General and Special Laws of The State of Texas Passed By The Third Called Session of the Fifty-Seventh Legislature and the Regular Session of the Fifty-Eighth Legislature Page: 50
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58TH LEGISLATURE-REGULAR SESSION
PUBLIC UTILITIES-SERVICE DEPOSITS
CHAPTER 32
H. B. No. 207
An Act amending Acts, 1923, Thirty-eighth Legislature, Second Called Session,
Chapter 47, page 101, codified as Article 1440, Vernon's Annotated Civil Stat-
utes, and also codified as Article 1054, Vernon's Annotated Penal Code; and
declaring an emergency.
Be it enacted by the Legislature of the State of Texas:
Section 1. That Acts, 1923, Thirty-eighth Legislature, Second Called
Session, Chapter 47, page 101, codified as Article 1440, Vernon's Annotated
Civil Statutes, be and the same is hereby amendedo0 so that said Article
1440 shall hereafter read as follows:
"Article 1440
"Every person, firm, company, corporation, receiver or trustee engaged
in the furnishing of water, light, gas or telephone service which requires
the payment on the part of the user of such service a deposit of money
as a condition precedent to furnishing the same, shall pay six per cent
(6%) interest per' annum on such deposit to the one making same, or to
his heirs or assigns, from the time of such deposit, the same to be paid
annually on demand or sooner if such service be discontinued. When such
service is discontinued, such deposit, together with any unpaid interest
thereon, or such part of such deposit and unpaid interest, not consumed
in bills due for such service, shall be returned to such depositor, his heirs
or legal representatives."
Sec. 2. That Acts, 1923, Thirty-eighth Legislature, Second Called Ses-
sion, Chapter 47, page 101, codified as Article 1054, Vernon's Annotated
Penal Code, be and the same is hereby amended 3' so that said Article 1054
shall hereafter read as follows:
"Article 1054
"Every person, firm, company, corporation, receiver or trustee engaged
in the furnishing of water, light, gas or telephone service which requires
the payment on the part of the user of such service a deposit of money as
a condition precedent to furnishing any such service, shall pay six per
cent (6%) interest per annum on such deposit to the one making same,
or to his heirs or assigns, from the time of such deposit, the same to be paid
annually on demand, or sooner if such service be discontinued. When
such service is discontinued, such deposit, together with any unpaid in-
terest thereon, or such part of such deposit and unpaid interest not con-
sumed in bills due for such service, shall be returned to such depositor, his
heirs or legal representatives. Whoever violates any provision of this.
Article shall be fined not less than Twenty-five Dollars ($25) nor more
than Two Hundred Dollars ($200), or be confined in jail not less than six
(6) months nor more than one year, or both."
Sec. 3. The fact that strict compliance with the present law is vir-
tually impossible, and the fact that reasonable and enforceable require-
ments are needed to insure payment of such interest to said depositors
create an emergency and an imperative public necessity that the Constitu-
tional Rule requiring bills to be read on three several days in each House
30. Vernon's Ann.Civ.St. art. 1440.
31. Vernon's Ann.P.C. art. 1054.
50Ch. 32
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Texas. Legislature. General and Special Laws of The State of Texas Passed By The Third Called Session of the Fifty-Seventh Legislature and the Regular Session of the Fifty-Eighth Legislature, legislative document, 1963; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth221759/m1/386/?q=+date%3A1945-1972: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.