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SEC. 7. No life insurance company transacting business in this State shall pay or contract to pay, directly or indirectly, to its president, vice president, secretary, treasurer, actuary, medical director or other physician charged with the duty of examining risks or applications for insurance or to any officer of the company other than an agent or solicitor, any commission or other compensation contingent upon the writing or procuring of any policy of insurance in such company or procuring an application therefor by any person whomsoever, or contingent upon the payment of any renewal premium, or upon the assumption of any life insurance risk by such company, and should any company violate the provisions of this Section, it shall be the duty of the Commissioner of Insurance and Banking to revoke its certificate of authority to transact business in this State.

SEC. 8. The provisions of this Act shall likewise apply to and govern co-operative life insurance companies organized under the laws of this State.

SEC. 9. The fact that there is now no law in this State authorizing life insurance companies to afford their policy holders the protection provided by this Act, constitutes an emergency and an imperative public necessity demanding that the Constitutional rule requiring all bills to be read on three several days in each House be suspended, and that this Act take effect and be in force from and after its passage, and it is enacted. Approved May 12, 1909.

Takes effect ninety days after adjournment.

H. B. No. 76.]

ELECTIONS RELATING TO.

CHAPTER 26.

An Act to amend Section 126 of Chapter 11 of the General Laws of Texas, First Called Session of the Twenty-ninth Legislature, 1905, entitled "An Act to regulate elections and to provide penalties for its violations, and to repeal the Acts of the Twenty-eighth Legislature of 1903, regulating elections, general, special and primary, and political conventions, approved April 1, 1903," and also to amend Section 141 of said Chapter 11 as passed at the First Called Session of the Twenty-ninth Legislature as amended by Chapter CLXXVII of the Thirtieth Legislature, approved April 30th, 1907, relative to contests in primary elections, and declaring an emergency.

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

SECTION 1. That Section 126 of Chapter 11 of the General Laws of Texas, First Called Session of the Twenty-ninth Legislature, 1905, entitled "An Act to regulate elections and to provide penalties for its violations, and to repeal the Acts of the Twenty-eighth Legislature of 1903, regulating elections, general, special and primary, and political conventions, approved April 1, 1903," be amended so as to hereafter read as follows:

Section 126. Any one-fifth of the candidates whose names appear on the official ballot may, on the day preceding the election or prior thereto, agree in writing signed by them upon two supervisors who, when selected, shall be sworn as election officers. Said supervisors shall be qualified voters of the county in which they may serve as such super

visors. Said supervisors, while the election is being held, shall remain in view of the ballot boxes until the count is concluded. It shall be their duty to be present at the marking of the ballot of any voter, by the judge of said election, not able to make his own ballot to see that said ballot is marked in accordance with the wishes of the voter, and it shall further be their duty to see that each and every ballot is correctly called. The said supervisors shall note any and all fraud or irregularity occurring, and report same to the next grand jury.

SEC. 2. That Section 141 of Chapter 11 of the General Laws of Texas, First Called Session of the Twenty-ninth Legislature, 1905, entitled "An Act to regulate elections and to provide penalties for its violation and to repeal the Acts of the Twenty-eighth Legislature of 1903 regulating elections, general, special and primary, and political conventions, approved April 1st, 1903," as amended by Chapter CLXXVII of the Acts of the Thirtieth Legislature, approved April 30th, 1907, relative to contests in primary elections, be amended so as to hereafter read as follows:

Section 141. All contests for a primary election or nomination of a convention based on charges of fraud or illegality in the method of conducting the elections, or fraud or illegality in selecting the delegates to the convention or in certifying to the convention, or in nominating candidates in State; district, county, precinct or municipal conventions, or in issuing certificates of nominations from such conventions the same shall be decided by the executive committee of the State, district, or county as the nature of the office may require, each executive committee having control in its own jurisdiction, or by the district court, or judge of said court in vacation, of the district where the contestee resides, said executive committee and the district courts having concurrent jurisdiction; provided, that where contests are originally filed with the executive committee either party shall have the right to appeal from the final decision of the executive committee to the district court having jurisdiction, and said contest shall there be tried de novo by said court. The party taking such appeal shall, within three days from final decision of the executive committee, file written notice of such appeal with the chairman or secretary of such executive committee. Upon the filing of such notice of appeal, the secretary of said executive committee shall prepare a certificate showing that such contest had been tried and determined by such executive committee, the decision of such committee and that notice of appeal had been given, and shall file same together with all papers filed in such contest in the district court or with the district judge in vacation of the district having jurisdiction of such appeal within ten days after the decision of the executive committee is rendered and the filing of such certificate and papers in said court or with said judge in vacation, shall be held to perfect such appeal. And if for any cause the secretary of said executive committee shall fail or refuse to file said certificate and other papers pertaining to such appeal in the district court of such district, or with the judge of said district, within ten days after such decision has been rendered by said committee, then in such event the contestant may prepare a brief statement of the action of said committee in such contest, and perfect his appeal by filing same with said district

court or with the judge of said district within fifteen days after such decision by the executive committee. In case such appeal is not perfected in the manner and time as herein provided the chairman of the executive committee trying such contest shall certify the name of the party held by the executive committee to have been nominated to the proper office to be placed on the official ballot.

The complaining candidate, if he desires to file a contest with the executive committee shall within five days after the result has been declared by the committee or convention, cause a notice to be served on the chairman or some member of the executive committee, in which he shall state specifically the ground of his contest; also shall serve or cause to be served on the opposing candidate a copy of such notice at least five days prior to the date set for hearing by the committee. If special charges of fraud or illegality in the conduct of the election, or in the manner of holding the convention, or in the manner of making nominations, are made and not otherwise, the chairman, or in case he fails or refuses, any member of the committee shall within twenty days after the primary election, or the convention convene the executive committee, who shall then examine the charges, hear evidence and decide in favor of the party who in their opinion was nominated in the primary election, or in the convention; provided that before any advantage can be taken of the disregard or violation of any directory provision of the law it must appear that, but for such disregard or violation, the result would have been different..

In all contests between candidates for State office the committee shall hold its hearing in the City of Austin, Travis county, unless some other place is agreed upon by the parties, and in all contests between candidates for any district, county, municipal or precinct office the committee. may hold its hearing at its election either in the county of the residence of the contestee or in any county where the fraud or illegality complained of is alleged to have occurred, or at such other place as the parties may agree upon. When the committee has decided the contest, unless notice of appeal to the district court is given, the executive chairman shall certify its findings to the officers charged with the duty of providing the official ballot, and the name of the candidate in whose favor the executive committee shall find, shall be printed on the official ballot for the general election. The executive committee may if in its opinion the ends of justice require it, unlock and unseal the ballot boxes used in the precinct where fraud or illegality is charged to have been used and examine their contents, after which they shall be sealed and delivered to the county clerk.

In State, district, county, precinct or municipal offices, the certificate of nomination issued by the president or chairman of the nominating convention or chairman of the county executive committee, shall be subject to review upon allegations of fraud or illegality by the district court of the county in which the contestee resides, or the judge of said court in vacation; provided, that such allegations are filed in said court within ten days after the issuance of said certificate and when said allegations are so filed or the appeal from the decision of the executive committee is perfected, the judge of the district court shall set same down for hear

ing either in term time or vacation at the earliest practical time, and a copy of said grounds of contest together with the notice of the date set for said hearing shall be prepared and issued by the clerk of the district court and be served upon the contestee five days before the hearing before said court or judge, and the parties to said contest shall have the right to summon witnesses; and the court or judge may, if in his opinion the ends of justice require it, unlock and unseal the ballot boxes used in the precinct where fraud or illegality is charged to have been used and examine their contents, after which they shall be sealed and delivered to the county clerk; and said court or judge shall determine said contest, and the decision of said court or judge shall be final as to all district, county, precinct or municipal offices, and a certified copy of the judg ment of said court or judge shall be transmitted by the clerk thereof to the officers charged with the duty of providing the official ballot, and the name of the candidate in whose favor said judgment shall be rendered shall be printed in the official ballot for the general election; provided, that in all contests for State offices before the district court, exercising either its original or appellate jurisdiction, either party may ap peal to the court of civil appeals, and such appeal shall be advanced on the docket of said appellate court and have precedence of all other cases. SEC. 3. All laws and parts of laws in conflict herewith be and the same are hereby repealed.

SEC. 4. The importance of this Act and the near approach of the end of the Session create 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 May 21, 1909.

Takes effect ninety days after adjournment.

GAME, FISH AND OYSTER COMMISSIONER-PRESCRIBING DUTIES OF, AND PROVIDING FOR HUNTING LICENSES.

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An Act to amend Sections 4, 8 and 10 and to repeal Section 9 of Chapter CXXXVII of the General Laws of the Thirtieth Legislature, page 254, entitled "An Act changing the official title of the State Fish and Oyster Commissioner to Game, Fish and Oyster Commissioner; providing for his salary and fixing his additional powers and duties; providing for a hunting license for non-resident hunters; providing that funds received from the sale of hunting licenses and fines received from prosecutions for a violation of the game and bird laws shall be used only for the protection and propagation of birds and game, and all the salaries and expenses provided by this Act; and providing for the enforcement of the game and bird laws of this State, and providing penalties for the violation thereof," prescribing duties of the Game, Fish and Oyster Commissioner and his deputies; providing for collection and disposition of fines and license fees; prohibiting hunting without license; providing that county clerks shall issue hunting licenses; providing fees, requiring reports and establishing duties of commissioners, clerks and Comptroller.

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

SECTION 1. That Sections 4, 8 and 10 of Chapter CXXXVII of the General Laws of the Thirtieth Legislature, page 254, entitled “An Act changing the official title of the State Fish and Oyster Commissioner to Game, Fish and Oyster Commissioner; providing for his salary and fixing his additional powers and duties; providing for a hunting license for non-resident hunters; providing that funds received from the sale of hunting licenses and fines received from prosecutions for a violation of the game and bird laws shall be used only for the protection and propagation of birds and game, and all the salaries and expenses provided by this Act; and providing for the enforcement of the game and bird laws of this State, and providing penalties for the violation thereof," be and the same are hereby amended so as to hereafter read as follows, and that Section 9 of the same Chapter be and the same is hereby repealed: SEC. 2. That Section 4 shall hereafter read as follows:

Section 4. Said commissioner, at the close of each calendar month, shall file with the Comptroller a report in writing and detail stating the service performed by him during the last preceding month, including a detailed statement of the suits commneced at his instance and the disposition made of same, all fines, licenses and other fees collected, their disposition, and shall pay over to the State Treasurer all moneys so received to be credited to the special fund herein provided for, and any other particulars he may deem proper. All fines collected from persons in the county or district courts of this State, charged for a violation of the game and bird laws of this State, shall, within thirty days from date of the collection of such fines or penalties, be forwarded by the court, or the deputy game commissioner, to the State Game, Fish and Oyster Commissioner who shall deposit same in the State Treasury, and same shall be credited to the special fund of the game, fish and oyster fund for the payment of salaries and expenses of deputies appointed under the provisions of this Act.

SEC. 3. That Section 8 shall hereafter read as follows:

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