The term "dealer" shall be construed to apply to any individual, partnership or corporation not growers of nursery stock, but who buy and sell nursery stock for the purpose of reselling and reshipping under their own name or title, independently of any control of those from whom. they purchase. An "agent of a nursery or dealer" shall be construed to apply to any individual, partnership or corporation selling nursery stock either as being entirely under the control of the nursery or dealer with whom the nursery stock offered for barter and traffic originates, or some co-operative basis for handling nursery stock with the grower or dealer, as specified in this Section. That any such agent shall have proper credentials from the dealer he represents or co-operates with, and failing in that, any such agent shall be classed as a dealer, and subject to such rules and regulations as may be adopted relative to them, and shall be amenable to the same penalties for violations of any provisions of this Act, or the rules and regulations of the commissioner. Provided, that any agent of any dealer or nurseryman as specified in this Section who shall knowingly deliver to any individual, partnership or corporation, any tree, shrub, or plant infested or diseased as specified in the provisions of this Act, even though such trees, shrubs or plants are received in a box, bale or package bearing a certificate of inspection as provided in this Act, shall be guilty of a misdemeanor, and upon conviction shall be fined not less than $25 nor more than $500 for each such delivery, to each individual, partnership or corporation.

SEC. 9. The Commissioner of Agriculture shall prepare suitable rules and regulations for the traffic of cape jasmine cut flower shipments, also for the shipment of such greenhouse and floral plants as may require control, in order that the purposes for which this Act is established may be accomplished.

He shall also provide such rules and regulations concerning city, private or public parks, avenues of shade trees, shrubbery and ornamentals along the streets of cities, for city residences, and city property generally, as will secure a protection and immunity from insect pests and contagious diseases intended to be provided for by this Act. It shall be the duty of city administrations through their proper officers, the duty of owners of parks, of city residence or other city property, to obey these rules and regulations, and co-operate with the Commissioner of Agriculture or his representatives, in enforcing such rules and regulations, or any provisions of this Act.

All laws and parts of laws in conflict with the provisions of this Act are hereby repealed.

SEC. 10. The fact that there has been shown to be orchards, parks, and residence properties in this State infected with injurious insect pests and contagious diseases; that the amendments provided herein are required in order that the Commissioner of Agriculture may properly provide rules and regulations for the protection of the citrus fruit industry of our State; and the further fact that any delay in providing for such rules and regulations for this new fruit industry, threatens an irreparable loss, create an emergency, and an imperative public necessity requiring bills to be read on three several days be suspended, and the same 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 House by a two-thirds vote, yeas 101, nays 0; and passed the Senate by a two-thirds vote, yeas 22, nays 0.]

Approved April 19, 1909.

Became a law April 19, 1909.

INSURANCE COMPANIES LIMITING CHARACTER OF

H. B. No. 123.]

RISKS.

CHAPTER 20.

An Act amending Section 37 of an Act passed by the Regular Session of the Thirty-first Legislature, approved March 22, 1909, so as to provide that no company shall transact the business of life insurance in this State whose charter authorizes it to do a fire, marine, lightning, tornado or inland insurance business, and that no company shall take fire, marine or inland risks which is authorized to do a life or health insurance business in this State, and declaring an emergency.

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

SECTION 1. That Section 37 of an Act passed by the Regular Session of the Thirty-first Legislature, entitled "An Act to authorize the incorporation of life, accident and health insurance companies and defining same; and to authorize such companies to transact business in the State of Texas; to authorize other like companies incorporated under the laws of other states, territories and countries to transact business in this State; to regulate the business of such companies; to define the duties and powers of the Commissioner of Insurance and Banking, and give to him authority to issue, suspend and revoke permits to such companies to transact business in this State and to apply for the appointment of a receiver for such companies when they become impaired; defining the method of arriving at the value of personal property of such companies for purposes of State, county and municipal taxation and exempting such companies from an occupation tax; to fix the situs of personal property of such companies for purpose of taxation; to permit the deposit of securities in the office of the State Treasurer; fixing venue of suits and providing the method and manner of service of process; providing penalties for violations of the provisions of this Act; repealing all laws in conflict herewith and declaring an emergency," approved March 22, 1909, be and the same is hereby amended so as to hereafter read as follows:

Sec. 37. It shall be unlawful for any insurance company whose charter authorizes it to do a fire, marine, lightning, tornado or inland insurance business to transact the business of life insurance in this State; or for any company authorized to do a life or health insurance business in this State to take fire, marine or inland risks.

SEC. 2. The fact that there is an apparent conflict in the provisions of Section 37 of the Act passed at the Regular Sesion of the Thirty-first Legislature, referred to in Section 1 of this Act, and the provisions of sub-division 19 of Section 59 of said Act, which is likely to cause confusion, creates an emergency and imperative public necessity requiring

that the Constitutional rule providing that bills shall 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 House by a two-thirds vote, yeas 100, nays 5; and passed the Senate by a two-thirds vote, yeas 22, nays 1.]

Approved April 19, 1909.

Became a law April 19, 1909.

APPROPRIATIONS-FOR ENFORCING THE LAWS.

S. B. No. 18.]

CHAPTER 21.

An Act making an appropriation for the enforcing of any and all laws of the State of Texas, and for the purpose of paying any and all necessary expenses in bringing and prosecuting or paying expenses in prosecuting same, providing the manner of expending such appropriation, and declaring an emergency.

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

SECTION 1. For the purpose of enforcing any and all laws of the State of Texas, and for the purpose of paying any and all necessary expenses in bringing suits or paying expenses in prosecuting same, there is hereby appropriated out of any money in the State Treasury, not otherwise appropriated, the sum of $25,000.00 or so much thereof as may be necessary, to be expended under the direction of the Attorney General by and with the approval of the Governor, and to be paid upon warrants drawn by the Comptroller of Public Accounts on vouchers. approved by the Attorney General.

SEC. 2. The fact that adequate provision has not been made for the recovery of lands belonging to the public schools and other lands of the State of Texas and for the enforcement of the laws of this State concerning public lands, and the pendency of a great number of suits. brought by the Attorney General for the recovery of many thousands of acres of land embraced by the terms of this Act, which suits will come to trial in the near future, create an emergency and an imperative public necessity requiring that the Constitutional rule which provides that bills. shall be read on three several days be suspended 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.

Approved April 20, 1909.

Takes effect ninety days after adjournment.

CITATION BY PUBLICATION-FIXING TIME FOR FILING ANSWER.

An Act to amend Article 1264 of the Revised Statutes of 1895, and to fix the time of filing an answer in all cases where the defendant is cited by publication, and declaring an emergency.

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

SECTION 1. That Article 1264 of the Revised Statutes of 1895 be so amended as hereafter to read as follows:

[Art. 1264.] In all cases in which services of citation have been made by publication the answer shall be filed on or before appearance day of the term to which said citation is returnable. Provided that in all cases wherein a dissolution of marriage is sought in which service of the citation has been made by publication the answer shall be filed on or before appearance day of the term next succeeding that to which such citation is returnable.

Provided that the provisions of this Act shall apply to no cases except that in which eight weeks' publication is required; and provided further, that said publication shall be made in the county in which the land is situated, provided there be a newspaper published in such county, and, if there be no newspaper published in said county, then such publication shall be made in the county nearest to where said lands are situated.

SEC. 2. That all laws and parts of laws in conflict with this amendment be and the same are hereby repealed.

SEC. 3. The fact that there is now no adequate law to expedite the trial of cases in which service of citation is had by publication upon the defendants in such cases, 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 20, 1909.

Takes effect ninety days after adjournment.

GAME, FISH AND OYSTER COMMISSIONER-RELATING TO

H. B. No. 3.]

DUTIES OF.

CHAPTER 23.

An Act to amend Article 529n of the Penal Code of the State of Texas adopted at the Regular Session of the Twenty-fourth Legislature of the State of Texas; Article 529h of Chapter 98 of the Acts of the Regular Session of the Twentyfifth Legislature of Texas; Article 529g of Chapter 90 of the Acts of the Regular Session of the Twenty-ninth Legislature of Texas; Articles 2518c, 2518c), 2518m, 529e, 529j, 5290, of Chapter CXXVI of the Acts of the Regular Session of the Thirtieth Legislature of Texas, and adding thereto Article 2518k, referring to licenses required of dealers in fish and oysters and Article 529j referring to the screening of pumps, etc., and Article 2518r appropriating out of the fish and oyster fund $3000 thereof and authorizing the Game, Fish and Oyster Commissioner to use and expend said sum, or as much thereof as may be necessary for the purpose of improving and reviving the natural oyster beds in Matagorda Bay, and repealing all laws in conflict with the above, relating to the duties and powers of the Game, Fish and Oyster Commissioner and declaring an emergency.

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

SECTION 1. That Article 529n of the Penal Code of the State of Texas adopted at the Regular Session of the Twenty-fourth Legislature of the State of Texas; Article 529h of Chapter 98 of the Regular Session of the Twenty-fifth Legislature; Article 529g of Chapter 90 of the Acts of the Regular Session of the Twenty-ninth Legislature of Texas, and Articles 2518c, 2518c, 2518m, 529e, 529j, 5290 of Chapter CXXVI of the Acts of the Regular Session of the Thirtieth Legislature of Texas be so amended as to read hereafter as follows; and by adding thereto Article 2518k referring to licenses required of dealers in fish and oysters and Article 529j referring to the screening of pumps, etc., and by repealing all laws in conflict with the above:

Article 2518c. All funds collected by deputy fish and oyster commissioners along the coast for register certificates, licenses, fees and rents for locating private oyster beds and any other fees that may be prescribed, shall be by said deputies and each of them paid over weekly to the Game, Fish and Oyster Commissioner. Such funds so collected by the Game, Fish and Oyster Commissioner weekly from the deputy game, fish and oyster commissioners along the coast shall be by such Game, Fish and Oyster Commissioner deposited monthly in the State Treasury to the credit of the fish and ovster fund. Out of the money so collected and deposited in the State Treasury shall be paid the salaries of the chief deputy, special deputies and regular deputies provided for under this Act monthly, on approval by the Game, Fish and Oyster Commissioner and the Comptroller drawing his warrant in favor of each of said persons on said fish and oyster fund, as follows:

One chief deputy the sum of $125.00 per month, who shall have the same powers and authority as the Game, Fish and Oyster Commissioner, in the absence or inability, or any other cause of the Game, Fish and Oyster Commissioner to act, but said chief deputy shall at all times be subject to the orders of the said Game, Fish and Oyster Commissioner, and in addition to said salary of said Chief Deputy Game, Fish and Oyster Commissioner shall be paid his actual traveling expenses in the