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Sec. 13. The county judge of Dallas County shall hereafter receive from the county treasury, in addition to the fees allowed him by law, such a salary, for the ex-officio duties of his office, as may be allowed him by the Commissioners Court, not less than Twelve Hundred Dollars per year.
SEC. 14. The fact that the business of the County Court of Dallas County is so large as to render it impossible for said court to dispose thereof, and that the congestion of business in said court seriously obstructs the administration of the laws in said county, and the near approach of the end of the session of the Legislature creates an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days be suspended, and it is so suspended, and this Act shall take effect and be in force from and after its passage, and it is so enacted.
Approved April 3, 1907.
ANATOMICAL BOARD-CREATING SAME AND DEFIN
ING ITS DUTIES.
An Act for the promotion of medical science by the distribution and use of unclaimed human bodies for scientific purposes through a board created for that purpose, and to prevent unauthorized uses and traffic in human bodies, and to legalize dissections and experiments by authorized persons, and declaring an emergency.
SECTION 1. Be it enacted by the Legislature of the State of Texas: That the professor of anatomy and the professor of surgery of each of the medical schools or colleges now incorporated, and the several medical and dental schools and colleges which may hereafter be incorporated in this State, shall be and are hereby constituted a board, to be known as the Anatomical Board of the State of Texas, for the distribution and delivery of dead human bodies, hereinafter described, to and among such institutions as, under the provisions of this act, are entitled theretc The professor in the medical department of the University of Texas at Galveston shall call a meeting of said board for organization at a time and place to be fixed by him within thirty days after the passage of this act. The said board shall have the power to establish rules and regulations for its government, and to appoint and remove proper officers, and shall keep full and complete minutes of its transactions, and records sufficient for identification shall also be kept under its direction, of all bodies received and distributed by said board and of persons to whom the same may be distributed, which minutes and records shall be open at all times to the inspection of each member of said board and of any district attorney or county attorney of this State.
Seo. 2. All public officers, agents and servants, and all officers, agents and servants of any county, city, town, district or other municipality, and of any and every almshouse, prison, morgue, hospital, or any other public institution, other than the State Orphans' Home, the Confederate Home, the State Blind Institute and the State Deaf and Dumb Institutes, Insane Asylum and Epileptic Colony, or any other home for the indigent or other Eleemosynary Institution maintained by the State, having charge of, or control of, dead human bodies required to be buried at public expense, are hereby required after notification in writing by said board of distribution or its duly authorize officers, or persons designated by the authorities of said board, then and thereafter to announce to said board, its authorized officer or agent, whenever such body or bodies come into his or their possession, charge or control, and shall without fee or reward greater than the value of such fee as may be paid in any county, city, town, or municipality at the time of the enactment of this law for the burial of pauper bodies, deliver such body or bodies, and permit and suffer the said board and its agents and the physicians and surgeons, from time to time designated by them, who may comply with the provisions of this act, to take and remove all such bodies as are not desired for post mortem examinations by the medical staff of public hospitals or institutions for the insane, to be used within this State for the advancement of medical science; but no such notice need be given, nor any such body be delivered if any person claiming to be and satisfying the authorities in charge of such body that he or she is of a kindred or is related by marriage to the deceased, or is a bona fide friend or representative of an organization of which the deceased was a member, shall claim the said body for burial, but it shall be surrendered without cost to such claimant for interment or shall upon such claimants request be interred in the manner provided for the interment of bodies not coming within the operation of this Act; nor shall notice be given for the body to be delivered if the deceased died of contagious disease, save tuberclosis, or syphilis; nor shall notice be given if such deceased person were a traveler who died suddenly, in which case the body shall be buried. It is further required that due effort be made by those in charge of such almshouse, prison, morgue, hospital or other public institution having charge or control of such dead human bodies, to find kindred or relatives of such deceased and notify him or her of the death, and failure to claim such body by kindred or relation within twenty-four hours after receipt of such notification shall be recognized as bringing such body under the provisions of this act, and delivery shall be made as soon thereafter to said board, its officers or agents as may be possible. Such person in charge of such public institution shall file with the county judge an affidavit that he has made diligent inquiry and stating such inquiry as he has made. In case a body is claimed by relatives within ten days after it has been delivered to an institution or person entitled to receive the same under the provisions of this act, it shall be delivered to them for burial and without cost.
SEC. 3. The said board, or their duly authorized agents, may take and receive such bodies so delivered as aforesaid, and shall, upon receiving them, distribute and deliver to and among the schools, colleges, physicians and surgeons aforesaid in the manner following: Those bodies needed for lecture and demonstration in the said incorporated schools and colleges, shall first be supplied; the remaining bodies shall then be distributed proportionately and equitably, the number assigned to each to be based upon the number of students receiving instruction or demonstration in normal or morbid anatomy and operative surgery, which number shall be certified by the dean of each school or college to the board at such times as it may direct. Instead of receiving and delivering said bodies themselves through their agent or servant, the said board may from time to time, either directly or by their designated officer or agent, authorize physicians and surgeons who shall receive them, and the number which each shall receive.
SEC. 4. The said board may employ public carriers for the conveyance of said bodies, which shall be carefully deposited, with the least possible public display. Sender shall keep on permanent file a description by name, color, sex, age, place and cause of death of each body transmitted by him; or where the body shall be one of a person unknown, the color, age, sex, place and supposed cause of death, and any other data available for identification, such as scars, deformities, etc., shall be put on record. A duplicate of this description shall be mailed or otherwise safely conveyed to the person or institution to whom the body is being sent, and the person or institution receiving such body shall, without delay, mail or otherwise safely convey to sender a receipt for the same in the full terms of the description furnished by sender. All these records shall be filed in a manner to be determined by the board so that they may be at any time available for inspection by the board or any district or county attorney of this State.
SEC. 5. Any and all schools, colleges, and persons who may be designated by said anatomical board of the State of Texas shall be, and are, by this act authorized to dissect, operate upon, examine and experiment upon such bodies herein before described and distributed for the furtherance of medical science; and such dissections, operations, examinations and experiments shall not be considered as amenable under any already existing laws for the prevention of mutilation of dead human bodies. Such persons, schools or colleges shall keep a permanent record, sufficient for identification of each body received from such anatomical board or agent, which record shall be subject to inspection by the board or its authorized officer or agent. The said anatomical board shall also have power to authorize incorporated schools or colleges and individual physicians and surgeons to experiment on the lower animals under bond as hereinafter designated.
SEC. 6. No school, college, physician or surgeon shall be allowed or permitted to receive any such body or bodies until bond shall have been given to the State by such physician or surgeon, or by or in behalf of such school or college, to be approved by the clerk of the county court in and for the county in which such physician or surgeon may reside, or in which such school or college may be situated, and to be filed in the office of said clerk, which bond shall be in the penal sum of one thousand dollars, conditioned that all such bodies which the said physician or surgeon or said college shall receive thereafter shall be used and all such experiments on the lower animals shall be conducted only for the promotion of medical science; and whosoever shall sell or buy such body or bodies, or in any way traffic in the same, or shall transmit or convey or cause or procure to be transmitted or conveyed, said bodies to any place outside the State, shall be guilty of a misdemeanor, and shall on conviction be liable to a fine not exceeding two hundred dollars for each offense or to be imprisoned for a term not exceeding two years in the county jail.
SEC. 7. Neither the State nor any county, nor municipality, nor any officer, agent or servant thereof, shall be at any expense by reason of the delivery or distribution of any such body, but all expense thereof, and of said board of distribution shall be paid by those receiving the bodies in such manner as may be specified by said Anatomical Board of the State of Texas, or otherwise agreed upon.
SEC. 8. That any person having duties imposed upon him by the provisions of this act who shall refuse, neglect or omit to perform said duties, or any of them, as hereby required, shall, on conviction thereof, be liable to a fine of not less than one hundred dollars nor more than five hundred dollars for each offense.
SEC. 9. No compensation other than actual traveling expenses shall be received for their services in this capacity by members of this board.
SEC. 10. That all acts and parts of acts inconsistent with this act be and the same are hereby repealed.
SEC. 11. The fact that the incorporated medical schools of this State are unable to secure subjects for anatomic dissection, and their efficiency is thereby impaired, creates an imperative public necessity and an emergency, and, therefore, the constitutional rule requiring all bills to be read on three several days is hereby suspended, and this act takes effect from and after its passage.
Approved April 3, 1907.
FEE OF OFFICE-REQUIRING REPORT THEREOF.
H. B. No. 81.]
CHAPTER LIV. An Act relating to the collection of costs and witness fees by county and pre
cinct officers of the State of Texas, defining the fees collected, requiring report of the same, prescribing the final disposition thereof, providing a penalty for the violation of this act and declaring an emergency.
SECTION 1. Be it enacted by the Legislature of the State of Texas : It shall be the duty of every county and precinct officer in the State of Texas who shall, in his official capacity, collect or receive any money or fees belonging to any witness, officer or other person to inform such person of the collection of such money or fees, and to promptly pay the same over on demand to the person entitled thereto, taking receipt therefor, which shall be entered or noted in the fee book of such officer.
SEC. 2. On or before the second Mondays in February, May, August and November of each year said officers shall make report in writing and under oath to the commissioners' court of their respective counties of all such moneys and fees so collected by them during the quarter last preceding and remaining in their hands uncalled for, giving the number and the style of each cause in which said moneys or fees accrued and the name of the person entitled thereto, which report shall be filed with the county clerk of said county, and the same shall be by him kept and preserved for future reference and examination.
SEC. 3. Every officer collecting or having the custody of any money or fees embraced within the provisions of this act at the expiration of four years from the time of collecting or receiving such money or fees, in all cases where the same have not been paid over to the person or persons entitled thereto, shall pay the same to the county treasurer of his respective county, accompanying the same by an itemized statement, as provided in Section number two hereof, which statement shall be filed and kept by said treasurer, and said money or fees shall be by him placed to the credit of the road and bridge fund of the county; and the treasurer shall issue to the said officer his receipt for said money or fees, itemizing the same as above provided, which receipt shall be filed by said officer with the county clerk of his respective county ; provided that any officer, upon retiring from office, having any money or fees in his hands embraced within the provisions of this act, and which are not due to be turned over to the county treasurer as herein provided, shall turn the same over to his successor in office, together with an itemized list of the same as hereinbefore provided, taking proper receipt therefor, and his successor shall report and pay over the same to the county treasurer in accordance with the provisions of this act.
SEC. 4. Any person violating any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than one hundred dollars nor more than five hundred dollars.
SEC. 5. The fact that there is now in this State no adequate law requiring officers to report and pay over money or fees collected by them belonging to other persons and remaining uncalled for in their hands creates an emergency and an imperative public necessity for the suspension of the constitutional rule requiring bills to be read upon three several days, that this bill 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 99, nays 0; and passed the Senate by a two-thirds vote, yeas 21, nays 0.]
Approved April 3, 1907.
HIDE AND ANIMAL INSPECTOR--AUTHORIZING APPOINT
MENT OF, FOR HALE COUNTY.
S. B. No. 191.]
CHAPTER LV. An Act to restore Hale county and place it under the operation of Articles 5002
to 5043, Revised Statutes, providing for the inspection of hides and animals, and to provide for the appointment of an inspector of hides and animals, and
declaring an emergency. Be it enacted by the Legislature of the State of Texas:
SECTION 1. That Hale county be, and the same is hereby taken from the number of counties exempt from the operation of Chapter 6, Article 5002 to 5043, Revised Statutes of the State of Texas, regulating the inspection of hides and animals, and that said Hale county be from and after the passage of this Act, placed under the operation of said law.