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STOCK LAWS_MODE OF PREVENTING CERTAIN ANIMALS

FROM RUNNING AT LARGE IN CERTAIN COUNTIES. H. B. No. 200.]

CHAPTER 69. An Act to amend Sections one (1) and two (2), Chapter 128 of the General

Laws of the Twenty-sixth Legislature, the same being an Act providing the mode by which horses, mules, jacks, jenuets and cattle may be prevented from running at large in certain counties therein named, or in any subdivision of said counties, (as amended by Chapter 24 of the General Laws of the Twentyseventh Legislature, and Chapter 71 of the General Laws of the Twenty-eighth Legislature, and Chapters 23 and 94 of the General Laws of the Twenty-ninth Legislature, and Chapters 11 and 57 of the General Laws of the Thirtieth Legislature) so as to include the counties of Freestone, Frio, Hidalgo, Starr, Swisher, Matagorda, San Saba, Donley, Childress, Haskell, Poard, Wharton, Mason, Clay, DeWitt, Robertson, Hamilton, Mills, Burnet, Atascosa, and Medina and Waller within the provisions of said law, and repealing all laws

in conflict herewith, and declaring an emergency. Be it enacted by the Legislature of the State of Texas:

SECTION 1. That Sections 1 and 2 of Chapter 128 of the General Laws of the Twenty-sixth Legislature, as amended by Chapter 24 of the General Laws of the Twenty-seventh Legislature, and Chapter 71 of the General Laws of the Twenty-eighth Legislature, and Chapters 23 and 94 of the General Laws of the Twenty-ninth Legislature, and (hapters 11 and 57 of the General Laws of the Thirtieth Legislature, be and the same are hereby amended so as to read as follows:

Section 1. Upon the written petition of one hundred freeholders of any of the following counties: Anderson, Austin, Bastrop, Bee, Bell, Bexar, Blanco, Borden, Bosque, Brazos, Brown, Caldwell, Calhoun, Callahan, Camp, Cass, Cherokee, Clay, Coleman, Collin, Colorado, Cooke, Comal, Comanche, Coryell, Crosby, Cochran, Crane, Dallas, Dawson, Delta, Denton, Eastland, Ector, Ellis, Erath, Falls, Fannin, Fayette, Franklin, Frio, Fisher, Gaines, Guadalupe, Garza, Glasscock, Gillespie, Grayson, Harrison, Haskell Hays, Hill, Hood, Hopkins, Howard, Hockley, Hunt, Jack, Jackson, Jones, Johnson, Kaufman, Knox, Lamar, Lavaca, Limestone, Lynn, Llano, Lubbock, Mason, McLennan, Martin, Midland, Milam, Mitchell, Montague, Morris, Navarro, Nolan, Nueces, Parker, Rains, Matagorda, Red River, Rockwall, Rusk, San Patricio, Scurry, Smith, Somervell, Tarrant, Taylor, Terry, Titus, Travis, Upshur, Victoria, Van Zandt, Washington, Williamson, Wilson, Wise, Ward, Wood, Winkler, Wilbarger, Freestone, Hidalgo, San Saba, Starr, Swisher, Donley, Childress, Foard, Wharton, Clay, DeWitt, Robertson, Hamilton, Mills, Burnet, Atascosa, Medina, and Waller or upon the written petition of fifty freeholders of any (the word “such” qualifies subdivision, intended to read "such subdivision") subdivision of a county as may be described in the petition and defined by the commissioners court of any of the above named counties, the commissioners court of said county shall order an election to be held in such county or such subdivision of a county as may be described in the petition and defined by the commissioners court, on the day named in the order, for the purpose of enabling the freeholders of such county or such subdivision of a county as may be described in the petition and defined by the commissioners court to determine whether horses, mules, jacks, jennets and cattle shall be permitted to run at large in such county or such subdivision of a county as may be described in the petition and defined by the commissioners court; provided, that where there is an application for an election to include an entire county, there shall not be less than twelve freeholders, from each justice precinct of said county as signers to the petition for such election,

Section 2. Upon the written petition of two hundred (200) freeholders of any of the above named counties or upon the written petition of fifty freeholders of any subdivision of the above named counties, if the law be in force in that subdivision only, the commissioners court shall be authorized and required to order an election on the date therein named to determine whether or not said law be repealed; provided that such petition be not filed within less than two years from the date this law goes into effect; and provided further, that such petition be signed by at least twenty-four freeholders from each justice precinct in such county. But if this law becomes operative over any of the above named counties, as prescribed, it can in no case be repealed by any subdivision, except by a two-thirds (3) majority of the votes cast by the freeholders of such counties, at an election held in accordance with the provisions of this Act.

SEC. 3 [2]. All laws and parts of laws in conflict herewith are hereby repealed.

SEC. 4 [3]. From the fact that the citizens of said counties desire an opportunity to vote on the question as to whether stock should be permitted to run at large at an early date creates an emergency and an imperative public necessity that the Constitutional rule requiring bills to be read on three several days be suspended, and this Act take effect and be in force from and after its passage, and it is so enacted.

Approved March 19, 1909.
Takes effect ninety days after adjournment.

TEXAS LIBRARY AND HISTORICAL COMMISSION-CREAT

ING SAME.

H. B. No. 142.]

CHAPTER 70. An Act to create the 'Texas Library and Historical Commission, setting forth the

purposes of the said Library and Historical Commission, defining its powers and duties, repealing Article 2805 of the Revised Civil Statutes of the State of Texas, amending Article 2806, and in general repealing all laws and parts

of laws in conflict with this Act, and declaring an emergency. Be it enacted by the Legislature of the State of Texas:

SECTION 1. That there is hereby created the Texas Library and Historical Commission, consisting of five members, which commission shall he assigned suitable offices at the Capitol, and whose object and purposes shall be to control and administer the State Library, and to adopt and to enforce reasonable rules and regulations governing its administration and control, to aid and encourage libraries, to collect materials, relating to the history of Texas and the adjoining states, to preserve, classify and publish the manuscript archives and such other matters as it may deem proper, to diffuse knowledge in regard to the history of Texas, to encourage historical work and research, to mark historic sites and houses, and secure their preservation, to aid those who are studying the problems to be dealt with by legislation, and to perform such other duties as may be enjoined by law.

Sec. 2. That the Governor of the State of Texas shall, by and with the advice and consent of the Senate, appoint three persons who, together with the Superintendent of Public Instruction and the head of the School of History of the State University, shall constitute the Texas Library and Historical Commission. Appointments shall be made for the term of two years, except appointments to fill vacancies, which shall be made by the Governor for the unexpired term. The Governor shall convene said Library and Historical Commissioners at the State Capitol within ten days after this Act goes into effect. Thereafter the Library and Historical Commission shall hold at the State Capitol at least one regular meeeting annually, and as many special meetings as may be necessary. The State Librarian hereinafter provided for, shall be secretary of the Library and Historical. Commission. No member of the commission shall receive any salary or per diem or other compensation for his services as such commissioner, but the actual expenses incurred in attending the meetings of the commission, or by any member thereof in visiting and establishing libraries shall be paid for by the State. The commission shall elect a State Librarian, who shall not be of their number and who shall be an experienced librarian. Said State Librarian shall serve at the will of the commission, shall receive a salary of fifteen hundred ($1500) dollars per annum, and shall give to the Governor an acceptable bond in the sum of five thousand ($5000) dollars for the proper care of the State Library and its equipment. He shall record the proceedings of the commission, keep an accurate account of its financial transactions, and perform such other duties as may be assigned him by said commission. In addition to his salary, the State Librarian shall be allowed his actual expenses when traveling in the services of the commission. Such expenses shall be certified to under oath and approved by the chairman or acting chairman of the commission.

Sec. 3. That the Texas Library and Historical Commission is authorized and empowered to purchase, within the limits of the annual appropriation allowed by act of the Legislature from time to time, suitable books, pictures, etc., the same to be the property of the State. The commission shall give advice to such persons as contemplate the establishment of public libraries in regard to such matters as the maintenance of public libraries, selection of books, cataloguing, and library manayement. The commission shall have conducted library institutes and encourage library associations. The State Librarian shall ascertain the condition of all public libraries in this State and report the results to the commission.

SEC. 4. The Texas Library and Historical Commission shall have power and authority to receive donations or gifts of money or property

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upon such terms and conditions as it may deem proper, provided no financial liability is thereby entailed upon the State.

SEC. 5. All books, pictures, documents, publications and manuscripts received through gift, purchase or exchange, or on deposit; from any source for the use of the State, shall constitute a part of the State Library, and shall be placed therein for the use of the public.

SEC. 6. That Article 2805 is hereby amended so as to hereafter read as follows:

Article 2805. (2723) The Secretary of State shall forward to the Librarian of Congress and the Secretary of State of the United States, the Secretary of the Treasury of the United States, and the executive departments of all of the States of the Union, to each foreign librarian or government with whom a system of library exchange may be established, as it may deem advisable, copies of all laws and judicial reports printed and published by order of the Legislature and at the expense of the State.

SEC. 7. That so much of the law relating to the Department of Insurance and Banking as places under the jurisdiction of that department the custody and control of books, documents, newspapers, manuscripts, archives, relics, mementoes, flags, works of art, etc., now in said department and places upon said department the duty of collecting and preserving historical data, is hereby repealed, and the custody and control of said books, documents, newspapers, manuscripts, archives, relies, mementoes, flags, works of art, etc., and the said duty of collecting and preserving historical data, are hereby transferred to the Texas Library and Historical Commission. To avoid all misunderstanding, it is hereby expressly declared that the gallery of the portraits of the Presidents of the Republic and of the Governors of the State of Texas constitutes a part of the State Library. The Texas Library and Historical Commission shall adopt such rules and regulations for the government of the State Library as will insure the careful preservation of the books, documents, newspapers, manuscripts, archives, relics, mementoes, flags, works or art, etc., deposited therein and particularly shall all materials relating to the history of Texas be carefully safeguarded.

SEC. 8. The Secretary of State shall turn over to the person in charge of the State Library immediately upon their receipt, all books, maps, charts or other publications of a political or miscellaneous character received at his office, and he shall in like manner turn over to the Librarian of the Supreme Court at the Capitol all volumes of reports of the courts of any other state or territory received by him, and he shall in like manner turn over to the State Library all printed volumes of the statutes or laws of any nation, state or territory to be deposited in said State Library for the same use and purpose as the other ooks kept there.

SEC. 9. That the duties of the State Librarian, acting under the direction of the Texas Library and Historical Commission, shall be as follows:

First. He shall have charge of the State Library and all books, pictures, documents, newspapers, manuuscripts, archives, relies, mementoes, flags, etc., therein contained.

Second. He shall endeavor to collect all manuscript records relating to the history of Texas now in the hands of private individuals, and where the originals can not be obtained he shall endeavor to procure authenticated copies. He shall be authorized to expend the money appropriated for the purchase of books relating to Texas, and he shall seek diligently to procure a copy of every book, pamphlet, map, or other printed matter giving valuable information concerning this State. He shall collect portraits or photographs of as many of the prominent men of Texas as possible. He shall endeavor to complete the files of the early Texas newspapers now in the State Library, and he shall cause to be bound the current files of not less than ten of the leading newspapers of the State, and the current files of not less than four leading newspapers of other states, and of as many of the county papers, professional journals, denominational papers, agricultural papers, trade journals and other publications of this State as seem necessary to preserve in the State Library an accurate record of the history of Texas.

Third. He shall demand and receive from the officers of State departments, having them in charge, all books, maps, papers, manuscripts, documents, memoranda and data not connected with or necessary to the current duties of said officers, relating to the history of Texas, and carefully classify, catalogue and preserve the same. The Attorney General shall decide as to the proper custody of such books, etc., whenever there is any disagreement as to the same.

Fourth. Any State, county or other official is hereby authorized and empowered in his discretion to turn over to the State Library for permanent preservation therein any official books, records, documents, original papers, maps, charts, newspaper files and printed hooks not in current use in his offices, and the State Librarian shall receipt for the same.

Fifth. The State Librarian shall endeavor to procure from Mexico the original archives which have been removed from Texas and relate to the history and settlement thereof, and in case he can not procure the originals, he shall endeavor to procure authentic copies thereof. In like manner he shall procure the originals or authentic copies of manuscripts preserved in other archives beyond the limits of this State, in so far as said manuscripts relate to the history of Texas.

Sixth. He shall preserve all historical relies, mementoes, antiquities, and works of art connected with and relating to the history of Texas, which may in any way come into his possession as State Librarian. He shall constantly endeavor to build up an historical museum worthy of the interesting and important history of this State.

Seventh. He shall make and certify to copies of papers or documents in the State Library, upon application of any person interested and shall charge the same fees as are allowed the Secretary of State for similar services. And such certified copies of papers and documents shall be recived in evidence by the courts the same as like papers and documents of other State departments. He shall collect all such fees in advance and turn them over to the State Treasurer quarterly and shall be authorized to approve the vouchers for all expenditures made in connection with the State Library.

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