Laws Passed by the ... Legislature of the State of Texas

SEC. 89. Whenever there remains in the hands of the board of directors of any irrigation district, organized under this Act, after the coinpletion of its system and the payment of all demands against said district, any bonds voted to be issued by said district, but not sold, and not necessary to be sold for the raising of the funds for the use of such district, said board of directors may call a special election for the purpose of voting upon a proposition to destroy said unsold bonds or so many of them as may be deemed best, or may submit such proposition at a general election.

SEC. 90. Such election shall be held in the same manner as other elections held under the provisions of this Act. A notice of such election shall be given in the same manner as provided in section 30 of this Act in relation to calling special elections for the issuance of bonds. The notice of election must state the amount of the bonded indebtedness of such district, authorized by the vote of the district, the amount of the bonds remaining unsold and the amount proposed to be destroyed, and the date on which said election is proposed to be held and the polling places as fixed by the board of directors. The ballots to be cast at such election shall contain the words "For Destroying Bonds-Yes" and "For Destroying Bonds-No," and the voter must erase the word "No" in case he favors the destruction of bonds; otherwise the word "Yes."

SEC. 91. When the vote is canvassed by the board of directors and entered of record, if a two-thirds majority of the votes cast should be found to be in favor of the destruction of said bonds, then the president of the board, in the presence of a majority of the members of the board, must destroy the bonds so voted to be destroyed; and the total amount of bonds so destroyed and canceled shall be deducted from the sum authorized to be issued by the electors of said district, and no part thereof shall thereafter be reprinted or reissued.

SEC. 92. Nothing in this act shall be construed as repealing or in anywise modifying the provisions of any other act relating to the subject of irrigation, except in so far as they may be inconsistent herewith; and provided, that nothing contained in this bill shall be so construed as to make its provisions applicable to water secured or provided by wells. Provided, this bill shall not repeal any law now in effect.

SEC. 93. The fact that there is no law covering this subject and the crowded condition of the calendar, creates an emergency and imperative public necessity that the constitutional rule requiring bills to be read on three several days be suspended, and the said rule is so suspended, and it is so enacted.

[NOTE. The foregoing act was presented to the Governor of Texas for his approval on the 15th day of April, A. D. 1905, but was not signed by him nor returned to the house in which it originated with his objections thereto, within the time prescribed by the Constitution, and thereupon became a law without his signature.-O. K. SHANNON, Secretary of State.]

Takes effect 90 days after adjournment.

CITIES, TOWNS AND VILLAGES-PROVIDING FOR DEPOSITORIES FOR THE FUNDS OF.

An Act relating to the finances of cities, towns and villages in the State of Texas, incorporated under the general laws thereof; providing for a system of depositories for their funds; and providing how and when the same shall be selected; for the bond of the depository; how and when the treasurer shall deposit in the depository, and penalty for failure so to do; providing for the failure to select depository, and the duty of the council, or board of Aldermen, in that event; for warrants, and how drawn, and penalties; and repealing all laws and parts of laws in conflict herewith.

SECTION 1. Be it enacted by the Legislature of the State of Texas: The city council of every city in the State of Texas incorporated under the general laws thereof, at its first regular meeting after this act shall take effect, and at its regular meeting in July of each year thereafter, is authorized to receive sealed proposals for the custody of the city funds from any banking corporation, association or individual banker doing business within the city that may desire to be selected as the depository of the funds of the city. Notice that such bids will be received shall be published by the city secretary not less than one nor more than four weeks before such meeting, in some newspaper published in the city. Any banking corporation, association or individual banker doing business in the city desiring to bid, shall deliver to the city secretary, on or before the day of such meeting designated by said published notice, a sealed proposal stating the rate per cent upon daily balances that such banking corporation, association, or individual banker offers to pay to the city for the privilege of being made the depository of the funds of the city for the year next following the date of such meeting; or in the event that said selection shall be made for a less term than one year, as hereinafter provided, then for the time between the date of said bid and the next regular time for the selection of a depository, as aforesaid. All such proposals shall be securely kept by the secretary, and shall not be opened until the meeting of the council for the purpose of passing upon same, nor shall any other proposal be received after they shall have been opened. It shall be a misdemeanor for the city secretary or other person to open any of said proposals or to disclose directly or indirectly the amount of any such bid to any person or persons before the selection of such depository, and upon conviction he shall be fined in a sum of not less than ten nor more than one hundred dollars.

SEC. 2. Upon the opening of the sealed proposals submitted, the city council shall select as the depository of the funds of the city the banking corporation, association or individual banker offering to pay to the city the largest amount for such privileges; provided, however, the council shall have the right to reject any and all bids, and readvertise for new proposals. Within five days after the selection of such depository, it shall be the duty of the banking corporation, association or individual banker so selected to execute a bond, payable to the city, to be approved by the mayor with the concurrence of the city council and filed with the city secretary, with not less than three solvent sureties, who shall own. unincumbered real estate in the county in which said city is located, of as

great value as the amount of said bond, or said depository may make said bond in some approved fidelity and surety company, the penalty of said bond to be at least double the total revenues of the city for the preceding fiscal year, and conditioned for the faithful performance of all duties and obligations devolving by law or ordinance upon said depository, and for the payment upon presentation of all checks drawn upon said depository by the city treasurer, whenever any funds shall be in said depository applicable to the payment of said check, and that all funds of the city shall be faithfully kept by said depository, and with the interest thereon accounted for according to law; and for a breach of said bond, the city may maintain an action in its name.

SEC. 3. As soon as said bond shall be given and approved, an order shall be made by the council designating said banking corporation, association or individual banker as the depository of the funds of the city until the time fixed by this act for another selection, and such order shall be entered upon the minutes. It shall be the duty of the city treasurer immediately upon making of said order to transfer to said depository all the funds in his hands belonging to the city, and immediately upon the receipt of any money thereafter he shall deposit the same with said depository to the credit of the city and for each and every failure to make such deposit, the treasurer and his bondsmen shall be liable to said depository for ten per cent per month upon the amount not so deposited, to be recovered by civil action in any court of competent jurisdiction. If any banking corporation, association or individual banker, after having been selected as such depository, shall fail to give bond within the time provided by this act, then the selection of such banking corporation, association or individual banker as the depository of the city funds shall be set aside and be null and void, and the city council shall after notice published in the manner hereinbefore provided, proceed to receive new bids and select other depository.

SEC. 4. It shall be the duty of the city treasurer upon the presentation to him of any warrant drawn by the proper authority, if there shall be money enough in the depository belonging to the fund upon which said warrant is drawn and out of which the same is payable, to draw his check as city treasurer upon the city depository in favor of the legal holder of said warrant, and to take up said warrant and charge the same to the fund upon which it is drawn; but in no case shall the city treasurer draw any check upon any fund in the city depository unless there is sufficient money belonging to the fund upon which said warrant is drawn to pay the same. No money belonging to the city shall be paid out of the city depository except upon the checks of the city treasurer; and all such checks shall be payable by said depository at its place of business in the city. In case any bonds or coupons or other indebtedness of the city are payable, by the terms of such bonds, coupons or other indebtedness, at any particular place other than the city treasury, nothing herein contained shall prevent the city council from causing the treasurer to withdraw from the depository and to place at the place where such bonds, coupons or other indebtedness shall be payable at the time of their maturity, a sufficient sum to meet the same.

SEC. 5. If, for any reason, no selection of a depository is made at the time fixed by this act, the city council may, at any subsequent meeting,

after notice published as hereinbefore provided, receive bids and select a depository in the manner herein set out, and the banking corporation, association or individual banker so selected shall remain the depository until the next regular term for the selection of a depository, unless the order selecting it be revoked for the causes specified in this act. If the city council shall at any time deem it necessary for the protection of the city, it may, by resolution, require the depository to execute a new bond, and upon failure to do so, within five days after a service of a copy of the resolution on said depository, the city council may proceed to select another depository in the manner hereinbefore provided. The city treasurer shall not be responsible for any loss of the city funds through the negligence, failure or wrongful act of such depository, but nothing in this act shall release said treasurer from responsibility for any loss resulting from any official misconduct on his part, or from responsibility for the funds of the city at any time when, for any reason, there shall be no city depository, or until a depository shall be selected and the funds deposited therein, or for any misappropriation of such funds in any manner by him.

SEC. 6. No check shall be drawn upon the city depository by the treasurer except upon a warrant signed by the mayor and attested by the secretary. No warrant shall be drawn by the mayor and secretary upon any of the special funds of the city created for the purpose of paying the bonded indebtedness of said city in the hands of the city treasurer, or in the depository, for any purpose whatsoever other than to pay the principal or interest of said special fund, or for the purpose of investing said special fund according to law. No city treasurer shall pay off, or issue a check, to pay any money out of any special fund created for the purpose of paying any bonded indebtedness of said city other than for the purpose to pay interest due on said bonds, the principal of said bonds, or for the purpose of making an investment of said fund according to law. Any mayor who shall draw a warrant against a special fund as above defined for any other purpose than above specified, or any city treasurer who shall pay, or issue a check to pay a warrant drawn on the special fund of any city other than for the legal purpose of paying interest due on said bonds, the principal of said bonds, or for investing said sinking fund according to law, shall be guilty of a felony and upon conviction shall be confined in the penitentiary for any term not less than one year and not more than five years. The treasurer shall report to the council on or before its first regular meeting of July in each year the amount of receipts and expenditures of the treasury, the amount of money on hand in each fund, and the amount of bonds falling due for the redemption of which provision must be made; also the amount of interest to be paid during the next fiscal year, and such other reports as the existing law requires of him.

SEC. 7. All provisions of this act shall apply to towns and villages incorporated under the general laws of Texas, as well as to cities so incorporated, and the term "city council" as herein used shall be construed to include the board of aldermen of such towns and villages; the terms "city secretary" and "secretary" shall be construed to include the clerk or secretary of such towns and villages; the term "city treasurer" shall be

construed to include the treasurer of such towns and villages, and the term "city" shall be construed to include towns and villages.

SEC. 8. All laws and parts of laws in conflict herewith are hereby repealed.

SEC. 9. The fact that there is now no law by which cities and towns of the State of Texas incorporated under the general laws thereof, can select a depository, and contract for a stated rate per cent upon daily balances; and the further fact that many of said cities and towns have on hand surplus funds, which have been created through taxation, and which are lying idle in banks, bearing no revenue whatever, creates an imperative public necessity that the constitutional rule requiring bills to be read on three several days should be suspended, and that this bill should take effect from and after its passage, and it is so enacted.

[NOTE. The enrolled bill shows that the foregoing act passed the House of Representatives, no vote given; and passed the Senate, no vote given.]

Takes effect 90 days after adjournment.

SCHOOLS-PROVIDING FOR A COMPLETE SYSTEM OF PUBLIC FREE SCHOOLS IN TEXAS.

An Act to provide for a more efficient system of public free schools for the State of Texas; defining the school funds; providing for the investment of the permanent fund, and the apportionment of the available fund; defining the duties of certain State officers in reference to the public free schools; creating the offices of State and county superintendents, providing for their election and salaries, and prescribing their qualifications and duties; prescribing the duties of other officers in reference to the public schools and public school funds; making county judges ex officio county superintendents in all counties not having county superintendents, and providing for their compensation; provid ing for reports of school officers and teachers; providing for the creation of school districts in all the counties of this State except in such counties as shall vote in favor of the continuance of the community system, and as to such counties continuing in force all laws of the State now in force regulating counties under the community system, "provided, however, that the scholastic census in such county shall be taken by the school trustees appointed by the county superintendent of public instruction in the manner provided in Section 89 of this act;" providing for the election of school trustees and prescribing their qualifications and duties; providing for the creation of county line districts; providing for levying and collecting special taxes for the further maintenance of the public free schools and the erection of schoolhouses; providing for the issuance of common school district bonds for building purposes and providing a sinking fund therefor; providing for the creation of independent school districts at eleemosynary institutions and appointment of trustees therefor; providing for independent school districts in cities and towns and in towns and villages and independent districts incorporated for school purposes only;

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