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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.-0 K. SHANNON, Secretary of State.]

Became a law May 9, 1905.

TAXES-DEFINING AND EXEMPTING PROPERTY OF CHARITABLE INSTITUTIONS FROM.

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An Act to amend Articles 5065 of Title 104, Chapter 2, of the Revised Civil Statutes of the State of Texas, so as to define and exempt the property of charitable institutions from taxation.

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

That Article 5065 of the Revised Civil Statutes be amended as follows:

Article 5065, Section 1. The following property shall be exempt from taxation to wit:

1st. Public school houses and houses used exclusively for public worship, the books and furniture therein and the grounds attached to each building necessary for the proper occupancy, use and enjoyment of the same, and not leased or otherwise used with a view to profit. All public colleges, public academies, all buildings connected with the same and all the lands immediately connected with public institutions of learning and all endowment funds of institutions of learning not used with a view to profit and all buildings used exclusively and owned by persons or association of persons for school purposes. This provision shall not extend to leasehold estates of real property held under authority of any college or university of learning.

2nd. All lands used exclusively for grave yards or grounds for burying the dead, except such as held by any person, company or corporation with a view to profit or for the purpose of speculation in the sale thereof.

3rd. All property whether real or personal belonging exclusively to this State or any political subdivision thereof, or the United States.

4th. All buildings belonging to counties for holding courts, for jails or for county offices with the land belonging to and on which such buildings are erected.

5th. All lands, houses and other buildings belonging to any county, precinct or town, used exclusively for the support or accommodation of the poor.

6th. All buildings belonging to institutions of purely public charity, together with the lands belonging to and occupied by such institutions not leased or otherwise used with a view to profit, unless such rents and profits and all moneys and credits are appropriated by such institutions solely to sustain such institutions and for the benefit of the sick and disabled members and their families and the burial of the same, or for the maintenance of persons when unable to provide for themselves, whether such persons are members of such institutions or not.

An institution of purely public charity under this act is one which dispenses aid to its members and others in sickness or distress, or at death, without regard to poverty or riches of the recipient, also when the funds, property and assets of such institutions are pledges and bound by its laws to relieve, aid, and administer in any way to the relief of its members when in want, sickness and distress and provides homes for its helpless and dependent members and to educate and maintain the orphans of its deceased members or other persons.

7th. All fire engines and other implements owned by towns and cities used for the extinguishment of fires with the buildings used exclusively for the safe keeping there.

8th. All market houses, public squares or other public grounds, town or precinct houses or halls used exclusively for public purposes, and all works, machinery or fixtures belonging to any town and used for conveying water to such town.

9th. All public libraries and personal property belonging to the

same.

10th. All household and kitchen furniture not exceeding at their true and full value two hundred and fifty dollars to each family, in which may be included one sewing machine.

11th. All annual pensions granted by the State, or United States. SECTION 2. The fact that the articles here sought to be amended is not explicit enough to declare beyond a doubt as to what property and funds are not taxable under this act here sought to be amended, and the further fact that the present session of the Legislature is rapidly drawing to a close, and the crowded condition of the calendar will probably not admit of time for this bill to be read on three several days before adjournment of this session of the Legislature, creates an emergency and an imperative public necessity requiring the suspension of the constitutional rule for bills to be read on three several days, that said rule is hereby suspended, and this act shall take effect immediately and be in force from and after its passage, and it is so enacted.

[NOTE. The enrolled bill shows that the foregoing act passed the Senate by a two-thirds vote, yeas 22, nays 0; and passed the House of Representatives, no vote given.]

[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.

LIS PENDENS AND LEVIES-PROVIDING FOR RECORDING NOTICES AND DEFINING EFFECT OF SAME.

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An Act to provide for recording notices lis pendens and levies, to define the effect of such notice and to repeal all laws in conflict therewith.

Be enacted by the Legislature of the State of Texas:

SECTION 1. During the pendency of any suit or action, legal or equitable, involving the title to real estate, or seeking to establish any legal or equitable estate, interest or right, present or future, vested or contingent, therein or to enforce any lien, charge or encumbrance against the same, any party plaintiff, as also any party defendant seeking affirmative relief therein, may file with the county clerk of each county where such real estate or any part thereof is situated a notice of the pendency of such suit, to be signed by the party filing the same, or his agent or attorney, setting forth the number and style of the cause, the court in which pending, the names of the party thereto, the kind of suit and a description of the land affected.

SECTION 2. The county clerk shall record such notice of pendency in a well bound book, to be styled "Lis Pendens Record" and, at the same time, index the same, both direct and reverse, under the names of each and all parties to the suit. For such performance of duty the clerk shall be allowed a fee of fifteen cents per hundred words recorded, not to be less than fifty cents.

SECTION 3. The pendency of such suit or action shall not prevent effective transfers or encumbrances to a third party for a valuable consideration and without other notice, actual or constructive, by a party to the suit of any such real estate as against a subsequent decree for the adverse party, unless such notice shall have been properly filed under the name of the party attempting to transfer or encumber in the county or counties in which said land is situated.

SECTION 4. Such notice of pendency shall not be deemed constructive notice, but merely a memorandum that shall refer all intending purchasers and encumbrancers to an examination of the court records and pleadings to determine whether there is in fact a lis pendens concerning the real estate in question, and it shall be effective for such purpose from the time of its filing.

[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.

TAXES DELINQUENT-PROVIDING FURTHER METHODS FOR COLLECTION OF.

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An Act to provide further methods of collecting and enforcing the collection of delinquent taxes; and declaring an emergency.

Be enacted by the Legislature of the State of Texas:

That whenever it shall appear to the collector of taxes in any county in this State that any person who is a delinquent in the payment of his or her taxes, has no property in his county out of which said amount of taxes can be collected, it shall be the duty of such collector to make out from the assessment list a true and complete list or schedule of the taxes due by said delinquent, which shall be certified to under the official seal and signature of said collector, and to forward the same to the collector of taxes of any county or counties where he shall have reason to believe said delinquent has property of any description, and if said property is in any of the unorganized counties of this State, then to the collector of the county to which said unorganized county is attached for judicial purposes, and when received by said collector, he shall at once proceed to the collection of said tax by seizure and sale, in the same manner as if said taxes were originally assessed and due in his said county, and shall report to the collector from whom said list was received the taxes so collected by him.

SEC. 2. No tax collector in this State shall be allowed credit for lists of delinquent or insolvent taxpayers, as provided by Article 5170 of the Revised Statutes of this State, until he makes oath in writing that he has exhausted all resources to collect said delinquent taxes under this Act, and under Section 10 of Acts of the Twenty-fifth Legislature, Regular Session, Chapter 103; and under Articles 5173, 5174, 5175, and 5175a of the Revised Statutes of this State.

SEC. 3. The fact that the passage of this act will facilitate the collection of taxes, the large lists of delinquents and the dereliction of many collectors in using the powers given them to collect such delinquents, create 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 and be in force from and after its passage, and it is so enacted.

[NOTE. The enrolled bill shows that the foregoing act passed the House of Representatives by a two-thirds vote, yeas 98, nays 0; and passed the Senate by a two-thirds vote, yeas 27, nays 0.]

Approved April 17, 1905.

Became a law April 17, 1905.

TAXES-PROVIDING FOR THE ASSESSMENT AND COLLECTION OF, IN CERTAIN CASES.

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An Act to provide a method for the assessment and collection of taxes on real properties omitted from the tax rolls for any year or years since the year 1884, and a method or re-assessing and collecting the tax on real properties on which former assessments are found to be invalid, or which have been declared invalid by any district court for any reason in any suit to enforce the collection of taxes on said properties. To validate certain described assessments made under various methods, and to promote generally the collection of all delinquent taxes.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That whenever the commissioners' court of any county in this State shall discover, through notice from the tax collector or otherwise, that any real property has been omitted from the tax rolls for any year or years since 1884, or shall find that any previous assessment on any real property for the years mentioned are invalid, or have been declared invalid for any reason by any district court in a suit to enforce the collection of taxes on said properties, they may, at any meeting of the court, order a list of such properties to be made in triplicate and fix a compensation therefor.

The said list to show a complete description of such properties and for what years such properties were omitted from the tax rolls, or for what years the assessments are found to be, invalid and should be cancelled and re-assessed, or have been declared invalid and thereby cancelled by any district court in a suit to enforce the collection of taxes; provided, that no re-assessment of any property shall be held against any innocent purchaser of the same, if the tax records of any county fail to show any assessment (for any year so re-assessed) by which said property can be identified and that the taxes are unpaid. The above exception, with the same limitation, shall also apply as to all past judgments of district courts cancelling invalid assessments.

SEC. 2. When said list has been made up in the manner prescribed in Section 1, the commissioners court may, at any meeting, order a cancellation of such properties in said list that are shown to have been previously assessed, but which assessments are found to be invalid and have not been cancelled by any former order of the commissioners court, or by decree of any district court, and shall then refer such list of properties to be assessed or re-assessed to the tax assessor, who shall proceed at once to make an assessment of all said properties, from the data given by said list (the certificate of the State Comptroller as to assessments or re-assessments made by the tax assessor shall not be necessary as required under Article 5120a, Revised Statutes, but he shall furnish all blank forms needed, that uniformity may be had in all counties), and when completed shall submit the same to the commissioners court, who shall pass upon the valuations fixed by him, and when approved as to the values, shall cause the taxes to be computed and extended at the tax rate in effect for each separate year mentioned in said list and in addition thereto, shall cause to be added a penalty equal in amount to what would be six per cent interest to the date of making said list from the

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