Texas Almanac, 1949-1950 Page: 82

82 TEXAS ALMANAC -1949-1950.

Article XVI.-(Continued.)
purposes shall be made A regular statement.,
under oath, and an account of the receipts
and expenditures of all public money shall
be published annually, in such manner as
shall be prescribed by law.
Sec. 7. No Paper to Circulate as Money.-
The Legislature shall In no case hale powei
to issue "treasury warrants," "treasury
notes," or paper of any description Intended
to circulate as money
Sec. 8. Counties May Provide Workhouses,
Poorhouses and Farms.-Each county in the
State may provide, In such manner as may be
prescribed by law, a manual labor poorhouse
and farm, for taking care of managing em-
ploving and supplying the wants of its In-
digent and poor inhabitants
Sec. 9 Absence on Business of the State or
United States Shall Not Forfeit a Residence
Once Obtained.-Absence on business of the
State or of the United States shall not forfeit
a residence once obtained, so as to deprive
anyone of the right of suffrage, or of being
elected or appointed to any office, under the
exceptions contained In this Constitution
Sec. 10. Deductions From Salaries to Be
Provided for-The Legislature shall provide
for deductions from the salaries of public
officers who may neglect the performance
of any duty that may be assigned them by
law.
Sec. 11. Usurious Interest Prohibited.-All
contracts for a greater rate of interest than
ten per centum per annum shall be deemed
usurious, and the first Legislature after this
amendment is adopted shall provide appro-
priate pains and penalties to prevent the
same, but when no rate of interest is agreed
upon the rate shall not exceed six per cent
per annum
[Note -The foregoing Sec. 11 of Art XVI was
amended from the original, setting 10 per cent
and 6 per cent as interest rates, in place of orig-
inal provision for 12 per cent and 8 per cent
Submitted by Twenty-Second Legislature (1891).
ratified in election Aug 11, 1891, and declared
adopted Sept 22. 1891 1
Sec. 12. Officers Not Eligible.-No member
of Congress nor person holding or exercising
any office of profit or trust under the United
States. or either of them. or under any for-
eign power, shall be eligible as a member of
the Legislature or hold or exercise any office
of profit or trust under this State
Sec. 13. Legislature Shall Pass Arbitration
Laws.-It shall be the duty of the Legislatu e
to pass such laws as may be necessary and
proper to decide differences by arbitration
when the parties shall elect that method of
trial.
Sec 14 Residence of Officers.-All civil
officers shall reside within the State. and all
district or county officers within their dis-
tricts or counties and shall keep their offices
at such places as may be required by law.,
and failure to comply with this condition
shall %acate the office so held.
Sec. 15. Community Property of Husband
and Wife: Partition Thereof.-All property.
both real and personal, of the wife. owned
or claimed by her before marriage, and that
acquired afterward by gift, devise or descent,
shall be the separate property of the wife:
and laws shall be passed more clearly defin-
ing the rights of the wife. In relation as well
to her separate property as that held in com-
mon with her husband provided that hus-
band and wife. without prejudice to pre-
existin, creditors may from time to time by
written instrument as if the wife were a

femme sole partition between themselves in
severaltv or into equal undivided interests
all or any part of their existing community
property, or exchange between themselves
the community interest of one spouse in any
property for the community interest of the
other spouse in other community property.
whereupon the portion or interest set aside
to each spouse shall be and constitute a part
of the separate property of such spouse.
This amendment is self-operative, but laws
may be passed prescribing requirements as
to the form and manner of execution of such
instruments, and providing for their recorda-
tlon, and for such other reasonable require-
ments not inconsistent herewith as the Legis-
lature may from time to time consider proper
with relation to the subject of this amend-
ment Should the Legislature pass an act
dealing with the subject of this amendment
and prescribing requirements as to the form
and manner of the execution of such instru-
ments and providing for their recordation and
other reasonable requirements not inconsist-
ent herewith and anticipatory hereto, such
act shall not be lnalld by reason of its an-
tlcipatoN character and shall take effect just
as though this Constitutional Amendment was
in effect %when the act was passed
[Note -Sec 15 of Art XVI originally had no
proision tr Ddrtition of community property of
husband and w~ife Provision for partition, as pre
scribed" above, was the purpose of the foregoing
amended section. Submitted by Fiftieth Legisla-
ture (1947) and adopted in election Nov 2, 1948 1
Sec. 16. Banking Corporations.-The Legis-
lature shall by general laws. authorize the
incorporation of corporate bodies with bank-
ing and discounting privileges. and shall oro-
vide for a system of state supervision.
regulation and control of such bodies which
will adequately protect and secure the de-
positors and creditors thereof.
No such corporate body shall be chartered
until all of the authorized capital stock has
been subscribed and paid for in full in cash
Such body corporate shall not be authorized
to engage in business at more than one place.
which shall be designated in its charter.
No foreign corporation other than the na-
tional banks of the United States. shall be
permitted to exercise banking or discounting
privileges in this State
INote -The foregoing Se.. 16 of Art XVI has
been twice amended from the original, as forlows
(1) To eliminate the original provision that "Ni
corporate body shall hereafter be created, re-
newed or extended with banking or discounting
prn ileges," and making possible the estaollshment
of the present state banking s stem Submitted
by the Twenty-Eighth Leegislature (13,. ratified
in an election No% S, 1904, and declared adopted
Dec 29, 1904 (21 Enminating a provision. con-
taiied in the amendment 0, 1904, making share-
holders of banks liable to the extent of twice the
par %alue of the shares owned Submitted by the
Forth-Fifth Legislature (1937), and ad .pted min
an election Aug. 23, 1937. I
Sec 17. Officers to Perform Duties Until
Successor Qualified.-All officers within this
State shall continue to perform the duties of
their offices until their successors shall be
duly quallfie,
Sec. 13. Vested Raghts.- The rights of prop-
erty and of action, which have been acquired
under the constitution and the lawss of the
Republic and State, shall not be divested:
nor shall any rights or actions which have
been divested, barred or declared null and
void by the Constitution of the Republic and
State be relnv;ested, renewed or reinstated
by this Constitution: but the same shall re-
main prectseli in the situation which the'
wee before tlhe adpthar. of thbia Cor.stitu-
.'o, uness otherwise hertin provided and