Senate by a two-thirds vote, yeas 23, nays 2; and passed the House of Representatives by a two-thirds vote, yeas 97, nays 0.]

Approved June 5, 1899.

Became effective June 5, 1899.

STATE ASYLUMS-THEIR IMPROVEMENT-AMENDMENT. H. B. No. 572.]

CHAPTER CLXXVII.

An Act to amend Article 148, Chapter 2, Revised Statutes of the State of Texas, relative to payment for construction or improvement of State asylums. SECTION 1. Be it enacted by the Legislature of the State of Texas: That Article 148, Chapter 2, Revised Statutes of the State of Texas, be so amended as hereafter to read as follows:

Article 148. All moneys appropriated by the Legislature for the erection of buildings, or the making of improvements upon the grounds of an asylum, shall be subject to rejection by the board of trustees of such asylum, for the amount actually necessary to pay for such building or improvements; but no money shall be paid except it be upon estimates of completed work, furnished by the contractor, and approved by the architect and board of trustees; provided, that in no case shall more than three-fourths of the actual cost of building or improvements be paid until the work is completed and accepted.

Approved June 5, 1899.

Takes effect 90 days after adjournment.

H. B. No. 291.]

BURGLARY-AMENDMENT.

CHAPTER CLXXVIII.

An Act to amend Chapter 6, Title 17, of the Penal Code of the State of Texas, by adding thereto Articles $39a, 845a, 845b and 845c, defining and punishing the crime of burglary of a private residence at night.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That Chapter 6, Title 17, of the Penal Code of the State of Texas, be amended by adding thereto Articles 839a, 845a, 845b and 845c, as follows:

Article 839a. The offense of burglary of a private residence is constituted by entering a private residence by force, threats or fraud, at night, or in any manner by entering a private residence at any time, either day or night, and remaining concealed therein until night, with the intent, in either case, of committing a felony, or the crime of theft.

Article 845a. The punishment for burglary of a private residence shall be by imprisonment in the penitentiary for any term of years not

less than five.

Article 845b. Nothing in Articles 839a and 845a of this chapter shall be construed to alter or in any manner repeal Articles 838 and 839 of this chapter, nor any part thereof, but shall be construed to make burg

lary of a private residence at night a separate and distinct offense from burglary, as defined in Articles 838 and 839 of this chapter.

Article 845c. The term "private residence," mentioned in Articles 839a, 845a and 845b of this chapter, shall be construed to mean any building or room occupied and actually used at the time of the offense by any person or persons as a place of residence.

SEC. 2. The near approach of the close of the present session of the Legislature, and the crowded condition of the calendar, create an emergency and an imperative public necessity, requiring the suspension of the constitutional rule requiring bills to be read on three several days, and it is so suspended.

Approved June 5, 1899.

Takes effect 90 days after adjournment.

UNLAWFUL USE OF ANOTHER'S ANIMAL-AMENDMENT. H. B. No. 135.]

CHAPTER CLXXIX.

An Act to amend Article 788, Chapter 3, of the Penal Code of the State of Texas, relating to the use of animals without the consent of the owner.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That Article 788, Chapter 3, of the Penal Code of the State of Texas, relating to the use of animals without the consent of the owner thereof be, and the same is hereby amended so as to hereafter read as follows:

Article 788. Any person who shall hereafter take and use, or take up and use, any horse, mare, gelding, mule, ox, cow, or any other dumb animal, the property of another, and without the consent of the owner thereof, shall be fined in any sum not less than ten nor more than one hundred dollars; provided, that nothing herein contained shall prevent a prosecution for the theft of such animal whenever the offense of which said party shall be guilty shall come within the meaning of that crime; provided, that this article shall not be construed as in any way to interfere with the laws regulating estrays.

SEC. 2. Whereas, there is now no law on our statutes that sufficiently prevents the use of animals without the consent of the owner thereof, and there exists a necessity for immediate action of the Legislature, therefore an emergency and an imperative public necessity exists, requiring that the constitutional rule requiring bills to be read on three several days be suspended, and said rule is so suspended.

Approved June 5, 1899.

Takes effect 90 days after adjournment.

OCCUPATION TAX REPEALED PHYSICIANS.

S. S. B. No. 19.]

CHAPTER CLXXX.

An Act to repeal Subdivision 14, of Article 5049, Chapter 18, Title 104, of the acts of the First Called Session of the Twenty-fifth Legislature, relating to occupation taxes on physicians and surgeons.

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

SECTION 1. That Subdivision 14, of Article 5049, Chapter 18, Title 104, of the "Acts of the First Called Session of the Twenty-fifth Legislature" be, and the same is hereby repealed.

SEC.. Whereas, the collection of occupation taxes on physicians and surgeons is unjust, creates 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 from and after its passage, and it is so enacted.

[NOTE. The enrolled bill shows that the foregoing act passed the Senate and was reported to the House of Representatives, where it was amended and passed, no vote given in either instance. The Senate refused to concur in Icuse amendments, and asked for Free Conference Committee. The report of the Free Conference Committee was adopted by the Senate and by the House of Representatives, no vote given in either instance.]

Approved June 5, 1899.

S. S. B. No. 46.]

BRIBERY-AMENDMENT.

CHAPTER CLXXXI.

An Act to amend Article 127, Chapter 1, Title 5, of the Penal Code of the State of Texas, adopted at the Regular Session of the Twenty-fourth Legislature, relating to bribery.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That Article 127, Chapter 1, Title 5, of the Penal Code of the State of Texas be amended so as to hereafter read as follows:

Article 127. (122) Under the name of Executive, Legislative and Judicial officers are included the Governor, Lieutenant-Governor, Comptroller, Secretary of State, State Treasurer, Commissioner of the General Land Office, Commissioner of Agriculture, Insurance, Statistics and History, Superintendent of Public Instruction. members of the Legislature, aldermen of all incorporated cities and towns in this State, judges of the Supreme, District and County Courts and of the Courts of Appeals, Attorney-General, district and county attorneys, justices of the peace, mayors and judges of such city courts as may be organized by law, county commissioners, school trustees, and all other city, county and State officials.

SEC. 2. The fact that this law is being grossly violated in many places in Texas, creates an emergency and a public necessity requiring the suspension of the constitutional rule which requires bills to be read on three

several days in each house, and the same is hereby 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 Senate, and passed the House of Representatives, no vote given in either instance.]

Approved June 5, 1899.

CITIES AND TOWNS-VALIDATING ACT-AMENDMENT. S. B. No. 360.]

CHAPTER CLXXXII.

An Act to amend Article 386c, Title 18. Chapter 1. Revised Civil Statutes of the State of Texas, 1895, relating to validating certain incorporations of cities and towns.

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

SECTION 1. That Article 386c, Title 18, Chapter 1, Revised Civil Statutes of the State of Texas, 1895, be so amended as hereafter to read as follows:

Article 386c. All cities and towns in this State whose charter may be void by reason of a failure to properly define their limits or that may have included in such limits more territory than is provided for in Article 386a, that shall within one hundred days, from the taking effect of this law, comply with Article 386a, be and such charter and incorporation are hereby in all things validated, the same as if such territorial limits had at first been properly established.

SEC. 2. The crowded condition of the calendar and the near approach of the end of the Twenty-sixth Legislature, 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 Senate by a two-thirds vote, yeas 21, nays 0; and passed the House of Representatives by a two-thirds vote, yeas 87, nays 0.]

Approved June 5, 1899.

Became effective June 5, 1899.

SCHOOL DISTRICTS-AMENDMENT.

H. B. No. 483.]

CHAPTER CLXXXIII.

An Act to amend Article 3938, Chapter 10, Title 86, of the Revised Civil Statutes of the State of Texas of 1895, relating to school districts.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That Article 3938, of Chapter 10, Title 86, of the Revised Civil Statutes of the State of Texas of 1895, relating to school districts, shall be so amended as hereafter to read as follows:

Article 3938. It shall be the duty of the county commissioners' court

21-G. L.

of all organized counties, not already subdivided, to subdivide their respective counties into convenient school districts by the first day of June, 1899, or as soon thereafter as practicable, and counties hereafter organized shall be subdivided before the beginning of the next ensuing school year (provided, that nothing in this article shall be construed to affect counties that have been placed under the community system). Said courts shall designate said school districts by numbers; provided, that when districts are once established they shall not be changed except upon the following conditions, towit: When any patron or patrons of any school in any school district desire to be transferred to any adjoining district they shall make application to the commissioners' court of their county for a change in the district line, and if it shall appear to the said court upon full and complete evidence that the desired change in the district line will divide the distance more equally between the two schools affected by the change, and that the patrons so petitioning live nearer by the most practical road to the school to which they desire to be attached than to the one from which they seek to be released; or if it shall appear to the said court that there is an uncontrollable and dangerous obstacle between the houses of said petitioning patrons and the school to which they have heretofore been attached, and that the school to which they desire to be attached is more accessible than the former, the said commissioners' court may change the district line as requested, but said change shall be by unanimous consent of all the commissioners elected. The commissioners' court shall also have power to correct all errors in school district lines and to complete said lines when they are defective. But two or more adjacent school districts may, by a majority of the qualified voters of each district, and with the approval of the county superintendent, be consolidated, and in such case the county superintendent shall designate such consolidated district by suitable number. The commissioners' court of any organized county to whien. any unorganized county is attached for judicial purposes may, and upon the written petition of not less than ten resident citizens of such unorganized county, shall create such unorganized county into one or more school districts, and shall cause an order to that effect to be entered upon the minutes of said court.

SEC. 2. The fact that there is now no practicable law by which school district lines may be changed, the great necessity for the same, and the crowded condition of the calendar, creates an imperative public necessity and an emergency that the rule requiring bills to be read on three several days should be suspended, and it is hereby so enacted and declared that this act shall take effect and be in force from and after its passage.

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

Approved June 6, 1899.