Texas Almanac, 1947-1948 Page: 78

TEXAS ALMANAC -1947-1948.

Article XI.-(Continued.); Articles XII and
provision be made to assess and collect an
nually a sufficient sum to pay the interest
thereon and creating a sinking fund of at
least 2 per cent thereon; and provided, fur-
ther, that no city charter shall be altered,
amended or repealed oftener than every two
years.
[Note.-The foregoing Sec. 5 of Art. XI has
been twice amended, as follows: (1) To author-
ize towns of more than 5,000 population (instead
of more than 10,000, as provided in the orginal
section) to be chartered by special act, and allow-
ing in such cities a maximum tax rate of 21/z
per cent. Submitted by Thirty-First Legislature
(1909), ratified in an election Aug 3, 1909, and
proclaimed Sept. 24, 1909. (2) To grant home
rule to cities of more than 5,000 population Sub-
mitted by Thirty-Second Legislature (1911),
adopted at election of Nov. 5, 1912, and pro-
claimuned Dec. 30, 1912 ]
Sec. 6. Municipal Taxation.-Countles, cities
and towns are authorized, In such mode as
may now or may hereafter be provided by
law, to levy, assess and collect the taxes
necessary to pay the interest and provide a
sinking fund to satisfy any indebtedness here-
tofore legally made and undertaken; but all
such taxes shall be assessed and collected
separately from that levied, assessed and col-
lected for current expenses of municipal gov-
ernment and shall, when levied, specify in
the act of levying the purpose therefor, and
such taxes may be paid in the coupons, bonds
or other indebtedness for the payment of
which such tax may have been levied.
Sec. 7. Taxation of Seawalls, Etc ; Restric-
tions and Limitations; Eminent Domain.-All
counties and cities bordering on the coast of
the Gulf of Mexico are hereby authorized,
upon a vote of two-thirds majority of the
resident property taxpayers voting thereon
at an election called for such purpose, to levy
and collect such tax for construction of sea-
walls, breakwaters or sanitary purposes, as
may now or may hereafter be authorized by
law, and may create a debt for such works
and issue bonds in evidence thereof. But no
debt for any purpose shall ever be incurred
in any manner by any city or county unless
provision is made at the time of creating the
same, for levying and collecting a sufficient
tax to pay the interest thereon and provide
at least 2 per cent as a sinking fund, and the
condemnation of the right of way for the
erection of such work shall be fully provided
for.
[Note -The foregoing Sec. 7 of Art XI was
amended to simplify language describing electors'
qualifications Submitted by Forty-Second Legis-
lature (19311, adopted in election Nov. S, 1932.
Proclaimed Jan. 9, 1933 a
Sec. 8. State Aid for Seawalls, Etc.-The
counties and cities on the Gulf Coast being
subject to calamitous overflows, and a very
large proportion of the general revenue being
derived from those otherwise prosperous
localities. *The Legislature is specially au-
thorized to aid, by donation of such portion of
the public domain as may be deemed proper,
and In such mode as may be provided by
law, the construction of seawalls, or break-
waters, such aid to be proportioned to the
extent and value of the works constructed, or
to be constructed, in any locality.
Sec. 9. Public Buildings, Etc.-The prop-
erty of counties, cities and towns owned and
held only for public purposes, such as public
buildings and the sites thereof Fire engines
and the furniture thereof, and all property
used or intended for extinguishing fires, pub-
*Explanatory Note -The starting of a new
sentence at this point follows the official draft
of the Constitution, but it is e, dent that the
foregoing phrase ending with "localities" was
meant to modify the following sentence

XIII.
iic grounds and all other property devotee
exclusively to the use and benefit of the
public, shall be exempt from forced sale and
from taxation, provided, nothing herein shall
prevent the enforcement of the vendor's lien,
the mechanic's or builder's lien, or other
liens now existing.*
Sec. 10. City or Town May Be School Dis.
trict; Special Tax. - The Legislature may
constitute any city or town a separate and
independent school district. And when the
citizens of any city or town have a charter
Sauthorizing the city authorities to levy and
collect a tax for the support and maintenance
of a public institution of learning, such tax
may hereafter be levied and collected, if, at
an election held for that purpose, two thirds
of the taxpayers of such city or town shall
vote for such tax.
ARTICLE XII.-PRIVATE CORPORATIONS.
Sec. 1. Corporations Created by General
Laws.-No private corporation shall be cre-
ated except by general laws.
Sec. 2. General Laws to Be Enacted.-
General laws shall be enacted providing for
the creation of private corporations, and
shall therein provide fully for the adequate
protection of the public and of the individual
stockholders.
Sec. 3. Franchises to Be Under Legislative
Control.The right to authorize and regulate
freights, tolls, wharfage or fares, levied and
collected or proposed to be levied and col-
lected, by individuals, companies or corpora-
tions for the use of highways, landings.
wharves, bridges and ferries, devoted to
public use, has never been and shall never
be relinquished or abandoned by the State,
but shall always be under legislative control
and depend upon legislative authority,
Sec. 4. Charges and Collections of Freights,
Wharfage, Fares or Tolls for the Use of
Property Devoted to the Public Prohibited
Except Specially Authorized by Law.-The
first Legislature assembled after the adoption
of this Constitution shall provide a mode of
procedure by the Attorney General and Dis-
trict or County Attorneys, in the name and
behalf of the State, to prevent and punish
the demanding and receiving or collection of
any and all charges, as freight, wharfage.
fares or tolls, for the use of property devoted
to the public, unless the same shall have been
specially authorized by law.
Sec. 5. Freights, Wharfage, Fares or Tolls
Subject to Legislative Control.-All laws
granting the right to demand and collect
freights, fares, tolls or wharfage shall at all
times be subject to amendment, modification
or repeal by the Legislature.
Sec. 6. The Issuance of Stocks and Bonds
by Corporations Prohibited Except for Money
Paid and Labor Done, Etc.-No corporation
shall issue stock or bonds except for money
paid, labor done, or property actually re-
ceived, and all fictitious increase of stock or
indebtedness shall be void.
Sec 7. Vested Rights Protected.-Nothlng
in this article shall be construed to divest or
affect rights guaranteed by any existing
grant or statute of this State or of the Repub-
lic of Texas.
ARTICLE XIII.-SPANISH AND MEXICAN
LAND TITLES.
Sec. 1. Fines, Penalties and Escheats.-All
fines, penalties, forfeitures and escheats
which have heretofore accrued to the Repub-
lic and State of Texas under their Constitu-
tions and laws shall accrue to the State under
this Constitution; and the Legislature shall
*Explanatory Note.-The breaking of this sec-
tion into two sentences follows the official draft
of the Constitution, but evidently a comma,
rather than a period, should have followed "there-
of" in the fourth line.