The Laws of Texas, 1931-1933 [Volume 28] Page: 60 of 2,111
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52 GENERAL AND SPECIAL lAWS.
made or promulgated by the Commission, under the terms of
this Act and who may be dissatisfied therewith, shall have the
right to file a suit in a court of competent jurisdiction in Travis
County, Texas, and not elsewhere, against the Commission, as
defendant, and ask for such relief as may be necessary to annul,
correct or modify such rule or order so promulgated by the
Commission. Such suit shall be advanced for trial and be determined
as expeditiously as possible and no postponement thereof
or continuance shall be granted except for reasons deemed imperative
by the Court. In all trials under this section, the burden
of proof shall be upon the party complaining of such rule,
regulation or order and such rule, regulation or order so complained
of shall be deemed prima facie valid until otherwise
SEC. 9. Any party feeling aggrieved by any order, rule, or
regulation of the Railroad Commission shall be entitled to judicial
review thereof in the manner provided under exi-ting law,
and as provided in this Act.
SEC. 10. No injunction shall be granted against the Railroad
Commission to restrain it from enforcing rules, regulations
and orders made and promulgated by the Commission under the
terms of this Act or of any conservation statutes of this State
relating to oil or gas except after notice to the Commission and
a hearing. Provided, however, that before any injunction or
restraining order shall become effective the plaintiff shall be
required by the court to execute a bond with good and sufficient
sureties in an amount to be fixed by the court reasonably sufficient
to indemnify all persons whom the court may find from the
facts proven, will suffer damages by reason of the violation of
the rule, regulation or order complained of, such persons to be
named in the order of the judge when the amount of the bond
is fixed by the court and entered of record; provided that the
finding of the court that any party is likely to suffer damage
shall not be admissible as evidence of damages in any suit on
such bond. In determining the amount of such bond it shall be
the duty of the judge to take into consideration all of the facts
and circumstances surrounding the parties and the ability of
the plaintiff to make such bond in order to determine the
amount and the reasonableness thereof under the facts and circumstances.
Any bond made or executed by any bonding or
surety company shall be by some company authorized to do
business in Texas. Such bond shall be made payable to and
approved by the judge of said court and shall be for the use and
benefit and may be sued on by all persons named in said order
who may suffer damages by reason of the violation of such rule,
regulation or order and shall bring suit thereon before the expiration
of six months from the date of the final determination
of the validity in whole or in part of such rule, regulation or
order, provided further that any person believing himself to be
entitled to protection under said bond shall have the right, with-
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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/m1/60/: accessed May 26, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .