundary line of the Cane Belt Railroad right-of-way thence following said East line of said right-of-way across said James Nelson League, thence in a Southwesterly direction with the Southeast line of said right-of-way, thence continuing in the same direction to the West bank of the Colorado River, thence down said River with its meanders of said West bank to the point of beginning: which territory shall hereafter constitute the Garwood Independent School District.

Sec. 2. The condition of the schools in said district and the immediate necessity of employing and contracting with teachers to conduct said schools for the ensuing term, creates an emergency and an imperative public necessity authorizing the suspension of the Constitutional Rule requiring that bills be read on three separate days and that this Act take effect and be enforced from and after its passage and it is so enacted.

[blocks in formation]

Prayer by the Chaplain, Rev. S. H.
Morgan.

nal of yesterday, the same was dis-
Pending the reading of the Jour-
pensed with
Dorough.
on motion of Senator

Enforcement of Rule 92.

Senator Dorough asked for a strict

enforcement of rule 92, providing what persons shall have the privilege of the floor.

The rule, on Senator Dorough's request, was read.

Committee Reports.

See Appendix.

The

Bills and Resolutions.

following bills troduced, read first time, and rewere inferred:

By Senator Dayton:

S. B. No. 88, A bill to be entitled "An Act to amend Article 637, Chapter 2, Title 18, Revised Civil Statutes of Texas, 1911, as amended by Section 1 of Chapter 203, Acts of the Regular Session of the Thirty-fifth Legislature, by adding thereto Article 6371, and declaring an emergency." Committee on Civil Jurisprudence. Read first time and referred to

By Senator Hertzbrg:

S. B. No. 89, A bill to be entitled

"An Act to create Somerset Inde- lar Session in 1917 and approved by pendent School District in Bexar the Governor, March 7, 1917, proCounty, Texas, defining the boundar-viding that the Live Stock Sanitary ies thereof; providing for an asses- Commission shall have the power sor and collector of taxes thereof; and it is made their duty, as far as providing for bonds for school pur- possible, to destroy and eradicate poses and for Assessment and Collec- the fever carrying tick which protion of school taxes if voted by the duces Splenetic fever; for the purpose proper majority, for the calendar of protecting the livestock interests year of 1920; providing debts legally of the State of Texas; providing for due to or from any old school dis- issuance of supplemental proclamatrict incorporated in Somerset Inde- tions for the purpose of quarantining pendent School District shall be counties, parts of counties or disvalid to or from the new district tricts, created by the commissioners hereby incorporated; providing court for said purpose, regulating property owned by the old school the movement of stock in the said districts shall pass into possession quarantine districts, providing for of the new districts; providing for the release of counties, parts of counthe sale and moving of schoo! build- ties and quarantine districts; reguings, their location and ereccion un-lating the issuance of certain certifider the sole control and direction of cates of release to counties, parts of Somerset Independent School Dis- counties, quarantine districts or intrict; providing for the application dividuals; providing for written of the General Laws of Texas to notices of such quarantine and the Somerset Independent School Dis- publication of such notices; providtrict when not in conflict with this ing for the shipment of animals to Act; and providing an emergency and from the quarantine districts unclause." der regulations; providing for appointment of assistants to Live Stock Sanitary Commission and for bond for such assistants; providing penalties for violation of this Act, repealing all laws in conflict herewith and declaring an emergency."

Read first time and referred to Committee on Educational Affairs.

By Senator Bledsoe:

The bill was read the second time.

S. B. No. 90, A bill to be entitled "An Act fixing the fees to be charged by the State Board of Water Engineers upon the filing of applications for permits for the storage, diversion and use of water, limiting the maximum fees in the sum of six Senate Bill No. 59-Re-Committed. thousand dollars; providing the time and terms of payment, to be made in installments, and providing for the fixing of the time for commencing of construction work, when the use of water contemplates the construction of a storage reservoir and the man

ner

of extending the time limits thereon and the payment of fees therefor."

Read first time and referred to Committee on Mining, Irrigation and Drainage.

Senate Bill No. 16.

The Chair laid before the Senate, on the calendar

On the request of Senator Cousins Senate Bill No. 56 was withdrawn from the Committee on Agricultural Affairs and referred to the Committee on Finance, by unanimous vote.

Message from House.

A messenger from the House presented himself at the bar of the Senate with the following message:

Hall of the House of Representatives,
Austin, Texas, June 8, 1920.
Hon. W. A. Johnson, President of the
Senate.

Sir: I am directed by the House to inform the Senate that the House has passed the following bills:

S. B. No. 16, A bill to be entitled "An Act amending Section 2, Section 10, Section 14, Section 15, Section H. B. No. 62, A bill to be entitled 16, Section 17, and Section 23 of "An Act to create and establish the Chapter 60 of the General Laws of Dixon Independent School District in the State of Texas as enacted by the Hunt County, Texas, and declaring an Thirty-fifth Legislature in its Regu-emergency."

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