Texas Almanac, 1949-1950 Page: 77
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STATE CONSTITUTION. 7?
Article IX.-(Continued.); Article X.
such city or town unless authorized by a
majority of all votes cast by the resident
qualified voters of such city or town.
d. Areas urban in character though not in-
corporated, under appropriate charter provi-
sion may be defined as such by the governing
body of the county, provided, however, that
no portion of the county shall be defined as
an urban area unless it has sufficient popu-
lation to entitle it to incorporate under the
then existing laws of the State; and no such
urban area, when created, shall be vested
with any taxing or bonding power which it
would not possess if it were operating as a
separate incorporated unit under the then
existing constitutional and statutory provi-
sions of this State: and provided further that
the governing body of the county for the
government of such areas shall have and
exercise all powers and authority granted
by law to the governing bodies of similar
areas when separately incorporated as a city
or town, and such areas shall be subject to
additional taxation within the same consti-
tutional limits as control taxation for a city
or a town of like population. Likewise such
charter may provide for the governing board
of the county subject to existing constitu-
tional and statutory provisions to define.
create and administer districts, and have and
exercise the powers and authority granted
by the Constitution and laws relative to the
(7) No provision of this Constitution incon-
sonant with the provisions of this Section 3.
of Article IX, shall be held to control the
provisions of a charter adopted hereunder,
and conforming herewith. Charters adopted
hereunder shall make appropriate provision
for the abandonment, revocation, and amend-
ment thereof, subject only to the require-
ments that there must be a favoring majority
of the vote cast upon such a proposal, by
the qualified resident electors of the county;:
and. no charter may forbid amendments
thereof for a time greater than two (2) years.
The provisions hereof shall be self-executing,
subject only to the duty of the Legislature
to pass all laws (consistent herewith) which
may be necessary to carry out the intent and
purpose hereof. Further, the Legislature shall
prescribe a procedure for submitting to deci-
sion. by a majority vote of the electors,
voting thereon, proposed alternate and elec-
tive charter provisions.
[Nte.-The foregoing Sec. 3 of Art. IX, an
amendment, was added to the Constitution for
the purposes of providing for county government
under home rule charter, when of stated popula-
tion;: making permissible consolidation of city and
county governments under stipulated conditions:
and for other stated purposes. Submitted by the
Forty-Third Legislature (1933), and adopted in
an election Aug. 26, 1933.]
Sec. 1. Railroads Connecting at State Lines;
Crossing; Continuous Lines.-Any railroad
corporation or association organized under
the law for the purpose shall have the right
to construct and operate a railroad between
any points within this State. and to connect
at the State line with railroads of other
States. Every railroad company shall have
the right with its road to intersect, connect
with or cross any other railroad; and shall
receive and transport each the other's pas-
sengers, tonnage and cars, loaded or empty,
without delay or discrimination, under such
regulations as shall be prescribed by law.
*Article [Sec.] 2 Public Highways; Com-
mon Carriers; Duty of the Legislature; Fix.
i ng Rates.-Railroads heretofore constructed
or which may hereafter be constructed in this
State are hereby declared public highways
and railroad companies common carriers. The
Legislature shall pass laws to regulate rail-
road freight and passenger tariffs, to correct
abuses, and prevent unjust discrimination
and extortion in the rates of freight and
passenger tariffs on the different railroads
in this State. and enforce the same by ade-
quate penalties: and to the further accom-
plishment of these objects and purposes may
provide and establish all requisite means and
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-
lishment of the Railroad Commission of Texas.
Submitted by Twenty-First Legislature (1889).
ratified in an election Nov. 4. 1890, and declared
adopted Dec. 19. 1890.1
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 oe 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
managers 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
"Eplanatory Note.-The legislative resolution
submitting this amendment erroneously used the
word, "Article," instead of the usual abbrevia-
tion, "Sec." Order used above is according to
official draft Of the Constitution.
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Texas Almanac, 1949-1950, book, 1949; Dallas, Texas. (texashistory.unt.edu/ark:/67531/metapth117167/m1/79/: accessed July 29, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.