SEC. 19. The State Treasurer shall keep registers of warrants issued, one for general warrants, and one for special warrants. In the case of pensions, the Comptroller shall furnish a list of those issued, which list shall be compared with the warrants and shall constitute the Treasurer's register of pension warrants issued. The date of payment of all warrants shall be stamped on the above registers. The State Treasurer shall keep a "Warrants Paid Register" with columns headed "General,” "Special," and "Pensions." In this register the general and special warrants shall be entered when paid in detail and the pension warrants in one daily total.

SEC. 20. The State Treasurer shall keep accounts called “Warrants Payable, General," "Warrants Payable, Special," and "Warrants Payable, Pensions," to which when opened shall be credited the daily totals of the several registers of warrants issued and charged with the daily total of warrants paid of each class, so that the balance of these accounts shall represent the aggregate amount of outstanding warrants.

SEC. 21. Outstanding warrauts shall be listed each month from the registers of warrants issued and a list thereof sent to the Comptroller for his record. With this list the State Treasurer shall furnish a statement showing the aggregate amount of general, special and pension warrants paid during the month.

SEC. 22. The State Treasurer shall charge the daily totals of the general warrants issued from the register to "General Revenue" account in the ledger. The daily total of pension warrants issued shall be similarly treated, while the special warrants issued shall be charged to the fund account to which they apply, except that those issued for bonds purchased shall be posted to the bond book.

SEC. 23. The State Treasurer shall charge all pay warrants issued under the authority of appropriations in detail to the "Appropriation Ledger," an account being kept for each appropriation, which shall be credited with the amount of the appropriation. The total of the appropriation so credited shall be charged to an account called "Appropriation Voted." The daily totals of the general warrants issued shall be credited to this account, so that the balance shall represent the aggregate amount of unused appropriation.

SEC. 24. The State Treasurer shall receive daily from the General Land Office a detailed list of remitters of money for interest, principal and leases of school, University and Asylum lands, together with the actual remittances, which he shall cash and deposit in his vault, if the necessity arises. A deposit receipt shall be issued by the Comptroller for the daily total of such remittances and the cashier of the Treasurer's Department shall keep a cash book to be called "Suspense Cash Book" in which to enter these deposit receipts and any others issued for cash received for which no deposit warrants can be issued or when their issuance is delayed. When deposit warrants are issued, they shall be credited in this cash book, as well as any refunds and the balance shall represent the aggregate of items still in suspense. Refunds shall be made in a manner similar to that in present use, except that they shall all be made on the Comptroller's authority.

SEC. 25. The State Treasurer shall keep an office fee book in which

shall be entered in detail all fees earned by the Treasury Department, which fees shall be deposited into the Treasury to the credit of the general revenue at the end of each month on a deposit warrant issued by the Comptroller.

SEC. 26. The Treasurer shall keep a book to be called "Cash Balancing Book" for the purpose of arriving at the daily cash balance, in which shall be entered the daily totals of all receipts and disbursements. SEC. 27. The ledger kept by the State Treasurer shall contain accounts for each fund which shall be credited with the existing balances and with the daily totals of deposit warrants except those issued for bonds. The pay-warrants issued, except those for bonds, shall be charged to the several fund accounts from the warrant register in daily totals. SEC. 28. The State Treasurer shall keep a bond book (with columns for each fund) which shall start with the aggregate amount of bonds now held and be charged with all subsequent additions and credited with all bonds sold or redeemed. The entries in the bond book shall be posted from the deposit warrant and special warrant registers, being the deposit warrants issued for bonds sold or redeemed and special warrants for bonds purchased. The Treasurer shall also keep a bond register in which shall be entered the essential details of all bonds held by him and belonging to any State fund.

SEC. 29. The State Treasurer shall keep a suitable register in which to enter all bonds, cash and other securities lodged with him by bond investment, surety and insurance companies, and State depository banks, and all other bonds lodged with him under the provisions of the Statutes, the registration of which is not otherwise provided for by law. The relinquishment of these securities shall be on the authority of the Comptroller. The State Treasurer shall keep a separate bond book in which to enter all these transactions consecutively, posting each item to the register, which book shall be opened with the aggregate of securities now held.

SEC. 30. repealed. SEC. 31.

All laws and parts of laws in conflict herewith are hereby

This Act shall take effect and become operative on the first day of September, 1909, and not before.

SEC. 32. The importance of the legislation proposed in this Act and the probable early adjournment of the present Session render it im probable that this bill can be read on three several days in each House, creates an emergency and an imperative public necessity that the Constitutional rule requiring bills to be read on three several days in each House, be suspended, and the rule is so suspended, and that this Act shall take effect from and after its passage, and it is so enacted.

Approved May 12, 1909.

FRATERNAL BENEFICIARY ASSOCIATIONS-RELATING TO

S. B. No. 35.]

CERTIFICATES OF.

CHAPTER 22.

An Act amending Section 8 of an Act passed by the First Called Session of the 31st Legislature of the State of Texas, enttiled “An Act defining and regulating fraternal beneficiary associations and repealing Chapter 115 of the General Laws of the Twenty-sixth Legislature of the State of Texas, as amended by Chapter 86 of the General Laws of the Twenty-seventh Legislature and by Chapter 113 of the General Laws of the Twenty-eighth Legislature, and by Chapter 106 of the General Laws of the Twenty-ninth Legislature," and declaring an emergency.

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

SECTION 1. That Section 8 of an Act passed by the First Called Session of the Thirty-first Legislature of the State of Texas entitled, "An Act defining and regulating fraternal beneficiary associations and repealing Chapter 115 of the General Laws of the Twenty-sixth Legislature, as amended by Chapter 86 of the General Laws of the Twentyseventh Legislature and by Chapter 113 of the General Laws of the Twenty-eighth Legislature and by Chapter 106 of the General Laws of the Twenty-ninth Legislature," be and the same is hereby amended so as to hereafter read as follows:

Section 8. Every certificate issued by any association shall specify the maximum amount of benefit provided thereby, and the conditions governing the payment thereof, and shall provide that the certificate, the charter, or articles of association, the constitution and laws of the association and the application for membership and medical examination signed by the applicant shall constitute the contract between the association and the member and copies of the same, certified by the secretary of the association or corresponding officer, shall be received in evidence of the terms and conditions of the contract; and any changes, additions or amendments to said charter or articles of association, constitution or laws duly made or enacted subsequent to the issuance of the benefit certificate, shall bind the member and his beneficiaries and shall govern and control the contract in all respects the same as though such changes, additions or amendments had been made prior to, and were in force at the time of the application for membership; provided, it shall never be necessary for any such association to accompany its contract, policy or certificate with the copy of the application of such policy, contract or certificate nor with a copy of the questions and answers thereto. All benefit certificates shall from the date of their issuance be noncontestible on account of any statement or representation made by said applicant for membership either in his application or otherwise, or his medical examination, unless such representation shall be material to the risk assumed, and the burden of proof shall be upon the defendant. to affirmatively establish such defense.

SEC. 2. The fact that the fraternal beneficiary law referred to in Section 1 of this Act passed by the First Called Session of the Thirtyfirst Legislature was by mistake amended so as to render it unintelligible, creates an imperative public necessity demanding that the Constitutional rule requiring bills to be read on three several days be sus

pended and that this Act take effect from and after its passage, and it is so enacted.

Approved May 12, 1909.

Takes effect ninety days after adjournment.

CITIES AND TOWNS-RELATING TO ISSUANCE OF BONDS AND LEVY OF TAXES.

An Act to amend Article 486, Chapter 5, Title 18 of the Revised Statutes of 1895, authorizing cities and towns to issue bonds and levy taxes in payment therefor; 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. That Article 486, Chapter 5, Title 18 of the Revised Statutes of 1895, be so amended that the same shall hereafter read as follows:

Article 486. The city or town council of any city or town in this State incorporated under the general law shall have the power by ordinance to levy and collect an annual ad valorem tax sufficient to meet the interest and sinking fund on all indebtedness legally incurred prior to the adoption of the Constitutional Amendment in 1883, regarding the power of cities and towns to levy and collect taxes, etc., and may levy and collect twenty-five cents on the one hundred dollars valuation of all property in such city or town for current expenses, and may levy and collect an additional twenty-five cents on the one hundred dollars valuation for the purpose of construction or the purchase of public buildings, water works, sewers, and other permanent improvements within the limits of such city or town, and shall also have power by ordinance to levy and collect a tax not exceeding fifteen cents on the one hundred dollars valuation of property for the construction and improvement of the roads, bridges and streets of such city or town within its limits, and all cities and towns providing for such improvements shall have the power to issue coupon bonds of the city therefor in such sum or sums as they may deem expedient, to bear interest not exceeding six per cent per annum; provided, that the aggregate amount of bonds issued for the construction or the purchase of public buildings, water works, sewers and other permanent improvements shall never reach an amount where the tax of twenty-five cents on the one hundred dollars valuation of property will not pay current interest and provide a sinking fund sufficient to pay the principal at maturity; and provided, also, that the amount of bonds issued for street improvement purposes shall never reach an amount where the tax of fifteen cents on the one hundred dollars valuation of property will not pay current interest and provide a sinking fund sufficient to redeem them at maturity, and the amount of bonds legally issued under Acts passed prior to the adoption of the present Constitution shall not be computed and estimated in the amount of bonds which may be issued for the above named city improve

ments. Within the meaning of this Article shall be included building sites and buildings for the public free schools and institutions of learning within those cities and towns which have assumed or may assume hereafter the exclusive control and management of the public free schools and institutions of learning within their limits.

SEC. 2. That all laws and parts of laws in conflict herewith are hereby repealed.

SEC. 3. Whereas, there is now no law authorizing cities and towns to issue bonds for street improvements 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.

[NOTE. The enrolled bill shows that the foregoing Act passed the Senate by a two-thirds vote, yeas 27, nays 0; and passed the House by a two-thirds vote, yeas 91, nays 0.]

Approved May 12, 1909.

Became a law May 12, 1909.

PENITENTIARY BOARD PROVIDING FOR COMPLETION OF RAILROAD OWNED BY THE STATE.

An Act providing for the completion by the Penitentiary Board of Commissioners of the railroad now owned by the State of Texas at the Rusk penitentiary, for its maintenance, equipment and operation; providing for the issuance of bonds by the Board of Penitentiary Commissioners aggregating two hundred thousand dollars, bearing interest at five per cent per annum; providing that one hundred and fifty thousand dollars shall be used to redeem bonds issued under and by virtue of Chapter LXXIV of the acts of the Thirtieth Legislature; providing a lien upon said State railroad; providing a method of redemption of said bonds; providing for authority to said board to accept gifts and donations to aid in the construction of said railroad; providing for the purchase of said bonds by the Board of Education out of the permanent school fund; providing that this Act shall be cumulative of all other laws in force in this State, and providing for the sale of said road by the Board of Penitentiary Commissioners and for the disposition of the proceeds arising from the sale thereof, and declaring an emergency.

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

SECTION 1. That for the purpose of securing means with which to complete and equip the railroad from Rusk to Palestine, now owned by the State, and to secure the repayment of the money, as provided for in Chapter LXXIV of the Acts of the Thirtieth Legislature, the Board of Penitentiary Commissioners shall be and they are hereby authorized, and it shall be their duty, to have printed and to execute twenty bonds, to be designated and known as "Penitentiary Railroad Bonds," and numbered consecutively from one to twenty, inclusive, each for the principal sum of ten thousand dollars ($10,000.00), bearing interest from their date at five per cent, per annum, payable annually on the first day of December of each year as indicated upon the coupons therefor which shall be attached to such bonds, principal and interest payable to the