The Laws of Texas, 1931-1933 [Volume 28] Page: 12 of 2,111
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4 GENERAL AND SPECIAL LAWS.
pany of Texas, are hereby given and granted consent and permission
to file suit against the Highway Commission of the
State of Texas, as such commission, and the State of Texas, in
any State District Court in Travis County, Texas. Said suit
shall be based upon those two certain purported contracts entered
into. signed, executed and delivered by and between members
of the Highway Commission and the Red River Bridge
Company of Texas, on or about the 5th day of July, 1930, provided,
however, that said suits shall be filed within ninety (90)
days from and after this Act shall take effect; provided, however,
that a writ of injunction will not lie for the purpose of
closing said bridge if and when the same is opened for traffic
by the dissolution of the pending injunction or otherwise. This
limitation, however, shall not be construed to mean that the
said Red River Bridge Company and/or J. R. Handy as Receiver.
will be denied any right which either of them may have
to injunctive relief or otherwise against any public official of
the State of Texas, the State of Texas, or any agency thereof,
for the enforcement of any judgment which may be obtained
against the State of Texas or the Highway Commission, as such.
SEC. 2. The State of Texas and said Highway Commission,
in case a judgment may be obtained by said Red River Bridge
Company. or the said J. R. Handy as Receiver for Red River
Bridge Company, may appeal from said judgment as is provided
by law for other parties, and the State and said Highway
Commission shall not be required to execute any bond, and if
a final judgment be recovered against the State of Texas or said
Commission, the same shall be paid in full out of State Highway
funds, and the Red River Bridge Company of Texas, and J. R.
Handy as Receiver, shall have the right of appeal as provided
by law in other cases.
SEC. 3. Service in said cause shall be had by citing the Governor,
the Chairman of the Highway Commission and the Attorney
General of the State of Texas.
SEC. 4. The consent herein granted is further conditioned
that the said Red River Bridge Company or J. R. Handy, Receiver,
will, within fifteen (15) days from the time this Act
is approved and/or filed with the Secretary of State by the
Governor, join in a motion with the said State Highway Commission
requesting the dissolution of the temporary injuction
now pending and dismissal of said suit upon which the same is
based, provided however, the Highway Commission may file
a motion to dissolve said injunction immediately upon the approval
and, or filing of this Act in the office of the Secretary by
the Governor, and in the event such motion should be granted before
the expiration of said fifteen (15) days, then in that event
the provisions herein with respect to the said fifteen days will
SEC. 5. Provided, that the State of Texas, the Highway Commission,
or the Attorney General of the State of Texas shall have
no power to compromise said suit or to pay out any sum of
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1931-1933 [Volume 28], book, 1933; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth17293/m1/12/: accessed July 27, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .