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SEC. 55. The fact that many counties and districts of Texas are anxious to organize drainage districts and are in great need of drainage, and there is now no law under which such district can be properly formed, constitutes an emergency and an imperative public necessity, that the constitutional rule requiring bills to be read on three several days be suspended, and also that this act 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 the following vote, yeas 21, nays (); was referred to the House of Representatives, amended and passed by the following vote, yeas 96, nays 0; Senate refused to concur in House amendments, bill was referred to a Free Conference Committee and Free Conference Committee report was adopted in the Senate by the following vote, yeas 29, nav: 0, and in the House by the following vote, veas 99, nays 0.]
Approved March 23, 1907.
RAILROADS/REGULATING TRAIN CREWS.
H. B. No. 80.]
An Act to protect the lives and property of the traveling public, and the em
ployes of the railroads in the State of Texas.
SECTION 1. Be it enacted by the Legislature of the State of Texas : That it shall be unlawful for any railroad company doing business in the State of Texas to run over its road, or part of its road outside of the yard limits, any passenger train with less than a full passenger crew, consisting of four persons, one engineer, one fireman, one conductor and one brakeman.
SEC. 2. It shall be unlawful for any railroad company doing business in the State of Texas to run over its road, or part of its road, outside the yard limits, any freight train, gravel train or construction train with less than a full crew, consisting of five persons, one engineer, one fireman, one conductor and two brakemen.
SEC. 3. It shall be unlawful for any railroad company doing business in the State of Texas to run over its road, or part of its road, outside of the yard limits, any light engine without a full train crew, consisting of three persons, one engineer, one fireman and one conductor; provided, that nothing in this act shall be construed as applying in the case of disability of one or more of any train crew while out on the road between division terminals, or to switching crews in charge of yard engines or which may be required to push trains out of yard limits.
SEC. 4. Any railroad company doing business in the State of Texas which shall violate any of the provisions of this act shall be liable to the State of Texas for a penalty of not less than one hundred dollars or more than one thousand dollars for each offense, and such penalty shall be recovered and suit brought in the name of the State of Texas, in a court of proper jurisdiction in Travis county, Texas, or in any county in or through which such line of railroad may run, by the Attorney General or under his direction, or by the county or district attorney in any county in, or through which such line of railroad may be operated, and such suits shall be subject to the provisions of Article 4577, Revised Statutes of the State of Texas.
SEC. 5. The fact that there are now no adequate laws for the protection of a large portion of our citizens employed by railway companies, and passengers riding on railway trains, creates an emergency and an imperative public necessity requiring the suspension of the constitutional rule which requires bills to be read on three several days in each House, and the rule is hereby suspended ; and that this act take effect and be in force from and after its passage, and it is so enacted.
Approved March 25, 1907.
RAILROADS, ETC.-PROHIBITING ISSUANCE OF FREE
An Act to prohibit railway companies, street railway companies, interurban
railway companies or any other chartered common carrier or transportation companies or express or sleeping car companies, or telegraph or telephone companies or the receiver or lessees thereof, or their officers, agents or servants in this State from carrying persons free of charge or carrying property free of charge or transmitting messages free of charge or giving to or for any person or passenger a free pass or authority to travel or pass free or to have property or messages transported free over any line or lines owned, operated or controlled by any such company in this state, and naming certain persons who are excepted from the prohibition; and also prohibiting any of said companies, their officers, agents, employees, receivers or lessees from discriminating among persons in rates and service; prohibiting any person not exceptea from using or enjoying such free pass or free transportation, or from becoming the beneficiary of any discrimination, and prescribing suitable penalties, fines and imprisonment for the violation of the provisions of this act; providing for prosecutions, fixing venue of suits, and appropriating any penalties that may be collected hereunuer.
Be it enacted by the Legislature of the State of Texas:
SECTION 1. That if any steam or electric railway company, street railway company, interurban railway company or other chartered transportation company, express company, sleeping car company, telegraph or telephone company or person or association of persons operating the same or the receivers or lessees thereof or any officer, agent or employee of any such company in this State, shall knowingly haul or carry any person or property free of charge or give or grant to any person, firm, association of persons, or corporation, a free pass, frank, a privilege or a substitute for pay or a subterfuge which is used or which is given to be used instead of the regular fare or rate for transportation, or any authority or permit whatsoever to travel or to pass or convey or transport any person or property free, or sell any transportation for anything except money or for any greater or less rate than is charged to all persons unde the same conditions, over any railway or other transportation line or part of line in this State; or shall knowingly permit any person to transmit any message free in this State or shall give any frank or right or privilege to transmit messages free in this State, or property free of charge or for greater or less fare or rate than is charged other persons in this State for similar service; except such persons as are hereinafter exempted under the provisions of this Act, shall be guilty of a misdemeanor, and upon conviction in any action brought on this account, aņd for that purpose, shall pay to the State of Texas the sum of five thousand dollars ($5000.00) for each and every act which violates the provisions of this section; and any person, president, director, officer, employee or agent of any such corporation or association of persons who shall sell any transportation for anything except money or knowingly give, grant, issue or cause to be issued a free pass, a frank, a privilege or any substitute for or in lieu thereof for the transportation of any person, article or thing or the sending or transmitting any messages over wire or other means of transmitting messages in this State except to such persons as are hereinafter exempted from the provisions of this Act, shall be deemed guilty of a felony under the laws of this State and upon conviction for such act shall be punished by a fine of not less than five hundred dollars (500.00) nor more than two thousand dollars (2000.00) and may in addition thereto, in the discretion of the jury, be imprisoned in the penitentiary for a term of not less than six (6) months nor more than two (2) years.
SEC. 2. That the provisions of Section one (1) of this Act shall not be held to prohibit any steam or electric or interurban railway company or chartered transportation company or sleeping car company or the receivers or lessees thereof or persons operating the same, or the officers, agents or employees thereof from granting free or exchanging free passes, franks, privileges, substitute for pay or other thing herein prohibited, to the following persons: The actual bona fide employees of any such companies and the dependent members of their immediate families. The term employee shall be construed to embrace the following persons only, all persons actually employed and engaged in the service of any of such companies, including its officers, bona fide ticket, passenger and freight agents, physicians, surgeons and general attorneys and attorneys who appear in courts of record to try cases and who receive a reasonable annual salary, and also ex-employers within four (4) months after leaving the service of any of such companies and while seeking employment. Also persons actually employed on sleeping cars, express cars, lineman of telegraph and telephone companies, newsboys employed on trains, railway mail service employees, postoffice inspectors, chairman and bona fide members of grievance committees of employees, be na fide custom and immigration inspectors employed by the Govern· ment, the State health officer and one assistant, and Federal health officers, also when livestock, poultry, fruit, melons, or other perishable produce is shipped, the necessary care-takers while en route and return, also trip passes to the indigent poor when application therefor is made by any religious or charitable organization, sisters of charity, also persons injured in wrecks upon the road of any such company immediately after such injury and the physicians and nurses attending such persons at the time thereof, also persons and property carried in cases of general epidemic, pestilence or other calamitous visitations at the time thereof, or immediately thereafter. Also the State rangers, sheriffs or other bona fide elective peace officers whose duties are to execute criminal processes, provided that if any such railroad or transportation company shall grant to any sheriff, a free pass over its lines of railroad, then it shall issue like free transportation to each and every sheriff in this State who may make to it, written application therefor, and provided further that said sheriffs and other peace officers above mentioned using such free passes or transportation shall deduct the money value of the same, at the legal rate per mile from any mileage accounts against the State and litigants earned by them in executing process when such pass was used or could have been used; also members of the livestock sanitary commission of Texas, not exceeding twelve (12) in number for any one year; provided that nothing in this Act shall prevent any such companies, the receivers or lessees thereof, or the officers, agents or employees from granting to ministers of religion, reduced rates of one-half (1) the regular fare, nor shall anything in this Act prevent any such companies, their receivers or lessees from transporting free of charge any article being sent to any orphan home or other charitable institution; provided further that nothing in this Act shall be construed to prohibit any such companies, their receivers or lessees or officers, agents or servants from making special rates for special occasions or under special conditions, but no sueh rate shall even be made without first obtaining authority from the railroad commission of Texas; and provided further that no persons who hold any public office in this State shall at any time during their term of office be entitled to any such free pass or transportation, privilege or franks or substitute for fare or charges over any railway or other company mentioned in section one (1) of this Act, except employees operating trains when in the actual discharge of their duties as such and the officers hereinbefore exempted; provided further that nothing in this Act shall prohibit any street railway company from transporting free of charge, police officers and firemen in any city where said company is authorized so to do by any ordinance or authority from the city council of any such city; provided, however, that no person or persons, beneficiaries of free transportation herein permitted, shall ride on a free pass or enjoy free transportation to or from any political convention or on any political errand. That nothing in this Act shall prohibit any express company from hauling or carrying free of charge the packages and property of its actual and bona fide officers, attorneys, agents and employees who are actually in the employment of any such company, its receivers or lessees at the time when such free transportation or right thereto is given. And provided further that nothing in this Act shall be construed to prohibit any telegraph or telephone company from carrying and transmitting free of charge the messages of its bona fide officers, attorneys, agents and employees who are actually in the employment of such company, its receivers or lessees at the time when such free transmission or the right thereto was given.
Sec. 3. If any persons shall present, or offer to use in his own behalf, any permit or frank, whatsoever, to travel, pass or to convey any person or property or message which has been issued to any other person or shall, knowing that he is not entitled under the provisions of this Act, apply to any railway express, telegraph or telephone company, officer, agent, lessee or receiver thereof for any free pass, frank, privilege or a substitute for pay given or to be used instead of the regular fare or rate for transportation or for any other consideration except money, he shall be deemed guilty of a misdemeanor and upon conviction shall be punished by confinement in the county jail for not less than thirty days and not more than twelve months and by a fine of not less than $100 and not more than $1000) one thousand dollars.
SEC. 4. No company subject to the provisions of this Act, shall directly or indirectly, by any special rate, rebate, draw-back, or other device or exchange, demand, charge or collect or receive from any person, firm, association of persons or corporation a greater or less or different compensation for any service rendered or to be rendered, in the transportation of passengers, property or messages than it charges, demands, collects or receives from any other person, firm, association of persons or corporation for doing for him, them or it, a like service, if the transportation or transmission is a like kind of traffic or service under substantially similar circumstances and conditions, and any such company violating these provisions shall be deemed guilty of a misdeineanor, and for each offense, on conviction, shall pay to the State of Texas a penalty of five thousand dollars.
SEC. 5. That each and all companies subject to the provisions of this Act, their receivers and lessees, shall report annually on such dates as may be fixed by the Railroad Commission of this State, the name and residence of each and every person to whom free transportation or right thereto was given to travel or to have his property or messages transported or transmitted over its' transportation, express, sleeping car or railway or telegraph or telephone line; and any company violating this provision shall be deemed guilty of a misdemeanor, and for each offense, on conviction, shall pay to the State of Texas a penalty of one thousand dollars.
SEC. 6. Any person other than the persons excepted in this Act, who uses any such free ticket, free pass or free transportation, frank or privilege over any railway or other transportation line or sleeping or express car, telegraph or telephone line mentioned in this Act, for any distance under the control and operation of either of said companies subject to the provisions of this Act or under their authority or shall knowingly and wilfully by any means or device whatsoever obtain, use or enjoy from any such company a less fare or rate than is charged, demanded, collected or received by any such company from any other person, firm, association of persons or corporations for doing for him, them or it, a like service if the transportation or service is of a like kind of traffic or service under substantially similar circumstances and conditions, such person or such officer or agent who acts for such corporation or company thus favored, shall be guilty of a misdemeanor, and on conviction for each offense, shall be fined not less than one hundred dollars and not more than one thousand dollars.
SEC. 7. Any director, officer, agent or any receiver, trustee, lessee, or person acting for or employed by any company subject to the provisions of this Act, who alone or with any other corporation, company,