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EXECUTIVE OFFICE, STATE OF TEXAS, AUSTIN. I, T. M. Campbell, Governor of the State of Texas, by virtue of authority vested in me by the Constitution, do hereby call a Special Session of the Thirty-first Legislature to convene in the City of Austin, Texas, beginning at iwo o'clock, p. m., March 13, 1909, for the following pur
1. To enact adequate laws simplifying the procedure in both civil and criminal courts of this state, and to enact laws amending and changing the existing laws governing court procudure as will reduce the present unusual and unnecessary expense of litigation and as will tend to the speedy administration of justice in civil and criminal cases.
2. To enact laws providing for the prompt establishment of an effective system for the guaranty for the deposits of State banks of Texas, under the supervision and control of the State.
3. To enact laws for the establishment of additional experimental agricultural stations, especially in Central, West and Northwest Texas.
4. To enact adequate laws granting adequate authority and ample means to the State Health Department to properly safeguard the public health and to secure greater efficiency in our public health agencies.
5. To enact laws that will conserve and protect the oil and rice industries, with adequate provision for fixing and regulating the charges of canal and pipe line companies.
6. To enact laws or amendments to the present Statutes relating to the fish and oyster industries as may be necessary to promote the fish and oyster industries and to properly protect the interests of the people in this great food supply and to increase and protect the fisheries of Texas.
7. To consider and act upon such other matters as may hereafter be presented pursuant to Section 40, Article III of the Constitution of the State of Texas.
In testimony whereof, I have hereunto set my hand and caused the Seal of State to be affixed at Austin, this the 13th day of March, A. D.; 1909.
T. M. CAMPBELL, (Seal.)
Governor of Texas. By the Governor:
W. B. TOWNSEND, Secretary of State.
THE STATE OF TEXAS
DEPARTMENT OF STATE.
I, W. B. Townsend, Secretary of State of the State of Texas, do hereby certify, That the attached and foregoing is a true and correct copy of the proclamation issued by the Governor of ’he State «f Texas convening the Thirty-first Legislature of the State of Texas in Special Session, as is evidenced by the record of said proclamation on page 40 of Executive Record of Proclamations of this Department.
In testimony whereof,I have hereunto signed my naine officially and caused to be impressed hereon the Seal of State at my office in the City of Austin, Texas, this the 13th day of July, A. D., 1909.
V. B. TOWNSEND, (Seal.)
Secretary of State.
FIRST CALLED SESSION
THIRTY-FIRST LEGISLATURE, 1909.
APPROPRIATIONS_PER DIEM OF MEMBERS OF FIRST
CALLED SESSION OF THIRTY-FIRST LEGISLATURE. S. B. No. 3.]
CHAPTER 1. An Act making appropriation to pay the per diem pay of members and per diem
pay of officers and employes of the First Called Session of the Thirty-first Leg. islature of the State of Texas, convened March 13, 1909, by proclamation of the Governor, and declaring an emergency. Be it enacted by the Legislature of the State of Texas:
SECTION 1. That the sum of thirty-three thousand dollars, or so much thereof as may be necessary be and the same is hereby appropriated out of any money in the State Treasury, not otherwise appropriated, for the payment of per diem pay of members and per diem pay of officers and employes of the First Called Session of the Thirtyfirst Legislature.
SEC. 2. The certificate of the Secretary of the Senate approved by the President thereof, or of the Chief Clerk of the House approved by the Speaker thereof shall be sufficient evidence to the Comptroller upon which he shall audit the claims and issue the warrants upon the Treasurer for the respective amounts.
SEC. 3. Whereas, the First Called Session of the Thirty-first Legislature is now in session, and public policy requires their payment, therefore an imperative public necessity exists that the Constitutional rule requiring bills to be read on three several days be suspended, and it is so 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-third vote, yeas 23, nays 0; and passed the House by a two-thirds vote, yeas 89, nays 0.]
Approved March 19, 1909.
APPROPRIATIONS—TO DEFRAY CONTINGENT EXPENSES
OF THE FIRST CALLED SESSION OF THE
THIRTY-FIRST LEGISLATURE. S. B. No. 1.]
CHAPTER 2. An Act making appropriation to defray the contingent expenses of the First
Called Session of the Thirty-first Legislature of the State of Texas, convened
March 13, 1909, by proclamation of the Governor, and declaring an emergency. Be it enacted by the Legislature of the State of Texas:
SECTION 1. That the sum of ten thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury, not otherwise appropriated, to pay the contingent expenses of the First Called Session of the Thirty-first Legislature, convened March 13th, 1909, by the proclamation of the Governor, and that the approval of the chairman of the committee on contingent expenses of either House as the case may be, shall be sufficient authority to authorize the Comptroller to issue his warrant on the State Treasurer for the payment of any account so drawn against said funà.
SEC. 2. That the public importance of the object herein contemplated creates an imperative public neecssity and emergency fully authorizing the suspension of the Constitutional rule requiring bills to be read on three several days in each House, and said rule is hereby 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 Senate by a two-thirds vote, yeas 22, nays 0; and passed the House by a two-third vote, yeas 89, nays 0.]
Approved March 19, 1909.
LIFE INSURANCE-IMPOSING OCCUPATION TAX ON COM
PANIES NOT ORGANIZED UNDER LAWS OF TEXAS. H. B. No. 71.]
CHAPTER 3. An Act imposing an occupation tax upon life insurance companies not organized
under the laws of this State, and fixing the rate of such tax, and prescribing
the method of its collection, and declaring an energency. Be it enacted by the Legislature of the State of Texas:
SECTION 1. Each life insurance company not organized under the laws of this State, transacting business in this State, shall on or before the first day of March, 1910, and annually thereafter, make a report to the Commissioner of Insurance and Banking of this State, which report shall be sworn to by either the president or vice president and secretary or treasurer of such company, and which shall show the gross amount of premiums collected during the year ending on December 31st, preceding, from citizens of this State upon policies of insurance; and each such company shall pay annually an occupation tax equal to three per cent of such gross premium receipts ; provided, that when the report of the investment in Texas securities, as defined by law, of any such companies as of December 31st, of any year, shall show that it has invested on said date as much as thirty per cent of its total Texas reserves, as defined by law, in promisory notes or other obligations secured by mortgage, deed of trust, or other lien on Texas real estate, the rate of occupation tax shall be reduced to two and six-tenths per cent; and when such report shall show that such company has so invested on said date as much as sixty per cent of its total Texas reserve, the rate of such occupation tax shall be reduced to two and three-tenths per cent; and when such a report shall show that such company has so invested, said date, as much as seventy-five per cent of its total Texas reserve,
the rate of such occupation tax shall be reduced to two per cent; provided, that all such companies shall in any event make the investments in Texas securities in proportion to the amount of Texas reserves as required by law. Such occupation taxes shall be for and on account of the business transacted within this State during the calendar year in which such premiums were collected or for that portion thereof during which the company shall have transacted business in this State while this Act was in force and effect.
Upon the receipt of sworn statements showing the gross premium receipts of such company, the Commissioner of Insurance and Banking of this State shall certify to the Treasurer of this State the amount of taxes due by such company for the preceding year, which taxes shall be paid to the State Treasurer for the use of the State, by such company. Upon his receipt of such certificate, and the payment of such tax, the Treasurer shall execute a receipt therefor, which receipt shall be evidence of the payment of such taxes, and no such life insurance company shall receive a certificate of authority to do business in this State until such taxes are paid. If upon the examination of any company, or in any other manner, the Commissioner of Insurance and Banking shall be informed that the gross premium receipts of any year exceed in amount those shown by the report thereof, theretofore made as above provided, it shall be the duty of such commissioner to file with the State Treasurer a supplemental certificate showing the additional amount of taxes due by such company, which shall be paid by such company upon notice thereof. It shall be the duty of the State Treasurer of this State if, within fifteen days after the receipt by him of any certificate or supplemental certificate provided for by this Section, the taxes due as shown thereby have not been paid, to report the facts to the Attorney General, who shall immediately institute suit in the proper court in Travis county to recover such taxes.
SEC. 2. All laws and parts of laws in conflict herewith are hereby repealed.
Sec. 3. That the fact that the current rate of interest on land mortgages in this State is much greater than the rate of interest upon land mortgages in other agricultural states in which such securities are of less value, and less desirable from the standpoint of the investor, and that the passage of this Act will tend to invite a heavy inflow of cheap money to this State for investment in land mortgages, and to reduce the rate of interest thereon, and thereby to promote the development of the State, and to create opportunities for those who are without homes to acquire homes, creates an emergency and an imperative public necessity that the Constitutional rule requiring bills to be read on three several days be suspended, and it is hereby suspended, and that this Act shall 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 a two-thirds vote, yeas 107, nays 0); and passed the Senate by a two-thirds vote, yeas 23, nays 3.]
Approved April 7, 1909.