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entered. The officer conveying any defendant to said institution shall be paid by the county in which said conviction is rendered the actual traveling expenses of said officer and defendant and five dollars additional; provided, further, that nothing in this Act shall be held to affect, modify or vitiate any judgment heretofore entered, confining any defendant to the House of Correction and Reformatory, but the unexpired portion of any such judgment shall be fulfilled by the confinement of any such defendant in the State Institution for the Training of Juveniles.
Article 1146. If any person confined in the State Institution for the Training of Juveniles after judgment of conviction for a felony shall escape therefrom, it shall be the duty of any sheriff or peace officer to apprehend and detain him, and report the same to the superintendent of said institution and they shall be returned by said sheriff or other peace officer to said institution and the cost of said return shall be paid by the State on warrant of the Comptroller based upon the sworn itemized account of such officer approved by the superintendent of said institution, said costs to be paid out of any fund appropriated by the Legislature from time to time for the apprehension and return of escaped convicts. All laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.
SEC. 2. The fact that there exists no law confining boys under sixteen years of age convicted of a felony in the State Institution for the Training of Juveniles, creates an emergency and an imperative public necessity requiring the Constitutional rule that bills be read on three several days in each House, be suspended and that this Act take effect from and after its passage, and it is so enacted.
Approved March 17, 1909.
DELINQUENT CHILD-PROVIDING FOR COMMITMENT TO
STATE INSTITUTION FOR TRAINING OF JUVENILES. S. B. No. 202.]:
CHAPTER 55. An Act to amend Section nine of Chapter LXV of the General Laws of the
Thirtieth Legislature, entitled "An Act to define delinquent child' and to regulate the treatment and control of same”; providing for commitment of delinquent and incorrigible juveniles to the State Institution for the Training of
Juveniles; providing procedure, and declaring an emergency. Be it enacted by the Legislature of the State of Texas:
SECTION 1. That Section nine of Chapter LXV of the General Laws of the Thirtieth Legislature entitled "An Act to define 'delinquent child' and to regulate the treatment and control of same," be and the same is hereby amended so as to hereafter read as follows:
Section 9. When any male juvenile under the age of sixteen years shall commit any offense under the laws of this State of the grade of a misdemeanor, he shall be tried in the county or district court having jurisdiction of such offense under the laws of this State. The information or indictment shall be docketed on the “Juvenile Record” of the "Juvenile Court" as provided in this Act, and said trial shall be conducted in the manner and under the conditions prescribed in this Act.
If said male juvenile shall be convicted he shall be committed to the State Institution for the Training of Juveniles for an indeterminate period of not less than two years nor more than five years. After a confinement of one year in said institution he may be granted a leave of probation, or parole, or release, as may be determined by the superintendent of said institution and the board of trustees under the law and the by-laws, rules and regulations governing said institution, or the judge of said court after sentence of commitment and before its execution, if the circumstances surrounding the case warrant, may enter an order, and shall have full power to stay the execution of any such judgment and release such juvenile on good behavior provided in this Act. Said judge shall also have full power to annul said stay of execution at any time within one year from the date of its entry and commit such juvenile to the State Institution for the Training of Juveniles, for the period of time, as if no stay of execution had been made.
When any district judge shall order any cause charging any juvenile under the age of sixteen years with a felony, to be dismissed and shall order said juvenile to be tried in any juvenile court, a copy of said indictment certified under the seal of the district court shall be filed in said juvenile court, together with the names of all witnesses, if some other tribunal be selected to exercise such jurisdiction as provided in this Act, otherwise said district court, exercising the jurisdiction of a juvenile court, may transfer said cause to its own juvenile docket and dispose of same as provided by law.
The judge of said juvenile court shall have a jury summoned, unless same be waived, and shall proceed forth with to try said cause upon said certified copy of said indictment. If the defendant be adjudged guilty of the charge, set forth in the indictment, said defendant shall be deemed guilty of being a delinquent child, [and] the judgment of the court shall be confinement in the State Institution for the Training of Juveniles for a period of not less than two nor more than five years, and for the purpose . of such trials jurisdiction is hereby conferred upon the county and district courts of the county in which said offense is committed, setting as juvenile courts. Provided, that the county and district judge of any county may by agreement, select one of said courts, either district or county, in which all cases arising under the juvenile court laws of this State may be tried, and may transfer to said court all snch cases arising from time to time in either of said courts, to the court so selected, and when any such court is so selected it shall have jurisdiction to try and decide all such cases, otherwise each court, as provided in this Act, may exercise such jurisdiction. In all such cases it shall be the duty of the county attorney under the direction of the judge of said juvenile court, to prosecute such cases, without fee.
Any parent or guardian of any incorrigible bov under the age of sixteen years may present a petition to the judge of the juvenile court of the county of his residence setting forth under oath the age and habits of any such boy and praying that said boy be committed to the State Institution for the Training of Juveniles. The court shall set the case
down for hearing and will take testimony, and if in his judgment the child should be committed, said judge may enter an order committing said child to said institution, provided that the parent or guardian shall pay all necessary expenses of carrying said child to said institution, and, in addition, shall pay at least one quarter in advance, the amount necessary for the maintenance of said child at said institution as estimated by the superintendent of said institution. Said parent or guardian shall also deposit with the superintendent of said institution an amount sufficient to pay the fare of said child from said institution to its home, and in event that said parent or guardian shall fail or refuse to make any subsequent quarterly payment for maintenance, in advance, said commitment shall terminate and the superintendent of said institution shall discharge such boy and return him to his home.
The expense of conveying all boys committed to said institution shall be paid by the county from which said commitment is made, and it shall be the duty of the sheriff, probation or any peace officer, as the court may direct, to convey all boys committed to said institution to the said State Institution for the Training of Juveniles; provided that the court may send the boy to the institution without escort if he deemed it prudent.
Sec. 2. The fact that no law exists whereby boys under sixteen years of age convicted of offenses may be committed to the State Institution for the Training of Juveniles, creates an emergency and an imperative public necessity requiring that the Constitutional rule requiring bills to be read on three several days be suspended and that this Act take effect from and after its passage, and it is so enacted.
Approved March 17, 1909.
REFORMATORY-RELATING TO, CHANGING NAME OF. S. B. No. 201.]
CHAPTER 56. An Act to amend Articles 2941, 2942, 2943, 2944, 2945, 2946, 2947, 2948, 2949,
2950, 2951, 2952 and 2953 of Title LIV of the Revised Statutes of the State of Texas, 1895, relating to the House of Correction and Reformatory; providing for a change of its name; providing for its control, management, support, maintenance and regulation; providing who shall be or become inmates, paroled or released; providing that juveniles convicted in juvenile courts be sent there; providing means of entrance for all incorrigible boys; repealing all laws in
conflict herewith; and declaring an emergency. Be it enacted by the Legislature of the State of Texas:
SECTION 1. That Articles 2941, 2912, 2943, 2944, 2945, 2946, 29-17, 2948, 2949, 2950, 2951, 2952 and 2953 of Title LIV of the Revised Statutes of the State of Texas, 1895, be and the same are hereby amended so as to hereafter read as follows:
Article 2941. The institution known as the House of Correction and Reformatory, located at Gatesville, Texas, shall from and after the taking effect of this Act be named and known as “The State Institution for the Training of Juveniles,” the government of which shall be vested in a board of trustees composed of five members, three of whom shall be men and two women. The board of trustees shall be appointed by the Gorernor with the advice and consent of the Senate.
Each member of said board shall hold office for a term of two years, or until his or her successor is appointed and qualified, unless peremptorily removed by the Governor.
Each of said trustees shall serve without compensation but shall receive his or her actual traveling and other necessary expenses, while engaged in the performance of official duties, forwhich the Comptrolier shall issue his warrant on the account verified by said trustee and approved by the chairman of said board. The chairman of said board shall not approve any expense account of any trustee until same has been allowed by not less than a quorum of said board.
Article 2912. Said board shall elect one of their members as chairman and one as secretary of said board. Said board shall hold two regular meetings at the said institution each year, and shall hold such other special meeting, at such times and places as are deemed necessary when requested so to do, in writing by at least three members of said board.
Article 2943. It shall be the duty of said board of trustees to take control and supervision of said “The State Institution for the Training of Juveniles." Said board shall formulate by-laws, rules and regulations for the economic and efficient government and control of said institution, having in view the objects to be accomplished by this Act. Said by-laws, rules and regulation when adopted by said board and approved by the Governor, shall become binding and of obligatory force upon the trustees. superintendent, subordinate officers, emploves and inmates of said institution, and it shall be the duty of the trustees to see to the enforcement thereof, and also of the provisions of this Act in relation to said institution, and it shall be the duty of the trustees to see to the enforcement thereof and also of the provisions of this Act in relation to said institution. Said by-laws, rules and regulations may be amended from time to time as said board may deem necessary.
Said board shall make a biennial report to the Governor setting forth in full all facts pertaining to the institution, including receipts and disbursements, the number and salaries of all employes, the number of inmates received and discharged and detained, and estimates for appropriations required for two years of maintenance.
Article 2944. Said board of trustees and the superintendent shall provide for, establish and maintain suitable instruction and training of the inmates of said institution. Said instruction and training shall include elementary common school, as well as industrial, manual, or agricultural branches, or either or all, as may be deemed desirable by said board and superintendent. Each inmate shall be given definite instruction and training in some useful occupation. Each inmate shall be given such moral training and discipline [as he] is capable of receiving. The prime end to be sought by said board [is] to be reform, educate and train the children committed to the institution into industrious and useful law abiding citizens, strengthen their self control and place them in a moral
environment that will build character, inculcate correct ideas of civic virtue and responsibility,
Article 2945. The said board of trustees shall appoint a superintendent of said institution with the approval of the Governor, who shall hold his office for a term of two years. Such superintendent shall, before entering upon the duties of his office, take the oath of office prescribed by the Constitution, and shall give a bond in a sum of ten thousand dollars, payable to the Governor or his successors in office, conditioned for the faithful performance of the duties of his office. Said bond shall be signed by said superintendent and two good and sufficient sureties, or by himself and some solvent surety company authorized to transact business in Texas, and shall be approved by the Governor. Said bond when approved by the Governor shall be deposited in the office of the Secretary of State.
Article 2946. The superintendent shall have control and management of said institution, subject to the provisions of this Act and the by-laws, rules and regulations adopted from time to time by the said board of trustees and approved by the Governor; provided, that said board shall never adopt any by-laws, rules and regulations in conflict with the provisions of this Act.
1. It shall be the duty of the superintendent to keep a register in which he shall enter the name, date of reception, previous moral character, habits and education, so far as can be ascertained, the discharge, death, escape, commutation of time, parolment and punishment of each inmate or person admitted to said institution.
2. It shall be the duty of the superintendent to execute and carry out all the written orders and instructions which he shall receive from time to time from the board of trustees or the Governor.
He shall reside at the institution and be held responsible for the strict enforcement of the provisions of this Act, as well as the said bylaws, rules, regulations and written orders of the board of trustees.
1. He shall see that the buildings are kept in good and sanitary order, and that the premises are kept in a healthful and cleanly condition.
5. He shall keep or cause to be kept the books of the institution fully exhibiting all moneys received and disbursed, the source from which received and purposes for which the same is expended. Said books shall at all times be open for the inspection of the board of trustees or the Governor, oreto any one appointed by the Governor to inspect or audit said books.
6. Said Superintendent shall make a semi-annual report in duplicate, in writing under oath, showing in detail the fiscal operations of the institution since the last report, giving under appropriate heads the total number of inmates in the institution at the date of the report, the number received since last report, the number, discharged since last report, the number paroled, or otherwise discharged, with such recommendations for the improvement of management or other matter as he may deem proper. One of said reports shall be presented to the board of trustees at their regular semi-annual meeting, and the other shall be forwarded to the Governor.