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as shall be necessary, and shall pay for same such salaries as may be fixed by such superintendent and approved by the Governor; provided that said superintendent shall live at said State Home for Lepers and be in active management and control of said Home subject to the limitations of this Act.
SEC. 6. All payments of money necessary under the provisions of Section 5 of this Act shall be made by warrant on the State Treasury drawn by the Comptroller based upon vouchers signed by the superintendent of the Home for Lepers and approved by the Governor.
SEC. 7. Any person within this State who shall knowingly harbor or conceal any leper shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than fifty dollars and not more than five hundred dollars for every day of such concealment.
SEC. 8. There is hereby appropriated from the general revenue of this State the surn of forty thousand dollars or as much thereof as may be necessary for the purpose of carrying into effect this Act, and to purchase such site and erect and equip such buildings as herein provided for, and for the maintenance of such institution for the fiscal years ending August 31, 1910, and August 31, 1911.
SEC. 9. The fact that there is now a number of cases of leprosy within this State, and that same for all time has been considered to be a pestilential and loathsome disease, and the further fact [that] there now exists no means for isolating and caring for persons suffering with the disease of leprosy, create an emergency and an imperative public necessity requiring that the Constitutional requirement that a bill be read on three several days in each House 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 the following vote, yeas 28, nays 0; was referred to the House, amended and passed by the following vote, yeas 90, nays 3; and that the Senate concurred in the House amendments by the following vote, yeas 28, nays 0.]
Approved April 21, 1909.
CITATIONS_RELATING TO IN THE SALE OF LAND BY EX
ECUTORS OR ADMINISTRATORS.
S. B. No. 15.]
CHAPTER 27. An Act to amend Chapter 22 of Title XXXIX of the Revised Civil Statutes of
Texas of 1895, by amending Article 2125 of said Chapter, relating to citations in the sale of land by executors or administrators of estates of decedents, and
declaring an emergency. Be it enacted by the Legislature of the State of Texas:
SECTION 1. That Article 2125 of Chapter 22, Title XXXIX of the Revised Civil Statutes of Texas of 1895, be so amended as to hereafter read as follows:
Article 2125. Such citation shall be posted in the manner required for other citations for at least twenty days before the first [day] of the term of the court at which such application is to be heard, and shall be returned and the citation and return recorded in like manner as other citations and returns thereon.
SEC. 2. The fact that there is a conflict as to the time required for the posting of citations in the sale of land by administrators, executors and guardians 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 this bill take effect and be in force from and after its passage, and it is so enacted.
Approved April 21, 1909.
STATE HEALTH OFFICER-AUTHORIZING HIM TO
LATE INDIGENT CONSUMPTIVES.
S. B. N. 64.]
CHAPTER 28. An Act to authorize and empower the State Health Officer to isolate and returu
to their homes indigent consumptives sojourning in other sections of the State; providing appropriation to carry this law into effect; and declaring an emergency. Be it enacted by the Legislature of the State of Texas :
SECTION 1. Hereafter when any indigent person suffering from tuberculosis and is sojourning in any other county than his residence makes application for financial relief to any county health officer or commissioners court of any county in this State, or the mayor or health officer of any city in this State, before any relief is granted, he shall make an affidavit that he is indigent and unable to provide for himself. When such affidavit is made it shall be the duty of the county health officer, mayor, city health officer or county judge to forth with notify the State Health Officer of the case, giving the name of the patient and the place of his residence. If such patient is a bona fide citizen of any county within the State of Texas it shall be the duty of the State Health Officer, and he shall have the power, to purchase a ticket for said patient and furnish him with sufficient additional means to purchase food en route to his former home and return such patient thereto.
SEC. 2. An appropriation of $10,000.00, or so much thereof as necessary, is hereby made from the general revenue of this State, not otherwise appropriated, for the purpose of carrying this law into effect, and shall be paid out upon the warrant of the Comptroller upon the verified account of the person receiving the aid, approved by the State Health Officer and the county judge of the county where such patient is so temporarily sojourning.
Sec. 3. The fact that many persons of indigent circumstances go to the counties in the western part of the State seeking relief from the dreadful disease of tuberculosis and soon become charges on the charity of the people of that section of the State, creating demands upon the humanitarianism and benevolence of such people far beyond their ability
to meet all such requirements, creates an emergency and imperative public necessity that 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.
Approved April 21, 1909.
LOCAL OPTION ELECTIONS- PRESCRIBING FORM OF BAL
LOT IN S. B. No. 65.]
CHAPTER 29. An Act to amend Articles 3388 and 3389, 'Title LXIX, Revised Civil Statutes of
the State of Texas, 1895, prescribing the form of ballot to be used in local option elections, and making the general election law control in such local
option clections whenever applicable, and declaring an emergency. Be it enacted by the Legislature of the State of Teras:
SECTION 1. That Articles 3388 and 3389, Title LXIX, Revised Civil Statutes of the State of Texas, 1895, be so amended as to hereafter read as follows:
Article 3388. At said election the vote shall be by official ballot which shall have printed or written at the top thereof in plain letters the words “Official Ballot." Said ballot shall have also written or printed thereon the words “For Prohibition” and the words “Against Prohibition,” and the clerk of the county court shall furnish the presiding officer of each voting box within the proposed limits with a number of such ballots to be not less than twice the number of qualified voters at such voting boxes, and the presiding officer of each such voting box shall write his name on the hack of each ballot before delivering the same to the voter, and the person offering to vote at such election shall, at the time he offers to vote, be furnished by such presiding officer with one such ballot, and no voter shall be permitted to depart with such ballot and shall not be assisted in voting by any person except such presiding officer or by some officer assisting in the holding of such election, under the direction of such presiding officer when requested to do so by such voter.
Those who favor the prohibition of the sale of intoxicating liquors within the proposed limits shall erase the words “Against Prohibition" by making a pencil mark through same, and those who oppose it shall erase the words "For Prohibition" by making a pencil mark through same. No ballot shall be received or counted by the officers of such election that is not an official ballot, and that has not the name of the presiding officer of such election written thereon in the handwriting of such presiding officer, as required by this Act.
Article 3389. The officers holding said election shall, in all respects not herein specified, conform to the general election laws now in force regulating elections; and after the polls are closed shall proceed to count the votes, and within ten days thereafter make due report of said election to the aforesaid court.
The general election law passed at the First Called Session of the
Twenty-ninth Legislature known as Chapter 11, page 520, of the General Laws of the Twenty-ninth Legislature as amended by the Acts of the Thirtieth Legislature, shall govern in all respects as to the qualifications of the electors, the method of holding such elections and in all other respects, whenever said general law does not conflict with this Title and whenever such general law can be made applicable to elections held under this Title.
SEC. 2. The fact that local option elections are being frequently held in this State, and that there is no official ballot provided by law to be used at such elections, creates an emergency and an imperative public necessity for the suspension of the Constitutional rule requiring bills to be read, on three several days, and that this Act shall 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 24, navs 0; and passed the House by a two-thirds vote, veas 89, navs 2.]
Approved April 21, 1909.
TEXAS STATE BOARD OF HEALTH-CREATING SAME AND
PROVIDING FOR ITS ORGANIZATION. S. B. No. 8.]
CHAPTER 30. An Act to carry into effect Article 32, Section 16, of the Constitution of the State
of Texas in relation to a Texas State Board of Health and Vital Statisties Department; to abolish the present Department of Public Health and Vital Statistics; to create a Texas State Board of Health; to provide for the appointment and organization of said board, and the name of its officers; to provide for the designation by the Governor of one member of said board as State Health Officer; to provide for the operation and maintenance of the State quarantine service; to define the qualifications of the members, officers and employes of the State Board of Health; to fix their salaries, and provide for office quarters and appliances of said board; to define the status of said board with relation to courts of the State; to confer upon said board discretionary powers concerning the defining and investigating nuisances detrimental to public health, and the investigating and regulating of water supply and other investigations necessary concerning matters of public health and sanitation and quarantine and for general discretionary powers concerning matters of public health and saritation; and to delegate to said board under the poiice powers of this State authority to prepare, adopt, enact, promulgate and put into effect rules and regulations and requirements governing the promotion and protection of public health and safety, such rules and regulations to be incorporated into what shall be known as a Sanitary Code for Texas; to prescribe penalties within certain limits for the voliation of the rules and regulations specified by said code; to define the duties of the courts of this State with respect to the enforcement of obedience and to the process of said board; to define the duties of the court with respect to compelling obedience and respect of witnesses when summoned to testify before said board; providing for compelling attendance by said board of witnesses in an investigation involving the exercise of discretionary powers of said board, and declaring that any witness falsely testifying before said board shall be guilty of perjury; to confer upon the officers, members and inspectors of said board power of peace officers with power to make arrests for violation of the sanitary code and the health and sanitary laws of the State; to define the duties of the courts of the State relative to the enforcement of the law, rules, regulations and ordinances of the Sanitary Code for Texas; to define the duties of all peace officers of the State relative to apprehending and arresting offenders against said Sanitary Code for Texas; to confer upon said board power and authority to revise and amend the Sanitary Code for Texas, and to provide a method for promulgating and enforcing such amendments and revisions; to abolish the office of county physician in the several counties of this State and to create and define the office of county health officer instead, and to define the powers of said county health oflicers, and to prescribe penalties for neglect of duty on the part of said county health oflicer; to abolish the office of city physician within this State in the several incorporated cities and towns, and to create instead the office of city health officer; to define the qualifications and duties of city health oflicer, and the method of appointment to oflice, and a method of removal from office, and prescribing penalties for neglect of duty on part of city health officers; providing for annual conferences of county health officers and city
health officers; and to declare an emergency. Be it enacted by the Legislature of the State of Texas:
SECTION 1. That the Department of Pubic Health and Vital Statistics as now existing under the laws of this State is hereby abolished, and that there be created and established in its stead a State Board of Health, to be officially designated as Texas State Board of Health, which shall consist of seven members, who shall be legally qualified practicing physicians, who shall have had at least ten years experience in actual practice of medicine within the State of Texas, of good professional