Texas Almanac, 1949-1950 Page: 79
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S'IATE CONSTI[ TIOr
Article XI.-(Continued.); Articles XII, XIII.
Sec. 8. State Aid for Seawalls, Etc.-The
counties and cities oia the Gulf Coast being
subject to calamitous overflows and a very
large proportion of the general te~enue 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 itr. 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 therefor. fire engines
and the furniture thereof, and all property
used or intended for extinguishing tires, pub-
lic grounas and all other property devoted
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 mechani's or builaer's lien, or other
liens now existing.
Sec. 10. City ur 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
authorizing the city authorities to levy and
collect a tax for the support and maintenance
of a public institution of learning, sach 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.
See. 1. Corporations Created by General
...-aws.-No private corporation shall be cre-
ated except by general laws.
See. 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
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 tnder 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 haA e been
specially authorized by law.
See 5. Freights, Wharfage. Fares or Tolls
Subject to Legislative Control.-All las
granting the right to demand and collect
freights. fares, tolls or wharfage shall at all
*Explanatory Note.-The starting of a new
sentence at this point follows the official draft
of the Constitution, but it is evident that the
foregoing phrase ending with 'localities" was
meant to modify the following sentence.
rimes be suoject to amendment. mtrodification
or repeal by tho Legisla'ure.
Sac. 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.
See. 7. Vested Rights Protected.-Nothing
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
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
provide a method for determining what lands
have been forfeited and for giving effect of
escheats: and all such rights of forfeiture
and escheat to the State shall. ipso facto.
inure to the protection of the innocent holders
of junior titles, as provided in Secs. 2. 3 and
4 of this article.
Sec. 2. Lands Not Recorded, Archived or in
Possession.-Any claim of title or right to
land in Texas. issued prior to the 13th day
of November. 1835. not duly recorded in the
county where the land was situated at the
time of such record. or not duly archived in
the General Land Office, or not in the actual
possession of the grantee thereof, or some
person claiming under him. prior to the ac-
cruing of junior title thereto from the sov-
ereignty of the soil, under circumstances
reasonably calculated to give notice to said
junior grantee, has never had, and shall not
have, standing or effect against such Junior
title, or color of title, acquired without such
or actual notice of such prior claim of title
or right: and no condition annexed to such
grants, not archived or recorded, or occupied
as aforesaid, has been or ever shall be re-
leased or waived, but actual performance of
all such conditions shall be proved by the
person or persons claiming under such title
or claim of right in order to maintain action
thereon, and the holder of such Junior title.
or color of title, shall have all the rights of
the government which have heretofore ex-
isted, or now exist, arising from the non-
performance of all such conditions.
Sec. 3. Nonpayment of Taxes; Presump.
tions.-Nonpayment of taxes on any claim
of title to land dated prior to the 13th day
of November. 1835, not recorded or archived.
as provided in Sec. 2. by the person or per-
sons so claiming or those under whom he or
they so claim, from that date up to the date
of the adoption of this Constitution, shall
be held to be a presumption that the right
thereto has reverted to the State. and that
said claim is a stale demand, which presump-
tion shall only be rebutted by payment of all
taxes on said lands. State, county and city or
town, to be assessed on the fair value of
such lands by the Comptroller, and paid to
him. without commutation or deduction for
any part of the above period.
Sec. 4. Titles Not to Be Recorded or Ar-
chived: Actual Possession; "Duly Recorded"
Defined.-No claim of title or right of land
which issued prior to the 13th day of Novem-
ber. 1835. which has not been duly recorded
in the county where the land was situated
at the time of such record, or which has not
been duly archived in the General Land Of-
fice shall ever hereafter he deposited in the
General Land Office. or iecoided in this State.
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Texas Almanac, 1949-1950, book, 1949; Dallas, Texas. (texashistory.unt.edu/ark:/67531/metapth117167/m1/81/: accessed April 30, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.