26

GENERAL LAWS OF TEXAS.

"In the matter of the petition of... . . . . . . . and . . .

.others,

praying for the establishment of a drainage district in said petition described and designated as... ...County Drainage District No. be it known that an election called for that purpose in said district held on the....day of........ A. D. 19.., a two-thirds majority of the resident property tax payers voting thereon, voted in favor of the creation of said drainage district, and the issuance of bonds and the levy of a tax, now, therefore, it is considered and ordered by the court that said drainage district be, and the same is hereby established by the name of.......... County Drainage District No..... within the following metes and bounds," which field notes shall be copied into the record.

All drainage districts hereafter created shall bear the name of the county in which they may be located, as a part of their names, and shall be numbered consecutively as created and established by order of the commissioners court. Provided, however, that all districts heretofore established and otherwise named, but which have not, so far, issued bonds, may by an order of the county commissioners court of such county, have such district or districts renamed and numbered in accordance with the requirements of this Act.

Sec. 17. After the establishment of any drainage district as herein provided, the commissioners court shall appoint three drainage commissioners, all of whom shall be residents of the proposed drainage district, who shall be freehold tax payers and legal voters of the county, and shall have resided in such county for at least three years, whose duty, shall be as hereinafter provided, and who shall each receive for their services a sum of not more than two dollars and fifty cents ($2.50) per day for the time actually engaged in the work of said district; provided, the compensation (if any), shall have been definitely fixed in the order. of the court; and before any amount shall be paid said commissioners, or either of them, they shall make a detailed report to the commissioners court of the time actually consumed in the work for said district, and of the work done, and such report shall be audited and approved by the commissioners court. Said drainage commissioners shall hold office for the term of two years and until their successors have qualified, unless sooner removed by a majority vote of the county commissioners for malfeasance or nonfeasance in office. Upon expiration of the term of office of said drainage commissioners or in case of the resignation of any such commissioners the commissioners court shall appoint their successors by a majority vote; provided, that after the election estab lishing a drainage district, if a majority of the real property tax payers of such district residing in such county, present a petition to the county commissioners court, praying for an election in said district for the purpose of electing three drainage commissioners therefor, the county commissioners court shall immediately order an election to be held in said district for said purpose at the earliest legal time, and an election shall be held and the returns thereof made as hereinbefore provided for other elections, and the same qualifications hereinbefore provided for voting at other elections shall apply in said election. The commissioners court shall canvass said returns and declare the result at their next

regular or special session; and the three persons receiving the highest number of votes shall be declared elected. In the event the third highest vote be tied, the commissioners court shall elect the third drainage commissioner from among those receiving the third highest vote.

Provided further, that in districts wherein drainage commissioners have been heretofore appointed whenever a majority of the real property tax paying voters of such district shall file a petition with the county clerk of the county in which such district is situated requesting an election for drainage commissioners, the commissioners court shall at its next session, regular or special, order an election to be held in said. district for said purpose in accordance with the provisions of this Act.

Such commissioners so elected when duly qualified as required by this Act shall be the legal and rightful drainage commissioners for such district within the full meaning, intent and purpose of this law. All drainage district commissioners elected as herein provided shall hold their offices until the next regular election for State and county officers, and shall then and thereafter be elected every two years at such general election.

Sec. 22. After the establishment of any such drainage district, and after making and filing of such maps, profiles and estimates as provided for in Section 21 of this Act, the commissioners court shall make an order directing the issuance of drainage bonds for such district, sufficient in amount to pay for such proposed improvements, together with all necessary, actual and incidental expenses connected therewith, provided, however, that said bonds shall not exceed in amount one-fourth of the assessed value of the real property in such district, as shown by the last annual assessment thereof, made for State and county taxation, nor exceeding the amount specified in said order and notice of election.

Provided, however, that if after an election has been held establishing the district, the tax authorized or levied, and bonds authorized to be issued, or have been issued, as provided in this Act, the commissioners court shall consider it necessary to make any modification in the said drainage district or in any of the improvements therein, and issue additional bonds, upon the report of the engineer appointed by the drainage commissioners, as authorized by this Act, or upon the report of said drainage commissioners, or upon its own motion, shall have the right to order a hearing for said purposes, or either or any of them, and notice thereof shall be given as for original hearings, as in this Act provided, and upon the hearing of said matters, or any or either of them, the said commissioners court shall make such orders as it deems proper in the premises; and if such drainage district is modified or changed, or if the improvements therein proposed are changed or altered, and if additional bonds are considered necessary, the said commissioners court shall so find, and such findings entered of record, and a notice of an election for such changes in said district and improvements and the issuance of said bonds shall be held within such time and the returns of elections made as heretofore provided for in case of an original election, and if two-thirds majority of the property tax paying voters of the district voting thereon in favor of such change in such district, or improvements and issuance of bonds, the court shall enter the same of

record and order such bonds to be issued as in the manner otherwise provided in this Act.

Sec. 23. All bonds issued under the provisions of this Act shall be issued in the name of the drainage district, signed by the county judge and attested by the clerk of the county court, with the seal of the county commissioners court affixed thereto, and such bonds shall be issued in denominations of not less than one hundred nor more than one thousand dollars each, and such bonds shall bear interest at the rate not to exceed 5 per cent per annum, payable annually or semi-annually. Such bonds shall by their terms, provide the time, place or places, manner and conditions of their payment and the interest thereon, as may be determined and ordered by the county commissioners court, but none of such bonds shall be made payable more than forty years after the date thereof. Provided, however, in all drainage districts heretofore created and which have issued and registered bonds with the Comptroller under Chapter 40 of the Acts of the Thirtieth Legislature of Texas, approved March 23rd, 1907, that all proceedings had and done in connection with and leading up to the creation of such districts and the issuance of such bonds so registered except such bonds that were issued and registered with the Comptroller under Chapter 40 of the Acts of the Thirtieth Legislature of Texas in excess of the estimate before the commissioners court, when the election was ordered and held, be and the same are hereby held, deemed and declared to be, and to have been regular, valid and legal proceedings under the full intent, purpose and meaning of this law: and all such bonds so issued thereunder are hereby held, deemed and declared to be valid and binding obligations upon such drainage districts.

Sec. 29. All expenses, debts, and obligations, after the filing of the original petition, necessarily incurred in connection with the creation, establishment and maintenance of any drainage district organized under the provisions of this Act shall be paid out of the "Construction and Maintenance Fund" of such drainage district, which fund shall consist of all money received by said district from whatever source except such portion of the tax collection necessary to be applied to the sinking fund and payment of interest on the drainage bonds. Provided, that should the proposition of the creation of such drainage district and the issuance of bonds be defeated, at the election called to vote upon the same, then all expenses up to and including said election shall be paid in the following manner: When the original petition praying for the establishment of a drainage district is filed with the county commissioners court, it shall be accompanied by two hundred dollars in cash, which shall be deposited with the clerk of said commissioners court, and by him held until after the result of the election for the creation of said drainage district has been declared and entered of record by the commissioners court, as herein before provided, and should the result of said election be in favor of the establishment of said district, then the said two hundred dollars shall be by said clerk returned to the signers of said original petition or their agent or attorney; but should the result of said election be against the establishment of said drainage district, then the said clerk shall pay out of the said two hundred dollars, upon vouchers signed by the county judge, all costs and expenses pertaining to the said proposed drainage district up

to and including the said election, and shall return the balance, if any, of said two hundred dollars to the signers of said original petition or their agent or attorney.

Sec. 30. Whenever any such district drainage bonds shall have been voted, the commissioners court shall levy and cause to be assessed and collected, taxes upon all property within said drainage district, whether real, personal, mixed or otherwise, and sufficient in amount annually to pay the interest on such bonds as it shall fall due, together with an additional amount to be annually placed in a sinking fund sufficient to discharge and redeem said bonds at their maturity. If advisable, the sinking fund shall, from time to time be invested in such county, municipal, district or other bonds as shall be approved by the Attorney General of the State for the benefit of such drainage district. Provided, that in the assessment and collection of the taxes authorized by this Act, and in all matters pertaining thereto or connected therewith, said assessor and collector shall have the same powers and shall be governed by the same rules, regulations and proceedings as are provided by the laws of this State for the assessment and collection of taxes for State and county purposes, unless otherwise provided for in this Act. The taxes levied or authorized to be levied by this Act, shall be a lien upon the property for which said taxes are assessed and it shall be the duty of the commissioners court, and the said court shall have authority to fix and determine when said taxes shall mature, and upon the failure to pay said taxes when due the penalty provided by the laws of Texas for the failure to pay State and county taxes at maturity shall in every respect apply to taxes herein authorized to be assessed and levied.

Sec. 35. The county treasurer shall be the treasurer for such districts and shall execute a good and sufficient bond, payable to the drainage commissioners of such district in a sum equal to the amount of bonds issued, conditioned for the faithful performance of his duty as treasurer of such district, which bond shall be approved by the said drainage commissioners and the treasurer shall be allowed as compensation for his services as treasurer, one-half of one per cent upon all moneys by him so paid out upon orders of such districts. Provided, that the county judge, county treasurer, contractor, and all bonded officers of such district or districts may be officially bonded in some surety company approved by said drainage commissioners.

Sec. 41. Contracts for making and constructing canals, drains, ditches, and levees, straightening and cleaning water courses and other necessary work in connection with any drainage district, shall be let by the drainage commissioners to the lowest bidder, after giving notice by advertising the same in one or more newspapers of general circulation in the State of Texas, once a week for four consecutive weeks, and by posting notices for at least twenty days, in five public places in the county, one of which shall be at the court house door and at least two of which shall be within said drainage district, and the contract for each drain, canal, ditch, or levee, may be let separately or all together; provided, that all the improvements included in the report of the drainage engineer and adopted by the county commissioners court, as provided for in Sections 20 and 21 of this Act, shall be constructed.

30

GENERAL LAWS OF TEXAS.

Sec. 44. The party, firm or corporation to whom any such contract is let, shall give bond, payable to the drainage commissioners of said district, in the amount of the contract price, conditioned that he, they or it, will faithfully perform the obligations, agreements and covenants of their contracts, and that in default thereof will pay to said district all damages sustained by reason thereof. Said bond shall be approved by such drainage commissioners and the county judge.

SEC. 2. All laws and parts of law in conflict with the provisions of this Act be and the same are hereby repealed.

SEC. 3. The fact that there have been heretofore authorized and established under said Act of March 23, 1907, drainage districts in certain portions of this State, and that taxes have been levied and assessed for said drainage districts and bonds heretofore issued by said drainage districts, and the fact that there is some doubt as to the legality and regularity of the proceedings in the matter of the establishment of said districts, the assessment and collection of said taxes, and the issuance of said bonds, and it being for the public interest that all said doubts be removed and said acts and proceedings made legal, and the fact that many drainage districts have already been established and elections therein held, but such districts are retarded in their progress by reason of certain defects and inaccuracies in the present law which renders the drainage bonds less saleable, and which defects and inaccuracies this bill seeks to correct, constitutes 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 25, nays 1; and was referred to the House, amended and passed; that the Senate refused to concur in the House amendments, and the bill was referred to a Free Conference Committee; that the Free Conference Committee's report was adopted by the Senate by a two-thirds vote, yeas 27, nays 1; and by the House by a twothirds vote, yeas 115, nays 0.]

Approved February 19, 1909.

Became a law February 19, 1909.

HIDE AND ANIMAL INSPECTION-EXEMPTING CERTAIN COUNTIES FROM.

An Act to exempt the counties of Val Verde, Medina, Terrell, Jeff Davis, Jackson, Hidalgo, Bandera, Van Zandt, Mitchell, Ward, Rains, Erath, Crosby and Kaufman from the provisions and operations of Articles 5002 to 5042, inclusive, of Chapter 6, Title CII of the Revised Civil Statutes of 1895, amended by the Acts of the 28th and 29th Legislatures relating to the inspection of hides and animals, and repealing all laws in conflict therewith and declaring an emergency.

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

SECTION 1. That the counties of Val Verde, Medina, Terrell, Jeff Davis, Jackson, Hidalgo, Bandera, Van Zandt, Mitchell, Ward, Rains,