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the burden of proof shall be on the defendant company to prove that the investments required by this Act were made as herein required whenever the question of whether or not such investments were thus made is in issue.
SEC. 12. That each life insurance company engaged in doing or desiring to do business in this State shall file with the Commissioner of Insurance and Banking of this State an irrevocable power of attorney duly executed constituting and appointing the Commissioner of Insurance and Banking of this State and his successors in office, or any officer or board, which may hereafter be clothed with the powers and duties now devolving upon said commissioner, its duly authorized agent and attorney in fact for the purpose of accepting service for it or being served with citation in any suit brought against it in any court of this State, by any person, or by or to or for the use of the State of Texas, and consenting that the service of any civil process upon him as its attorney for such purpose in any such suit or proceeding shall be taken and held to be valid, waiving all claim and right to object to such service or to any error by reason of such service; and such appointment, agency and power of attorney shall by its terms and recitals provide that it shall continue and remain in force and effect so long as such company continues to do business in this State or to collect premiums of insurance from citizens of this State, and so long as it shall have outstanding policies in this State, and until all claims of every character held by the citizens of this State, or by the State of Texas against such company shall have been settled. And said power of attorney shall be signed by the president or a vice president and the secretary of such company, whose signatures shall be attested by the seal of the company, and said officer signing the same shall acknowledge its execution before an officer authorized by the laws of this State to take acknowledgments; and the said power of attorney shall be embodied in and approved by a resolution of the board of directors of such company, and a copy of such resolution, duly certified to by the proper officers of said company, shall be filed with the said power of attorney in the office of the Commissioner of Insurance and Banking of this State, and shall be recorded by him in a book kept for that purpose, there to remain a permanent record of said department.
SEC. 13. That whenever the Commissioner of Insurance and Banking of this State shall accept service or be served with citation in any suit pending against any life insurance company in this State as provided by Section 12 of this Act, he shall immediately enclose the copy of the citation served upon him, or a substantial copy thereof, in a letter properly addressed to the general manager or general agent of the company against whom such service is had, if it shall have a general manager or general agent within this State, and if not, then to the home office of the company, and shall forward the same by registered mail, postage prepaid, and no judgment by default shall be taken in any such cause until after the expiration of at least ten days after the general agent or general manager of such company, or the company at its home office, as the case may be, shall have received such copy of such citation, and the presumption shall obtain, until rebutted, that such notice was
received by such agent or company in due course of mail after being deposited in the mail at Austin.
SEC. 14. Any life insurance company, organized under the laws of this State, may, at its option, deposit with the Treasurer of this State securities in which its capital stock is invested, or securities equal in amount to its capital stock, of the class in which the law of this State permits insurance companies to invest their capital stock, and may, at its option, withdraw the same or any part thereof, first having deposited with the Treasurer in lieu thereof, other securities of like class and equal amount and value to those withdrawn. Any such securities before. being so originally deposited or substituted shall be approved by the Commissioner of Insurance and Banking, and when any such deposit is made the Treasurer shall execute to the company making such deposit a receipt therefor, giving such description of said stock or securities as will identify the same, and stating that the same are held on deposit as the capital stock investments of such company, and such company shall have the right to advertise such fact or print a copy of the Treasurer's receipt on the policies it may issue; and the proper officers or agent of each insurance company making such deposit shall be permitted at all reasonable times to examine such securities and to detach coupons therefrom and to collect interest thereon, under such reasonable rules and regulations as may be prescribed by the Treasurer and the Commissioner of Insurance and Banking of this State. The deposit herein provided for, when made by any company, shall thereafter be maintained so long as said company shall have outstanding any liability to its policy holders in this State.
SEC. 15. That any life insurance company which has deposited securities with the State Treasurer or other depository in accordance with the terms of the Act of the Thirtieth Legislature of the State of Texas, approved April 24, 1907, and published and known as Chapter CLXX of the General Laws of the Thirtieth Legislature, and which Act is repealed by Section 19 of this Act, may withdraw from such depository any securities so deposited upon the execution and delivery to the State Treasurer or other depository of a proper receipt, for such securities, which receipt shall release the State Treasurer or such other depository of all further liability on account of such deposit.
SEC. 16. That the provisions of this Act requiring investments in "Texas Securities" shall not apply to any life insurance company the total amount of whose "Texas Reserves" does not exceed $5000, or to any such company doing only a reinsurance business in this State, but all of the other provisions of this Act shall apply to such companies.
SEC. 17. The provisions of this Act shall not be held to apply to fraternal beneficiary associations as defined by the laws of this State. SEC. 18. That any life insurance company not desiring to engage in the business of writing life insurance in this State, but desiring to loan its funds in this State, may obtain a permit to do so by complying with the laws of this State relating to foreign corporations engaged in loaning money in this State without being required to secure a certificate of authority to write life insurance in this State.
SEC. 19. That the Act of the Legislature of Texas, approved April 24, 1907, and published and known as Chapter CLXX of the General
Laws of the Thirtieth Legislature, entitled "An Act to require all incorporated or mutual companies doing a life insurance business within this State, to invest a part of the reserve set apart on account and for the final payment of policies of insurance written on the lives of citizens of Texas in Texas and other securities and Texas property, or in the bonds of the United States or any state of the United States, and to define Texas securities and the property in which such investment may be made and to require that a part of the securities in which such reserve is invested be kept on deposit in the vaults of the Treasury of this State, or in National or State banks or trust companies in Texas, designated as depositories for the security of policy holders, and declaring an emergency," be, and the same is hereby repealed, and also that all other laws or parts of laws in conflict with the provisions of this Act, be, and the same are hereby repealed; provided, that nothing in this Act shall be held or construed to affect or destroy any rights of the State of Texas to collect penalties or gross receipts taxes from any life insurance company that withdrew from the State after January 1, 1907, but continued to collect premiums and issue renewal receipts on policies theretofore issued, as provided by the terms of Section 8 of the Act passed at the First Called Session of the Thirtieth Legislature approved May 16, 1907, and published and known as Chapter XVIII of the laws of said Session of said Legislature, providing for the levy of occupation taxes, and all taxes now due, or hereafter to become due under the provisions of said Act shall be and remain collectible by the State as provided therein, without prejudice to the State or to any company taking the benefit of the provisions of this Act.
SEC. 20. The fact that by reason of an error of engrossing in the enactment of said Act approved April 24, 1907, and repealed by Section 19 of this Act, life insurance companies now transacting business in this State are not allowed credit on their required Texas investments for loans to Texas policy holders unless the total amount of such loans equals 25 per cent of the total reserve on Texas policies, creates an emergency and an imperative public necessity exists that the Constitutional rule requiring bills to be read on three separate days, be and the same is hereby suspended, and that this Act take effect and be in force. 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 1; was referred to the Senate, amended and passed by the following vote, yeas 23, nays 4; and that the House concurred in the Senate amendments by the following vote, yeas 118, nays 1.]
Approved April 2, 1909.
Became a law April 2, 1909.
PRINTED BILLS-CHANGING FORM IN HOUSE OF
H. C. R. No. 3.]
HOUSE CONCURRENT RESOLUTION.
To provide for a change in the form of bills for the House of Representatives. Be it resolved by the Legislature of the State of Texas, both Houses concurring:
That the House of Representatives of the Thirty-first Legislature be authorized to change the form of the printed bills so as to provide for a page of forty lines of ten point type exclusive of the folio lines, each line to contain thirty-three and six-tenths ten point ems, for which contractor for printing shall be paid one dollar and thirty-one and onequarter cents per printed page.
Approved February 5, 1909.
SUPERINTENDENT OF PUBLIC BUILDINGS AND GROUNDS -AUTHORIZING TO REARRANGE ROOM OCCUPIED BY SECRETARY AND STENOGRAPHERS OF RAILROAD COMMISSION.
S. C. R. No. 2.] SENATE CONCURRENT RESOLUTION.
Whereas, by the Statutes of this State, the Superintendent of Public Buildings and Grounds is not authorized to make any change in the rooms or apartments in the Capitol set apart to any of the public officials of the State without the consent of the Legislature; and,
Whereas, by a rearrangement of the rooms now occupied by the Railroad Commission of Texas, additional accommodation for the members of the Commission can be supplied, with very small cost;
Now, therefore, be it resolved by the Senate, the House of Representatives concurring, that the Superintendent of Public Buildings and Grounds be and hereby is authorized to rearrange the room now occupied by the secretary and stenographers of the Railroad Commission, by constructing a partition across the same and making such other changes as may be necessary for the comfortable and convenient occupation of same. Approved February 13, 1909.
HOUSE BILL NO. 152-REQUESTING GOVERNOR TO RETURN SAME TO THE HOUSE FOR CORRECTION.
H. C. R. No. 9.] HOUSE CONCURRENT RESOLUTION.
Whereas, House Bill No. 152 has finally passed both Houses of the Legislature and been signed by the Speaker of the House and the President of the Senate, and has been sent to the Governor, and,
Whereas, a mistake was made in the original bill so that the emergency clause appears to read as follows:
"The Constitutional rule requiring bills to be read on three separate days be suspended and that this Act take effect and be in force from and after its publication, and it is so enacted," and,
Whereas, such emergency clause should hereafter read as follows:
"The Constitutional rule requiring bills to be read on three separate days be suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted." Now, therefore, be it resolved by the House, the Senate concurring, that the Governor, Hon. T. M. Campbell, be respectfully requested to return said House Bill No. 152 to the House in order that due and proper correction of such emergency clause be made.
Approved March 2, 1909.
RESOLUTION-GRANTING LEAVE OF ABSENCE TO THE JUDGE OF THE FORTIETH JUDICIAL DISTRICT
S. C. R. No. 7.] SENATE CONCURRENT RESOLUTION.
Resolved by the Senate, the House concurring, that Hon. F. L. Hawkins, Judge of the Fortieth Judicial District of Texas, be and is hereby permitted to absent himself from the State of Texas for a period of two months, July and August, of the year 1909.
Approved March 8, 1909.
FIXING TIME OF SINE DIE ADJOURNMENT.
H. C. R. No. 4.]
HOUSE CONCURRENT RESOLUTION.
Be it resolved by the House of Representatives, the Senate concurring, that the Regular Session of the Thirty-first Legislature shall stand adjourned sine die at 12 o'clock noon, Saturday, March 13, 1909.
[NOTE. The enrolled bill shows that the foregoing Resolution passed the House on February 15, 1909, no vote given; and was adopted by the Senate on March 6, 1909 ne vote given.]
PROPOSED AMENDMENT TO THE STATE CONSTITUTION IN
H. J. R. No. 6.]
HOUSE JOINT RESOLUTION.
To amend Section 3 of Article 7 of the Constitution of the State of Texas, in regard to the formation and taxing power of school districts.
Be it resolved by the Legislature of the State of Texas:
SECTION 1. That Section 3 of Article 7 of the Constitution of the State of Texas be so amended as to hereafter read as follows: