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1. To have succession by its corporate name for the period limited in its charter, not to exceed fifty years, and when no period is limited, for twenty years. 2. To maintain and defend judicial proceedings.
To make and use a common seal. 4. To hold, purchase, sell, mortgage or otherwise convey, such real
4 and personal estate as the purposes of the corporation shall require, and also to take, hold and convey such other property, real, personal, or mixed as shall be requisite for such corporation to acquire in order to obtain or secure the payment of any indebtedness or liability due or belonging to the corporation.
5. To appoint and remove such subordinate officers and agents as the business of the corporation shall require, and to allow them a suitable compensation.
6. To make by-laws not inconsistent with existing laws for the management of its property, the regulation of its affairs and the transfer of its stock.
7. To enter into any obligation or contract essential to the transaction of its authorized business.
8. To increase or diminish by a vote of its stockholders, cast as its by-laws may direct, the number of its directors or trustees to be not less than three nor more than twenty-one; provided, that any corporation formed under sub-divisions 1, 2 and 3, Article 642, Chapter 3, Title 21, of the Revised Statutes of the State of Texas, may increase the number of its directors or trustees to not more than twenty-five.
9. Any private corporation created either by special Act of the Legislature or under the provisions of the general law for the support of any benevolent, charitable, educational or missionary undertaking, the support of any literary or scientific undertaking, the maintenance of a library, or the promotion of painting, music or other fine arts, whose charter may expire or may have expired by limitation, may revive such charter with all the privileges and immunities and rights of property, real and personal, exercised and held by it at the date of the expiration of its said charter, by filing, with the consent of a majority of its stockholders a new charter under the provisions of the general law of the State of Texas, reciting therein such original privileges and immunities and rights of property, and by filing therewith a certified copy of such original forfeited charter; and any two or more of such corporations may revive and consolidate their charters uncer a new corporate name or under the name of either, with all privileges, immunities and rights of property real and personal, enjoyed by each at the date of the expiration of their several charters by in like manner filing a charter which shall recite the fact of consolidation, accompanied by certified copies of said original charters; provided the provision thereof shall not be construed to relieve any corporation from the payment of occupation taxes now or hereafter required by law.
SEC. 2. The near approach of the end of the Session, and the crowded condition of the calendar, create an emergency and an imperative public necessity that the Constitutional rule requiring bills to be read on the
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.
Approved March 25, 1909.
RAILROAD COMPANIES-EXTENDING TIME FOR
S. B. No. 129.]
CHAPTER 116. An Act for the relief of railway corporations having charters granted or amended
since the 1st day of January, 1900, and which have failed or are about to fail to construct their roads and branches, or any part thereof, within the time
prescribed by law, and declaring an emergency. Be it enacted by the Legislature of the State of Texas :
SECTION 1. That any railway company holding a charter filed in the office of the Secretary of State of this State, since the first day of January, 1900, of which by amendment to its articles of incorporation filed with the Secretary of State of this State since the first day of January, 1900, has provided for the construction of one or more branch lines, and which has since the first day of January, 1906, constructed and put in operation 50 miles of railroad in this State, or 30 miles of railroad in the State of Louisiana, or which since the first day of January, 1906, shall have expended not less than $20,000.00 for right-of-way or terminal facilities within or immediately adjacent to any city in this State with a population of not less than 10,000, as shown by the last Federal census; also any railway company which had been incorporated by articles of incorporation filed in the office of the Secretary of State of this state, since the first day of January, 1900, and which has since the first day of January, 1902, constructed and put in operation not less than nine miles of railroad within this State, and the length of whose line authorized by its charter does not exceed 50 miles, or which has since January 1st, 1906, graded not less than fifty miles of road bed on its line in this State, or which has, in good faith, acquired since January 1st, 1907, its right-of-way for the entire length of its line, and the length of whose line authorized by its charter does not exceed forty miles, or any railroad company which since the 1st day of January, 1991, and during the first year of its incorporation, did construct and put in operation not less than 20 miles of railroad in this State, shall have two years from the date this Act takes effect, in which to comply, as to its main line or its branch or branches projected by such articles of incorporation or amendments, with the provisions of Articles 4366, 1558 and 4559 of the Revised Civil Statutes of the State of Texas, and each such railway company which shall have forfeited its right to construct, or its corporate existence, as to any part of its said main line, or is about to do so, or any of its said branches, or any part thereof, shall have, and such corporate existence and right to construct same is hereby restored and preserved to it, and it shall enjoy all of its corporate franchises. property rights and powers held or acquired by it previous to any cause
of forfeiture on account of such failure; provided, that no such railway company shall claim or exercise any right or franchise not allowed, granted or permitted to other railway corporations under the laws now in force in this State, and every such railway company shall comply with the laws now in force in this State pertaining to railway corporations.
SEC. 2. The fact that no good can result to the State from the forfeiture provided against in this Act, and that public interest will be promoted by the relief herein provided, creates an emergency and an imperative public necessity authorizing the suspension of the Constitutional rule requiring bills to be read on three several days, and it is so suspendea.
Approved March 25, 1909.
NURSING-DEFINING AND REGULATING PRACTICE OF.
S. B. No. 111.
CHAPTER 117. An Act to define and regulate the practice of professional nursing; create a Board
of Nurse Examiners for the examination and licensing of nurses, and to prescribe their qualifications, to provide for their proper registration and for the revocation of certificates and to fix suitable penalties for the violation of this
Act and declaring an emergency.
SECTION 1. That a board to be known as the Board of Nurse Examiners for the State of Texas is hereby established. Said board shall be composed of five members who shall be trained nurses of at least twentythree (23) years of age, of good moral character, and graduates of a training school connected with a general hospital or sanitarium of good standing, presided over by a graduate nurse where a two years training with a systematic course of instruction is given in the wards. Said board shall be appointed by the Governor of this State, within sixty days after this Act shall go into effect and biennially thereafter, within sixty days after his inauguration, and the term of office shall be two years or until their successors shall be appointed and qualified. Vacancies occuring in the board shall be filled by the Governor.
SEC. 2. That the members of the said board shall as soon as organized, annually in the month of April, elect from their members a president and secretary who shall also be the treasurer. Three members of this board shall constitute a quorum and special meetings of said board shall be called by the secretary upon the written request of any two members. The board is authorized to make such by-laws and rules as shall be necessary to govern its proceedings, and to carry into effect the purpose of this Act. Provided, that said board shall adopt Roberts Rules of Order to guide it in the transaction of its business. The secretary shall be required to keep a record of all the meetings of said board, including a register of the names of all nurses duly registered under this Act, which shall at all seasonable times be open to public scrutiny, and said board shall cause the prosecution of all persons violating any of the provisions of this Act, and may incur necessary expenses on that behalf. That the president and secretary shall make biennial report to the Governor on or before the first day of January immediately preceding the convening of the Legislature, together with a statement of the receipts and disbursements of said board.
SEC. 3. That after organization it shall be the duty of said board to meet regularly once in every six (6) months, notice of which meeting shall be given to the public press and in one nursing journal one month previous to the meeting. At every regular meeting namely, every six months it shall be the duty of the board to examine all applicants for registration under this Act. Upon filing application for examination, each applicant shall pay an examination fee of ten dollars, which shall in no case be returned to the applicant whether the examination be passed or not, but in case the applicant passes the examination then no further fee shall be required for registration. The examination shall be of such a character as to determine the fitness of the applicant to practice professional nursing as contemplated by this Act; provided, said board shall prepare questions for examinations and shall examine applicants on the following subjects: practical nursing, surgical nursing, obstetrical nursing, materia medica, anatomy, physiology, hygiene, dietetics, and gynecology. If the result of the exa nination shall be satisfactory to the majority of the board, the board shali sign and issue a certificate to the applicant to that effect which certificate shall be attested by the secretary; whereupon the person named in the certificate shall be duly qualified to practice professional nursing in this State. Any registered nurse from any other state where the laws with reference to professional nursing are up to the standard of the laws of the State of Texas, who shall show to, the satisfaction of the beard that he or she is a trained, graduate nurse of a hospital or sanitarium, the standard of instruction and training of which shall meet the requirements of the rules prescribed by said board, and who shall be otherwise properly qualified, may receive a certificate and be registered as a nurse of this State without examination.
SEC. 4. That all nurses who are engaged in nursing at the time of the passage
of this Act and who shall show to the satisfaction of the said board that they are of good moral character and were graduated prior to April, 1906, from a training school, connected with a hospital or sanitarium giving a two years general training, or prior to the year, 1901, having given 18 months general training and who [which] maintains in other respects proper standards, shall be entitled to registration without examination. All persons who are in training in the wards of a general hospital or sanitarium in this State where a two years training with a systematic course of instruction is given at the time of the passage of this Act, and shall graduate hereafter, and possess the above quaification shall be entitled to registration without examination, provided such application be made to this board before the first regular meeting. All nurses who have served in the army or navy of the United States and have been honorably dischargd shall be entitled to registration without examination. It shall be unlawful hereafter for any person to practice nursing as a trained graduate or registered nurse without a certificate from the State Board of Nurse Examiners. A nurse who has received his or her certificate according to the provisions of this Act shall be styled and known as a “Registered Nurse." No other person shall assume such title or use the abbreviation "R. N.” or any other letters to indicate that he or she is a trained, graduate or registered nurse. The board in each instance shall require a registration fee of ten ($10) dollars.
SEC. 5. The State Board of Nurse Examiners shall have the power to revoke any certificate issued in accordance with this Act by a unanimous vote of said board, for gross incompetency, dishonesty, habitual intemperance, or any act derogatory to the morals or standing of the profession of nursing as may be determined by the board, but before any certificate shall be revoked, the holder thereof shall be entitled to at least thirty days notice in writing of the charge against him or her and of the time and place of hearing and determining of such charges, at which time and place he or she shall be entitled to be heard and in the event said certificate shall be revoked by said board, the holder of such certificate shall have right of action within thirty days hereafter in the district court of the county of the residence of any member of the board and said certificate shall remain in force until the question is finally decided by the courts. Upon revocation of any certificate, it shall be the duty of the secretary of the board to strike the name of the holder thereof from the roll of registered nurses.
SEC. 6. All fees received by the State Board of Nurse Examiners, under this Act shall be paid to the treasurer of said board, who shall pay the same out on vouchers issued and signed by the president and secretary of said board upon warrants drawn by the president of the State Board of Examiners. All money so received and placed in said fund may be used by the State Board of Nurse Examiners in defraying its expenses in carrying out the provisions of this Act.
SEC. 7. This Act shall not be construed to effect [affect] or apply to the gratuitous nursing of the sick by iriends or members of the family, or to any person nursing the sick for hire who does not in any way assume the practice as a trained, graduate or registered nurse.
SEC. 8. That any person violating the provisions of this Act or who shall make any false representations to said board in applying for a certificate, shall be guilty of a misdeineanor, and upon conviction be punished by a fine of not more than three hundred dollars.
Sec. 9. The fact that there is no previous legislation providing for the examination by a State board of trained nurses creates an emergency and imperative public necessity that the Constitutional rule requiring bills to be read on three several days be suspended, and the same is hereby suspended and that this [Act) shall take effect and be in force from and after its passage and it is so enacted.
Approved March 25, 1909.