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An Act to appropriate the sum of one hundred thousand dollars ($100,000), or so much thereof as may be necessary from the general revenue of the State to be used in operating the iron industry at the State penitentiary at Rusk, Texas; providing that all net revenues shall be paid into the Treasury biennially; providing for the drawing of warrants therefor by the Comptroller and the payment of same by the State Treasurer; and providing that the Penitentiary Board shall have authority to make a contract with any person, firm or corporation for the establishment by such person, firm or corporation of a steel plant at Rusk, and for the sale to the owners thereof of the product of the iron industry owned by the State, and for the use of convict labor in the operation of such steel plant, which contract shall be subject to approval by the Governor, and declaring an emergency.

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

SECTION 1. That the sum of one hundred thousand dollars ($100,000) or so much thereof as may be necessary is hereby appropriated out of any money in the State Treasury, not otherwise appropriated, as an emergency fund to be used in operating the iron industry at the State penitentiary at Rusk, Texas, and for no other purpose; provided all net revenues received from the operation of the iron industry at the State penitentiary at Rusk, during the next two years, shall be paid into the Treasury biennially. Such appropriation shall be used only for the benefit of the iron industry, and for no other purpose, and under no circumstances shall any part of such appropriation be used for the benefit or use of the State railroad. The Penitentiary Board shall be and it is hereby authorized to make a contract with any person, firm or corporation whereby a plan for the manufacture of steel shall be established by such person, firm or corporation at Rusk, which will utilize in whole or in part in the manufacture of steel, the output of the iron industry operated by the State, and to make agreement in such contract for the sale of such iron products to such person, firm or corporation, for such period, under such conditions and upon such terms as may seem to said board to be expedient and necessary to induce the establishment of a plant for the manufacture of steel at such place, and to make agreement in such contract for the employment of convicts in the operation of such steel plant, if they are desired by the managers thereof. Any such contract shall not become effective until approved by the Governor.

SEC. 2. The Comptroller of Public Accounts is hereby authorized to draw and the State Treasurer is authorized to pay warrants upon the State Treasury for said purpose for amounts not exceeding in the aggregate the sum of one hundred thousand dollars ($100,000), such warrants to be drawn upon vouchers by the proper officers of the penitentiary system as now provided by law.

SEC. 3. The fact that the State's iron industry is now idle for the lack of available funds with which to start its operation, creates an emergency and an imperative public necessity requiring that the Constitutional rule that bills be read on three several days be suspended, and 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 House by the following vote, yeas 89, nays 16; was referred to the Senate, amended and passed by the following vote, yeas 27, nays 0; and that the House concurred in the Senate amendments by the following vote, yeas 89, nays 4.]

Approved May 12, 1909.

Became a law May 12, 1909.

PUBLIC DEPT-TO PROVIDE FOR REFUNDING A PORTION THEREOF.

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An Act to provide for refunding a portion of the public debt and the retirement of certain bonds of the State of Texas maturing September 1, 1910, providing for the execution of new bonds in lieu thereof at a lower rate of interest, the manner of exchange and sale of said bonds, and declaring an emergency.

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

SECTION 1. That the Governor of the State is hereby authorized to have made five manuscript bonds of the State of Texas, numbered 1, 2, 3, 4 and 5, respeceively, of which No. 1 shall be of the denomination of one hundred and seventy-four thonsand dollars ($174,000); No. 2 shall be of the denomination of eighty thonsand dollars ($80,000); No. 3 shall be of the denomination of twenty-six thousand dollars ($26,000); No. 4 shall be of the denomination of twelve thousand dollars ($12,000); and No. 5 shall be of the denomination of six thousand dollars ($6000). Said bonds shall be designated "The State of Texas Refunding Bonds, Issue of 1910." They shall be dated September 1, 1910, and shall become due and payable forty years from their date, but the State shall and does reserve an option of redeeming them at any time after five years from their date; and said bonds shall be payable at the office of the Treasurer of the State of Texas, at Austin, Texas. They shall bear interest at the rate of three per cent per annum, payable semi-annually on the first day of March and of September of each year, at the office of the Treasurer of the State of Texas, upon presentation of said bonds. The bonds shall be signed by the Governor and the Treasurer of the State of Texas, and countersigned and registered by the Comptroller, and shall have the seal of the State of Texas affixed thereto. The bonds herein provided for are authorized for the purpose of redeeming, canceling and in lieu of State bonds outstanding to the amount of two hundred and ninety-eight thousand dollars ($298,000) of which one hundred and seventy-four thousand dollars ($174,000) are held by the Agricultural and Mechanical College fund; eighty thonsand dollars ($80,000) are held by the permanent school fund; twenty-six thousand dollars ($26,000) are held by the permanent fund of the University of Texas; twelve thousand dollars ($12,000) are held by the Lunatic Asylum fund and six thousand ($6000) dollars are held by the Deaf and Dumb Asylum fund, which bonds mature September 1, 1910, and were issued under an Act passed by the Twelfth Legislature of the State of Texas, entitled

"An Act entitled an Act providing for the issuance and sale of the bonds of the State for the purpose of meeting the appropriations made for maintaining ranging companies on the frontier," approved August 5,

1870.

The Governor and the State Treasurer shall exchange said bond No. 1 for the one hundred and seventy-four thousand dollars ($174,000) of State bonds now held by the Agricultural and Mechanical College fund of said issue of 1870; and shall exchange said bond No. 2 for the eighty thousand dollars ($80,000) of State bonds now held by the permanent school fund of said issue; and shall exchange said bond No. 3 for the twenty-six thousand dollars ($26,000) of State bonds now held by the permanent fund of the University of Texas of said issue; and shall exchange said Bond No. 4 for the twelve thousand dollars ($12,000) of State bonds now held by the Lunatic Asylum fund of said issue; and shall exchange said bond No. 5 for the six thousand dollars ($6000) of State bonds now held by the Deaf and Dumb Asylum fund of said issue, all of which issue of said State bonds of 1870 matures September 1, 1910. SEC. 3. The near approach of the end of the Session, the crowded condition of the calendar and the importance of providing for the payment of the public debt at maturity, create an emergency and imperative public necessity requiring that the Constitutional rule which provides that bills shall be read on three several days be suspended, and it is suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted.

Approved May 12, 1909.

Takes effect ninety days after adjournment.

STATE TREASURER-RELATING TO QUALIFICATION, BOND AND DUTIES.

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An Act providing for the election, qualification, bond and duties of the State Treasurer, and the duties of his employes; providing a complete system of accounting, bookkeeping and auditing the accounts of the Treasury Department; providing for the appointment of a chief clerk, prescribing his duties, requiring the chief clerk to give bond; providing methods for the receiving and handling of all bonds, funds, warrants, and other claims, repealing all 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. There shall be elected by the qualified voters of the State, at the time and place of election for members of the Legislature, a State Treasurer, who shall hold his office for the term of two years, and until the election and qualification of his successor.

SEC. 2. Should a vacancy occur in the office of the State Treasurer, the Governor shall fill the same by appointment for the unexpired term, which appointment shall be submitted to the Senate, if in session, for confirmation.

SEC. 3. The State Treasurer shall, within twenty days after he shall have received notice of his election, and before he enters upon the duties of his office, give a bond payable to the Governor and his successors in

office, for the use of the State, in the sum of seventy-five thousand dollars, with no less than six good sureties, to be approved by the Governor, conditioned that he will faithfully execute the duties of his office, and shall take and subscribe the oath prescribed by the Constitution, which together with the bond, shall be deposited in the office of the Secretary of State; which said bond shall not be void on the first recovery of part, or of the whole of the penalty, but shall thereafter continue in force for the whole amount of the penalty thereof, and may be sued on from time to time, and shall be deemed to extend to the faithful performance of the duties of his trust, and until his successor shall be duly qualified and shall have entered upon the duties of his office.

SEC. 4. It shall be the duty of the Attorney General, with the Comptroller, on the first days of June and December of every year, to examine the bond of the Treasurer and make diligent inquiry into the condition of the sureties on said bond; and if, in the opinion of the Attorney General, said bond is not sufficient, from death, removal, insolvency of said sureties, or from any cause, to secure the State in her rights, then it shall be the duty of the Attorney General to notify said Treasurer in writing of the insufficiency of said bond; and should said Treasurer fail, for the space of twenty days from the date of such notice, to furnish a sufficient new bond, it shall be the duty of the Governor forthwith to suspend said Treasurer from office.

SEC. 5. Should the Treasurer be suspended from office under the provisions of the preceding Article, it shall be the duty of the Governor to appoint some suitable person as Treasurer, who shall give bond as in other cases, said bond to be approved by the Governor; and the appointee shall perform the duties of Treasurer until the suspended officer shall give a new bond to be approved by the Governor, as in other cases.

SEC. 6. The Treasurer shall receive on the warrants of the Comptroller of Public Accounts, all moneys which shall, from time to time, be paid into the Treasury of the State, receipting for the same upon duplicate and triplicate warrants, which duplicate shall be deposited with the Comptroller and the triplicate given to the person depositing such moneys.

SEC. 7. The Treasurer shall countersign and pay all warrants drawn by the Comptroller of Public Accounts on the Treasury, which are authorized by law, and no money shall be paid out of the Treasury except on the warrants of the Comptroller.

SEC. 8. He shall keep true, regular and methodical accounts of the receipts and expenditures of the public moneys of the treasury, and close his accounts annually on the thirty-first day of August with the proper and legal vouchers for the same, distinguishing between the receipts and disbursements of each fiscal year.

SEC. 9. He shall also open an account in the Treasury for all appropriations of money made by law, so that the appropriations and the application in pursuance thereof may clearly and distinctly appear.

SEC. 10. In addition to the reports required by the Constitution, the Treasurer shall submit to the Governor on the first Monday of November of each year, and at such other times as he shall require, an exact statement of the condition and situation of the Treasury, and of the

balance of money remaining therein to the credit of the State, with a summary of the receipts and payments of the Treasury during the preceding year, or for such other period of time as may be specially required; and shall exhibit all books, papers, vouchers and other matters pertaining to his office for the examination of the Legislature, or either branch thereof, or any committee which may be by them appointed, whenever required by them to do so.

SEC. 11. All moneys received by the Treasurer shall be kept in the safes and vaults of the Treasury, and it shall not be lawful for the Treasurer to keep or receive into the building, safes or vaults of the Treasury any money or the representative of money belonging to any individual, except in cases expressly provided for by law; nor shall it be lawful for said Treasurer to appropriate to his own use, or loan, sell or exchange any money, or the representative of money, in his custody or control as such Treasurer.

SEC. 12. The Treasurer shall appoint a chief clerk who shall be required to give bond in the sum of twenty thousand dollars, payable to the Governor of the State and conditioned as is the bond of the State Treasurer; and shall appoint such other employees as may be authorized by law, each and all of whom shall receive such compensation as may from time to time be appropriated by law for that purpose.

SEC. 13. The chief clerk of the Treasurer's office shall, whenever by reason of sickness, unavoidable absence, or other cause, the Treasurer is not able to act, sign his own name as acting Treasurer, and do such other acts and things as the Treasurer himself might legally do, and the legal acts and signatures of such chief clerk, as acting Treasurer, shall be as valid as the acts and signatures of the State Treasurer himself.

SEC. 14. The Treasurer shall, at the close of his term of office, deliver into the possession of his successor the moneys, securities and all other property of the State, together with books, vouchers, papers and evidences of property in his possession, and all other matters and things which pertain to the office of State Treasurer.

SEC. 15. The Treasurer of the State of Texas is hereby made the custodian of all bonds in which the school funds of the State of Texas have been or may hereafter be invested; and it is hereby made his duty to keep said bonds in his custody until the same shall be paid off, discharged, or otherwise disposed of by the proper authorities of said State. SEC. 16. Said Treasurer shall upon the payment of any installment of interest see that the proper credit is given, and that the coupons on said bonds when paid shall be properly separated therefrom and cancelled by said Treasurer.

SEC. 17. The State Treasurer shall cause to be prepared a deposit warrant register designed with columns for State revenue, available school fund, and miscellaneous: all warrants to be entered consecutively and distributed to the proper columns.

SEC. 18. The State Treasurer shall cause the daily totals of State revenue and all available school deposit warrants to be posted to the fund accounts in the ledger and the items in the miscellaneous column to be posted in detail, except that deposit warrants for bonds sold or redeemed shall be posted in a bond book.

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