Journal of the Senate of Texas being the Third Called Session of the Forty-Second Legislature Page: 75
This legislative document is part of the collection entitled: Texas Senate Journals and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
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SENATE JOURNAL. 75
further, such deposit often exceeds by appeal, the completed cost of the
the penal sum named in the official work probably will be proved to
bond of such clerks, or the bond of be within the preliminary estimates
his depositary. and the authorization based thereon.
(f) Public improvements in the The facts hereinbefore related
State of Texas, in much the greater create preventable confusion, un-
part, require the taking of private certainty in, and impediments to,
property for public uses, and they the effective, economical and orderly
are financed either by express leg- administration of the public busi-
islative appropriation, or authoriza- ness. By reason of these considera-
tion; or, by bond issues authorized tions, with a due and just regard of
by electoral vote. Such legislative private rights, the proposed Act Is
appropriations and such bond issues designed to remove the existing
are based on preliminary investiga- avoidable obstructions to the ad-
tions and estimates of the probable ministration of the public business.
cost of the proposed improvements.
and the authorization for the max- Committee Room,
Imum permissible expenditures are Austin, Texas, Sept. 7, 1931.
fixed within such prior estimates. Hon. Edgar E. Witt, President of the
Such preliminary estimates include Senate.
the probable cost of lands and the Sir: We, your Committee on Civil
payment of damages to remainders Jurisprudence, to whom was referred
of land where only part is required S. B. No. 18, A bill to be entitled
to be taken for public use. In many "An Act to facilitate the efforts of
such undertakings there exists ex- Water Control and Improvement
treme necessity that the proposed Districts (having powers under Sec-
improvements be completed and tion 59 of Article XVI of the Con-
made ready for use, or be advanced stitution of Texas, controlling works
to a state of completion which will self liquidating in character, and
enable material already in place to being eligible for relief under the
resist the destructive forces of na- provisions of the Act of Congress
ture, with the minimum of avoidable known as the 'Emergency Relief
delay. In such works it must he and Construction Act of 1932') to
contemplated that the same will be procure loans from the Reconstruc-
completed without incurring debts tion Finance Corporation; or, from
in excess of the authorization other sources without distinction as
therefor. to the facilities being self liquidat-
(g) In many of such public un- ing. Providing the manner in
.dertakings the cost of land and which such loans may be procured,
damages to remainders of land how evidenced and how secured and
where part only is required to be paid. Also declaring an emer-
taken, constitute a very large pro- gency."
portion of the total cost of the im- Have had the same under con-
provements planned, estimated and sideration, and I am instructed to
authorized. Much of the property report it back to the Senate with the
required must be obtained by means recommendation that it do pass, and
of condemnation, and in many cases be not printed.
the awards are deemed to be ex- SMALL, Vice-Chairman.
cessive to a degree making appeals
necessary to effect prudent manage- Committee Amendment No. 1.
ment. The present requirement that
the State's said corporate govern- It is moved that said Bill be
mental agencies, pending appeal in amended by inserting in Line 7 of
condemnation proceedings, and as a the Preamble of said Bill, immedi-
condition precedent to the issuance ately between the words 1932 and
of the writ of possession, must de- the bracket character the.following:
posit double the amount of such but intending to include herein only
awards, often may result to force water control and improvement dis-
a suspension of partially completed tricts which have been, or which
works, or, alternately, the incurring hereafter may be, established as
of obligations by such agents of the "Municipal Districts," under the
State in sums exceeding the author- provisions of Section 18. of Chapter
ized cost of such improvements: 280, Acts of the 41st Legislature.
This notwithstanding the fact that. Regular Session.
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Texas. Legislature. Senate. Journal of the Senate of Texas being the Third Called Session of the Forty-Second Legislature, legislative document, 1932; (https://texashistory.unt.edu/ark:/67531/metapth142181/m1/81/?q=%22%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.