« ForrigeFortsett »
eration two-thirds of the members of the Senate present agreed to pasa the bill and the names of the members voting for and against the bill were entered on the Journal of the Senate, there being twenty-one votes for the bill and ten against it.
A. B. DAVIDSON, President of the Senate.
CLYDE D. SMITH,
Secretary of the Senate. We certify that the foregoing Substitute Senate Bill No. 6 was sent by the Senate to the House with the objections of the Governor, which objections were entered at large upon the Journal of the House, whereupon the House reconsidered the bill and upon a vote being taken on the passage of the bill there were yeas 83, nays 36, present and not voting 6. Whereupon the Speaker announced that the bill had failed to pass and immediately thereupon a motion to reconsider the vote by which the bill had failed to pass, was made and carried, and immediately thereafter a second vote was taken when two-thirds of the members of the House who were present approved the bill, there being 88 yeas. 36 nays, present and not voting 3, who were paired with then absent members. And the names of the members voting for an l against the bill were entered on the Journal of the House, there being 88 votes for the bill, 36 votes against the bill, and 3 present and not voting, and there were 6 members who were absent.
Thos. B. LOVE, Speaker of the House.
Chief ('lerk of the House. Received in Department of State, this 12th day of April, A. D. 1907, at 10 o'clock and 20 minutes a. m.
L. T. DASHELL,
Secretary of State.
DEPOSITORIES-PROVIDING A SYSTEM FOR STATE,
COUNTY AND CITY.
An Act to amend “An Act relating to State and county finances and the finances
of Cities incorporated under the General Laws of this State, providing for a system of State, County and City depositories for said State, County and City funds, for the selection and designation of such depositories; to provide penalties for tne violation of the provisions of this Act, and to repeal all laws and parts of laws in conflict herewith,” approved May 1, 1905, the same being Chapter 164, of General Laws of the State of Texas, passed at the regular session of the Twenty-ninth Legislature, relating to a system for State, County and City depositories, so as to further define what banks or banking institutions may become State depositories, and providing for re-advertising for bids for the safe keeping and payment of the deposits of the State funds, and providing that in no instance shall there be awarded to any bidder any amount of State funds in excess of its paid up capital stock, and providing for the application of all interest which may come into the State Treasury from State Depositories, and making an appropriation for carrying into effect ine provisions of said Chapter 164, as amended by this Act, and repealing all laws and parts
of laws in conflict herewith, and declaring an emergency. Be it enacted by the Legislature of the State of Teras:
SECTION 1. That Sections 1 and 19 of an Act entitled “An Act relating to State and County finances of Cities incorporated under the general laws of this State, providing for a system of State, County and City depositories for State, County and City funds, for the selection and designation of such depositories; to provide penalties for the violation of the provisions of this Act, and to repeal all laws and parts of laws in conflict herewith," approved May 1, 1905, constituting Chapter 164, of the General Laws passed by the Twenty-ninth Legislature of Texas, be amended by adding thereto a section to be known as Section 3a, and a section to be known as section 18a, and by ameniing sections 1 and 19 of said Act so that said amended sections and said additional section 3a, and said additional section 18a, shall, respectively, hereafter read as follows, viz:
“Section 1. It shall be the duty of the State Treasurer at the times and in the manner provided in this Act, to designate a Bank or Banking Institution in each Senatorial District in the State of Texas which shall be known as a State Depository. Said Bank or Banking Institution must be a National Bank or an incorporated Company authorized to do business in the State of Texas, and must have a paid up capital stock of not less than $25,000, and any such Bank or Banking Institution may become a bidder under the provisions of any Sec. tion of this Act; but each such depository shall be established and conducted in accordance with and subject to the provisions of this Act, and in no instance shall there be made to any such bank or banking institution any award of State funds greater than the amount of its paid up capital stock. Other depositories may be selected in lieu of those not selected from and for Senatorial Districts, and provided for herein.
“Section 3a. If for any one or more Senatorial districts no hids shall be submitted, or none shall be accepted, or the successful bidder shall fail to qualify as provided in this Act, it shall thereupon become the duty of the State Treasurer to cause to be printed a circular letter soliciting bids for keeping the public funds of the State in such senatorial districts, respectively, for the remainder of the term of two years prescribed by Section 2 of this Act, and upon the conditions prescribed in this Act, which letter shall in all other respects conform to the requirements concerning the circular letter prescribed by Section 2 of this Act except that it shall specify that all bids thereunder must be in the hands of the State Treasurer on or before 12 o'clock noon of a certain day to be therein named, not less than twenty nor more than thirty days after the date of such circular letter; and the certified check accompany such bid shall become forfeited to the State in case such bid shall be accepted and the bidder shall fail to comply with the requirements as provided by this Act for the qualification of depositories. The State Treasurer shall mail a copy of such circular letter to each bank or banking institution in the State of Texas situated within any of the Senatorial Districts for which no bid for such term shall have been accepted and shall immediately deposit with the Comptroller and Attorney General, respectively, a copy of such circular letter, and attach thereto a list of those to whom such letter has been mailed as herein provided, such copies and list to be certified by the State Treasurer under his seal of office. The State Treasurer shall also keep a copy of such letter and a list of those to whom it has been sent, on file in his office for the inspection of any person who may desire to examine the same. All bids which may be sent to the State Treasurer pursuant to such circular letter shall be sealed up in a strong envelope and marked "Bid for the safe keeping and payment of the deposit of the State funds," and he shall endorse thereon the time of receipt of such bid. Such bid shall state the interest such bank or banking institution will pay on the average daily balances to the credit of the State Treasurer in such bank or banking institution. All such bids shall be directed to the State Treasurer and shall be opened by him on the day designated in such circular letter, or as soon thereafter as practicable, in the presence of the Comptroller and Attorney General, and thereupon the State Treasurer shall, with the approval of the Comptroller and Attorney General, select and designate one of such banks or banking institutions as the depository of the State for each such senatorial district; provided said State Treasurer may with the approval of the Comptroller and Attorney General reject any and all such bids, and provided further, that in no instance shall any except the highest and best bidder for any senatorial district be accepted.
“Section 18a. All interest upon deposits, which shall come into the State Treasury from State Depositories shall become a part of the general revenue."
“Section 19. If for any one or more senatorial districts no bids shall be submitted or none shall be accepted, or the successful bidder shall fail to qualify as provided in this Act under the preceding Section thereof, it shall thereupon become the duty of the State Treasurer, immediately after the date of opening of the bids, provided for in the preceding section 3a, or upon the failure of the successful bidder to qualify, as the case may be, to advertise for bids in such daily newspaper or newspapers of general circulation in the State as said State Treasurer, Comptroller of Public Accounts and Attorney General, or a majority of them, shall deem advisable, for proposals from banks or banking institutions of the class and character mentioned in preceding Sections of this Act in this State, to keep a State depository and as many thirty-firsts of the State funds as there shall then be such senatorial districts, for which no depository shall have been selected, not exceeding, however, two such thirty-firsts to be awarded to any one bidder, but in no instance shall there be awarded to any one bidder any amount in excess of its paid up capital stock, all such bids to be delivered to the State Treasurer upon a day to be named in such advertisement, which shall be not less than twenty nor more than thirty days subsequent to the first publication of such advertisement. Upon the date named in such advertisement the State Treasurer shall, in the presence of the Comptroller of Public Accounts and the Attorney General, open all bids so received, and shall, with their approval and consent, award to the highest and best bidder therefor, respectively, the keeping of the number of such thirty-firsts of the State Funds for which proposals have been so invited, and for which such bids have been so made; provided that said State Treasurer, Comptroller and Attorney General may, should they deem it to the best interests of the State, limit such award to only one such thirty-first of the Sate funds, as the discretion of the State Treasurer, Comptroller and Attorney General any one or more bidders making a proposal under the provisions of this Section may, respectively, be awarded the keeping of two thirty-firsts of such State funds, not exceeding, however, in any instance more than $100,000, and not exceeding in any instance the amount of paid-up capital stock of the bank or banking institution making such bid, and in any and all such cases such bidder shall deposit securities with the State Treasurer of the same class and character and of double the value, and shall give indemnity bonds of similar character and in double the amount required by this Act for depositories selected under preceding Sections of this Act from Senatorial districts, and shall be governed by all the restrictions and regulations imposed upon them by this Act; provided, that any and all depositories selected and qualifying under this Section shall, on the first day of each month (or if such first day be Sunday or a holiday, then on the next succeeding day) remit to the State Treasurer all State funds in excess of $100,000, then on hand, but subject to the provisions of Section 14 above. All depositories selected and qualifying under this Section shall at all times during such term be permitted to keep on deposit such amount of State funds as may have been awarded to them, respectively, under the provisions of this Section. All provisions concerning certified checks in Section 2, of this Act shall apply to advertisements, bids and bidders under this Section, and the terms to be embraced in bids and awards under this Section shall be the same as under Section 16. No award shall in any instance be made under this Section to any bidder whose bid shall be for less than 2 per cent per annum on daily balances in such depositories.
Sec. 2. That for the purpose of carrying said Chapter 164, as amended by this Act into effect, there is hereby appropriated out of any funds in the State Treasury to the credit of the general revenue, and
not heretofore appropriated, the sum of three hundred dollars, or so much thereof as may be necessary to be expended within two years, which may be paid out upon accounts to be approved by the State Treasurer, the Comptroller and the Attorney General.
SEC. 3. That all laws and parts of laws in conflict with the provisions of this Act shall be and the same are hereby repealed.
SEC. 4. The fact that under the provisions of Chapter 164 of the general laws passed by the Twenty-ninth Legislature, there have been accepted bids for State depositories in less than one-half of the senatorial districts in this State, and it is necessary to re-advertise for bids for such depositories, and there is no law making an adequate provision therefor, and the further fact that no appropriation has been made to carry into effect the provisions of said Chapter 164, creates an emergency and an imperative public necessity requiring that the Constitutional rule which requires that bills be read on three several days be suspended and it is so 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 Senate by the following vote, yeas 21, nays 0; was referred to the House of Representatives, amended and passed by the following vote, yeas 94, nays 3; and that the Senate concurred in the House amendments by the following vote, yeas 25, navs 0.]
Approved April 12, 1907.
DEPOSITIONS-NOTICE FOR AND TAKING OF.
H. B. No. 287.]
An Act to amend Articles 2282 and 2281 of the Revised Civil Statutes of the
State of Texas, 1895, as amended by an act entitled "An Act to amend Title XL, Chapter 2 of the Revised Civil Statutes of the State of Texas, 1895, by adding Article 2274a, and amending Articles 2282 and 2284 of said Title and Chapter, relating to notice for and the manner of taking depositions in civil cases, approved April 12, 1905,” and to repeal Article 2274a of said act of April 12, 1905, and to add to said Title XL, Chapter 2 of the Revised Civil Statutes of the State of Texas, 1895, Articles 2291a, 2291b, 2291c, 2291d, 2291e, 2291f, and 2291g, amending the statute so as to provide for taking deposition in civil cases orally, and the method and procedure thereof.
SECTION 1. Be it enacted by the Legislature of the State of Teras: That Articles 2282 and 2284 of the Revised Civil Statutes of the State of Texas, as amended by act of the Twenty-ninth Legislature at its Regular Session, shall hereafter read as follows:
Art. 2282 (2227). Upon the receipt of such commission by any officer to whom it is addressed residing in this State, if the witness does not voluntarily appear, he shall issue a subpoena directed to the sheriff or any constable of the county requiring him to summon the witness to appear and answer interrogatories at a time and placed named in the subpoena.
Art. 2284 (2229). Upon the appearance of the witness, the officer