Every licensed pharmacist or assistant pharmacist who desires to continue in the practice of his profession shall, within thirty days next preceding the expiration of his license or permit, file with the board an application for the renewal thereof, which application shall be accompanied by the fee hereinafter prescribed. If the board shall find that the applicant has been legally licensed in this State and is entitled to renewal of license, or to a renewal of such permit, it shall issue to him a certificate attesting the fact. If any pharmacist or assistant pharmacist shall fail, for a period of sixty days after the expiration of his license, to make application to the board for its renewal, his name shall be erased from the register of licensed pharmacist or assistant pharmacist, and such person, in order to become registered as a licensed pharmacist or assistant pharmacist, shall be required to pay the same fee as in the case of original registration. The name of the responsible manager of every pharmacy, drug store or apothecary shop, shall be conspicuously displayed outside of such place of business.

SEC. 7. The Governor shall on or before September 1st, after his inauguration, appoint five persons, licensed as pharmacists, who are actively engaged in the practice of pharmacy within this State at the time of their appointment, and shall have been so engaged for the past five years, or more, immediately preceding their appointment. The Texas State Pharmaceutical Association may recommend to the Governor, on or before August 1st, after his inauguration, a list of names of persons who are licensed pharmacists of this State, of twice the number to be appointed and the appointments may be made by the Governor from this list. The five persons so appointed shall constitute a board to be styled "The Texas Board of Pharmacy," who shall hold their office for two years, and until their successors shall have been appointed and qualified. Provided, however, that no person who is connected with any school or college of pharmacy in any way, shall be appointed as a member of the Texas State Board of Pharmacy. And any member of the board may be removed by the Governor for good cause shown him. Provided, further, that no two members of the board shall reside in the same county. In case of a vacancy from death or other cause, the Governor shall appoint a successor to fill out the unexpired term, with qualifications as above set forth.

SEC. 8. The persons so appointed and constituting the Texas State Board of Pharmacy shall, within thirty days after their appointment and annually thereafter, meet and organize by the election of a president, secretary and treasurer, who shall hold their office for the term of one year from the date of their election. The president and the treasurer shall be elected from the members of the board, and the secretary need not be a member of the board. The secretary shall receive such salary as may be prescribed by the Board of Pharmacy and his necessary expense while engaged in the performance of his official duties. The board may adopt such by-laws and regulations as they shall deem necessary to carry into execution the provisions of this act, but which shall not be inconsistent with this act. The treasurer and secretary shall give bond in such sum as the board may determine, which at no time shall be for less amount than the sum handled by them annually. The expense of making such bonds shall be paid by the

board. The secretary shall collect all money due the board from all sources, and shall pay the same over to the treasurer, within ten days after the taking his receipt therefor. The bonds of the treasurer and secretary of the board shall be payable to the Governor of the State of Texas, and shall be conditioned for the faithful performance of all duties imposed by law, or by order of the Board of Pharmacy. The board shall prescribe the pay of the members thereof, but at no time shall the amount exceed five dollars per day for each member, and this amount to be paid to them for such days during which they are actually engaged in the discharge of their official duties, and they are to receive such additional amounts as they may actually incur for expenses in the discharge of their duties for mileage, hotel bills, stamps and stationery; provided, no bill either for services of a member of such board or any expense of such member shall be paid until an itemized statement of such service and each item of expense has been made out and sworn to by such member of such board, before some officer authorized under the law to administer oaths, and such account shall have been filed with and approved by said board; provided that the State shall never be liable for the salary and expense of any members of this board.

SEC. 9. The persons so appointed and constituting the Texas State Board of Pharmacy before entering upon the duties of said office, shall take the oath prescribed by the Constitution of the State of Texas for State officers, and shall file the same in the office of the Secretary of State, who shall thereupon issue to each of said mambers a certificate of appointment.

SEC. 10. It shall be the duty of the board to examine all applications for registration of such persons as may be entitled to the same under the provisions of this act, and to make an annual report to the Governor, a copy of which shall be furnished to the Texas State Pharmaceutical Association, upon the condition of pharmacy in Texas, which report shall embrace all the proceedings of the board and give an itemized account of all money received and disbursed by said board, and said itemized account of money paid out by said board, shall show to whom paid and specifically for what purpose it was paid; and also the names of all pharmacists duly registered under this act. shall be the further duty of the board to deliver all money on hand at And it the end of the term of each board, after all outstanding debts have been paid over to their successors in office.

SEC. 11. The Texas State Board of Pharmacy shall hold meetings. for the examination of applicants for registration, and for the transaction of such other business as may legally come before it, at least once in four months, and such additional meetings as may be necessary provided, that said regular meetings shall be held on the third Tuesday of January, May and September of each year, in such cities or places as the said board may select, or such cities, or places as shall be deemed most convenient for applicants. Due notice of such meetings shall be given by publication in such papers as may be selected. by the board, thirty days in advance of said meetings, three members. shall constitute a quorum for the transaction of any and all business. The president and secretary shall have the power to administer oaths

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in all matters pertaining to the examination and registration of pharmacist and assistant pharmacist. The board shall keep a record of its proceedings and a register of all persons to whom certificates or license as pharmacist or assistant pharmacist and permits have been issued, and all renewals thereof, and the books and register of the board or a copy of any part thereof, certified by the secretary, shall be accepted as competent evidence in all the courts.

SEC. 12. Any member of the Board of Pharmacy may issue a temporary certificate upon satisfactory proof that the applicant is competent; said temporary certificate shall be null and void after the first meeting of the Board of Pharmacy, next after the granting said temporary certificate; provided that not more than one temporary certificate shall ever be granted to any one person.

SEC. 13. The Board of Pharmacy shall be entitled to charge and collect the following fees: For the examination of an applicant for license as a pharmacist, $5; for the examination of an applicant for license as an assistant pharmacist, $2.50; for renewing the license as a pharmacist, one dollar; for renewing the license as assistant pharmacist, one dollar; for issuing license to any proprietor or employee, to conduct a drug store in towns of not more than one thousand inhabitants, one dollar; all fees shall be paid before any applicant may be admitted to examination or his name placed upon the register of pharmacists, or assistant pharmacist, or before any license or permit or any renewal thereof may be issued by the board.

SEC. 14. Whoever not being licensed as a pharmacist shall conduct or manage any drug store or other place of business for the compounding, dispensing or sale at retail of any drugs, medicine or poisons, or for the compounding of physicians' prescriptions contrary to the provisions of Sections 1 and 2 of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less than twenty-five dollars nor more than one hundred dollars, and each week such drug store or pharmacy or other place of business is so unlawfully conducted shall be held to constitute a separate and distinct offense. Whoever not being licensed as a pharmacist or assistant pharmacist shall compound, dispense or sell at retail any drugs, medicine, poison or pharmaceutical preparation even upon a physician's prescription or otherwise, and whoever being the owner or manager of the drug store, pharmacy or other place of business, shall cause or permit any one not licensed as a pharmacist or assistant pharmacist to dispense, sell at retail or compound any drug, medicine, poison or physician's prescription contrary to the provisions of Sections 1 and 2 of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten dollars, nor more than one hundred dollars. Any license or permit or renewal thereof obtained through fraud, or by any false or fraudulent representations shall be void and of no effect in law. Any person who shall make any false or fraudulent representations for the purpose of procuring a license or permit. or renewal thereof, either for himself or for another, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty-five dollars nor more than one hundred dollars, and any person who shall wilfully make a false affidavit for the pur

pose of procuring a license or permit or renewal thereof, either for himself or for another, shall be deemed guilty of perjury, and upon conviction thereof, shall be subject to like penalties as in other casesof perjury. Whoever being the holder of any license or permit granted under this act, shall fail to expose such license or permit, or any renewal thereof, in a conspicuous position in the place of business to which such license or permit relates, or in which the holder thereof is employed, contrary to the provisions of Section 6 of this act, shall upon conviction thereof be fined not less than five dollars, nor more than twenty-five dollars, and each week that such license, permit or renewal shall not be exposed shall be held to constitute a separate and distinct offense, and whoever being the holder of any license or permit. granted under this act, shall, after the expiration of such license or permit, and without renewing the same, continue to carry on the business for which such license or permit was granted, contrary to the provisions of Section 6, of this act, shall upon conviction thereof, be fined not less than five dollars nor more than twenty-five dollars.

SEC. 15. That all laws and parts of laws in conflict herewith be and the same are hereby repealed.

[NOTE. The foregoing act was presented to the Governor of Texasfor his approval on the 5th day of April, 1907, 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.-L. T. DASHIELL, Secretary of State.]

Takes effect ninety days after adjournment.

APPROPRIATIONS FOR THE SUPPORT OF THE STATE GOVERNMENT FOR TWO YEARS ENDING AUGUST 31, 1909.

F. C. C. S. For S. B. No. 39.]

CHAPTER CLXXXVII.

An Act making appropriations for the support of the State government for twoyears, beginning September 1, 1907, and ending August 31, 1909, and for other purposes, and prescribing certain regulations and restrictions in respect thereto. and declaring an emergency.

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

SECTION 1. That the following sums of money, or so much thereof as may be necessary, be, and the same are hereby appropriated out of any money in the State Treasury not otherwise appropriated for the support of the State government from September 1, 1907, to Angust 31, 1909, and for other purposes;

Provided, That each and every employe of each and every institution or department of this State shall be paid by voucher issued in his or her name; said voucher shall state the amount of salary or sum due, and for what service performed, with the date and time of said

service, and no money or moneys shall be paid except upon presentation of said voucher or vouchers endorsed by the payee;

Provided, further. That all of said vouchers upon which any money or moneys have been paid shall be filed with the Comptroller for the inspection of the Governor and the Legislature or by their authority; and Provided further, That correct accounts shall be kept of all sums paid, or obligations outstanding against each item of appropriation herein and weekly statements of the net balances to the credit of each account, after all payments made and obligations outstanding have been deducted, shall be forwarded to the State Comptroller, and it shall be unlawful for the State Purchasing Agent or the authority in charge of any institution or department of this State to purchase or issue orders for any supplies or to otherwise pledge the credit of this State beyond the amounts herein appropriated or otherwise lawfully authorized.

Provided, that the amounts herein appropriated for each item as stated herein, and no more, shall be paid out of the general revenue for the Executive Department during the fiscal years beginning September 1, 1907, and ending August 31, 1909, and any surplus shall not be diverted from one account to another account; and provided further, that no deficiency shall be created, nor shall any warrants be issued, nor any obligations be incurred in excess of the amounts herein appropriated.