as the sum duplicated thereby, shall be reported by the trustees under oath to the State Superintendent.

Conveyances and Bequests.

SEC. 132. All conveyances, devises and bequests of property for the benefit of the public schools made by any one for any county, city, town or district shall, when not otherwise directed by the grantor or devisor, vest said property in the county judge of the county, or the board of school trustees of the city or town, or the trustees of the school district, or their successors in office, as the trustees for those to be benefited thereby, and the same, when not otherwise directed, shall be administered by said officers under such rules as may be established by the State Superintendent.

INDEPENDENT SCHOOL DISTRICTS.

Cities and Towns.

SEC. 133. All cities and towns which have heretofore, under the Act of May 2, 1875, or any subsequent law, assumed control of the public free schools within their limits, and have continued to exercise the same until the present time, or may hereafter determine so to do by a majority vote of the property taxpayers of said city or town voting at an election held for that purpose, may have exclusive control of the public free schools within their limits.

SEC. 134. Any city or town in this State may aquire the exclusive control of the public free schools within its limits.

SEC. 135. The mayor of said city or town shall, upon the written application of not less than fifty of the qualified electors of such city or town, order, within twenty days of such application, an election by the qualified electors of such city or town, to be conducted as other municipal elections, to decide by a majority of the votes cast by the qualified electors of such city or town at such election, whether such city or town shall acquire the exclusive control of the public free schools and institutions of learning within its limits; provided, that one election and no more shall be held hereafter in any one calendar year to determine whether such city shall acquire the exclusive control of the public free schools within its limits.

Board of Trustees.

SEC. 136. In all cities and towns in this State which have assumed or may hereafter assume the exclusive control and management of public free schools within their limits, and which have determined or may hereafter determine that such exclusive control and management of the public free schools within their limits shall be in a board of trustees, and organized under an act of the Sixteenth Legislature, approved April 3, 1879, and acts amendatory thereto, the title to all houses, lands and other property owned, held, set apart or in any way dedicated to the use and benefit of the public free schools of such city or town, including property heretofore acquired as well as that which may hereafter be acquired, shall be vested in the board of trustees, and their successors in office, in trust for the use and benefit of the public free schools in such city or town, and such board of trustees shall have and exercise the exclusive control and management of such school property, and shall have and exercise the exclusive possession thereof for the purposes afore

said; provided, that where trustees are named other than the municipal corporation itself, in any instrument conveying, donating, bequeathing or devising any money or other property, real or personal, for the benefit of any city or town, this law shall not interfere in any manner with the title or authority of such trustees to or over such money or other property. And such board of trustees shall constitute a body corporate, and shall have full power to protect the title, possession and use of all such property within the limits of such city or town, and may bring and maintain such suit or suits in law or in equity in any court of competent jurisdiction, when necessary, to recover the title or possession of any such property that may be adversely held or seized, or to prevent any trespass upon or injury to such property; and the power and authority of any such board of trustees to bring and maintain any suit in relation to the recovery of such property, or of the possession and use thereof; provided, that the provisions of this article shall not apply to lands belonging to the State upon which houses for school purposes have been built without authority from the State.

SECTION 137. The pro rata of the available school fund of the State appropriated and set apart to such city or town shall be, by the proper officer or department of the State, paid over directly to such treasurer of the board of trustees, who shall execute the proper receipts therefor; and all moneys and funds arising from the assessment and collection of any special tax in such city or town for public free school purposes shall be by the assessor and collector, or other proper officer of such city or town, whose duty it is to collect the taxes, turned over directly to the treasurer of the board of trustees of such city or town, who shall execute and deliver his receipt to such collector, and the mayor and council or board of aldermen of such city or town shall have no power or control of such funds.

SECTION 138. In such cities and towns as have assumed the exclusive control of the public free schools within their limits, and have decided. under the laws providing therefor that a special tax shall be levied for the support of such public free schools, the mayor and council or board. of aldermen of such city or town shall annually assess and levy such tax by ordinance duly passed and approved in the same manner as is required in the assessment and levy of taxes for general purposes in such city or town. In cities and towns which have voted upon and directed the levy of a special tax not exceeding one-half of one per cent, the mayor or council or board of aldermen of such city or town shall annually levy such rate of taxes for public school purposes not exceeding one-half of one per cent as shall be sufficient for the support of the public free schools for the term as required by law; but in such cities and towns as have voted upon and decided at an election held for that purpose, that a specified rate of taxes shall be assessed and levied in such city or town for the support of its public free schools, the mayor and council or board of aldermen of such city or town shall have no discretion in fixing the rate at which such tax shall be levied, but shall assess and levy the same at the rate fixed in the proposition as submitted and adopted by the qualified voters of such city or town at the election held for that purpose.

SECTION 139. Such city or town, after notice to the State Board of

Education that it has determined to assume control of the public free schools within its limits, shall receive such pro rata of the available school fund as its scholastic population may entitle it to.

SECTION 140. After a city or town has assumed control of the public free schools within its limits, the council or board of aldermen shall also submit the question to the property tax payers as to whether or not the additional amount as provided for hereinafter shall be raised by taxation. SECTION 141. If at an election held for that purpose, at which none but property tax payers as shown by the last assessment rolls who are qualified voters of such city or town shall vote, two-thirds of those voting shall vote in favor thereof, such an amount shall be raised by taxation not to exceed one-half of one per cent in addition to the pro rata of the available school fund received from the State as may be necessary to conduct the schools for ten months in the year.

SECTION 142. The city or town council, or board of aldermen of any city, town or village, whether incorporated under any act of the Congress of the Republic, or the Legislature of the State of Texas, or under any act of incorporation whatever, shall have power by ordinance to annually levy and collect not exceeding one-half of one per cent ad valorem taxes for the support and maintenance of public free schools in the city or town where such city or town is a separate and independent school district; provided, that no such tax shall be levied until an election shall have been held, at which none but property taxpayers, as shown by the last assessment rolls, who are qualified voters of such city or town, shall vote, and two-thirds of those voting shall vote in favor thereof. The proposition submitted may be for a tax not exceeding one-half of one per cent, or may be for a specific per cent. One election and no more shall be held hereafter in any one calendar year to ascertain whether a school tax shall be levied. If the proposition is carried the school tax shall be continued to be annually levied and collected for at least two years, and thereafter unless it be discontinued at an election held to determine whether the tax shall be continued or distinued, at the request of fifty property taxpayers of such city or town. When the tax is continued no election to discontinue it shall be held for two years; when the tax is discontinued no election to levy a tax shall be held during the same year.

SECTION 143. If the vote of the taxpayers is in favor of said tax, then it shall be the duty of the council or board of aldermen annually thereafter to levy upon the taxable property in the limits of such city or town, in accordance with the usual assessment of taxes for municipal purposes, such additional tax as may be necessary for the support of the schools for ten months in the year, not to exceed one-half of one per cent. SECTION 144. Schools thus organized and provided for by incorporated cities and towns shall be subject to the general laws, so far as the same are applicable; but each city or town having control of schools within its limits shall constitute a separate school district, and may provide for the organization of schools and the appropriation of its school funds in such manner as may be best suited to its population and condition.

City School Age.

SECTION 145. Any city or town having voted a tax, in addition to the pro rata of the available school fund from the State, may extend the

scholastic age and prescribe such other studies as the board of school trustees may deem proper.

Sale of City School Property.

SECTION 146. Any houses or lands held in trust by any city or town for public free school purposes may be sold for the purpose of investing in more convenient and desirable school property, with the consent of the State Board of Education, by the board of trustees of such city or town; and in such cases the president of the school board shall execute his deed to the purchaser for the same, reciting the resolution of the State Board of Education giving consent thereto and the resolution of the board of trustees authorizing such sale.

SECTION 147. Towns or cities which have assumed or may hereafter assume control and management of the public free schools within their limits, may also provide for building sites and buildings for such public free schools and institutions of learning, in the manner and under the restrictions and limitations provided in Article 486 Revised Statutes, relating to cities and towns.

Extension of City Limits for School Purposes Only.

SECTION 148. Any city or town that has taken charge of the public free schools within its limits, or that shall hereafter take charge of the same, may by ordinance extend its corporation lines for school purposes only on a petition signed by a majority of the resident qualified voters of the territory which is to be taken into said city or town for school purposes only, and recommended by a majority vote of the trustees of the public free schools of said city or town; provided, that the proposed change shall not deprive the scholastic children of the remaining part of the common school district or districts which may be affected by the proposed change, of the opportunity of attendance upon school.

The added territory shall bear its pro rata part according to taxable values of any school debt or debts that may be owed or contracted by said city or town to which it shall have been added, and shall not bear any part of any other debt that may be owed or contracted by such city or town. The property of the added territory shall bear its pro rata part of all school taxes, but of no other taxes. The added territory shall not affect the city's debts or business relations in any manner whatever, except for school purposes as provided above.

The officers whose duty it is to assess and collect school taxes within the city limits shall also assess and collect school taxes within the territory added for school purposes as herein provided.

TOWNS AND VILLAGES INCORPORATED FOR SCHOOL PURPOSES ONLY.

Incorporation.

SECTION 149. Towns and villages authorized to incorporate under this chapter, or having two hundred inhabitants or over, may form an incorporation for free school purposes only, which may include within its bounds a town or village incorporated for municipal purposes, the same not having assumed control of the public schools within its limits; provided, that the territory so incorporated for free school purposes shall not exceed an area of twenty-five square miles; provided, that said corporation shall be laid out in a square as near as is practicable with reference to the location of the school building; and when so desiring, an

election may be held under the provisions of this title and chapter, and if, at such election, a majority of the votes cast be in favor of the incorporation, it shall be the duty of the county judge to make return thereof, and cause a record of the result of such election to be made, the same as provided for by Articles 585 and 586 Revised Statutes of Texas, upon which entry being made, such town or village shall be regarded as duly incorporated for the purpose of establishing and maintaining free schools therein, and shall, upon notice to the State Board of Education by the board of trustees hereinafter provided for, receive such pro rata share of the available school fund as its scholastic population may entitle it to. And provided also that all school incorporations hereafter formed under the provisions of this act shall have the right to levy and collect taxes and issue bonds for school purposes, the same as school incorporations heretofore formed.

When a town or village is included in a corporation for free school purposes, and such town or village shall afterwards be incorporated for municipal purposes, it shall not thereby acquire a right to take the control of the schools within its limits out of the hands of the school corporation.

SECTION 150. Independent school districts heretofore organized which have not the required population in the town proper, but have such population in the whole independent district, shall be validated by this act.

SECTION 151. All towns and villages within the State heretofore regularly incorporated for free school purposes, and which embrace within their incorporated territory, towns heretofore incorporated for municipal purposes, which latter had ceased to exercise the functions of a municipal corporation or which had not assumed control of the public schools within their limits when the former was incorporated, are hereby declared valid and lawful incorporations for free school purposes from the date of their incorporation, and all acts of any such town or village incorporated for free school purposes heretofore done or hereafter to be done, shall have the same force and effect as the acts of a valid and lawful incorporation for such purposes; and it is further provided, that any town or village organized as an independent school district, which may embrace in its territory portions of two or more counties, is hereby declared a valid incorporation for free school purposes from the date of its incorporation.

Any town or village mentioned in the preceding section, whether such town or village be situated on both sides of a line dividing two counties or not, may form such incorporation for free school purposes only in the manner now providing by law, and the territory so incorporated may extend to and include within its boundaries territory in one or more counties, not exceeding an area of twenty-five square miles; provided, that application shall be made to the judge of the county court of the county in which said town is situated.

SECTION 152. All such towns and villages shall have exclusive control of the public free schools within their limits.

Extension of Boundaries.

SECTION 153. Whenever the territory heretofore incorporated or which may hereafter be incorporated, for free school purposes, shall contain