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NORMAL SCHOOLS-PROVIDING FOR TEACHING

H. B. No. 270.]

AGRICULTURE, ETC.

CHAPTER 113.

An Act to provide for the teaching of agriculture, manual training and domestic science in the State normal schools at Huntsville, Denton and San Marcos, and in such other normal schools for white teachers as may be hereafter established by law, and of agriculture, including such courses in manual training and domestic economy as are subsidiary to agriculture, in public high schools which shall meet certain prescribed conditions; and of elementary agriculture for teachers in the summer sessions of the State normal schools at Huntsville, Denton and San Marcos, of the Agricultural and Mechanical College at Bryan, of the College of Industrial Arts for Girls at Denton, and of the State University at Austin, and give the State Board of Education authority to fix salaries and wages of principals, presidents, teachers and other employees at the State normal schools; and making an appropriation therefor and declaring an emer

gency.

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

SECTION 1. The State Board of Education shall require the teaching of manual training, domestic science, and agriculture in the State normal schools at Huntsville, Denton and San Marcos, and in such other normal schools for white teachers, as may hereafter be established by law, respectively, as a part of the regular cirricula of said normal schools. The State Board of Education is hereby empowered and required to provide rooms, appliances and teachers for giving instruction in the subjects of manual training, domestic science, and agriculture in said State normal schools. The State Board of Education is further empowered and instructed to employ a teacher or teachers that have been trained and equipped to give instruction in these subjects in the said State normal schools; provided that the State Board of Education is hereby authorized to fix the salaries of the presidents, principals, professors, instructors, teachers and other employees in said normal schools. And all laws and parts of laws in conflict with this Act are hereby specifically repealed.

SEC. 2. The sum of eighteen thousand dollars ($18,000.00) is hereby appropriated cut of any money in the State Treasury, not otherwise appropriated, for the year ending August 31st, 1910, and eighteen thousand dollars ($18,000.00) for the year ending August 31st, 1911, to be divided equally among the three State normal schools located respectively at Huntsville, Denton and San Marcos, for the purpose of installing, equipping and maintaining the departments of agriculture, manual training, and domestic science in said normal schools, provided that the State Board of Education shall have necessary preparation made to begin in- . struction in these subjects in said normal schools not later than the first session of these schools in the autumn of 1909.

SEC. 3. That the State Board of Education shall require the teaching of elementary agriculture for teachers in the summer sessions of the State normal schools at Huntsville, Denton and San Marcos, and that the Boards of Directors of the Agricultural and Mechanical College at Bryan, of the College of Industrial Arts for Girls at Denton, and of the State University at Austin, shall require the teaching of elementary agriculture for teachers in the summer sessions of these several institutions

SEC. 4. That the sum of three thousand dollars ($3,000.00) is hereby appropriated out of any money in the State Treasury not otherwise appropriated for the year ending August 31, 1910, and three thousand dol lars ($3,000.00) for the year ending August 31, 1911, to be divided equally among the State normal school at Huntsville, the State normal school at San Marcos, and the State normal school at Denton, the State Agricultural and Mechanical College at Bryan, the College of Industrial Arts for Girls at Denton, and the State University at Austin for the purpose of installing and maintaining the summer courses in elementary agriculture for teachers provided for in Section 3 of this Act.

SEC. 5. It shall be the duty of the State Board of Elucation to duplicate by an appropriation out of money provided by this Act, any amount not less than five hundred dollars ($500.00) and not more than two thousand dollars ($2000.00) that shall have been appropriated and set apart by the trustees of any common school district or independent school district for the purpose of establishing, equipping and maintaining departments in their respective schools for giving instruction in agriculture, including such courses in manual training and domestic economy as are subsidiary to agriculture; provided such appropriation or donation shall not be made more than twice to the same school, and provided that in granting such appropriations to high schools the State Board of Education shall consider the geographical location of the school applying, with a view of locating, if possible, one school in each of the Senatorial districts of the State. The board of trustees of a school seeking aid in establishing, equipping and maintaining in their high schools a department for the teaching of agriculture, including such courses in manual training and domestic economy as are subsidiary to agriculture, shall provide ample room and laboratories for instructions in botany, zoology and such other elementary sciences as are necessary to instruction in secondary agriculture, and shall provide a tract of land conveniently located which shall be sufficiently large and well adapted to the production of farm and garden plants, and shall employ a teacher who has received special training in agriculture and allied branches. The State Superintendent of Public Instruction shall make accurate and full investigation of the school property, appliances and ground possessed by any board of trustees that may seek aid under the provisions of this Act, and he shall also inquire into the qualifications of the teacher or teachers who are to give instruction in agriculture, manual training and domestic economy in the school or schools seeking aid under the provisions of this Act, and shall make a report of the result of his investigation to the State Board of Education, together with his conclusions and recommendations touching the same. The State Board of Education shall grant aid to those high schools that have complied with the provisions of this Act and that have been recommended by the State Superintendent of Public Instruction and that shall give evidence that after the State aid is withdrawn the district will continue to maintain the department for instruction in agriculture out of its own funds.

SEC. 6. The sum of thirty-two thousand dollars ($32,000.00) or such part thereof as is necessary is hereby appropriated out of any money in the State Treasury, not otherwise appropriated, for the year ending Au

gust 31, 1910, and thirty-two thousand dollars ($32,000.00) or such part thereof as is necessary for the year ending August 31, 1911, for the purpose of carrying out the provisions of Article 5 of this Act.

SEC. 7. Any money granted as aid to any high school or high schools. or appropriated for the State normal schools, or the State Agricultural and Mechanical College, or the College of Industrial Arts for Girls, or the State University under the provisions of this Act, shall be paid out of the State Treasury, in favor of the chairman of the board of trustees of said school district, or chairman of the local board of trustees of said State normal schools, or of the Chairman of the Board of Regents of the Agricultural and Mechanical College or of the Chairman of the Board of Regents of the College of Industrial Arts for Girls, or of the Chairman of the Board of Regents of the State University, provided that the expenditure of all money granted under the provisions of this Act, together with the sum furnished by the board of trustees themselves for the same purpose, shall be itemized and reported under oath to the State Superintendent of Public Instruction by the treasurers of the boards of trustees of such schools or institutions as shall receive aid under the provisions of this Act.

SEC. 8. The fact that the law now requiring the teaching of agriculture in the public schools of the State, and the further fact that there is now no provision for the training of teachers to teach the subject of agriculture as required by law, create an emergency and an imperative public necessity. requiring that the Constitutional rule which requires that all bills be read on three several days be suspended, and it is hereby suspended, and that this law be in full force and effect from and after its passage, and it is so enacted.

Approved March 25, 1909.

Takes effect ninety days after adjournment.

CORPORATIONS-FIXING TIME IN WHICH TO REVIVE
RIGHT TO DO BUSINESS.

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An Act to amend Section 10 of Chapter XXIII of the General Laws of the First Called Session of the Thirtieth Legislature, entitled "An Act prescribing franchise taxes to be paid by private, domestic and foreign corporations for the exercise of the privilege of doing business within the State of Texas, and providing for the collection thereof; prescribing conditions upon which foreign corporations may obtain perinits to do business, and for the surrender of such permits; fixing a basis for the computation of the amount of such taxes and providing for reports of officers of such corporations in connection therewith, and making it a misdemeanor to fail or refuse to make such report, and fixing a penalty therefor; prescribing the times and manner of making payments of such franchise taxes; providing for penalties for failure to make prompt payments of such taxes, providing for the forfeiture without judicial ascertainment of the right of such defaulting domestic or foreign corporation to do such business because of failure to pay taxes and penalties as prescribed by this Act, and for the revival of such rights; providing for the forfeiture by a judgment of any court of competent jurisdiction of the charter of such defaulting corporation because of failure to pay such taxes and penalties within the time allowed by this Act for payment thereof; extending the time within which and prescribing conditions upon which such domestic and foreign corporations which are now in default in payment of franchise taxes and penalties may pay same and have their right to do business revived, and providing that failure of any such domestic corporation to do so shall constitute a sufficient ground for forfeiture of its charter, prohibiting officers and stockholders of such defaulting corporations from doing business in or under the corporate name of such corporation or using signs or advertisements such as those used by such corporations and providing punishment therefor, exempting certain classes of corporations from the provisions of this Act; fixing venue of civil suits to enforce the provisions of this Act; requiring clerks of courts to certify to the Secretary of State the status of such suits; prescribing the duties and powers of the Secretary of State under the provisions of this Act; repealing Articles 5243i and 5243j, as amended by Chapter 19 of the General Laws of the Twenty-ninth Legislature, and Chapter 72 thereof, and any and all laws in conflict with the provisions of this Act, and declaring an emergency;" extending until the first day of September, 1909, the time during which corporations embraced within the terms of said Act may pay to the Secretary of State franchise taxes and penalties referred to in said Act, and have their rights to do business revived. and providing for forfeiture of the charters of such domestic corporations as may fail so to do; and declaring an emergency.

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

SECTION 1. That Section 10 of Chapter XXIII of the General Laws of the First Called Session of the Thirtieth Legislature be amended so as to read hereafter as follows:

Section 10. Every private corporation heretofore chartered under the laws of this State, and every foreign corporation whose right to do business within this State has heretofore been forfeited as provided by law solely and only because of its failure to pay within the time provided by law, any franchise tax or taxes and penalty or penalties prescribed by law for failure to pay such tax or taxes when due, shall be permitted and authorized to pay to the Secretary of State on or before the first day of September, A. D., 1909, the aggregate amount of its franchise tax or taxes and the penalty or penalties thereon as provided by law, calculated for the entire period of time beginning with the day upon which the first

unpaid franchise tax payment became due and ending with the day of such payment; and upon such payment being made to the Secretary of State, he shall cancel such previous forfeiture of the right of such corporation to do business within this State and shall endorse upon the margin of the record kept in his office relating to such corporation the word "Revived" and the date of such revival.

Failure of any such domestic corporation to pay such aggregate amount on or before the first day of September, A. D., 1909, shall constitute sufficient grounds for the forfeiture by a judgment of any court of competent jurisdiction of the charter of such domestic corporation; provided, that none of the provisions of this Section shall apply to any corporation whose right to do business within this State or whose charter may have been legally forfeited for any other reason than that of failure to pay such franchise tax or taxes and such penalty or penalties.

SEC. 2. The fact that many corporations have, by mere oversight, neglected to pay when due the franchise tax prescribed by law, by reason of which failure their rights to do business in this State have been forfeited, although their rights to corporate existence continues unimpaired, many of which corporations are desirous of paying up back franchise taxes and penalties and of having their rights to do business revived, if the Statute be so amended as to so permit, and the further fact that through inadvertence or clerical error the date fixed in the penalty clause of Section 10 of said Chapter XXIII was one prior to the taking effect of said Chapter XXIII, making said penalty clause retroactive and therefore inoperative, create an emergency and an imperative public. necessity requiring that the Constitutional rule providing that bills shall be read on three several days be 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 House by the following vote, yeas 109, nays 0; and passed the Senate by a two-thirds vote, yeas 24, nays 0.]

Approved March 25, 1909.

Became a law March 25, 1909.

CORPORATIONS-DEFINING POWERS.

H. B. No. 586.]

CHAPTER 115.

An Act to amend Chapter CLVIII of an Act of the Thirtieth Legislature, said Act being entitled "An Act to amend Article 651, Chapter 3, Title 21, of the Revised Statutes of the State of Texas, and declaring an emergency," defining the powers of private corporations and amending said Act so that said corporations may have as many as twenty-one directors, and declaring an emergency.

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

SECTION 1. That Article 651, Chapter 3, Title 21, of the Revised Civil Statutes of the State of Texas, be amended so that hereafter it shall read as follows:

Article 651. Every private corporation as such has power:

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