Act, and to define and prescribe the notice to be given to said corporations previous to such forfeiture; and to provide adequate penalties for the violation of this Act," passed and enacted by the Twenty-fifth Legislature of the State of Texas, and approved April 30th, 1897, be and the same is hereby amended so as hereafter to read as follows:

Art. 5243e. Every life, fire, marine, accident or other insurance company, at the time of its filing its annual statement, shall report to the commissioner of insurance the gross amount of premiums received in this State, and from persons residing in this State, during the preceding year, and each of such life insurance companies shall pay an annual tax of two per cent of such gross premium receipts; and each of such fire, marine, accident or other insurance companies shall pay an annual tax of one and one-half per cent of such gross premium receipts; and the gross premium receipts are understood to be the premium receipts reported to the commissioner of insurance by the insurance companies, on sworn statements. Upon receipt by him of sworn statements, showing the gross premium receipts by such company, the commissioner shall certify to the State treasurer the amount of tax due by each company, which tax shall be paid to the state treasurer, for the use of the State, on or before the first day of March following, whose receipt shall be evidence of the payment of such taxes, and no insurance company shall receive a permit to do business in this State until such taxes are paid. Provided that if any such insurance company shall have as much as one-fourth of its entire assets, as shown by the sworn statement, to be filed with the commissioner of insurance, invested in any or all of the following property or securities, to-wit: real estate in the State of Texas, bonds of this State or of any county, incorporated city or town of this State, or other property in this State in which by law such companies may invest their funds, then the annual tax of any such company shall be one-half of one per cent of its said gross premium receipts; and if any such company shall have invested as aforesaid as much as one-half of its said assets, then the annual tax of such company shall be one-fourth of one per cent of its said gross premium receipts; provided, that the provisions of this Act shall not apply to the Order of the Knights of Honor, Order of Railroad Conductors, and other kindred and like fraternal insurance orders. Provided, that all insurance companies affected by this Act shall pay the same franchise tax levied by existing law upon other corporations of like capital, stock, surplus and undivided profit, all of which is respectfully submitted.

SEC. 2. All laws and parts of laws in conflict with this Act are hereby repealed.

SEC. 3. The importance of this Act, and the immediate necessity for the additional revenues herein provided for, create 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 by a two-thirds vote, yeas 94, nays 0; it was referred to the Senate where it was amended and passed by a two-thirds vote, yeas 27, nays 0; the House of Representatives refused to concur

in the Senate amendments and asked for the appointment of a free conference committee, which was granted by the Senate; the report of the free conference committee was adopted by the House of Reprsentatives by a two-thirds vote, yeas 104, nays 0; and the report of the free conference committee was adopted by the Senate by a two-thirds vote, yeas 26, nays 1.]

Approved April 18, 1905.

Became a law April 18, 1905.

WITNESSES, NON-RESIDENT-PROVIDING FOR SECURING ATTENDANCE OF.

An Act to amend Section 5 of Chapter 19, Act of July 3, 1897, relating to the manner of securing the attendance of non-resident witnesses by virtue of outcounty subpoenas; and providing fees for such witnesses.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That Section 5 of Chapter 19, approved July 3, 1897, be amended so as to hereafter read as follows:

Sec. 5. Witnesses shall receive from the State for attendance upon district courts and grand juries in counties other than that of their residence, in obedience to subpoenas issued under the provisions of this Act, their actual traveling expenses, not exceeding three cents per mile, going to and returning from the court or grand jury, by the nearest practicable conveyance, and one dollar per day for each day they may necessarily be absent from home as a witness, to be paid as now provided by law, and the foreman of the grand jury, or clerk of the district court, shall issue to such witnesses certificates therefor, after deducting therefrom the amounts advanced by the officers serving said subpoenas, as shown by the returns on said subpoenas, which certificates shall be approved by the district judge, and recorded by the clerk in a well bound book kept for that purpose; provided, that when an indictment can be found from the evidence taken before an inquest or examining trial, no subpoena or attachment shall issue for a witness who resides out of the county in which the prosecution is pending to appear before a grand jury; and provided further, that when the grand jury shall certify to the district judge that sufficient evidence cannot be secured upon which to find an indictment, except upon the testimony of non-resident witnesses, the district judge may have subpoenas issued as provided for in this Act, to other counties for witnesses to testify before the grand jury, not to exceed one witness to any one fact, nor more than three witnesses to any one case, pending before the grand jury.

SEC. 2. The importance of the legislation proposed, 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 therefore suspended, and this Act shall take effect from and after its passage.

[NOTE. The enrolled bill shows that the foregoing act passed the

House of Representatives by a two-thirds vote, yeas 91, nays 3; and passed the Senate by a two-thirds vote, yeas 21, nays 0.]

Approved April 18, 1905.

Became a law April 18, 1905.

STATE BONDS-PROVIDING FOR RETIRING BONDS MATURING JULY 1, 1906, AND FOR ISSUING OTHERS, ETC.

An Act to provide for the retirement of certain bonds of the State of Texas, maturing on the 1st day of July, 1906; for issuing other bonds at a lower rate of interest in lieu thereof; providing for the execution of such other bonds, and the manner of exchange of the new bonds.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That the Governor of the State is hereby authorized to have made three manuscript bonds of the State of Texas, numbered 1, 2 and 3, respectively, of which No. 1 shall be of the denomination of one million, four hundred and forty seven thousand dollars ($1,447,000); No. 2 of the denomination of one hundred and sixty five thousand dollars ($165,000); and No. 3 shall be of the denomination of thirty five thousand dollars ($35,000). Said bonds shall be designated "The State of Texas Refunding Bonds, Issue of 1906." They shall be dated July 1st, 1906, and shall become due and payable forty years from their date, but the State shall reserve an option of redeeming them at any time after five years from their date; and shall be payable at the office of the Treasurer of the State of Texas, at Austin, Texas. They shall bear interest at the rate of three per cent per annum, payable semiannually on the 1st day of January and of July of each year, at the office of the Treasurer of the State of Texas, at Austin, Texas, upon presentation of said bonds. The bonds shall be signed by the Governor and Treasurer of the State of Texas, and countersigned and registered by the Comptroller and shall have the seal of the State of Texas affixed thereto. The bonds herein provided for are authorized for the purpose of redeeming, canceling and in lieu of State bonds outstanding to the amount of one million, six hundred and forty seven thousand dollars ($1,647,000) of which one million four hundred and forty seven thousand dollars ($1,447,000) is held by the permanent school fund; one hundred and sixty five thousand dollars ($165,000) by the permanent fund of the University of Texas; and thirty five thousand dollars ($35,000) by the permanent fund of the Agricultural and Mechanical College of Texas, which bonds mature July 1st, 1906, and were issued under an Act passed by the Fifteenth Legislature of the State of Texas, entitled "An Act to provide for the payment of the bonds of the State of Texas that will become due and that are retirable, in the years 1876 and 1877 and to make adequate provision for the floating indebtedness of the State and to supply deficiencies in the revenue by the sale of the bonds of the State, and to make an appropriation to carry into effect provisions of the same, approved July 6th, 1876.

SEC. 2. The Governor and State Treasurer shall exchange said

bond No. 1 for the one million, four hundred and forty seven thousand dollars ($1,447,000) of State bonds held by the permanent school fund; and said bond No. 2 for one hundred and sixty five thousand dollars ($165,000) of State bonds held by the permanent fund of the University of Texas, and said bond No. 3 for thirty five thousand dollars ($35,000) of State bonds held by the permanent fund of the Agricultural and Mechanical College of Texas, which said State bonds mature July 1st, 1906.

SEC. 3. The crowded condition of the calendar, the near approach of the close of the session, create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days be suspended, and the same is so done.

Approved April 18, 1905.

Takes effect 90 days after adjournment.

PRISONERS-PROVIDING A PENALTY FOR AIDING TO ESCAPE.

An Act to amend Article 229, Title 8, Chapter 4, of the Penal Code of the State of Texas, relating to the offense of aiding a prisoner to escape while in the custody of an officer, when such prisoner is being detained on an accusation of a misdemeanor, and making it an offense to willfully aid a prisoner who has been convicted of a misdemeanor to escape from the custody of an officer, and to prescribe a penalty therefor.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That Article 229, Title 8, Chapter 4, Penal Code of the State of Texas, be so amended as to hereafter read as follows:

Article 229. If any person shall willfully aid a prisoner to escape from the custody of an officer by whom he is legally detained in custody after conviction of a misdemeanor or while being so detained in custody on an accusation for misdemeanor, by doing an act calculated to effect that object, he shall be punished by fine not exceeding five hundred dollars; and if, in aiding in the escape he shall make use of arms, he shall be punished by fine not exceeding one thousand dollars.

SEC. 2. The crowded condition of the calendar and the near approach of the end of this session of the Legislature, and there being no sufficient law on the subject of wilfully rescuing prisoners from the custody of officers creates an emergency and an imperative public necessity to suspend the constitutional rule to read bills on three several days be suspended, and said rule is suspended, and this Act shall become a law from and after its passage.

[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, no vote given; the Senate amendments were concurred in by the House of Representatives, no vote given.]

Approved April 18, 1905.

Takes effect 90 days after adjournment.

LOCAL OPTION-RELATIVE TO THE TIME OF HOLDING

ELECTIONS.

H. B. No. 548.]

CHAPTER 158.

An Act to amend Title LXIX, Article 3393, of the Revised Statutes of the State of Texas of 1895, relating to holding local option elections.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That Article 3393, Title LXIX, of the Revised Statutes of the State of Texas, shall hereafter read as follows:

Article 3393. No election under the preceding articles shall be held within the same prescribed limits in less than two years after an election under this Title has been held therein, the result declared, and the notices published as provided in the preceding articles. Such time shall date from the time of publication of the last notice; provided, that where no such notice is required to be published, then such time shall date from the time such result is declared; but at the expiration of that time the commissioners court of each county in the State, whenever they decree it expedient, may order another election to be held by the qualified voters of said county, or of any justice's precinct, or such sub-division of a county as may be designated by the commissioners court of such county, for the same purpose; provided, it shall be the duty of such court to order the election aforesaid whenever petitioned to do so by as many as two hundred voters in any county, or fifty voters in any justice's precinct, or sub-division of such county, as the case may be, to order an election for the same purpose, which election shall be ordered held, notice thereof given, the votes returned and counted, and the result declared and published, in all respects as provided by this Title for a first election; and the order granting such other elections, as well as that declaring the result, shall, if prohibition be carried, have the same force and effect, and the same conclusiveness, as are given to them in the case of a first election by the provisions of this Title; provided, that where no such notice is required to be published, then such time shall date from the time such result is declared.

SEC. 2. The crowded condition of the calendar and the near approach of the close of the session of the Legislature, and there being no adequate law on this subject, create an emergency and an imperative public necessity exists requiring the constitutional rule to be suspended to read bills on three several days, and said rule is so suspended, and this Act shall become 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, no vote given; the House of Representatives concurred in the Senate amendments, no vote given.]

Approved April 18, 1905.

Takes effect 90 days after adjournment.