brief, if written, to be not over eight pages, whereas for the convenience and economy of many litigants, fifteen pages, if written, should be allowed, 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.

Approved April 8, 1909.

Takes effect ninety days after adjournment.

PUBLIC ROADS-PROVIDING FOR IMPROVEMENT OF.

S. B. No. 87.]

CHAPTER 7.

An Act to authorize any county or political subdivision, or other defined district of a county, upon a vote of two-thirds majority of the resident property tax payers voting thereon, who are qualified electors of such county or political subdivision or defined district of the county to issue bonds or otherwise lend its credit in any amount not to exceed one-fourth of the assessed valuation of the real property of such county or political subdivision or defined district thereof, and to levy and collect taxes to pay the interest on said bonds, and to provide a sinking fund for the redemption thereof for the purpose of constructing, maintaining and operating macadamized, graveled and paved roads and turnpikes or in aid thereof, creating road districts, making them bodies corporate, creating the office of Road Superintendent, providing that any county operating under a special road law may take advantage of any of the provisions of this Act; repealing S. B. No. 264, passed by the Regular Session of the Thirty-first Legislature and H. B. No. 727, passed by the Thirtieth Legislature, and all other laws and parts of laws in conflict herewith, and declaring an emergency.

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

SECTION 1. Any county in this State, or any political subdivision or defined district now or hereafter to be described and defined, of a county, is hereby authorized and empowered to issue bonds or otherwise lend its credit in any amount not to exceed one-fourth of the assessed valuation of the real property of such county or political subdivision, or defined district thereof, and to levy and collect such taxes to pay the interest upon such bonds and provide a sinking fund for the redemption thereof, for the purpose of constructing and maintaining and operating macadamized, graveled or paved roads and turn-pikes, or in aid thereof.

SEC. 2. Upon the pettion of fifty or a majority of resident property tax-paying voters of any county, or political subdivision or defined district of any county in this State, to the county commissioners court of such county, such court shall have the power and it is hereby made its duty at any regular or special session thereof, to order an election to be held in such county, political subdivision or defined district thereof, to determine whether or not the bonds of such county, or political subdivision or defined district thereof, shall be issued in any amount not to exceed one-fourth of the assessed valuation of the real property of such county or political subdivision, or defined district for the purpose of constructing, maintaining or operating of macadamized, graveled or paved roads and turn-pikes, or in aid thereof; and at such election there shall)

also be submitted to such resident property tax-paying voters the question as to whether or not a tax shall be levied upon the property of said county or political subdivision or defined district thereof, subject to taxation, for the purpose of paying the interest on said bonds and to provide a sinking fund for the redemption thereof. The amount of bonds proposed to be issued with rate of interest thereon and date of maturity shall be stated in the order ordering said election, and in the notice therefor. SEC. 3. Notice of said election shall be given by publications in a newspaper published in the county for four successive weeks, and in addition thereto by posting notices at three public places in the county, one of which shall be at the court house door for three weeks prior to said election, if said proposed issue of bonds and levy of taxes is for the entire county. If said proposed issue of bonds and levy of taxes is for any political subdivision or defined district of the county, notice of such election shall be given by publishing in a newspaper published in the political subdivision or defined district in which such bond is proposed, and if no newspaper is published in such political subdivision or defined district, then in some newspaper published in the county, for four successive weeks, and by posting in at least three public places in such political subdivision or defined district of the county for three successive weeks prior to said election.

SEC. 4. The commissioners court of the county shall determine the time and place or places of holding such election; provided no such election shall be held at any time less than thirty days from the time of making of the order ordering the election. The manner of holding said election shall be governed by the general laws of the State when not in conflict with the provisions of this Act, and the returns of said election shall be made as now provided by law for making returns of elections held for the purpose of determining whether or not county bonds shall be issued.

SEC. 5. If, after the result of said election is known, it shall appear to the commissioners court of the county in which said election was held that a two-thirds majority of the votes cast at such election, were in favor of the issuance of bonds, it shall be the duty of said commissioners court, as soon thereafter as practicable, to issue said bonds on the faith and credit of said county, or of said political subdivision, or defined district now or hereafter to be described and defined within the State of Texas, and which may or may not include towns, villages, or municipal corporations of the county, as the case may be, which said bonds shall run not less than twenty nor more than forty years with such option of redemption as may be fixed by the commissioners court, and said bonds shall bear not more than five and one-half per cent interest per annum, and which bonds shall be examined by the Attorney General of Texas, and registered by the Comptroller of Public Accounts of Texas. Such bonds when so issued shall continue in the custody of and under the control of the commissioners court of the county in which they were issued, and shall be by said court sold to the highest and best bidder, for cash either in whole or in parcels, at not less than their par value, and the purchase money therefor shall be placed in the county treasury of such county to the credit of the available road fund of such county, or

of such political subdivision or defined district of such county, as the case may be. Such funds shall be paid out by the county treasurer upon warrants drawn on such funds issued by the county clerk of the county, countersigned by the county judge, upon certified accounts approved by the commissioners court of the county, when such funds belong to the entire county; and when such funds belong to a political subdivision or defined district of a county, such funds shall be paid out by the county treasurer upon warrants issued by the county clerk upon certified accounts of the road superintendent of such road district and approved by the commissioners court of the county. The general laws of Texas relative to county bonds, not in conflict herewith, shall apply to the issuance, approval, registration, sale and payment of the bonds herein provided for.

SEC. 6. Before said road bonds shall be put on the market, the county commissioners court of the county in which such election was held shall levy a tax sufficient to pay the interest on such bonds and to produce a sinking fund sufficient to pay the bonds at maturity; and provided further that said tax herein authorized shall be assessed and collected in the same manner as now provided by law for the assessment and collection of other road taxes, if for a whole county, and if for a political subdivision or other defined district of a county, then it shall be assessed and collected as is now provided by law for the assessment and collection of common school district special local taxes. And it is hereby made the duty of such commissioners court to levy such tax and it is hereby made the duty of the tax collector and assessor of such county wherein such taxes have been levied to assess and collect the same in the same manner and at the same time as other taxes. And said taxes when so collected by such collector, shall be by him paid over to the county treasurer of such county as and when other taxes are paid to the county treasurer. And the county treasurer of said county shall be custodian of all funds collected by virtue of this law and shall deposit the same with the county depository as county funds, and he shall pay the interest and principal as it becomes due on such bonds out of the funds so collected, in the same manner as the law directs in case of county court house bond funds.

SEC. 7. For the purpose of operating and being known under the provisions of this Act, each political subdivision or defined district now or hereafter to be described and defined for the employment of this Act in any county in this State shall be known as "Road District No...... of...... ...county, Texas," and the bonds herein provided for in such political subdivision or defined district in any county shall be known as "Road Bonds of Road District No..... of....

county, Texas," being definitely numbered and bearing the name of the county in which it is located. Provided, this Section shall apply only to districts composing less than a county, and shall not apply to bonds issued hereunder by a whole county, which county bonds shall be known as “.. . County Special Road Bonds," taking the name

of the county issuing the same.

For the purpose of this Act, any political subdivision of a county or defined district now or hereafter to be described and defined, accepting

the provisions of this Act by voting such tax, is hereby made and created a body corporate, which may sue and be sued in like manner as counties; provided no road district created under the provisions hereof shall ever be held liable for torts.

The county commissioner, in whose commissioner's precinct such political subdivision or defined district now or hereafter to be described and defined is located, shall be ex-officio road superintendent of said road district with power to contract for and in behalf of such road district; provided such contract shall not exceed the sum of $50.00, which shall be approved by the commissioners court, and all contracts exceeding the sum of $50.00 shall be awarded by the entire court, which contracts shall be binding on said county, political subdivision or defined district. When work is done by contract in any county, political subdivision or defined district, bids shall be invited by publishing an advertisement in a newspaper or newspapers published in such county, and in a paper or papers outside of the county when the commissioners court may deem it advisable to do so, and the contract shall be awarded to the lowest and best bidder; provided, however, that the commissioners court shall have the right to reject any and all bids.

SEC. 8. Laws heretofore enacted and known as Senate Bill No. 264, which was passed at the Regular Session of the Thirty-first Legislature and signed by the Governor on the twentieth day of March, 1909, also House Bill No. 727, passed by the Thirtieth Legislature, together with all other laws or parts of laws in conflict herewith, be and the same are hereby expressly repealed.

SEC. 9. Any county operating under a special road tax law may take advantage of any of the provisions of this Act.

SEC. 10. The fact that there is no adequate law now on the Statutes governing the issuance of bonds for road construction in political subdivisons or defined districts of the various counties of the State constitutes an emergency and an imperative public necessity requiring the suspension of the Constitutional rule requiring bills to be read on 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.

[NOTE. The enrolled bill shows that the foregoing Act passed the Senate by the following vote, yeas 28, nays 0; was referred to the House, amended and passed by the following vote, yeas 104, nays 3; and that the Senate concurred in the House amendments by the following vote, yeas 25, nays 1.]

Approved April 8, 1909.

Became a law April 8, 1909.

ELECTRIC POWER, LIGHTS AND WATERWORKS-PROVIDING SYSTEM FOR STATE INSTITUTIONS AT AUSTIN.

An Act to provide a system of electric power, electric lights and water works for the purpose of supplying electric power, electric light and water to the State Capitol, the General Land Office, Governor's Mansion, State University and the various public institutions of the State of Texas in the City of Austin and adjacent thereto; to create a board with authority to construct or have constructed or purchase and put in operation the necessary property, machinery and plant for such purpose, and with authority to lay mains and pipes and to erect poles and place wires across and along streets and alleys, public grounds and public highways in the City of Austin and public roads adjacent thereto, and to secure from the owners, by purchase or condemnation proceedings if necessary, the right to lay such mains and pipes and erect such poles and place such wires across private lands; to provide for the operation of such plant, to make an appropriation therefor, and to declare an emergency.

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

SECTION 1. That a board to consist of the Governor, the Attorney General and Comptroller of Public Accounts is hereby created to be known and designated as Water and Light Board, of which the Governor shall be chairman, and a majority of which board will constitute a quorum for the transaction of business; and said board is hereby authorized to provide a system of waterworks, electric light and power for the purpose of supplying with power, light and water the State Capitol, the General Land office, the Governor's Mansion, State University, and the various public institutions of the State of Texas in the City of Austin and adjacent thereto; provided, said board shall have authority to confer with the water and light corporation heretofore and now furnishing water and light for the several State institutions in the City of Austin and adjacent thereto, with a view to making a contract for water and light for a period of not less than two nor more than four years, and if a contract satisfactory to said board can be made with such corporation for water and light for said period, at a rate satisfactory to said board, then such contract shall be made and no new plant constructed.

SEC. 2. Said board shall have authority to employ a competent engineer or engineers to prepare plans and specifications for said plant or plants, but before any contract is made for said plant, the said board shall advertise for bids therefor for thirty days in some daily newspaper published in the City of Austin, and the contract shall be awarded the lowest and best bidder; provided, that the board shall have the right to reject any and all bids, and the contractor or the person or corporation to whom such contract is awarded shall execute a bond with good and sufficient surety or sureties in the amount of lis said bid, payable at the City of Austin, conditioned that the said contractor shall perform his contract according to the said plans and specifications and according to the terms of his said contract and to the satisfaction of said board. That said board shall have authority to make all such rules and regulations and orders as it may deem necessary and proper in the matter of said plans and specifications and the advertisement for said bids