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DEPOSITORIES-PROVIDING SAME FOR STATE, COUNTY
AND CITY FUNDS.
An Act to amend Section 34 of Chapter 164 of the Acts of the Regular Session
of the Twenty-ninth Legislature, relating to State and county finances and to the finances of cities incorporated under the general or special laws of this State, providing for designation of depositories for State, county and city funds, and declaring, an emergency.
SECTION 1. Be it enacted by the Legislature of the State of Texas: That Section 34 of Chapter 164 of the Acts of the Regular Session of the Twenty-ninth Legislature of the State of Texas, be so amended as to hereafter read as follows:
Sec. 34. The city council of every city in the State of Texas incorporated under the General laws thereof or incorporated under special charter, at its first regular meeting after this Act shall take effect, and at its regular meeting in July of each year thereafter, is authorized to receive sealed proposals for the custody of the city funds from any banking corporation, association or individual banker doing business within the city that may desire to be selected as the depository of the funds of the city. The school funds, from whatsoever source derived, of incorporated cities is part of the city funds and is subject to the provisions of this Act. Notice that such bids will be received shall be published by the city secretary not less than one nor more than four weeks before such meeting, in some newspaper published in the city. Any banking corporation, association or individual banker doing business in the city desiring to bid, shall deliver to the city secretary on or before the day of such meeting designated by said published notice, a sealed proposal stating the rate per cent upon daily balances that said banking corporation, association or individual banker offers to pay to the city for the privilege of being made the depository of the funds of the city for the year next following the date of such meeting; or in the event that said election shall be made for a less term than one year, as hereinafter provided, then for the time between the date of bid and the next regular time for the selection of a depository as aforesaid. All such proposals shall be securely kept by the secretary, and shall not be opened until the meeting of the council for the purpose of passing upon same; nor shall any other proposals be received after they shall have been opened. It shall be a misdemeanor for the City Secretary or other person to open any of said proposals or to disclose directly or indirectly the amount of any such bid to any person or persons before the selection of such depository, and upon conviction he shall be fined in a sum of not less than ten nor more than one hundred dollars.
Sec. 2. Whereas there is now no law authorizing cities incorporated under special charters to deposit the cities' funds or school funds, and whereas the crowded condition of the calendar renders it improbable that this bill can be reached and read on three several days, therefore, an emergency and a public necessity exists that the constitutional rule requiring bills to be read on three several days be suspended, and that this Act shall take effect and be in force from and after its passage, and it is so enacted.
Approved April 5, 1907.
ABANDONMENT OF WIFE OR CHILDREN_MAKING SAME A
H. B. No. 77.]
An Act making it a misdemeano: to abandon or wilfully neglect to provide for
the support and maintenance by any person, of his wife, his or her minor children in destitute or necessitous circumstances, and to provide penalties for the violation of this act.
SECTION 1. Be it enacted by the Legislature of the State of Texas : That every person who shall, without good cause, abandon his wife and neglect and refuse to maintain and provide for her, or any person who shall abandon his or her minor child or children, under the age of twelve years, in destitute or necessitous circumstances and wilfully neglect or refuse to maintain or provide for such child or children, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail, not less than one year, nor more than two years or by both such fine and imprisonment; and should a fine be imposed it shall be paid into court for the benefit of the wife, or to the guardian or custodian of the minor child or children; provided, that before the trial (with the consent of the defendant), or after conviction, instead of imposing the punishment herein before provided, or in addition thereto the court in its discretion, having regarded the circumstances and financial ability of the defendant, shall have the power to pass an order which shall be subject to change by it from time to time as the circumstances may require, directing the defendant to pay a certain sum weekly to the wife, guardian or custodian of the minor child or children, and to release the defendant from custody, on probation, during the time of the imprisonment upon his entering into a recognizance, with two good and sufficient sureties in double the amount of the fine imposed, payable to the County Judge. The conditions of the recognizance shall be such that if the defendant shall make his personal appearance in court whenever ordered to do so by the Court during the suspension of imprisonment or probation, and shall further comply with the terms of the order, then the recognizance shall be void, otherwise in full force and effect. If the court be satisfied by information and due proof, under oath, that at any time during the suspension of imprisonment or probation that the defendant has violated the terms of such order, the Court may forthwith proceed with the trial of the defendant under the original indictment, or sentence him under the original conviction, as the case may be. In case of forfeiture of recognizance and enforcement thereof by execution, the sum recovered shall be paid to the wife, guardian or custodian of the minor child or children.
SEC. 2. No other evidence shall be required to prove marriage of
such husband and wife, or that such person is the lawful father or mother of such child or children, than is or shall be required to prove said facts in a civil action, and such wife shall be a competent witness to testify in any case brought under this Act and to any and all matters relevant thereto, including the fact of such marriage, and the parentage of such child or children. Provided, that certificates of baptism reciting the names of the parents of such child or children shall be prima facie evidence of such marriage and of the parentage of such child or children.
SEC. 3. The fact that there is now no law punishing a wilful abandonment of minor children creates an emergency and an imperative public necessity, and an emergency which authorizes the suspension of the constitutional rule requiring bills to be read on three several days in each house, and it is so enacted that such rule be and the same is hereby suspended and this Act shall take effect from and after its passage.
Approved April 5, 1907.
FISH AND GAME-PROTECTION OF SAME.
H. B. No. 454.]
CHAPTER LXIII. An Act to protect game and fish in the county of Montgomery in the State of
Texas; to prescribe penalties for a violation of said act, and to declare an emergency.
SECTION 1. Be it enacted by the Legislature of the State of Texas: It shall be unlawful for any person in the county of Montgomery in the State of Texas, at any time during the year, to take, catch, ensnare or entrap any fish by means of nets, traps, poison or dynamite or in any other manner than with the ordinary hook and line, or trot line, in any of the fresh waters, lakes or streams of this State in said county, and any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty-five dollars ($25.00) and not more than one hundred dollars ($100.00).
SEC. 2. It shall be unlawful for any person to sell or offer for sale, or ship for sale in the said county of Montgomery, any fresh water fish or squirrels, and any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00).
SEC. 3. The rapid destruction of fresh water fish and squirrels in the said county of Montgomery, creates an emergency and an imperative public necessity exists, that the constitutional rule requiring bills to be read in each house of the Legislature 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 House of Representatives by a two-thirds vote, yeas 94, nays 0; and passed the Senate by a two-thirds vote, yeas 22, nays 0.]
Approved April 5, 1907.
DEPENDENT AND NEGLECTED CHILDREN-DEFINING
H. B. No. 205.]
CHAPTER LXIV. An Act to define dependent and neglected children, and to regulate the treatment
SECTION 1. Be it enacted by the Legislature of the State of Texas: For the purposes of this act the words “dependent child” or “neglected child” shall mean any child under sixteen years of age who is dependent upon the public for support, or who is destitute, homeless or abandoned ; or who has not proper parental care or guardianship; or who habitually begs or receives alms; or who is found living in any house of ill-fame or with any vicious or disreputable person; or whose home, by reason of neglect, cruelty or depravity on the part of its parents, guardian or other person in whose care it may be, is an unfit place for such child. Any child within the provisions of this act whose parents or guardian permits it to use except for medicinal purposes or to become addicted to the use of intoxicating liquors, or whose parents or guardian rears, keeps or permits it in or about any saloon or place where intoxicating liquors are sold, or any gambling house or house of ill-fame, shall be deemed to be without proper parental care or guardianship.
SEC. 2. The county and District courts of the various counties of this State shall have original jurisdiction in all cases coming within the terms of this act, and shall at all times be deemed in session for the disposition of same, and when so sitting it may be known as the "Juvenile Court.” In all trials under this act any person interested therein may demand a jury as in other cases, or the judge of the court of his own motion may order a jury to try such cases. Unless such jury is demanded it shall be deemed to be waived. Any person interested in any case under this act shall have the right to appear therein and be represented by counsel.
SEC. 3. Any person who is a resident of the county having knowledge of a child in his county who appears to be a “dependent” or “neglected” child may file with the clerk of the county or district court of his county a petition in writing setting forth the facts constituting the child "dependent” or “neglected,” which petition shall be verified by the affidavit of the petitioner. It shall be sufficient if the affidavit shall be upon information and belief. Such petition shall set forth the name of the parent or parents of such child, if known, and their residence, and if such child has no parent living, then the name and residence of the guardian of such child, if it has one.
SEC. 4. Upon the filing of such petition the judge of said court shall fix the day and time for the hearing of such petition. If it shall appear that one or both of said parents, or guardian, if there be no parents, reside in said county, the clerk of said court shall immediately issue citation, which citation shall include a copy of the petition, which shall be served on such parent, parents or guardian, if any, if either can be found in said county, not less than two days before the time fixed for said hearing, requiring them to appear on said day and hour to show cause, if any, why such child should not be declared by said court to be a "dependent” and “neglected” child; and such citation shall be served by the sheriff or any constable of the county. In case it shall appear from the petition that neither of said parents are living, or do not reside in said county, and that said child has no guardian residing in said county, or in case one or both of said parents, or the guardian in case there be no parents, shall indorse on said petition a request that the child be declared a "dependent child" then the citation herein provided for shall not be issued, and the court may thereupon proceed to a hearing of the case. In case neither of the parents or guardian is found, then the court shall appoint some suitable person to represent said child in said cause. In case any child is adjudged to be dependent or neglected under this act, then such parents or guardian shall hereafter have no right over or to the custody, services or earnings of said child except upon such conditions in the interest of such child as the court may impose, or where, upon proper proceedings, such child may lawfully be restored to the parents or guardian.
SEC. 5. Upon such hearing of such case the child shall be brought before said court, whereupon it shall be the duty of said court to investigate the facts and to ascertain whether the child is a “dependent child,” its residence, and as far as possible the whereabouts of its parents or near adult relatives; when and how long the child has been maintained in whole or in part by private or public charity; the occupation of the parents, if living; whether they are supported by the public or have abandoned the child; and to ascertain, as far as possible, if the child is found dependent, the cause thereof. The court may compel the attendance of witnesses on such examination; and it shall be the duty of the clerk to issue all process and the sheriff and other officers of the court to serve the same as in other cases. It shall be the duty of the county attorney, when requested by the court, to appear in any such examination in behalf of the petition. It shall be the duty of the county attorney of such county, upon the request of the court or any petitioner, to file a petition and to conduct any necessary proceedings in any case within the provisions of this act.
SEC. 6. Upon the hearing of such case, if the said child shall be found to come within any of the provinces of Section 1 of this act it shall be adjudged a "dependent child," and an order may be entered making disposition of said child as to the court seems best for its moral and physical welfare. It may be turned over to the care and custody of any suitable person or any suitable institution in the county or State organized for the purpose of caring for “dependent children" and which is able and willing to care for same. And when such child is so turned over to the custody of such person or institution, such person or institution shall have the right to the custody of said child and shall be at all times responsible for its education and maintenance, subject at all times to the orders of the court.