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city schools employ a teacher of any special branch not included in the requirements for a State certificate, without requiring an examination or a teacher's certificate; and nothing in this Chapter shall prevent the board of trustees of any city or town from recognizing the certificates issued in any other such city or town in this State, and validating the same in the city or town so recognizing them; provided nothing in this Act shall be held to repeal or interfere with any law now in force in this State regulating the granting and extension of teachers' certificates issued or to be issued by county boards of examiners or the State Board of Education on certifications and examination papers sent up to said State Board of Education by such county board of examiners.

SEC. 2. Owing to the shortage of teachers and the increasing demand that our colleges and universities of "the first class" be recognized to issue temporary and permanent certificates, and that city examining boards be permitted to issue second grade, first grade, and high school certificates, creates 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 hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted. Approved May 6, 1909.

Takes effect ninety days after adjournment.

INTERURBAN RAILWAYS-AUTHORIZING INCORPORATION OF GAS OR GASOLINE, DENATURED ALCOHOL OR NAPHTHA RAILWAYS.

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An Act to amend Article 642 of the Revised Civil Statutes of Texas, 1895, as amended by Chapter 130, Acts of the Twenty-fifth Legislature, Chapter 43, Acts of the Twenty-sixth Legislature, Chapter 43, Acts of the Twenty-seventh Legislature, and Chapter 129 of the Twenty-eighth Legislature, Chapter 62, Acts of the Twenty-ninth Legislature, Chapter 150, Acts of the Thirtieth Legislature, by amending subdivision 61 thereof, and authorizing the forma tion of corporations for the construction and operation of interurban electric, gas or gasoline, denatured alcohol, or naphtha motor railways, and declaring an emergency.

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

SECTION 1. That Article 642 of the Revised Civil Statutes of the State of Texas as amended in Chapter 130, Acts of the Twenty-fifth Legislature, Chapter 43, Acts of the Twenty-sixth Legislature, and Chapter 43, Acts of the Twenty-seventh Legislature, and Chapter 129, Acts of the Twenty-eighth Legislature, Chapter 62, Acts of the Twenty-ninth Legislature, Chapter 150, Acts of the Thirtieth Legislature, be amended by the addition of subdivision 61 amended to read as follows:

61. The construction, acquiring, maintaining and operating lines of electric, gas or gasoline, denatured alcohol, or naphtha motor railways within and between any cities or towns in this State for the transportation of freight or passengers, and may also construct, own and operate union depots, but no electric, gas or gasoline, denatured alcohol or

naphtha railways incorporated under this subdivision shall ever be exempt from the payment of assessments that may be legally levied or assessed against it for street improvements. Corporations created under this subdivision shall be and are authorized to exercise the right of eminent domain for the purpose of acquiring right of way upon which to construct their railway lines and sites for depots and power plants, upon the same conditions and in the same manner as railroad corporations are now required to do under the laws of this State, and shall have the same powers, rights and privileges as are now granted to interurban electric railway companies by Chapter 15, Acts of the Thirtieth Legislature, and all the powers of whatsoever kind or character conferred by said Act; provided, no property upon which is located a cemetery shall ever be condemned unless it shall affirmatively be shown and so found by the court trying in such condemnation suits that it is necessary to take such property, and no other route is possible or practicable; and provided, that the electric, gas or gasoline, denatured alcohol, or naphtha railways incorporated under provisions of this Act which shall engage in transporting freight shall be subject to the control of the Railroad Commission.

SEC. 2. The crowded condition of the calendar and there being no law now authorizing the incorporation of gas or gasoline, denatured alcohol or naphtha railways, creates an emergency and an imperative public necessity for the suspension of the Constitutional rule requiring bills to be read on three several days, and the said rule is therefore suspended and this Act shall take effect 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 26, nays 0; and passed the House by a two-third vote, yeas 95, nays 0.]

Approved May 6, 1909.

Became a law May 6, 1909.

NON-INTOXICATING MALT LIQUORS-RELATING TO

H. B. No. 71]

SALE OF.
CHAPTER 9.

An Act to amend Section 2 of House bill No. 68, passed at the Regular Session of the Thirty-first Legislature, entitled "An Act to levy an occupation tax on all retail dealers in non-intoxicating malt liquors, and providing for the isuance of license and fixing penalties for the violation of this Act and providing for injunction to prevent its violation, and declaring an emergency," approved February 24, 1909, so that said Section 2 of said Act shall fix the place of business of retail dealers in non-intoxicating malt liquors and providing for the issuance of license, fixing penalties, and declaring an emergency.

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

SECTION 1. That Section 2 of an Act passed by the Regular Session of the Thirty-first Legislature, entitled, "An Act to levy an occupation tax on all retail dealers in non-intoxicating malt liquors, and providing for the issuance of license, and fixing penalties for the violation of this

Act, and providing for injunction to prevent its violation, and declaring an emergency," be and the same is hereby amended so as to hereafter read as follows:

Section 2. Each person and each firm and each corporation and each association of persons desiring to engage in the business mentioned in the preceding Section of this Act, before engaging in same, shall file with the county clerk of the county in which the business is proposed to be pursued, an application in writing for a license to engage therein and shall state the place or house in which said business is to be pursued, and if within the corporate limits of any incorporated city or town, that fact shall be so stated and any such person or firm or corporation or association of persons shall pay to the tax collector of the county the entire amount of annual tax levied by the State and the entire amount of the annual tax upon such business as may be levied by the commissioners court of said county, and if the business is to be pursued in an incorporated city or town, shall pay to the collector of taxes of such city or town the tax that may be levied on such business by said city or town, and all such taxes shall be paid in advance and no license shall be issued by the county clerk until the person or firm or corporation or association of persons applying therefor shall exhibit receipts showing the payment of all taxes levied and authorized by this Act and the county clerk shall be entitled to charge a fee of twenty-five cents for the issuance of such license, and it shall be unlawful to carry on business under said license in more than one place at the same time, or in any place other than that named in said application for said license unless the party carrying on said business shall first file with the county clerk of the county in which said business is carried on a written statement showing such change of place of business.

SEC. 2. The crowded condition of the calendars of both Houses and the importance of this measure to the people of the State, create an emergency and an imperative public necessity demanding the suspension of the Constitutional rule requiring bills to be read on three several days, 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 by a two-thirds vote, yeas 97, nays 0; and passed the Senate by a two-thirds vote, yeas 28, nays 0.]

Approved May 10, 1909.

Became a law May 10, 1909.

RAILROAD COMMISSION-RELATING TO UNION PASSENGER DEPOTS.

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An Act to confer authority upon the Railroad Commission of Texas to require railroad companies reaching the same city or town in this State to construct and maintain joint or union passenger depots; providing penalties; and declaring an emergency.

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

SECTION 1. Where two or more railroad companies reach the same city or town in this State, it shall be the duty of the Railroad Commission of Texas to ascertain whether it is practicable and feasible for such railroad companies to use a joint or union passenger depot, and if the Railroad Commission finds upon investigation that it is practicable for such railroad companies to join in the construction and use of a passenger depot, then it shall give notice to said railroad companies, and, after investigation and public hearing, may require the construction and maintenanc of such union passenger depot by the railroad companies entering any such city or town; provided that it shall appear to the Railroad Commission that the construction and maintenance of such joint or union passenger depot are just and reasonable to the railroad companies involved and demanded by the public interest. The Railroad Commission may specify the requirements of such union depot as to kind and character; and said Railroad Commission may apportion the cost of constructing and maintaining the same to each railroad company in cases where the interested railroad companies can not themselves agree.

SEC. 2. Failure upon the part of any railroad company to observe and obey the orders of the Railroad Commission, issued in compliance with Section 1 of this Act, shall subject such railroad company to the fines and penalties prescribed by law for failure to obey the lawful requirements, orders, judgments and decrees made by the Railroad Commission of Texas.

SEC. 3. The fact that there is now no adequate law requiring two or more railroad companies entering the same city or town to construct and maintain union passenger depots, creates an emergency and an imperative public necessity requiring that this Act be passed under the suspension of the Constitutional rule requiring bills to be read on three several days, and the rule is therefore suspended and this Act shall take effect and be in force from and after its passage, and it is so enacted. Approved May 10, 1909.

Takes effect ninety days after adjournment.

TAXES PERMITTING REDEMPTION OF LANDS OR LOTS SOLD FOR TAXES.

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An Act to amend Section 1, Chapter 132 of the Acts of the Twenty-ninth Legislature, as amended by Chapter 145, Acts of the Thirtieth Legislature, so as to permit the owner of land or lots sold to the State or to any city or town for taxes to redeem the same, with an emergency.

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

SECTION 1. That Section 1, Chapter 132 of the Acts of the Regular Session of the Twenty-ninth Legislature, as amended by Chapter 145, Acts of the Thirtieth Legislature, be amended so that it shall hereafter read as follows:

Section 1. That the owner or any one having an interest in lands or lots heretofore sold to the State or any city or town under decree of court in any suit or suits brought for the collection of the taxes thereon or by a collector of taxes or otherwise, shall have the right within two years from the time this Act goes into effect to redeem the same upon the payment of the amount of taxes for which sale was made, together with all costs, penalties and interest now required by law, and also the payment of all taxes, interest, penalties and costs on or against said lands or lots at the time of said redemption. And where lands or lots shall hereafter be sold to the State or to any city or town for taxes under decree of court in any suit or suits brought for collection of taxes thereon, or by a collector of taxes or otherwise, the owner having an interest in such lands or lots shall have the right to redeem the same within two years after such sale upon payment of the amount of taxes for which sale was made, together with all costs, penalties and interest now required by law; and also the payment of all the taxes, interest, penalties, cost on or against said land or lots at the time of redemption.

SEC. 2. The fact that the law now requires double the amount of taxes on redemption, thereby depriving the State of quite a large sum of tax money, creates an emergency and imperative public necessity exists that the Constitutional rule requiring bills to be read on three several days be suspended and the same is hereby suspended, and this Act shall take effect and be in force from and after its passage, and it is so enacted.

Approved May 10, 1909.

Takes effect ninety days after adjournment.

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