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or in part in this State, or any officer, or agent of such railroad company or receiver to require or permit any conductor, engineer, fireman. or brakeman to be or remain on duty for a longer period than sixteen consecutive hours; and whenever any such conductor, engineer, fireman, or brakeman shall have been continuously on duty for sixteen hours, he shall be relieved and shall not be required or permitted again to go on duty umil he has had at least ten consecutive hours off duty; and no such conductor, engineer, fireman or brakeman who has been on duty sixteen hours in the aggregate in, any twenty-four hour period shall be required or permitted to continue or again go on duty without having had at least eight consecutive hours off duty.

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SEC. 2. That any railroad company or receiver of any railroad operating a line of railroad in whole or in part in this State, or any officer or agent of such railroad or receiver who shall violate any of the provisions of this Act shall be liable to a penalty of not to exceed $500.00 for each and every violation, and any such penalty shall be recovered and suit therefor shall be brought in the name of the State of Texas in any court having jurisdiction of the amount, in Travis county or in any county into or through which said railroad may pass. Any suit or suits to recover a penalty or penalties for violating any of the provisions of this Act may be brought either by the Attorney General or under his direction, or by the county attorney or district attorney of any county or judicial district into or through which said railroad may pass, and such attorney bringing any such suit or suits, shall be entitled to compensation of one-third of any penalty or penalties recovered therein. all prosecutions under this Act against any railroad company, or receiver of any railroad company, such company or receiver shall be deemed to have had knowledge of all acts of all of its officers and agents, provided that the provisions of this Act shall not apply in any case of casualty or unavoidable accident, or the act of God; nor where the delay was the result of a cause not known to the carrier or its officer or agent in charge of any conductor, engineer, fireman or brakeman at the time such conductor, engineer, fireman or brakeman left a terminal, and which act could not have been foreseen; provided further, that the provisions of this Act shall not apply to crews of wrecking or relief trains. SEC. 3. That Chapter 51 of the General Laws of the State of Texas, passed at the Regular Session of the Thirtieth Legislature, approved April 1, 1907, limiting the hours of service of certain railroad employees, and Chapter 5 of the General Laws of the State of Texas, passed at the First Called Session of the Thirtieth Legislature, approved May 10, 1907, amendatory of the Act contained in Chapter 51 of the General Laws of the Regular Session, be and the same are hereby repealed.

SEC. 4. That the fact that the existing law of the State of Texas limiting the hours of service of conductors, engineers, fireman and brakeman, is not in harmony with the Act of Congress relating to the same subject and that it is important that State and National legislation on the subject shall prescribe uniform regulations, creates an emergency, and an imperative public necessity 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.

[NOTE. The enrolled bill shows that the foregoing Act passed the Senate by a two-thirds vote, yeas 28, nays 0; and passed the House by the following vote, yeas 38, nays 0.]

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INSURANCE COMPANIES, FIRE-NOT ORGANIZED UNDER LAWS OF TEXAS TO DEPOSIT SECURITIES WITH COMMISSIONER OF INSURANCE AND

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An Act to require fire insurance companies not organized under the laws of this State, before they shall receive a certificate of authority to transact business in this State, and before they shall issue or authorize the issuance of any policies of insurance to citizens of this State, to file with the Commissioner of Insurance and Banking a bond or to deposit securities to secure the payment of all lawful obligations under such policies to citizens of this State; exempting from its provisions any person, firm, corporation or association doing an interinsurance, co-operative or reciprocal insurance business; providing penalties for the violation of this Act, and declaring an emergency.

Be it enacted by the Legislature of the State of Texas:

SECTION 1. Every fire insurance company not organized under the laws of this State applying for a certificate of authority to transact any kind of insurance in this State shall, before obtaining such certificate, file with the Commissioner of Insurance and Banking, a bond, with good and sufficient surety or sureties to be approved by the Commissioner of Insurance and Banking, payable to the Commissioner of Insurance and Banking, and his successors in office, in a sum equal to twenty-five per cent of its premiums collected from citizens or upon property in this State during the preceding calendar year, as shown by its annual report for such year; provided, however, the bond in no case shall exceed fifty thousand dollars, nor be less than ten thousand dollars, conditioned that said company will pay all its lawful obligations to citizens of this State. Such bonds shall be subject to successive suits by citizens of this State so long as any part of the same shall not be exhausted, and the same shall be kept in force unimpaired until all claims of citizens of this State arising out of obligations of said company have been fully satisfied. Such bonds shall provide that in the event the company shall become insolvent or cease to transact business in this State at any time when it has outstanding policies of insurance in favor of citizens of this State or upon property in this State the Commissioner of Insurance and Banking shall have the power, after having given ten days notice to the officers of such company or any receiver in charge of its property and affairs, to contract with any other insurance company transacting business in this State for the assumption and re-insurance by it of all the insurance risks outstanding in this State of such company which is insolvent or which has ceased to transact business in this State, which contract shall also provide for the assumption by such re-insuring company of all outstanding and unsatisfied lawful claims then out

standing against such company which has become insolvent or ceased to transact business in this State, and in the event of the commissioner making any such contract and if the same shall be approved as reasonable by the Attorney General and the Governor of this State the reinsuring company shall be entitled to recover from the makers of such bond the amount of the premium or compensation so agreed upon for such re-insurance. Any company desiring to do so may at its option in lieu of giving the bond required by this Section deposit securities of any kind in which it may lawfully invest its funds with the State Treasurer of this State upon such terms and conditions as will in all respects afford the same protection and indemnity as is herein provided for to be afforded by said bond.

SEC. 2. Every fire insurance company not organized under the laws of this State which shall hold a certificate of authority to transact any kind of insurance business in this State, when this Act takes effect, shall within ninety days thereafter comply with the requirements of Section 1 of this Act, as to companies hereafter obtaining certificates of authority and it shall be the duty of the Commissioner of Insurance and Banking to revoke the certificate of authority failing to so comply within such period.

SEC. 3. Every fire insurance company not organized under the laws of this State, hereafter issuing or causing or authorizing to be issued any policy of insurance other than life insurance shall first have filed with the Commissioner of Insurance and Banking during the calendar year in which such policy may issue or authorize or cause to be issued a bond of good and sufficient sureties to be approved by such commissioner in a sum of not less than ten thousand dollars, conditioned for the payment of all lawful obligations to citizens of this State arising. out of any policies or contracts issued by such fire insurance company, which such bond shall be subject to successive suits by citizens of this State so long as any part of the same shall not be adjusted and so long as there remains outstanding any such obligations or contracts of such fire insurance company. Any person violating the provisions of this Section shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred nor more than five hundred dollars or by imprisonment in the county jail for not less than three nor more than twelve months, or by both such fine and imprisonment. This Act shall not apply to any person, firm or corporation or association doing an inter-insurance, co-operative or reciprocal business.

SEC. 4. The fact that there is now no law protecting the people of this State against loss arising from the insolvency of foreign insurance companies transacting business in this State or generally affording the protection provided by this Section creates an emergency and an imperative public necessity requiring that the Constitutional rule requiring that bills be read on three several days, be suspended and that this bill take effect and be in force from and after its passage, and it is so enacted.

Approved March 20, 1909.

Takes effect ninety days after adjournment.

MECHANICS LIENS-PROVIDING FOR SPEEDY
ENFORCEMENT OF.

S. B. No. 157.]

CHAPTER 103.

An Act to provide for the speedy and efficient enforcement of the liens of mechanics and artisans on the buildings, improvements, fixtures and articles made or repaired by them, and to require the principal of any contractor, subcontractor, agent or receiver, who may make, erect or repair any house, building or improvement, or the owner thereof, to retain in his hands ten per cent of the contract price of the same, or the value thereof, during the progress of such work, and for thirty days subsequent to the completion thereof, at the expiration of which time the special liens upon said fund of ten per cent, created as herein provided, shall be extinguished except as to such liens as shall have been duly filed in the office of the county clerk in accordance with law, upon which the mechanics and artisans performing the work thereon shall have a preference lien, and providing that in the event of the failure of the principal, owner, agent or receiver so to do that such mechanics and artisans shall have a preference lien upon such building, fixture or improvement and the lot or lots upon which the same may be situate, and declaring an emergency.

Be it enacted by the Legislature of the State of Texas:

SECTION 1. Whenever any mechanic or artisan shall perform any labor or service for any contractor, sub-contractor, agent or receiver, in the erection of any house, building, fixture or improvement, or to repair any house, building, fixture or improvement, or as a necessary incident in connection with such work of construction or repair, it shall be the duty of the owner of such property, or such agent or receiver, to retain in his hands, to secure the payment of the artisans and mechanics who may perform such labor or service ten per cent of the contract price of such building, fixture or improvement, or the repair thereof, and in the event there be no fixed contract price then a sum equivalent to ten per cent of the value of such building, fixture or improvement or the repair thereof; provided, that the amount so retained by the owner, agent or receiver as the work progresses shall not fall below one-tenth of the value of such building, fixture or improvement, or the repair thereof, measured by the proportion that the work done bears to the work to be done thereon, and using the contract price or the reasonable value of the conpleted building, fixture or improvement, or the repair thereof, as a basis of computation of value. Such fund or funds shall be retained by the owner or agent or receiver for the purpose herein named during the progress of the work of construction upon such building, fixture or improvement, or the repair thereon, and for thirty days subsequent to the completion thereof. Any mechanic or artisan who may file a mechanic's lien upon said building, fixture or improvement so made or erected or repaired in accordance with the law applying thereto shall have a preference lien upon said fund so retained in the hands of such owner or agent or receiver; provided, that all mechanics and artisans filing such lien shall be entitled to share ratably therein. In the event the owner of such building, fixture or improvement or such agent or receiver shall refuse or fail to comply with the provisions of this Act, and to retain such fund or funds in his hands as herein provided, the mechanics and artisans performing work thereon and in connection therewith who may file liens thereon in accordance with law shall have

ratably among themselves preference liens, to be preferred above all other liens and claims whatsoever, upon such house, building, structure, fixture or improvement, and all its properties, and on the lot or lots of land necessarily connected therewith, to secure payment for such labor thereon.

SEC. 2. The provisions of this Act shall not be construed to deprive artisans and mechanics of the remedies given them for enforcement of their liens as set out in the Acts heretofore passed concerning the same, except in so far as they may be in conflict herewith, and the provisions of this Act shall be cumulative of the provisions of all such Acts heretofore passed.

SEC. 3. All laws and parts of laws in conflict with this Act shall be, and the same are hereby repealed.

SEC. 4. It being important that the benefits of this Act be realized at once, because the parties to be benefited by this Act have no adequate protection under existing laws, creates an emergency and an imperative necessity that the Constitutional rule requiring bills to be real on three several days should be suspended and 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 two-thirds vote, yeas 27, nays 0; was referred to the House, amended and passed by the following vote, yeas 115, nays 0; and that the Senate concurred in the amendments by the following two-thirds vote, yeas 27, nays 0.]

Approved March 20, 1909.

Became a law March 20, 1909.

PUBLIC ROADS AMENDING ACT OF 1907 PROVIDING FOR ISSUANCE OF BONDS.

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An Act to amend Sections 5 and 6 of Chapter CXXXIV of the General Laws passed by the Thirtieth Legislature entitled "An Act to authorize any county or any political subdivision of a county upon a vote of two-thirds majority of the resident property taxpayers voting thereon, who are qualified electors of such county or political subdivision of the county, to issue bonds or otherwise lend its credit in any amount not to exceed one-fourth of the assessed valuation of the real property of such county, or political subdivision thereof and to levy and collect taxes to pay the interest on said bonds and to provide a sinking fund for the redemption thereof for the purpose of constructing, maintaining and operating macadamized, graveled and paved roads and turnpikes or in aid thereof," and to add thereto Section 6a, creating road districts, and making them bodies corporate, and creating the office of road superintendent in such road district, and declaring an emergency.

Be it enacted by the Legislature of the State of Texas:

SECTION 1. That Sections 5 and 6 of Chapter CXXXIV, Acts of the Thirtieth Legislature entitled "An Act to authorize any county or any political subdivision of a county, upon a vote of two-thirds majority of the resident property tax payers voting thereon who are qualified

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