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and shall locate said normal college where it will most efficiently serve the State; provided, that the committee shall not sacrifice the permanent advantage of any location to the donations offered by any other place.
SEC. 4. It shall be the duty of the Attorney General of the State of Texas to examine and approve the abstract of the title to any and all real estate that may be donated by the people of the town or city that may be selected as the location of said normal college, before the location shall be finally made. And any cash that may be offered and accepted as a bonus to secure the location of said college shall be used in the construction of suitable buildings herein provided, in lieu of an equal amount that may have been appropriated by the Thirty-first Legislature with which to construct and equip the necessary building or buildings; provided, that the town or city or people securing the location of said college shall furnish sufficient lands upon which to locate it without cost to the State of Texas; provided, the grounds upon which said college shall be erected shall not be less than five acres.
SEC. 5. The said committee on location may employ a clerk at a salary not to exceed one hundred ($100.00) dollars per month and traveling and office expenses and shall make a full report to the State Board of Education of all their deliberations setting forth the donations and inducements offered by such town or city, that bid for the location, and their decision, locating said West Texas State Normal College.
SEC. 6. Immediately after receiving the report of said committee on location the State Board of Education shall name a local board of three citizens resident in the city or county in which said West Texas State Normal College is located who shall perform such service as the State Board of Education may prescribe.
SEC. 7. The State Board of Education shall immediately after receiving the report of said location committee proceed at once to secure plans and specifications for the building or buildings of said West Texas State Normal College, and to let the contract to the lowest responsible bidder for the erection of said building or buildings. Provided, that said building or buildings shall be ready for use by September 1, 1910; provided further that it shall be lawful for the State Board of Education to accept any desirable building or buildings offered by the people of any city or town securing the location of said West Texas State Normal College, upon the recommendation of the committee on location.
SEC. 8. The State Board of Education shall name the departments to be established in said West Texas State Normal College, and shall elect the president, professors, instructors and other employees necessary for the organization and management of the same, and shall fix the salaries and compensation of those employed; provided, that the said West Texas State Normal College shall be strictly first-class in every particular and not below the standards set for the other normal schools of this State; provided further that the State Board of Education shall have authority to regulate the fees required of students and the salaries allowed all persons in any manner employed in connection with the normal school established by this Act.
SEC. 9. The State Board of Education shall name the fees, if any are to be paid by students, and shall fix the requirements for entrance
into said normal college and shall prescribe the conditions of certification and graduation of students of said normal college; provided, that the requirements to obtain certificates, the length of time they shall be valid and the conditions of cancellation of same shall be those prescribed for other certificates of the same grades issued by the State.
SEC. 10. It shall be the duty of the State Board of Education to elect a President of said normal school at any time after the location of said normal college shall have been made; provided, that he shall be elected at least six months before the date fixed for the opening of said normal college; and he shall draw his salary from the date of his acceptance of said election.
SEC. 11. The said West Texas State Normal College shall be opened for the reception of students not later than the 1st day of October, 1910. The sum of fifteen hundred ($1500.00) dollars or so much thereof as may be needed is hereby appropriated out of any fund in the Treasury not otherwise appropriated to pay the traveling expense of the committee and for doing any other work necessary in locating said West Texas State Normal College and making the report required. All accounts against this fund shall be paid upon warrants issued by the Comptroller upon the approval of the Governor.
SEC. 12. The sum of fifty thousand ($50,000) dollars is hereby appropriated out of any funds in the State Treasury not otherwise appropriated to purchase and equip a building or buildings establishing said West Texas State Normal College to be paid upon warrants issued by the Comptroller after the accounts shall have been audited and approved by the State Board of Education. The sum of twenty-seven thousand five hundred ($27,500.00) dollars to be paid out of any funds not otherwise appropriated, is hereby appropriated, to pay the salary of the President of said West Texas State Normal College for service that may be rendered during the year ending August 31, 1910, and to pay the salary of the president, professors and other employees of said West Texas State Normal College for the year beginning September 1, 1910. SEC. 13. Students shall be appointed to said West Texas State Normal College by the same authorities and in the same way that students are appointed to other normal schools in this State; and such students shall share equally with students appointed to other normal schools, in any scholarship funds that may be appropriated to the normal schools of this State, for the year 1910-11 and any subsequent year
SEC. 14. On or about the first day of June, 1910. the State Board of Education shall, after consultation with the President of said West Texas State Normal College, meet and decide what departments shall be established in said normal college. They shall elect professors, instructors and other employees, and fix the compensation of same. They shall fix the day for opening said normal school, not later than October 1, 1910, and shall make all necessary arrangements for opening and managing said West Texas State Normal College; provided, that said board shall not create a deficiency delt against the State in establishing, equipping and running said school for the first year of its existence.
SEC. 15. The provisions of this Act and the appropriation herein provided for, shall not become effective unless and until such city or
town wherein said West Texas State Normal College is to be located shall donate to the State of Texas such sum or sums as in the opinion of the committee herein appointed may be necessary to purchase the grounds for the establishment of said West Texas State Normal College, and in the event of their failure so to do, this Act and the provisions hereof shall be of no further force or effect and shall be void except the appropriation to pay the expenses of the committee herein provided for to locate said college.
SEC. 16. The fact that the number of normal schools is inadequate to accommodate the vast number of young men and young women who are preparing for the profession of teaching, and that the establishment of more normal schools is a necessity, creates an emergency and an imperative public necessity that the Constitutional rule requiring bills to be read on three several days be suspended, and that the same is suspended, and that this Act take effect from and after its passage, and it is so enacted.
Approved March 31, 1909.
Takes effect ninety days after adjournment.
COUNTY AUDITORS—EXEMPTING BELL COUNTY.
H. B. No. 490.]
An Act to exempt Bell county from the provisions contained in Section 1 of Chapter 168, of the General Laws of the Regular Session of the Thirtieth Leg islature, relative to the appointment and qualifications of County Auditors.
Be it enacted by the Legislature of the State of Texas:
SECTION 1. That hereafter Bell county shall be exempt from the provisions contained in Section 1 of Chapter 168 of the General Laws of the Regular Session of the Thirtieth Legislature, providing for the appointment, qualification, and compensation of county auditor, in any county of this State having a population of 40,000 inhabitants or over. or having therein a city with a population of 25,000 or over, according to the last United States census, and the same is so enacted; provided. that the provisions of this Act shall not take effect or be in force until. on or after the first day of September, 1909.
Approved April 1, 1909.
DISTRICT ATTORNEYS-PRESCRIBING COMPENSATION. S. B. No. 173.]
An Act to amend Chapter CLXXV of the General Laws of Texas passed by the 30th Legislature, prescribing compensation of District Attorneys, amending said law so that Article 1081a of the Code of Criminal Proceduure shall hereafter read as follows.
Be it enacted by the Legislature of the State of Texas:
SECTION 1. That Article 1081a, Chapter CLXXV of the Code of Criminal Procedure as amended by the Thirtieth Legislature be amended so that it shall hereaffter read as follows:
From and after the passage of this Act, in addition to the five hundred dollars ($500.00) now allowed them by law, district attorneys in all judicial districts in this State, composed of two counties or more, shall receive from the State as compensation for their services the sum of fifteen dollars ($15.00) for each day they attend the session of the district court in their respective districts in the necessary discharge of their official duty, and fifteen dollars ($15.00) per day for each day they represent the State at examining trials, inquest proceedings and habeas corpus proceedings in vacation. Said fifteen dollars ($15.00) per day to be paid to the district attorneys upon the sworn account of the district attorney approved by the district judge, who shall certify that the attendance of said district attorney for the number of days mentioned in his account was necessary, after which said account shall be recorded in the minutes of the district court; provided, that the maximum number of days for such attendance and service for which the said compensation is allowed shall not exceed one hundred and thirty-three days in any one year; and provided, further, that all fees in misdemeanor cases, and commissions and fees heretofore allowed district attorneys, under the provisions of Article 1081 of the Code of Criminal Procedure and in Chapter 5 of the General Laws passed at the Special Session of the Twenty-fifth Legislature, in districts composed of two or more counties, shall, when collected, be paid to the clerk of the district court who shall pay over the saine to the State Treasurer. Provided, the provisions of this bill shall not apply to district attorneys whose last preceding annual report of himself or his predecessor shows that he or his predecessor making such report received in fees under the criminal laws over $2495.00.
SEC. 2. The fact that there is no adequate law of this State regulating the compensation of district attorneys, creates an emergency and imperative public necessity that this Art be passed under a suspension of the Constitutional rule requiring bills to be read on three several days and the rule is therefore suspended and 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 Senate by the following vote, yeas 22, nays 2; was referred to the House, amended and passed by the following vote, yeas 108, nays 7; and that the Senate concurred in the House amendments by the following vote. yeas 24, nays 0.]
Approved April 2, 1909.
Became a law April 2, 1909.
LIFE INSURANCE-PRESCRIBING CONDITIONS FOR TRANSACTING BUSINESS IN THIS STATE.
An Act to prescribe additional conditions upon which life insurance córporations may transact business in this State; and to require that all such companies shall invest an amount equal to seventy-five per cent of the reserves required by law to be maintained by them on account of policies of insurance written upon the lives of citizens of Texas, in Texas securities and Texas property, and to define Texas securities and designate the property in which such investments may be made; and to permit such corporation or their stockholders to deposit with the State Treasurer the capital stock thereof, or the securities in which the same is invested, as well as other securities, and to advertise or print on policies issued the fact of such deposit; and to require each life insurance company doing business in this State to appoint the Commissioner of Insurance and Banking of this State and his successors in office, its agent and attorney in fact for the purpose of accepting or being served with citation in any suit to be brought against such company in any court of this State; and to provide for the collection of an occupation tax from life insurance companies doing business in this State in proportion to their gross premiums receipts, and providing for the reduction of such tax in proportion to the increase of investments in Texas securities, and requiring the payment by companies not now transacting business in this State under certificates of authority from the Commissioner of Insurance and Banking, which have formerly transacted business therein under such certificates, or which may hereafter discontinue transacting new business under such certificates and which shall hereafter or thereafter obtain authority to transact business in this State, as a condition of their readmission of a sum equal to the occupation tax upon their premium receipts since their withdrawal, which would have been levied upon them by law if they had continued transacting business under such certificates in this State, and permitting insurance companies not writing new business in this State to maintain an agency and office for the collection of renewal premiums, and obtain permits to lend money in this State and providing that no occupation tax shall be levied on life insurance agents; and to repeal the Act approved April 24, 1907, published and known as Chapter CLXX of the General Laws of the Thirtieth Legislature of Texas, entitled "An Act to require all incorporated or mutual companies doing a life insurance business within the State of Texas to invest a part of the reserve set apart on account of and for the final payment of policies of insurance written on the lives of citizens of Texas in Texas securities and Texas property or in the bonds of the United States or any state of the United States and to define Texas securities and the property in which such investments may be made and to require that a part of the securities in which such reserve is invested be kept on deposit in the vaults of the Treasury of this State or in National or State banks or trust companies in Texas, designated as depositories for the security of policy holders, and declaring an emergency," and to repeal all other laws or parts of laws in conflict with this Act; and to authorize the withdrawal of securities deposited by insurance companies under the provisions of said Act approved April 24, 1907, and hereby repealed; but reserving to the State the right to collect the taxes on gross receipts and penalties provided for in Section 8 of the Act approved May 16, 1907, and pubHished and known as Chapter XVIII of the Acts of the First Called Session of the Thirtieth Legislature of Texas, providing for the levy of occupation taxes; and providing penalties for violations of certain provisions of this Act, and for the collection of such penalties, and declaring an emergency.
Be it enacted by the Legislature of the State of Texas:
SECTION 1. That each and every life insurance company now engaged or that may hereafter engage in transacting the business of life insurance in this State, shall as a condition of its right to transact such business in this State, invest and keep invested in Texas securities, as