Orange, Panola, Polk, Rockwall, Red River, San Augustine, Sabine, Stephens, Shackelford, San Jacinto, Somerville, Shelby, Throckmorton, Trinity, Tyler, Titus, Upshur, Webb, Walker, Wharton, Wood and Young; provided, that Colorado county shall be exempt from the provisions of this section except in so far as thev apply to the waters of Eagle Lake, which shall remain under the provisions of this act; provided, that Gregg, Harrisor and Rusk counties shall be exempt from the provisions of this section as to the waters of Sabine river, but no further, except that portion of Harrison county lying north of the Texas & Pacific railway from the State line to Marshall, and that portion of said county east of the Texas & Pacific railway from Marshall to the Marion county line; provided, that in the county of McLennan it shall not be unlawful for any person or persons to take or catch fish by means of net or seine from any streams in said county from May 15 to October 1 of each year; provided, that Clay county shall be exempt from the provisions of this section along the waters of Wichita and Red rivers; also Jack county along the waters of the Trinity river; provided, that the counties of Austin and Washington shall be exempt from the provisions of this section along the waters of the Brazos river: provided, further, that in the county of Falls it shall not be unlawful for any person or persons to take or catch fish by means of net or seine from any stream in said county from June 15 to September 1 of each year.

SEC. 3. Any person who shall take, catch, ensnare or entrap any fish by means of nets or seines or by muddying, ditching or drawing in any lake, pool or pond in any county within this State without the consent of the owner of such lake, pool or pond, shall be subject to the penalty hereinbefore prescribed in Section 2 of this act, and in all prosecutions under this act the burden of proof of such consent of the owner shall devolve and be upon the defendant.

SEC. 4. The crowded condition of the calendar, and the fact that there is no adequate law to prevent the destruction of fish 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.

Approved April 6, 1907.

Takes effect ninety days after adjournment.

LOBBYING-DEFINING AND PROHIBITING SAME.

H. B. No. 22.]

CHAPTER LXXIX.

An Act to define and punish lobbying.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That if any person having any direct interest, or the president or any other officer of any corporation having any direct interest in any measure pending before, or thereafter to be introduced in either branch of the Legislature of this State, shall at any place in this State, in any manner, privately, attempt to influence the action of any member of the

Legislature of this State during his term of office concerning such measure, except by appealing to his reason, he shall be deemed guilty of lobbying.

SEC. 2. That if any paid or employed agent, representative or attorney of any person, association or corporation, shall at any place in this. State, after the election and during the term of office of any member of the Legislature of this State, privately solicit the vote, or privately endeavor to exercise any influence, or offer anything of value or any other inducements whatever, to any such member of the Legislature, to influence his action concerning any measure then pending or thereafter to be introduced in either branch of the Legislature of this State, he shall be deemed guilty of lobbying.

SEC. 3. The provisions of this Act shall not be held to apply to the Governor or a member of the Legislature of this State, nor to prohibit any person either in person, or by his agent or attorney, or any corporation by representatives, agents or attorneys from exercising the right of petition to the Legislature, or from collecting facts, preparing petitions, procuring evidence and submitting the same, together with arguments, to either branch of the Legislature, when in session, or to any committee thereof, in the interest of any measure in which he or it may be interested; but in such case the agency and the interest, in the measure, or the person so appearing, shall be fully disclosed.

SEC. 4. That lobbying, as hereinbefore defined, shall be unlawful, and the same is hereby prohibited; and any person who shall be convicted of lobbying, shall upon such conviction be punished by fine of not less than two hundred dollars nor more than two thousand dollars, and in addition may, at the discretion of the jury, be imprisoned in the penitentiary for a term not less than six months nor more than two years; and any violation of this Act may be prosecuted in the county where the offense is committed, or in Travis County.

SEC. 5. To prevent lobbying and to promote the orderly dispatch of business it is hereby made unlawful for any person employed in any manner to represent the interest in legislation of any person, association or corporation to go upon the floor of either House of the Legis-. lature, reserved for members thereof, while in session, except upon invitation of such House; and any person violating the provisions of this Section of this Act shall be punished by a fine not to exceed one hundred dollars.

SEC. 6. The fact that there is no law in this State defining or punishing lobbying in this State, creates an emergency, and a public necessity exists requiring that this Act take effect and be in force from and after its passage, and it is so enacted.

Approved April 6, 1907.

Takes effect ninety days after adjournment.

HOTELS-PROVIDING FOR FIRE ESCAPES.

H. B. No. 186.]

CHAPTER LXXX.

An Act to require persons owning, keeping, maintaining, controlling, or managing hotels, inns, public lodging houses or places where sleeping accommodations are furnished to the public to construct, equip, and maintain, in good order and repair fire escapes on such hotels, inns, and lodging houses; specifying kind of fire escapes, for frame, brick or other buildings; providing for placards or signs to be placed in such buildings to indicate location of fire escapes; and providing for the construction, equipment and maintenance of such fire escapes where the owners of such buildings refuse or fail to construct same, and providing penalties for violation of the provisions hereof and prescriving date of effectiveness of this act.

SECTION 1. Be it enacted by the Legislature of the State of Texas: Every building or structure kept, used or maintained as, or advertised as, or held out to the public to be an inn, hotel or public lodging house or place where sleeping accommodations are furnished to the public, whether with or without meals, shall have and be provided with, at each and every floor above the second floor, or at every floor twenty feet or more above the ground, two or more iron or steel fire escapes to be attached securely on the outside of the walls of such building or structures, and such buildings or structures shall have and be provided with a way of egress to said fire escapes, which way of egress and fire escapes shall, at all times be kept free and clear of obstructions and in good repair and ready and suitable for immediate use.

SEC. 2. Said fire escapes shall consist of iron or steel ladders reaching from the roof of the building to within twelve feet of the ground, and the rungs of said ladders must be at least six inches from the wall, so that a secure foothold and handhold on same may be had, and the ladders must be securely bolted to and through the wall, and must be capable of sustaining a weight of fifteen hundred pounds avoirdupois, and that each floor above the ground floor, with proper open connections and exit to these ladders, shall be iron or steel balconies or landings, with strongly braced iron or steel hand railings, capable of sustaining a weight of fifteen hundred pounds avoirdupois. Sand landings or balconies and the hand railings thereof shall be securely bolted to and through the walls, and, in case of wooden buildings said ladders, landings or balconies and hand railings shall be securely bolted to and through or clamped with iron or steel clamps to and around the upright studding or frame proper of the building.

SEC. 3. All fire escapes shall be located as far as possible, consistent with accessibility from stairways, elevator hatchways and other openings in the floors and shall be located on two or more sides of the building and as far apart as is consistent with the construction and location of the building.

SEC. 4. Placards or signs indicating plainly the way to fire escapes. shall be placed and kept continuously in conspicuous places in the offices, hallways and in every bedroom of such building.

SEC. 5. Every building or structure not more than two stories high from the ground, and where the second floor is less than twenty feet above the ground, kept, used or maintained as, or advertised as, or held out to the public to be, an inn, hotel or public lodging house or place

where sleeping accommodations are furnished to the public, whether with or without meals, shall have and be provided with, in every bedroom on the floor above the ground floor, a Manilla or hemp rope of at least five-eighths of an inch thickness, firmly knotted at least at every fifteen inches of its length, and long enough to reach within four feet of the ground, and to be securely fastened within the room not less than three feet above the base or sill of the window or opening, and so with strength of rope and fastening be capable of sustaining a weight of not less than five hundred pounds avoirdupois.

SEC. 6. Any person or persons owning, keeping or maintaining, controlling or managing any building or structure kept as, used as, maintained as, or advertised as, or held out to the public to be, an inn, hotel, public lodging house or place where sleeping accommodations are furnished to the public, whether with or without meals, in violation of the provisions of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less than twenty-five nor more than two hundred dollars, and each and every day any person owning, keeping, maintaining, controlling or managing any building or structure kept as, maintained as, or advertised as, or held out to the public to be, an inn, hotel, public lodging house or place where sleeping accommodations are furnished to the public, whether with or without meals, in violation of the provisions of this act, shall constitute a separate offense.

SEC. 7. The tenant or sub-tenant, lessee or sub-lessee of any building coming within the provisions and requirements of this act may, when the owner or his agent fails to comply with the provisions of this act, contract for and have constructed and erected said fire escapes in accordance with the requirements of this act, and mav deduct the cost of same from the amount due or the amounts that may become due such landlord or lessor on account of the rent or lease of such building. SEC. 8. This act shall become and be effective September 1, 1907. SEC. 9. All laws and parts of laws in conflict with the provisions of this act are hereby repealed, and it is so enacted.

SEC. 10. The fact that there is no adequate law upon this subject and the near approach of the end of the session, create 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 shall take effect and be in force from and after its passage, and it is so enacted.

Approved April 6, 1907.

Takes effect September 1, 1907.

INTOXICATING LIQUORS-REGULATING THE SALE.

H. B. No. 87.]

CHAPTER LXXXI.

An Act declaring that persons, firms and corporations who sell intoxicating liquor without first procuring license and paying all taxes due, and who engage in selling, dispensing, taking orders for, prescribing the use of, or peddling intoxicating liquor contrary to the provisions of this act in counties and precincts wherein the sale of intoxicating liquor has been prohibited by law, to be creators and promoters of a public nuisance; providing that such persons may be restrained by writs of injunction, and in certain cases that license may be revoked; that this act shall be cumulative, prescribing methods of procuring testimony, and declaring an emergency.

SECTION 1. Be it enacted by the Legislature of the State of Texas: Any person, firm or corporation in this State who may engage in, pursue, carry on or maintain any of the following described occupations or callings under the circumstances and conditions herein described are hereby declared to be the creators and promoters of a public nuisance, and may be enjoined at the suit either of the county or district attorney in behalf of the State, or of any private citizen thereof.

1. Any person, firm or corporation who may engage in or pursue the business of selling intoxicating liquor without having first procured the necessary license and paid the taxes required by law.

2. Any person, firm or corporation who may as owner, proprietor or agent, establish, manage or conduct any public place or business where intoxicating liquors are stored, kept, drank, sold or dispensed within any county or precinct within this State wherein the sale of intoxicating liquor has been prohibited by law.

3. Any person, firm or corporation who may, under the pretense of selling or dispensing intoxicating liquor on prescription, in any county or precinct in this State wherein the sale of intoxicating liquor has been prohibited by law, and who in thus selling or dispensing such intoxicating liquor violates the law; provided, if on final hearing such injunction is sustained the license of such person shall be revoked, and he shall not thereafter be permitted to again pursue such business for a period of one year.

4. Any person who, as a physician, follows the business of writing and issuing prescriptions to persons contrary to law, prescribing the use of intoxicating liquors to such persons, in any county or precinct in this State wherein the sale of intoxicating liquor has been prohibited by law.

5. Any person who shall engage in the business of peddling or "boot-legging" intoxicating liquor in any county or precinct in this State wherein the sale of intoxicating liquor has been prohibited by

law.

6. Any person who canvasses or solicits orders for the sale of intoxicating liquor from persons other than those engaged in the lawful sale of the same in any county or precinct in this State wherein the sale of intoxicating liquor has been prohibited by law.

SEC. 2. The procedure in all cases brought hereunder shall be the same as in other suits for injunction, as nearly as may be; provided, that when the suit is brought in the name of the State by any of the officers aforesaid the petition for injunction need not be verified.