the owner thereof or his agent and thereon as compensation to the ownthe commissioners court; and in the er, or if the material has no market event such material is needed for the value then its value shall be fixed at general system of county highways, such sum as the evidence shows the then payment shall be made from material to be reasonably worth for the road and bridge fund of the county, the purposes for which it is used; or from the proceeds of any county and provided further that the value issue of bonds, and if such material may be fixed either as a whole or in is to be used for the benefit of any quantities, by the yard for earth, for defined district or political subdivision sand, or broken stone, or by the perch of the county, then the cost of such for stone used for building walls or defined district or subdivision arising abutments, and per tree or per post through sale of bonds or the collec- or per foot where trees are suitable tion of special taxes; provided, how- for lumber, for bridge material for ever, that should said owner or his timber or in such quantities as may be agent, and the said commissioners needed upon estimates secured by or court fail to agree upon the compen- under the directions of the commissation to be paid therefor, then the sioners court of the county. county, upon the order of said court, shall proceed to condemn the same in the manner that a railroad company can condemn land for right of way, and the same proceedings shall be had as if the proceedings were by a railroad company.

Sec. 2. That Article 6985, Revised Civil Statutes of Texas of 1911 be and the same are hereby amended to read as follows:

Article 6985. The County shall not be required, in proceedings to determine the compensation to be paid for material to build, repair or maintain public roads, in any case to give bond for costs, and the commissioners appointed to condemn such property necessary as aforesaid shall receive for their services two dollars for each and every day that they may be necessarily engaged in the performance of their duties as such commissioners, to be paid out of the same fund from which payment is made for materials is paid, on the order of the commissioners court and the compensation awarded by said commissioners for the necessary material shall be paid to the owner or deposited with the county treasurer to the credit of such owner, and when so paid or deposited the county shall have the right to enter upon and use said material. If the owner of such material, or said county, is not satisfied with the compensation awarded said owner, he or said county. may appeal therefrom as in cases of appeal in proceedings by railroad companies to condemn rightof-way; provided the commissioners appointed to condemn such road material, shall, after due hearing, fix a fair and reasonable value for such material; and if it has a market value, then such market value shall be determined and the market value fixed

Sec. 3. The fact that there is not now any adequate law authorizing counties to use and condemn materials mentioned in this Act for the purpose of constructing, maintaining and repairing public roads therein, and that there is at this time numerous counties, political subdivisions, and defined road districts in Texas, constructing public highways, and greatly in need of material with which to construct same, creates an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days be suspended and said rule is hereby suspended, and that this act shall take effect and be in full force from and after its passage, and it is so enacted.

Committee Room,

Austin, Texas, June 18, 1920. Hon. W. A. Johnson, President of the Senate

Sir: We, your Committee on Enrolled Bills to whom was referred Senate Bill No. 27, have carefully compared same and find it correctly enrolled and have this day at 10:10 o'clock a. m. presented same to the Governor for his approval.

SMITH, Chairman.

The following is the bill in full:

S. B. No. 27. An Act to amend Chapter 74 on pages 139 and 140 of the General Laws of the Regular Session of the Thirty-fifth Legislature of Texas, as amended by Chapter 154 on pages 284, and 285 of the General Laws of the Regular Session of the Thirty-sixth Legislature of Texas, so as to prohibit the sale or offering for sale of road vehicles of certain carrying capacity with tires of less than the herein pre

scribed width within the State of Texas, fixing penalties for the violation thereof; and declaring an emergency.

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

That Chapter 74 of the General Laws of the Regular Session of the Thirty-fifth Legislature of Texas shown on pages 139 and 140 of said General Laws of said Regular Session of said Thirty-fifth Legislature, as amended by the General Laws of the Regular Session of the Thirtysixth Legislature of Texas shown on pages 284 and 285 of said General Laws of said Regular Session of said Thirty-sixth Legislature, be and the same is hereby amended so as hereafter to read as follows:

Section 1. That it shall be unlawful from and after the passage of this act for any person, firm, association or corporation to sell or offer for sale within the State of Texas any wagon or other road vehicle with an intended carrying capacity of more than two thousand pounds and not exceeding four thousand five hundred pounds which shall have rim or tire on the wheels of same less than three inches in width; or any such wagon or other road vehicles with an intended carrying capacity of more than four thousand five hundred pounds which shall have a rim or tire

a

on the wheels of same less than four inches in width.

Sec. 2. This Act shall apply to all persons, firms, associations or corporations engaged in the sale of road vehicles, either at wholesale or retail, but shall not apply to individuals, selling or offering for sale road vehicles purchased for their individual use.

an intended carrying capacity of four thousand five hundred pounds are urgently and immediately needed by the farmers of the State for the handling of their crops, and that it is impractical to supply or to use said wagons in many parts of this State when they have rims or tires exceeding three inches in width, creates an emergency and an imperative public necessity requiring the suspension of the constitutional rule requiring that all bills be read on three several days, and said rule is suspended, and this act shall take effect and be in force from and after the passage, and it is so enacted.

The following is the bill in full: S. B. No. 64. An Act authorizing the Board of Prison Commissioners of the State of Texas to use its funds not exThousand ceeding Fifty ($50,000.00) dollars for the purpose of operating the maintaining and Texas State Railroad; providing for working a limited number of convicts thereon within a limited time; providing for the sale of said Railroad by the Board of Prison Commissioners of the State of Texas upon certain terms and conditions, upon approval of the Governor; declaring this Act to be cumulative, repealing all laws or parts of laws in conflict herewith, and declaring an emergency. Be it enacted by the Legislature of the State of Texas:

Sec. 3. Any firm, association or corporation violating the terms of this Act, shall be subject to a penalty of not less than one hundred ($100.00) dollars nor more than one thousand ($1,000.00) dollars for each offense to be collected for the benefit of the county in which such violation may occur; and any person violating the terms of this Act shall be subject to a fine of not less than one hundred ($100.00) dollars nor more than one thousand ($1,000.00) dollars for each offense, and each sale or offer of sale in violation here- Sec. 2. The Board of Prison of shall constitute a separate offense. Commissioners of the State of Texas Sec. 4. The fact that wagons with is hereby authorized to work State

Sec. 1. The Board of Prison Commissioners of the State of Texas is hereby authorized to expend its funds in a sum not to exceed Fifty Thousand ($50,000.00) Dollars for the purpose of maintaining and operating the Texas State Railroad.

convicts on the Texas State Railroad for the purpose of putting its track and roadbed in good condition, provided that not more than forty (40) convicts be worked at any one time on said road, and that such work be done within six months after this Act becomes effective and not thereafter.

Texas to expend any of its funds in the maintenance and operation of the Texas State Railroad. and there is now no law authorizing said Board of Prison Commissioners to work convicts on said railroad and no law permitting the sale of said railroad as junk, and because of the deplorable condition of said railroad, and because of the fact that said railroad cannot be operated by the State except at a great loss and expense to the State, creates an emergency and a public necessity that the constitutional rule requiring bills to be read on three several days be suspended, and this Act shall take effect from and after its passage, and it is so enacted.

Committee Room,

Austin, Texas, June 17, 1920. Hon. W. A. Johnson, President of

the Senate.

Sec. 3. The Board of Prison Commissioners of the State of Texas is hereby authorized, upon approval of the Governor, to sell, for the highest amount and upon the best terms obtainable, the Texas State Railroad to any person or corporation, and to execute and deliver to the purchaser thereof a deed to the right-of-way and to all other lands owned by the State and used in connection with said road, and to do any and all things which may be necessary to convey the title of said railroad, right-of-way, rolling stock, and all other property of whatsoever kind belonging to said railroad, to the pur- Senate Bill No. 77, copy hereto atchaser. The purchaser of said rail-tached, have carefully compared same road may, after two years from the and find it correctly enrolled and date of purchase of same, take up have this day at 11.05 o'clock a. m., the rails, ties, bridges, culverts, fences and all property belonging to his approval. presented same to the Governor for the State Railroad and sell or otherwise dispose of the same as said purchaser may see fit. If the Board of Prison Commissioners of the State of Texas is unable to obtain satisfactory bids for the purchase of said railroad, it may, in its discretion, take up

the rails, ties, bridges, culverts, fences, and sell the same together with all depots, buildings, rolling stock and all other property belonging to said railroad to the best advantage and for the greatest amount obtainable. Provided that in no event shall said railroad be sold unless a cash payment be made at the time of such sale. equal to the face value and accrued interest of bonds owned by the school funds of the State of Texas and against said railroad, and if said railroad is sold, it shall be the duty of said Board of Prison Commissioners to immediately pay off and discharge said bonded indebtedness.

Sec. 4. This law is cumulative of all other laws on this subject, except such as are in conflict herewith, and all laws or parts of laws in conflict herewith are hereby repealed.

Sir: We, your Committee on Enrolled Bills to whom was

referred

SMITH, Chairman.

The following is the bill in full: S. B. No. 77. An Act adding to and making a part of the Alice Independent School District in Jim Wells County, Texas, certain territory now known and designated as the Adams Common School District No. 2, Jim Wells County, Texas; exempting such added territory from the bonded indebtedness of Alice Independent School District now existing against the said district; giving the Board of Trustees of the Alice Independent School District jurisdiction over the lands and property and the inhab itants thereof of the said added territory; validating the incorporation proceedings of the said Alice Independent School District and its bonded indebtedness; providing for the assessing and collecting of taxes for the year 1920 and future years on the lands and property of the said added territory, and declaring an emergency.

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

Sec. 5. The fact that the present Section 1. That the lands and terlaw prohibits the Board of Prison ritory lying immediately north of and Commissioners of the State of adjoining the Alice Independent School

Sec. 3. That the said Alice Inde

of Trustees thereof shall have and exercise all power, authority and jurisdiction over all lands, territory and property and inhabitants thereof that are by this Act added to and made a part thereof, that are given by the

District, the said lands and territory known and designated as the Adams pendent School District and the Board Common School District No. 2 in Jim Wells County, Texas, be and the same is hereby added to and made a part of the said Alice Independent School District for school purposes, and shall be and is hereby placed under the jurisdiction and government of the board general school laws of the State of of trustees of the said independent Texas, to independent school districts school district, the same as other ter- and the boards of trustees thereof. ritory composing said independent Sec. 4. That the incorporation proschool district under the general laws ceedings heretofore had in the ingoverning independent school dis- corporation of the said Alice Indetricts; the said lands and territory hereby added to and made a part of the said independent school district is hereby described by metes and bounds as follows, to-wit:

of

pendent School District of Jim Wells County, Texas, and the bond issues issued by said district for the purpose of the creation and equipment public free school buildings in said district, are hereby in all things ratified, confirmed and validated and made binding in law.

Sec. 5. That the provisions of this Act shall be cumulative of all general laws now in force or hereafter enacted governing independent school districts, their manner of creating debts, levying and collecting taxes, except when the same are in conflict with the provisions of this Act.

Sec. 6. That the Board of Trustees

of the said Alice Independent School District, acting through the regularly appointed assessor and collector of the said independent school district be given the right to, and herein empowered to levy and collect school taxes for the year 1920 and future years in the territory being added by this Act to the said Alice Independent School

Beginning at the northeast corner of Anastacio Perez's 8765.8 acre tract thence north about 1000 varas to the northwest corner of what is known as the Robt. Adams tract, the same being a part of the M. Farias Survey No. 1, Abstract No. 148; thence east along the north line of the said Robt. Adams tract to its northeast corner; thence south along the east line of the said Robt. Adams tract, the same being a part of the said M. Farias Survey No. 1, and also along the east line of the Hancock, Loving and Roby Subdivision, being also a part of the said M. Farias Survey, to the southeast corner of Block No. 77 of the said subdivision where the east line of the present Adams Common School District No. 2 intersects the boundary of the present Alice Independent School District at its most eastern northeast corner, District. this point of intersection being Sec. 7. The fact that the adding of what is known as the Precinio Creek; new territory to said independent thence northwesterly up the meanders school district as herein provided aids of said creek along the present bound-the present necessity and increases ary line between the Alice Independent the efficiency of the schools in the School District and the Adams School said independent school district and District to the east line of the Manuel offers better school advantages to the Perez 8781.45 acre tract where the children in the territory now being said east line of the Manuel Perez added to the said independent school tract intersects the Resaca en Medio district, creates an emergency and an Creek; thence north along the said imperative public necessity that the east line of the Manuel Perez 8781.45 constitutional rule requiring bills to acre tract and along the east line of be read on three several days, be susthe Anastacio Perez 8765.8 acre tract pended, and said rule is so suspended to the place of beginning. and this Act shall take effect from and after its passage, and it is so

on

Section 2. Provided that the above and foregoing described lands and ter-enacted. ritory hereby added to and made a part of the said Alice Independent School District shall not be subject to the present bonded indebtedness now outstanding against the said Alice Independent School District and the territory now composing the said Alice Independent School District.

Committee Room,

Austin, Texas, June 17, 1920. Hon. W. A. Johnson, President of the Senate.

Sir: We, your Committee on Enrolled Bills, to whom was referred Senate Bill No. 12, have carefully com

pared same and find it correctly enrolled and have this day at 11:05 o'clock a. m. presented same to the Governor for his approval.

The following is the bill in full:

S. B. No. 12. An Act to validate sales of Public Free School land sold on August 16, 1895, and declaring an emergency. Be it Enacted by the Legislature of the State of Texas:

for excess fees, and for the payment of deficit amounts; the appointment and pay of deputies and assistants to the various district and county officers; prescribing the maximum salaries to be paid such deputies and assistants; and providing for the appointment of two additional assistants by the district or county attorney in counties having an excess of inhabitants, which two assistants shall not be required to possess the same qualifications required by law for district and county attor

the maximum

neys; prescribing on that date,

Section 1. All sales of Public Free School Land which were sold on the 16th day of August 1895, and the division of surveys sold where no proof of occupancy has been made and subsequent purchasers have bought in good faith, are hereby validated, and when fully paid out in accordance with the purchase, the Commissioner of the General Land Office shall issue a patent therefor without proof of occupancy.

Sec. 2. The importance of the subject matter of this Act, and the fact that this is a special session of the Legislature creates an emergency and an imperative public necessity, demanding the suspension of the constitutional rule requiring bills to be read in each House on three several days, and it is suspended, and that this Act be in force and effect from and after its passage and it is so enacted.

Committee Room,

Austin, Texas, June 17, 1920. Hon. W. A. Johnson, President of the

Senate.

Sir: We, your Committee on Enrolled Bills, to whom was referred Senate Bill No. 97, have carefully compared same and find it correctly enrolled and have this day at 11:05 o'clock a. m. presented same to the

Governor for his approval.

SMITH, Chairman.

The following is the bill in full:

amount of salaries to be paid such additional assistants and the manner of such payment; providing for fifty ($50.00) dollars per month for necessary expenses by such district or county attorneys in counties and providing that nothing in this Act shall repeal the provision of H. B. No. 196, passed by the Regular Session of the Thirty-sixth Legislature, same being known as Chapter 47 of the Acts of the Regular Session of the Thirty-sixth Legislature, page 83, relating to salaries of district attorneys, and deputies, assistants and stenographers in counties having a population of more than one hundred thousand (100,000), and declaring an emergency.

Section 1. That Article 3903, of the Revised Civil Statutes of Texas, be amended so the same shall hereafter read as follows:

Article 3903. Whenever any offi named in Articles 3881 to 3886 shall require the service of deputies or assistants in the performance of his duties, he may apply to the County

Commissioners Court of his county to appoint such deputies or assistants and said County Commissioners Court; whereupon said Court shall make its order authorizing the apS. B. No. 97. pointment of such deputies and fix An Act to amend Article 3905 of the the salaries to be paid them and deRevised Civil Statutes of the State termine the number to be appointed, of Texas of 1911, as amended by provided that in no case shall said the Thirty-third Legislature at its commissioners court or any member Regular Session, Chapter 121 and thereof attempt to influence the apChapter 142 and as amended by pointment of any person as deputy Chapter 55 of Regular Session of or assistant in any office, and therethe Thirty-fifth Legislaure, and as upon the officers applying for such amended by Chapter 158 of the deputies shall be authorized to apRegular Session of the Thirty-sixth point them as now provided by law, Legislature; relating to the maxi- provided that said salary shall not mum amount of fees to be re- exceed the maximum amount hereintained by district and county offi- after set out. Provided that in cers; the manner of accounting | counties having a population in ex