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Sec. 3. One-fourth of the revenue derived from the State occupation taxes and a poll tax of $1 on every male inhabitant of this State between the ages of 21 and 60 years shall be set apart annually for the benefit of the public free school, and in addition thereto there shall be levied and collected an annual ad valorem State tax of such an amount, not to exceed 20 cents on the $100 valuation, as with the available school fund arising. from all other sources, will be sufficient to maintain and support the public free schools of this State for a period of not less than six months in each year, and the Legislature may also provide for the formation of school districts by general or special law, without the local notice required in other cases of special legislation, and all such school districts, whether created by general or special law, may embrace parts of two or more counties. And the Legislature shall be authorized to pass laws for the assessment and collection of taxes in all said districts and for the management and control of the public school'or schools of such districts, whether such districts. are composed of territory wholly within a county or in parts of two or more counties. And the Legislature may authorize an additional ad valorem tax to be levied and collected within all school districts, heretofore formed or hereafter formed, for the further maintenance of public free schools, and the erection and equipment of school buildings therein, provided that a majority of the qualified property taxpaying voters of the district, voting at an election to be held for that purpose, shall vote such tax, not to exceed in any one year 50 cents on the $100 valuation of the property subject to taxation in such district, but the limitation upon the amount of school district tax herein authorized shall not apply to incorporated cities or towns, constituting separate and independent school districts.

SEC. 2. That the above and foregoing proposed amendment shall be duly published once a week for four weeks commencing at least three (3) months before a special election to be held for the purpose of voting upon such proposed amendment on the first Tuesday in August, 1909, in one weekly newspaper of each county in the State of Texas in which such newspaper may be published. And the Governor shall and he is hereby directed to issue the necessary proclamation for the submsision of this proposed amendment to the qualified electors for members of the Legislature. At such election all persons favoring such amendment shall have written or printed on their ballots the words, "For the amendment to Section 3, of Article 7, of the Constitution in regard to the formation and taxing power of school districts," and those opposed thereto shall have written or printed on their ballots the words, "Against the amendment to Section 3, of Article 7, of the Constitution in regard to the formation and taxing power of school districts."

SEC. 3. That $5000 or as much thereof as may be necessary, be and the same is hereby appropriated out of any money in the Treasury not otherwise appropriated, to defray the expenses of advertising and holding the election provided for above.

[NOTE. The enrolled bill shows that the foregoing Resolution passed the House by the following vote, yeas 112, nays 0; and passed the Senate by the following vote, yeas 25, nays 0.]

CLAIMS REQUESTING THE GOVERNOR TO INVESTIGATE
AN UNSETTLED CLAIM AGAINST THE UNITED STATES
BY THE STATE OF TEXAS FOR PROTEC-
TION OF HER FRONTIER.

H. C. R. No. 12.] HOUSE CONCURRENT RESOLUTION.

Whereas, there still exists an unsettled claim of the State of Texas against the United States for protection of her frontier against Indian depredations and Mexican marauders, from February 28, 1855, to December 31, 1860, which, on account of not having been discovered until the month of September, 1908, was not included in the claim of Texas for $396,81.89, made up out of the amounts paid out of the several appropriations by the State for protection of her frontier during the period heretofore stated, which sum was reimbursed to the State by Act of Congress in the general deficiency bills for the fiscal years 1906 and 1908, as follows:

Fifty-ninth Congress in May, 1906...
Sixtieth Congress in May, 1908.

Total ....

.$375,118 95 21,395 95

.$396.814 89

This being amount of the claim as originally made by the Adjutant General's Department, and submitted under a resolution of Congress to the Secretary of War, in January, 1905.

Whereas, that during the time of the preparation of the said claim, as reimbursed, there was no evidence of record obtainable that more than the sum of $101,416.74 had been paid out of an appropriation of $300,000.00 made by the Seventh Legislature of Texas, approved February 3, 1860, for the protection of the frontier, and owing to that fact, only that amount out of said appropriation was included in the original claim for $396,814.89. It was disclosed by a foot-note to the account for payments out of said appropriation of $300,000.00 that the sum of $198,368.83 was transferred to a military ledger and afterwards paid out in accordance with an Act of the Seventh Legislature for supplies and pay of State troops called into service in the latter part of the year 1859, and the first part of the year 1860, by Governor Sam Houston. This military ledger was discovered, as heretofore stated, during the month of September, 1908, as well as the original vouchers covering every evtry in said ledger.

Whereas, as this unsettled claim for the protection of the frontier of this State is clearly established by record evidence in a sum not less than $184,000.00,

Therefore be it resolved, by the House of Representatives, the Senate concurring, that the Governor of this State be, and he is hereby requested to investigate the above facts, and if he finds them true as stated, then to take such steps as may be necessary to collect the claim, and have the amount so collected placed in the Treasury of the State.

Be it further resolved that no commissioner [commission] or sum of money shall be paid by the State, other than the actual expense incurred in the preparation and presentation of the claim, which shall

rot exceed the sum of $2,000.00, and that the said claim shall be collected through the Adjutant General's Department of this State, and the Texas delegation in Congress.

Approved March 17, 1909.

PROPOSED AMENDMENT TO THE STATE CONSTITUTION VALIDATING SCHOOL DISTRICTS AND THEIR BONDED INDEBTEDNESS AND AUTHORIZING LEVY AND COLLECTION OF TAXES TO PAY SUCH

H. J. R. No. 5.]

INDEBTEDNESS.

HOUSE JOINT RESOLUTION.

To amend, Article 7 of the Constitution of the State of Texas by adding thereto Section 3a, validating school districts and the bonded indebtedness of such districts and authorizing the levy and collection of taxes to pay such indebted

ness.

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

SECTION 1. That Article 7 of the Constitution of the State of Texas be amended by adding thereto a new Section, to be known as Section 3a, which shall read and be as follows:

Sec. 3a. Every school district heretofore formed, whether formed under the general law or by special Act, and whether the territory embraced within its boundaries lies wholly within a single county or partly i. two or more counties, is hereby declared to be, and from its formation to have been, a valid and lawful district.

All bonds heretofore issued by any such districts which have been approved by the Attorney General and registered by the Comptroller are hereby declared to be, and at the time of their issuance to have been, issued in conformity with the Constitution and laws of this State, and any and all such bonds are hereby in all things validated and declared to be valid and binding obligations upon the district or districts issuing

the same.

Each such district is hereby authorized to, and shall, annually levy and collect an ad valorem tax sufficient to pay the interest on all such bonds and to provide a sinking fund sufficient to redeem the same at maturity, not to exceed such a rate as may be provided by law under other provisions of this Constitution. And all trustees heretofore elected in districts made up from more than one county are hereby declared to have been duly elected, and shall be and are hereby named as trustees of their respective districts, with power to levy the taxes herein authorized until their successor shall be duly elected and qualified as is or may be provided by law.

SEC. 2. That the above and foregoing proposed amendment shall be duly published once a week for four weeks commencing at least three months before a special election to be held for the purpose of voting upon such proposed amendment on the first Tuesday in August, 1909, in one weekly newspaper of each county in the State of Texas in which such a newspaper may be published. And the Governor be, and he is hereby directed to issue the necessary proclamation for the submission

of this proposed amendment to the qualified electors for members of the Legislature. At such election all persons favoring such amendment shall have written or printed on their ballots the words, "For the amendment to Article 7 of the Constitution validating school districts and school district bonds," and those opposed thereto shall have written or printed on their ballots the words, "Against the amendment to Article of the Constitution validating school districts and school district bonds."

SEC. 3. That $5000.00, or as much thereof as may be necessary be, and the same is hereby appropriated out of any money in the Treasury not otherwise appropriated, to defray the expenses of advertising and holding the election provided for above.

[NOTE. The enrolled bill shows that the foregoing Resolution passed the House by the following vote, yeas 120, nays 0; was referred to the Senate, amended and passed by the following vote, yeas 26, nays 0; and that the House concurred in the Senate amendments by the following vote, yeas 106, nays 0.]

SUPERINTENDENT OF PUBLIC BUILDINGS AND GROUNDSREQUESTING SUPERINTENDENT TO LOCATE SITE FOR ERECTION OF MONUMENT TO VALOR

S. C. R. No. 3.]

OF HOOD'S TEXAS BRIGADE.

SENATE CONCURRENT RESOLUTION.

Whereas, the Hood's Texas Brigade Monument Committee desire to erect a monument upon the Capitol grounds to Hood's Texas Brigade, whose deeds of valor and patriotic sacrifice are inseparable from the history of '61 to '64, and contribute much to the glory of Texas.

Therefore, resolved by the Senate, the House concurring, that the Superintendent of Public Buildings and Grounds be and is hereby authorized and directed to select a suitable place upon the enclosed grounds around the Capitol Building in the City of Austin, upon which may be erected a monument to the valor of Hood's Texas Brigade, that the same may ever stand an inspiration of patriotism to the sons and daughters of Texas, said monument to be erected under the direction of Hood's Texas Brigade Monument Committee.

Resolved, further, that the Superintendent of Public Buildings and Grounds is hereby requested to locate and designate said site agreeable as near as may be to the said Hood's Texas Bridage Monument Committee and to assist and co-operate with said committee in all ways not in conflict with his public duty.

Approved March 17, 1909.

PROPOSED AMENDMENT TO THE STATE CONSTITUTION AUTHORIZING CITIES AND TOWNS WITH A POPULATION IN EXCESS OF 5,000 TO BE INCORPORATED BY SPECIAL ACT.

S. J. R. No. 6.]

SENATE JOINT RESOLUTION.

To amend Article 11, Sections 4 and 5, of the Constitution of the State, authorizing cities and towns within the State of Texas to be incorporated by special Act where the population exceeds five thousand inhabitants.

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

SECTION 1. That Article 11, Sections 4 and 5, be amended so that the same shall hereafter read and be as follows:

Section 4. Cities and towns having a population of five thousand or less may be chartered alone by general law. They may levy, assess and collect an annual tax to defray the current expenses of their local government, but such tax shall never exceed for any one year one-fourth of one per cent, and shall be collectible only in current money, and all licenses and occupation taxes levied and all fines, forfeitures, penalties and other dues accruing to cities and towns shall be collectible only in current money.

Section 5. Cities having more than five thousand inhabitants may have their charters granted or amended by special Act of the Legislature and may levy, assess and cllect such taxes as may be authorized by law, but no tax for any purposes shall ever be lawful for any one year which shall exceed two and one-half per cent of the taxable property of such city; and no debt shall ever be created by any city or town unless at the same time provision be made to assess and collect annually a sufficient sum to pay the interest thereon and create a sinking fund of at least two per cent thereon.

SEC. 2. That the above and foregoing proposed amendment shall [be] duly published once a week for four weeks commencing at least three months before a special election to be held for the purpose of voting upon such proposed amendment on the first Tuesday in August, 1909, in one weekly newspaper of each county in the State of Texas in which such a newspaper may be published, and the Governor be, and he is hereby directed to issue the necessary proclamation for the submission of this proposed amendment to the qualified voters for members of the Legislature.

At such election all persons favoring such amendment shall have written or printed on their ballots the words: "For the amendment to Article 11, Sections 4 and 5, of the Constitution," and those opposed thereto shall have written or printed on their ballots the words: "Against the amendment to Article 11, Sections 4 and 5, of the Constitution."

SEC. 3. That $5000, or as much thereof as may be necessary, be and the same is hereby appropriated out of any money in the Treasury not otherwise appropriated, to defray the expenses of advertising and holding the election provided for above.

[NOTE. The enrolled bill shows that the foregoing Resolution passed the Senate by a two-thirds vote, yeas 22, nays 1; and passed the House by the following vote, yeas 92, nays 13.]

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