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SEC. 6. Said State Tax Board shall carefully examine and consider the said statements and information, and shall hear evidence and secure further and additional information so far as may be in their power, to show the true value of the properties aforesaid, and the true value of that portion of every such property, which is situated within this State, and within the respective counties, and each interested company, corporation and association may appear and introduce material and relevant testimony before the said board, touching the true value of its said property within this State, and the apportionment thereof, and the board shall have full power to summon and swear witnesses. From the statements, evidence and information adduced before it, the State Tax Board shall ascertain, fix and determine the true value of each such property, and of the portion thereof which is situated within this State, and the respective values of the several portions within the different counties thereof, in which any such portions are taxable, and for that purpose said board may require and compel any person or persons, or the officers and agents, or any of them, of any company, corporation or association embraced within the terms of this Act, to appear before it with such books, papers, documents and information as the board may require, and to submit themselves to examination by the board.

SEC. 7. In so far as the other evidence and information adduced before them does not make it appear to the members of the said State Tax Board improper or unjust for them to do so, said board shall, in fixing the true cash value of the entire property of any company, corporation or association embraced within the provisions hereof, take as a basis therefor the aggregate market or true value of all its shares of stock, adding thereto the aggregate market or true value of all indebtedness secured by any mortgage, lien or other charge upon its property or assets, and the sum so produced shall be deemed and treated as the true cash value of said entire property. And, in cases where the company, corporation or association does business and has property both within this State and outside of it, in ascertaining the true cash value of its property within this State, said State Tax Board shall next ascertain from the said statements, or otherwise, the market or true value in the locality where the same is situated, of each of the several pieces of real estate situated outside of this State, and of its other properties, if any, outside thereof, and not specifically used in the business of said company, corporation or association, and the aggregate of said. values shall be deducted from the gross value of the property as above ascertained, and the result of the said deduction, and the sum or value thereby produced, shall be deemed and treated as the true cash value of all the property of the said company, corporation or association in actual use in its business. The said State Tax Board shall then fix the value of the property within this State, using as a basis and being guided so far as it shall not believe it unjust to do so, by the proportion which it finds to exist between the total lines or total receipts, both within this State and outside of it, and the lines controlled or operated, or the receipts obtained entirely within this State, so that there shall be apportioned to this State, as the true value of the property within its borders of each company, corporation, person and association doing business within and outside of its limits, such a portion of the cash value of

all of the property of such company, corporation, individual or association which is specifically used in its business, as is borne by its total lines or total receipts within this State, when compared with the total lines or total receipts both inside and outside of the State of Texas. From the entire value of the property within this State, when ascertained as directed by this Act, the said State Tax Board shall deduct the assessed value for taxation of all the property and assets of said company, corporation or association, as the same is found to be assessed for State and county taxation, in the locality wherein the same is legally taxable, and the residue and remainder of value shall be by the said board fixed and determined as the true value of the unassessed franchises and intangible properties owned and held by said company, corporation or association within this State. The said State Tax Board shall apportion the sum of the said total taxable values within the State, among and between the counties in which such company, corporation or association does business, in proportion to the amount of business done in and the receipts derived from each locality, except that in case. of a railroad company, or of a car company, or of a telegraph company, then the apportionment to each county shall be in proportion to the line or car mileage therein; provided, however, that the said Tax Board shall have the right and it is hereby declared to be its duty to make use of all evidence put before it, and of all material facts at its command in valuing and in apportioning the values of the aforesaid properties, and if it shall believe some other method of calculation than that herein specifically prescribed is necessary in order to produce just and lawful results, it shall follow the method which under all the circumstances, it believes best calculated to bring about a fair and equitable valuation and apportionment of such property.

SEC. 8. Whenever any person or association of persons, not being a corporation, nor having a capital stock, shall engage in this State in any character of business embraced within this Act, then the capital and property, or the certificates or other evidences of the rights or interests of the persons engaged in such business shall be deemed and treated as the capital stock of such person or association of persons, for the purposes of taxation, and for all other purposes under this Act, and shall be estimated and valued, and the unassessed intangible property values thereof when ascertained shall be apportioned and distributed and assessed and taxed under the provisions hereof in like manner as if such person or association of persons were a corporation, and each such person and association of persons shall annually within the time and in the manner herein provided, make the statements and reports and give the information required by this Act of the aforesaid companies, corporations and associations, and shall be subject to all penalties herein fixed, and to all the terms and provisions of this Act.

SEC. 9. The State Tax Board, after having first determined and fixed the true cash value of the unassessed intangible property within the State of Texas of the before-mentioned individuals, companies, corporations and associations, in accordance with the provisions hereof, shall, annually, on or before the thirtieth day of May of each year, report to the tax assessor of every county in this State in which any of said intangible and unassessed property is taxable under this Act, a descrip

tion of the property taxable therein, and the value thereof apportioned to said county, and the name and residence or place of business of the owner, and all other necessary particulars, and the said property shall thereupon be assessed by the assessor for taxation in like manner as other property, and shall be equalized and taxed, and the taxes collected as in the case of other property. And so long as any corporation, company or association shall pay all ad valorem taxes required by law, the individual stockholders shall not be required to list its shares for taxation, or to pay ad valorem taxes on said shares, nor shall any company, corporation, association, person or persons, complying with the provisions of this Act, be required to pay any other State or county ad valorem taxes on any of its intangible assets in Texas.

SEC. 10. Every person and association of persons, and every company, corporation or association, embraced within the provisions of this Act, which shall fail to make the returns and statements, or any of them, herein provided, within the time herein limited, or which, after reasonable notice, shall fail to give any additional evidence, or to furnish any additional information required by the said State Tax Board, or by said State Comptroller, by authority hereof, shall forfeit and pay to the State two hundred dollars ($200) for each and every day during which it shall continue in default, which shall be recovered by suit by the Attorney General of the State of Texas, and the venue of every such suit is hereby fixed within the county of Travis, in said State, and the courts of the said county are hereby vested with jurisdiction of the said causes.

SEC. 11. If the property of any individual, company, corporation or association shall be in the hands of any receiver, assignee, trustee in bankruptcy, or other person holding under any court or for the benefit of any creditor, or creditors, then the statements, reports, information, books and papers aforesaid shall be furnished by said receiver, assignee, trustee or other person, or by some officer or agent acting under him, in the same manner and to the same extent as is hereinbefore provided in cases where the individual or the company or association is in possession. SEC. 12. That upon the taking effect of this Act, and upon compliance with its provisions by the individuals, companies, corporations and associations hereby affected, and upon the payment of the taxes imposed hereunder, if any are imposed, all laws and parts of laws laying taxes upon the gross receipts of said individuals, companies, corporations and associations, shall be and the same are hereby repealed. SEC. 13. That all laws and parts of laws in conflict herewith shall be and the same are hereby repealed.

Approved April 17, 1905.

Takes effect 90 days after adjournment.

TAXES-RELATING TO THE LIST OF PROPERTY GIVEN IN BY PROPERTY OWNERS.

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An Act to amend Article 5076, Title CIV, Chapter 2, of the Revised Civil Statutes of the State of Texas, relating to the list of property subject to taxation required to be given by property owners.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That Article 5076, Title CIV, Chapter 2, of the Revised Civil Statutes of the State of Texas be so amended as to hereafter read as follows: Article 5076 (4681.) Such statement shall truly and distinctly set forth:

1. The name of the owner, and a description sufficient for the identification of any real estate belonging to such owner.

2. The number of acres.

3. The value of the land.

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7. The name of the city or town.

8. The number of miles of railroad in the county.

9. The value of railroads and appurtenances.

10. Number of miles of telegraph in the county.

11. Value of telegraph and appurtenances in the county.

12.

13.

14.

Number and amount of land certificates and value thereof.
Number of horses and mules and the value thereof.

Number of cattle and the value thereof.

15. Number of jacks and jennets and value thereof.

16. Number of sheep and value thereof.

17. Number of goats and value thereof.

18. Number of hogs and dogs and value thereof.

19. Number of carriages, buggies, wagons automobiles, bicycles, motor cycles, or other vehicles of whatsoever kind and the value of each one thereof.

20. Number of sewing machines and knitting machines and value. thereof.

21. Number of clocks and watches and value thereof.

22. Number of organs, melodeons, piano fortes, and all other musical instruments of whatsoever kind and value thereof.

23.

The value of household and kitchen furniture over and above

the amount of two hundred and fifty dollars.

24.

Office furniture and the value thereof.

25. The value of gold and silver plate.

26. The value of diamonds and jewelry.

27. Every annuity or royalty, the description and value thereof. Number of steam boats, sailing vessels, wharf boats, barges or

other water craft, and the value thereof.

29. The value of goods, wares and merchandise of every description which such person is required to list as a merchant (in hand on the first day of January of each year).

30. Value of materials and manufactured articles which such person is required to list as a manufacturer.

31. Value of manufacturers' tools, implements and machinery other than boilers and engines, which shall be listed as such.

32. Number of steam engines, including boilers, and the value thereof.

33. Amount of moneys of bank, banker, broker or stock jobber. 34. Amount of credits of bank, banker, broker or stock jobber. 35. Money on hand or on deposit, in or out of the State, with banks, trust companies, corporations, firms or individuals, and subject to order, check or draft, including certificates of deposit.

36. Amount of credits other than of bank, banker, broker or stock jobber.

37. Amount and value of bonds and stocks (other than United States bonds).

38. Amount and value of shares of capital stock companies and associations not incorporated by the laws of this State.

39. Value of all property of companies and corporations other than property hereinbefore enumerated.

40. Value of stock and furniture of saloons, hotels and eating houses. 41. Value of every billiard, pigeon hole, bagatelle or other similar tables, together with the number thereof.

42. Every franchise, the description and value thereof. 43. Value of all other property not enumerated above.

SEC. 2. The fact that there is now no provision of law placing automobiles in the list of property subject to taxation and the near approach of the close of the session creates an emergency and an imperative public 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, no vote given; it was referred to the Senate, where it was amended and passed by a two-thirds vote, yeas 29, nays 0; the House of Representatives concurred in the Senate amendments by a two-thirds vote, yeas 91, nays 5.]

Approved April 17, 1905.

Takes effect 90 days after adjournment.

TAXES PROVIDING FOR LEVYING AND COLLECTING TAXES UPON THE GROSS RECEIPTS OF CERTAIN INDIVIDUALS, FIRMS AND CORPORATIONS.

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An Act providing for the levy and collection of a tax upon individuals, firms, joint stock associations, corporations and other persons owning, operating, managing or controlling for profit within this State the business of express companies, sleeping car, palace car and dining car companies, or either; telegraph companies, telephone companies; surety and guaranty companies; collecting and commercial agencies or either; gas, electric light, electric power and water works companies, or plants, or either; exchanges or dealing in

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