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[NOTE.—The enrolled bill shows that the foregoing act passed the House of Representatives by a two-thirds vote, yeas 95, nays 0; and passed the Senate by a two-thirds vote, yeas 25, nays 0.]
Approved February 14, 1899.
UNLAWFULLY DISPOSING OF MORTGAGED PROPERTY.
H. B. No. 108.]
CHAPTER VIII. An Act to amend Title 4, Chapter 2, of the Code of Criminal Procedure, relating
to the unlawful disposing of mortgaged property, and more particularly fixing the venue of such cases.
SECTION 1. Be it enacted by the Legislature of the State of Texas: That Title 4, Chapter 2, of the Code of Criminal Procedure, be amended by the addition of a new article, to be numbered Article 235a, to read as follows:
Article 235a. When mortgaged property is taken from one county and unlawfully disposed of in another county, the offender may be prosecuted either in the county in which such property was disposed of or in the county from which it was removed, or in which the lien on it is registered.
[NOTE.—The enrolled bill shows that the foregoing act passed the House of Representatives, yeas 69, nays 41; and passed the Senate, vote not given.)
Approved February 20, 1899.
"BIG FOOT” WALLACE-REMOVAL OF REMAINS.
An Act to provide for the removal of the remains of the late lamented W. A. A.
Wallace, familiarly known as “Big Foot” Wallace, from Frio county, and for their interment in the State cemetery at Austin, and making the necessary appropriation therefor.
SECTION 1. Be it enacted by the Legislature of the State of Texas: That the remains of the said W. A. A. Wallace, now interred in Frio county, Texas, shall be removed and interred in the State cemetery at Austin, Texas, at the earliest practicable date; said removal or reinterment to be under the supervision and control of a committee of three members of the House of Representatives of the Twenty-sixth Legislature of Texas, and to be appointed by the Speaker thereof; and after said interment that a suitable headstone shall be erected over his grave, having such inscription as said committee may deem appropriate.
SEC. 2. The sum of two hundred and fifty dollars, or so much thereof as may be necessary, is hereby appropriated for the purpose of defraying the expenses of executing the provisions of this act, and the Comptroller
is hereby authorized to draw warrants for the same upon the approval of said claims by the committee hereinbefore provided for.
Sec. 3. Respect for the memory of said W. A. A. Wallace, and the fact that his remains now lie buried in a neglected and desolated grave, create an imperative public necessity that the constitutional rule requiring bills to be read in each house 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 House of Representatives, yeas 71, nays 15; and passed the Senate, vote not given.]
Approved February 20, 1899.
AGRICULTURAL AND MECHANICAL COLLEGE-EXPERT
H. B. No. 190.]
CHAPTER X. An Act authorizing and directing the president and board of directors of the
Agricultural and Mechanical College of Texas to employ an expert entomologist, whose duty it shall be to devise means, if possible, of destroying the “Mexican boll weevil," and other insect pests, and to perform the duties of professor of entomology in the Agricultural and Mechanical College of Texas, and appropri.. ating five thousand dollars for the purpose of carrying this act into effect. SECTION 1. Be it enacted by the Legislature of the State of Texas : That the president and board of directors of the Agricultural and Mechanical College of Texas are hereby authorized and directed to employ an expert entomologist, one or more, as may be deemed necessary, whose duty it shall be to devise, if possible, means of destroying the Mexican boll weevil, boll worm, caterpillar, sharp-shooter, chinch bug, peach bug, fly and worm and other insect pests, and to perform the duties of professor of entomology in the Agricultural and Mechanical College of Texas.
SEC. 2. The sum of five thousand dollars is hereby appropriated out of any money in the State treasury not otherwise appropriated he purpose of putting this act into effect.
Sec. 3. On account of the great destruction of the cotton and peach crop over large sections of the State, and the menace to, and certain destruction of, the entire cotton and peach crop of the State, unless the eril be promptly checked, an emergency and imperative necessity exists requiring the suspension of the constitutional rule requiring bills to be read on three several days, and the same is hereby suspended, and that this act take effect from and after the date of its passage, and said bill be placed upon its third reading and final 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 102, navs 8; and Senate amendments concurred in by a two-thirds vote, yeas 112, nays 0); and passed the Senate by a two-thirds vote, yeas 21, navs 0.]
Approved February 25, 1899.
Became a law February 25, 1899.
ENCINAL COUNTY ABOLISHED. S. B. No. 134.]
CHAPTER XI. An Act to be entitled an act to abolish the unorganized county of Encinal; to
establish the boundaries of Webb county so as to include the territory of said unorganized county; to provide for transfer of funds belonging to said county in the State treasury to the treasury of Webb county, and for the collection of
taxes due from non-residents. Be it enacted by the Legislature of the State of Texas:
SECTION 1. That the unorganized county of Encinal be and the same is hereby abolished.
Sec. 2. That for the purpose of incorporating the territory comprising said unorganized county in the county of Webb the boundary lines of Webb county be and they are established as follows: Beginning on the left margin of the Rio Grande river at a point called El Canon de San Andres, being the lower line of the ancient jurisdiction of the town of Laredo; thence following the lower line of Webb county, as now existing, to the southwest corner of the hitherto Encinal county; thence running in the direction of the mouth of the Almos creek to the southwest corner of Duval county; thence due north to the southeast corner of LaSalle county; thence due west to the southwest corner of LaSalle county; thence due north to the southeast corner of Dimmit county; thence west with the south line of Dimmit and Maverick counties to the Rio Grande, and down the same with its meanderings to the place of beginning.
Sec. 3. That immediately upon the taking effect of this act, the funds now in the State treasury to the credit of said unorganized county shall be paid over to the treasurer of Webb county upon his order.
Sec. 4. That all taxes due upon or assessed against the property of non-residents in said unorganized county, and which shall be unpaid at the time this act takes effect, shall be payable to and shall be collected by the tax collector of Webb county in the same manner as other taxes are collected in Webb county. A copy of the non-resident tax rolls of said unorganized county, certified to by the Comptroller, showing the amount of taxes unpaid by such non-residents at the time this act takes effect, shall be furnished by the Comptroller to the collector of taxes of Webh county, and the same shall be sufficient authority for the tax collector of Webb county to collect such taxes.
Sec. 5. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed.
SEC. 6. That the crowded condition of the calendar and the convenience of the people residing in said unorganized county and Webb county, creates an imperative public necessity and an emergency for the suspension of the constitutional rule requiring bills to be read on three several days, 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, veas 25, nays (); and passed the House of Representatives by a two-thirds vote, yeas 91, nays 0.]
[NOTE.—The foregoing act was presented to the Governor of Texas for his approval on the twenty-eighth day of February, A. D. 1899, 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.-D. H. HARDY, Secretary of State.]
Became effective March 12, 1899.
CONSTITUTIONAL AMENDMENTS-APPROPRIATION FOR
S. S. B. No. 22.]
CHAPTER XII. An Act making an appropriation to pay for publishing the constitutional amend
ments proposed y the Twenty-fifth Legislature. SECTION 1. Be it enacted by the Legislature of the State of Texas: That the sum of ten thousand dollars, or as much thereof as may be necessary, be and the same is hereby appropriated out of any money in the treasury not otherwise appropriated to pay for publishing the constitutional amendments voted on at a special election held on November 1, 1898, and at the last general election, and for publishing the Governor's proclamation calling the last general election.
SEC. 2. Whereas, the Secretary of State did have the constitutional amendments proposed by the Twenty-fifth Legislature published, as required by law, and there being no appropriation to pay for the same, and public policy requires the immediate payment to the parties entitled to receive the same; therefore, an emergency and an imperative public necessity exists that the constitutional rule requiring bills to be read on three several days in each house 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 23, nays 0); and passed the House of Representatives by a two-thirds vote, yeas 98, nays 1.]
Approved March 1, 1899.
H. B. No. 352.]
CHAPTER XIII. An Act to create a commission to frame and report a complete system of laws for
the assessment, collection and accounting of taxes and public revenues in the State; to provide the duties and compensation of said commission, the methods of its work, the period of its service and a submission of a report of its labors to the Legislature, and to make an appropriation to defray the expenses of same.
SECTION 1. Be it enacted by the Legislature of the State of Texas: That there shall be and is hereby created and established a commission to be known and called “The Tax Commission,” to be composed of the Governor, the Comptroller of Public Accounts, the State Revenue Agent and one other person, to be appointed by the Governor, who shall be a
competent expert in matters pertaining to taxation and revenue. The said commission shall exist and exercise the duties and functions herein provided no longer than may be necessary for the proper performance of such duties and functions, and in no event beyond the convening of the regular session of the Twenty-seventh Legislature.
SEC. 2. It shall be the duty of said commission, as soon as practicable, to thoroughly examine the entire system of laws and regulations now in force affecting the raising of public revenue, and the assessment and collection of taxes, State, county and municipal, and the method of accounting therefor, and of disbursing thereof by the various officials charged therewith, and to devise, frame and report to the Legislature a bill or bills designed and calculated to secure the following principal objects, towit:
First.—An exhaustive and equitable assessment of all taxes upon every species of property in this State, real, personal and mixed, tangible and intangible, and whether belonging to natural or artificial, to residents or non-residents, to the end that no character of property, assets, holdings or valuable interests shall escape the due, just and equal burdens of lawful taxation.
Second.—To provide for and enforce the prompt, effective and complete collection of all taxes imposed and assessed by the State and its subdivisions and municipalities.
Third-To secure and compel the correct, perfect and speedy accounting of all officials interested by law with the assessment and collection of taxes and the control and disbursement of the public revenues of every description.
SEC. 3. Subsidiary to the main objects hereinbefore named, said commission shall have authority to investigate all kindred topics of legislation and to recommend such measures as to them shall seem advisable, in the general direction of a more perfect and efficient system of taxation. For the purpose of carrying out the duties and powers herein defined, said commission shall have access to all the public offices of the State and of the several counties and municipalities, with the right to examine the books, accounts, reports and papers thereof, and to call for reports and statements from said officers, and shall have authority and power to summon and compel the attendance of witnesses, to administer oaths and to send for books and papers necessary to accomplish the purposes herein declared.
Provided, that each member of said commission shall have the authority to administer oaths to any witness and to take his answers in writing to any questions that such commissioner, or any member thereof, may propound to him concerning the subject there under investigation, and to report the same to said commission; provided further, that no witness shall be compelled to leave the county of his residence to attend upon said commission to give evidence as provided in this act until he shall have had an opportunity to make written answers to questions as herein provided, and for the purpose of such written answers any officer now authorized to administer oaths in this State may swear such witness to such answers.
In case any witness is taken from the county of his residence to appear before said commission he shall receive the same witness fees granted a witness in criminal cases.
SEC. 4. Said commission shall receive no compensation for their