Texas Almanac, 1947-1948 Page: 77
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STATE CONSTITUTION.
Article X.-(Continued.); Article XI.
agencies invested with such powers as may be
deemed adequate and advisable.
[Note.-The foregoing *"Article [Sec.] 2" of
Art. X is an amended section, the amendment
being in the last clause which permitted estab-
lishnent of the Railroad Commission of Texas.
Submitted by Twenty-First Legislature (1889),
ratified in an election Nov. 4, 1890, and declared
adopted Dec. 19, 1890.]
Sec. 3. Railroads to Keep Public Office In
State; Directors; Annual Report.-Every rail-
road or other corporation, organized or doing
business in this State under the laws or
authority thereof, shall have and maintain a
public office or place in this State for the
transaction of its business, where transfers
of stock shall be made, and where shall be
kept, for inspection by the stockholders of
such corporations, books in which shall be
recorded the amount of capital stock sub-
scribed, the names of the owners of the stock,
the amounts owned by them, respectively, the
amount of stock paid, and by whom, the
transfer of said stock, with the date of the
transfer the amount of its assets and liabili-
ties, and the names and places of residence of
Its officers. The directors of every railroad
company shall hold one meeting annually in
this State, public notice of which shall be
given thirty days previously, and the presi-
dent or superintendent shall report annually
under oath to the Comptroller or Governor
their acts and doings, which report shall in-
clude such matters relating to railroads as
may be prescribed by law. The Legislature
shall pass laws enforcing by suitable penalties
the provisions of this section.
Sec. 4. Rolling Stock for Railroad Property
Not Exempt From Execution.-The rolling
stock and all other movable property belong-
ing to any railroad company or corporation
In this State shall be considered personal
property, and its real and personal property,
or any part thereof, shall be liable to exe-
cution and sale in the same manner as the
property of individuals; and the Legislature
shall pass no laws exempting any such prop-
erty from execution and sale.
Sec. 5. Railroads Shall Not Consolidate
With Competing Lines.-No railroad or other
corporation, or the lessees, purchasers or
mana ers of any railroad corporation, shall
consolidate the stock, property or franchises
of such corporation with or lease or purchase
the works or franchises of or in any way
control any railroad corporation owning or
having under its control a parallel or com-
peting line; nor shall any officer of such
railroad corporation act as an officer of any
other railroad corporation owning or having
the control of a parallel or competing line.
Sec. 6. No Railroad Shall Consolidate With
a Foreign Road.-No railroad company organ-
ized under the laws of this State shall con-
solidate by private or judicial sale or other-
wise with any railroad company organized
under the laws of any other State or of the
United States.
Sec. 7. No Street or Public Highway Shall
Be Used for the Construction of Street Rail-
ways Without the Consent of the Local
Authorities Having Control of the Street or
Highway.-No law shall be passed by the
Legislature granting the right to construct
and operate a street railroad within any city.
town or village, or upon any public highway
without first acquiring the consent of the
local authorities having control of the street
or highway proposed to be occupied by such
street railroad.
See. 8. Conditions Upon Which Railroad
Corporations May Receive the Benefit of Fu-
ture Legislation.-No railroad corporation in
existence at the time of the adoption of this.
Constitution shall have the benefit of any]
future legislation except on condition of comn{plete acceptance of all the pro visions of this
Constitution applicable to railroads.
Sec. 9. Under Certain Conditions Railroads
Must Be Constructed Through County Seats.
-No railroad hereafter constructed in this
State shall pass within a distance of three
miles of any county seat without passing
through the same, and establishing and main-
taining a depot therein, unless prevented by
natural obstacles, such as streams, hills or
mountains; provided, such town or its citi-
zens shall grant the right of way through its
limits and sufficient ground for ordinary
depot purposes.
ARTICLE XI.-MUNICIPAL CORPORA-
TIONS.
See. 1. Counties Are Legal Subdivisions of
the State.-The several counties of this State
are hereby recognized as legal subdivisions
of the State.
Sec. 2. Public Buildings and Roads.-The
construction of jails, courthouses and bridges,
and the establishment of county poorhouses
and farms and the laying out, construction
and repairing of county roads shall be pro-
vided for by general laws.
Sec. 3. No County or Municipal Corporation
Shall Becomes a Subscriber to the Capital
Stock of Any Private Corporation or Make
Any Donation to the Same.-No county, city
or other municipal corporation shall here-
after become a subscriber to the capital of
any private corporation or association, or
make any appropriation or donation to the
same, or in anywise loan its credit; but this
shall not be construed to in any way affect
any obligation heretofore undertaken pursu-
ant to law.
Sec. 4. Cities and Towns Having a Popula-
tion of Less Than 5,000 Inhabitants to Be
Chartered by General Laws; Dues to Be Col-
lected in Current Money.-Cities and towns
having a population of 5.000 or less may be
chartered alone by general law. They may
levy, assess and collect such taxes as may be
authorized by law, but no tax for any pur-
pose shall ever be lawful for any one year
which shall exceed 1 per cent of the taxable
property of such city, and all taxes shall be
collectible only in current money, and all
licenses and occupation taxes levied, and all
fines, forfeitures and penalties accruing to
said cities and towns shall be collectible only
in current money.
[Note.-The foregoing Sec. 4 of Art. XI has
been twice amended, as follows: (1) To provide
that towns of 5,000 or less (instead of 10,000 or
less, as provided by the original section) may be
chartered alone by general law. Submitted by
Thirty-First Legislature (1909), ratified min an
election Aug. 3, 1909, and declared adopted Sept.
24, 1909. (2) To authorize a maximum tax rate,
in towns of 5,000 or less, of 114 per cent of tax-
able values, min lieu of the originally specified
maximum of one fourth of 1 per cent. Submitted
by Thirty-Sixth Legislature (1919) and adopted
at election of Nov. 2, 1920.1
Sec. 5. Cities of More Than 5,000 Inhabi-
tants May by a Majority Vote of the Qualified
Voters Adopt Their Own Charter; Limitation
as to Taxation and Debt.--Cities having more
than five thousand (5,000) inhabitants may
by a majority vote of the qualified voters of
said city, at an election held for that purpose,
adopt or amend their charters, subject to
such limitations as may be prescribed by the
Legislature, and providing that no charter
or any ordinance passed under said charter
shall contain any provision inconsistent with
the Constitution of the State or of the general
laws enacted by the Legislature of this State,
said cities may levy, assess and collect such
taxes as may be authorized by law or by
their charters; but no tax for any purpose
shall ever be lawful for any one year which
shall exceed 2% per cent of the taxable prop-
erty of such city, and no debt shall ever be
created by any city unless at the same time
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Texas Almanac, 1947-1948, book, 1947; Dallas, Texas. (https://texashistory.unt.edu/ark:/67531/metapth117136/m1/79/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.