February 20, 1947 HOUSE JOURNAL 423February 20, 1947 HOUSE JOURNAL 423 TWENTY -THIRD DAY (Thursday,...

February 20, 1947 HOUSE JOURNAL 423

TWENTY -THIRD DAY

(Thursday, February 20, 1947)

The House met at 10:00 o'clock a. m., pursuant to adjournment, and was called to order by Speaker Reed.

The roll of the House was called, and the following Members were present:

Mr. Speaker Abington Atkinson Aynesworth Barber Bean Bell of DeWitt Bell of Bexar Berry Blankenship Blount Bracewell Brooks Callaway Cannon Celaya Chapman Clifton Collie Colson, Mrs. Conner Cowen Cox Craig Crawford Crosthwait Davis Edwards Elliott Etheredge Evans Fant Fertsch Flanagan Fleming Fly Ford Gandy Gardner Gathings Gilmer Godard Green Gregory Gull'ey Hanna Heatly He !lin Heideke Helplnstill Henderson Holstein

Holt Horany Hydrick Isaacks Jackson Ja!pes Jameson Jones of Bosque Jones of Hunt Jones of Travis Kazen Kennington Kilgore King Kirkpatrick Lanier Latimer Lee Lehman Lewis Lightfoot Lock Luedemann Mahan Manford Mangum Markle Martin Miller Moore of Harris Moore

of Val Verde Moore

of Red River Moore of Brazos Murphy McClain McDaniel McLellan McVey Nokes Oltorf Overton Parkhouse Pearson Peters Pyle Rampy Read Reams Richards Ridgeway

Sadler Sallas Sellers Senterfitt Shackelford Shannon Sharp Slimp Smith of Hays Smith of Jack Smith of Lubbock South Spacek Sparks Spencer Still, Mrs. Stockard Storey Stump Suiter, Miss Svadlenak Swanson

Teague Templeton Thomas Timmons Tippen Turner Wagonseller Walker Wallace Ward Whitworth Williams of Bexar Williams of Scurry Willis of Tarrant Willis of Kaufman Wilson Wiseman Wood Wright Yezak Zivley

Absent-Excused

Hughes Johnson McFarland

Watson Williamson

A quorum was announced present.

Prayer was offered by Rev. J. H. Clark, Chaplain, as follows:

"Oh Lord, our Lord and Master, our Correct Standard in the measure of Character, in practice our Perfect Pattern, we pray Thee let integrity and uprightness possess and preserve us while we wait on Thee, oh Lord, our Rock and our Redeemer. Amen and Amen."

LEAVES OF ABSENCE GRANTED

The following Members w e r e granted leaves of absence on account of important business:

Mr. Watson for today and tomorrow on motion of Mr. Jones of Bosque.

Mr. Johnson for today on motion of Mr. Stump.

The following Member was granted leave of absence on account of illness:

Mr. McFarland for today on motion of Mr. Thomas.

HOUSE BILLS ON FIRST READING

The following House bills Introduced today were laid before the

424 HOUSE JOURNAL

House, read severally first time and I clause; repealing all laws or parts referred to the appropriate commit- of laws In conllict herewith; and de-tees, a.s follows: claring an emergency."

By Mr. Ridgeway, Mr. Bell of Referred to the Committee on Ed-Bexar, Mr. Latimer and Mr. Wil- ucation. liams of Bexar:

H. B. No. 434, A bill to be 'entitled "An Act amending Article 3899, Revised Civil Statutes of Texas, 1925, as amended by Chapter 6 2 9, Acts of 47th Legislature, Regular Session, by adding a new paragra.ph to sub-section (b) of said Article, authorizing the Commissioners' Court of any county affected by the provisions thereof to compensat'll sheriffs, deputy sheriffs, constables, deputy constables and juvenile and/or probation officers on a monthly car or automobile allowance in lieu of mileage; providing for the amendm1>nt of the present budget of each such county immediately upon the effective date of this Act; providing for a savings clause; providing for the rep'llal of all laws and parts of laws in conlli~t herewith and declaring an emerg'!lncy."

By Mr. Etheredge:

H. B. No. 438, A bill to be entitled "An Act llxing the compensation of Justice of the P'llace, In any county where the main unit of the Texas Prison System is located, repealing all laws in conllict herewith; and declaring an emergency."

Referred to the Committee on Counties.

By Mr. Pearson, Mr. Kilgore, and Mr. Rampy:

H. B. No. 439, A bill to be entitled "An Act amending Section 9, Chapter 3 9 5, the same b-eing Senate Bill 12 8, Acts of the Regular Session of the 48th Legislature by adding a provision requiring the Board of Pharmacy to issue a license to prac-

Referred to the Committee Counties.

By Mr. Williams of Scurry:

tice Pharmacy in this state to persons who have been registered In

on some other State or Territory for a period of not less than six years Immediately prior to the effective date of this Act; providing that such per-

H. B. No. 435, A bill to be entitled "An Act to increase the Civil Jurisdiction of the County Court of Kent CountY, and declaring an emergency."

son's license Is In good standing and that such p'llrson is of good moral character, and providing that such other Board in its examinations required the sa.me general degree of fitness required by this State; and declaring an emergency." Ref'llrred to the Committee on Ju

diciary. R'!lferred to the Committee on By Mr. Jackson. Mr. Cox, Mr. Public Health.

Slimp, Mr. Lock and Mr. Helpinstill:

H. B. No. 436, A bill to be entitled "An Act to amend Section 4 of Article 2654-a of the Revised Civil Statutes of Texas, same being Chapter 2 3 7, Page 3 51, Acts of the Fortieth Legislature, 1927, so as to authorize the governing boards of the various state institutions of higher learnIng to cha.rge certain fees from all students to cover the costs of student services; naming the student serviC'Ils included; limiting the amount of said fee; validating certain fees and charges previously collected, charged or attempted to be collected; providing a s a v I n g s

By Mr. Parkhouse:

H. B. No. 440, A bill to be entitled "An Act repealing Chapter 6 7, Page 86, General Laws of the 48th Legislature, 1943; providing an Employment and Labor Agency Law for Texas; defining certain terms in th'll Act; defining certain exceptions; providing a method of licensing of employment and labor agencies and defining said licenses and fee therefor; providing for th'll posting of bonds; providing for suits on bond; providing a method of record keeping to be promulgated by the Commissioner of the Bureau of Labor Statistics; providing a method of cancelling li-


censes by the Commissioner and an appeal to the courts of any cancellation of license; providing for fees to be collected; providing receipt forms; prohibiting certain acts; prohibiting untruths by employer or applicant; providing for the display of licenses and law; declaring it to be a violation to operate without a license and providing penalties; defining the duties and authority of the Commissioner; providing for enforcement by the Civil Proceedings; providing for application and license shall be received as evidence; providing for the disposition for license fees collected; providing a saving clause; repealing conflicting laws; and declaring an emergency."

Referred to the Committee on Labor.

By Mr. Bell of DeWitt:

H. B. No. 441, A bill to be entitled "An Act amending House Bill No. 17, Acts of the Regular Session of the Forty-Sixth Legislature, so as to provide that such Act shall be administered by the "Texas Real Estate Commission," providing for the appointment of such Commission and the qualifications and tenure of the members; providing for an Administrator, defining the powers, duties and responsibilities of the Commission and the Administrator and the compensation of the Commission and the Administrator; providing for a bond by the Administrator; making provision for the transfer of records from the Secretary of State to the "Texas Real Estate Commission"; making provisions for licenses already issued; making provision for process, notices applications, orders and other instruments issued or filed at the time this Act becomes effective; making provisions for pending suits; providing that the "Texas Real Estate Commission" shall stand in lieu of Secretary of State and the Administrator of the Securities Division in so far as House Bill No. 17, Acts of the Regular Session of the 46th Legislature, is concerned; making certain exceptions thereto; providing a savings clause; and declaring an emergency."

Referred to the Committee on State Affairs.

By Mr. Jones of Hunt:

H. B. No. 442, A bill to be entitled "An Act declaring open season on fox in Hunt County, Texas, and making it lawful to kill any number of fox in Hunt County, Texas, at ail times; repealing all Jaws in conflict herewith; and declaring an emergency."

Referred to the Committee on Game and Fisheries.

By Mr. Lock:

H. B. No. 443, A bill to be entitled "An Act to transfer the License and Weight Division of the Department of Public Safety to the State Highway Department; authorizing the State High way Department to issue commissions to law enforcement members of the Department; providing for the cooperation of all county and municipal law enforcement officers; transferring any unexpended funds; repealing all laws and parts of laws in conflict herewith; providing a savings clause; and declaring an emergency."

Referred to the Committee on Highways and Roads.

MOTION TO RE-REFER H. B. NO. 44

Mr. McLellan moved that House Bill No. 44 be withdrawn from the Committee on Revenue and Taxation and referred to the Committee on Appropriations.

Mr. Gilmer moved to table the motion to re-refer H. B. No. 44.

Question recurring on the motion to table the motion to re-refer H. B. No. 44, yeas and nays were demanded.

The motion to table prevailed by the following vote:

Yeas-73

Abington Aynes worth Bell of DeWitt Bell of Bexar Berry Blankenship Bracewell Callaway Cannon

Chapman Collie Colson, Mrs. Cox Crawford Edwards Etheredge Fly Ford

426 HOUSE JOURNAL

Gardner Gilmer Godard Green Guffey Hanna Heatly Heideke Holstein Horany Isaacks Jackson Jones of Bosque Jones of Hunt Kennington Kilgore King Latimer Lock Mahan Man ford Martin Moore

of Red River Murphy McDaniel McVey Park house

Peters Rampy Read Reams Richards Ridgeway Sadler Sallas Sellers Shannon Sharp Slimp Smith Of Hays Smith of Jack South Sparks Storey Stump Svadlenak Swanson Tippen Wallace Ward Whitworth Williams of Bexar Williams of Scurry Wood Yezak

Atkinson Barber Bean Clifton Conner Cowen Davis Evans Fant Fertsch Flanagan Fleming Gandy Gathings Heflin Helpinstill Holt Hydrick James Jameson

Nays-51

Luedemann Markle Miller

Jones of Travis Kazen Kirkpatrick Lanier Lee Lewis

Moore of Harris Moore

of Val Verde Moore of Brazos McClain McLellan Oltorf Overton Shackelford Smith of Lubbock Spencer Still, Mrs. Stockard Teague Templeton Thomas Wagonseller Walker Willis of Kaufman Wilson 1

Wiseman Wright Zivley

Present-Not Voting

Turner

Blount

Absent

Brooks

Celaya Craig Crosthwait Elliott Gregory Henderson Lehman Lightfoot Mangum

Nokes Pearson Pyle Senterfttt Spacek Suiter, Miss Timmons Willis of Tarrant

Absent-Excused


Watson Williamson

BILLS ORDERED NOT PRINTED

On motion of Mr. Rampy, House Bills Nos. 260 and 261 were ordered not printed.

TO NAME MASCOTS OF THE HOUSE

Mr. Brooks offered the following resolution:

H. S. R. No. 90, To Name Miller B. Walker Jr. and Daniel Walker as Mascots.

Whereas, We have with us now proper persons to be named Mascots of the House of Representatives of' the Fiftieth Session of the Texas Legislature; and

Whereas, Miller B. Walker, Jr., age eight, and Daniel Walker, age three, are the all-boy family of our esteemed and distinguished fellow Member, Mlller B. Walker of Beaumont; now, therefore, be it

Resolved by the House of Representatives of the State of Texas, That Miller B. Walker, Jr. and Daniel Walker be named as Mascots of the Fiftieth Session and that the said Mascots have their pictures made and placed in the official group of this Body.

The resolution was referred to the Committee on Rules.

TO NAME MASCOTS OF THE HOUSE

Mr. Brooks offered the following reso I u tion :

H. S. R. No. 91, To Name Roland, Douglas, and Daryl Lee as Mascots.

Whereas, We have with us now the proper persons to be named Mascots

.February 20, 1947 HOUSE JOURNAL 427

of the House of Representatives of the Fiftieth Legislature in three sons, Roland Eugene, age nine years; Douglas Carvin, age five years; and Daryl Otis, age one and one-half years, the all-boy family of our esteemed and distinguished Member, the Honorable Otis Lee of Port Arthur; and

Whereas, These app·ealing youngsters endear themselves to all they meet; now, therefore, be it

Resolved by the House of Representatives, That Roland Eugene Lee, Douglas Carvin Lee, and Daryl Otis Lee be named Mascots of the Fiftieth Legislature and that they have their pictures made and placed with the Members of the House in the official group picture.


COMMUNICATION FROM MRS. JEROME TIMMONS

The Speaker lajd before the House and had read the following:

Hon. w. 0. Reed, Speaker Members, Texas House of Representatives. Austin, Texas

I want to thank you for your kind expression of friendship during my recent illness. It was a great help on my road to recovery.

MRS. JEROME TIMMONS.

RELATIVE TO THE APPOINTMENT OF HON. JOE B. DOOLEY AS

FEDERAL JUDGE

Mr. Shannon offered the following resolution:

H. s. R. No. 92, Relative to appointment of Hon. Joe B. Dooley as Federal Judge.

Whereas, Much has been said and printed in the past few weeks regarding the appointment of an o.utstanding Texas Attorney to the h1gh position of Federal Judge of the Northern District of this great State.

Whereas, This distinguished Texan, the Honorable Joe B. Dooley of Amarillo, Texas, has lived a simple yet honorable life here among the

rank a.nd file of the common citizens, at no time ever having his good name or his integrity questioned as a jurist or a private citizen.

Whereas, This out-standing Texan has never sought a public office, believing firmly that the office should seek the man rather the man seek the office. He is a life long democrat a.nd has confined his politics to that of voting ae a private citizen.

Whereas, The Junior Senator from Texas W. Lee O'Daniel, has appeared before the United States Judiciary Committee and stated that the Honorable Joe B. Dool·ey was personally obnoxious to him and further stated that Mr. Dooley represented the oil and railroad interests while he the Junior Senator represented the common people of Texas.

Whereas, The members of the 50th Legislature of Texas refute the statement of the Junior Senator that he represents the common people of our great State and call attention to the fact the.t the Junior Senator solicited funds for the publication of his W. Lee O'Daniel News in excess of $100,000.00 from the rich oil men in Texas and Oklahoma. These contributors' names have been called to the attention of the public through the press and radio both locally and nationally. "These statements are a matter of Congressional Record, which is prima facie evidence that the Junior Senator from Texas represents not the common people but the corporate interest; therefore, be it

Resolved, That the Members of the House of Representatives of Texas commend Honorable Tom Connally, distinguished Senior Senator from Texas for his foresight in sponsoring an outstanding citizen such as Honorable Joe B. Dooley of Amarillo. Texas, for this high office of Federal Judge of the Northern District. Over six million Texans are looking to the United States Senate Judiciary Committee and the United States Senate to ignore the petty political sla.nderous statements of the Junior Senator W. Lee O'Daniel and confirm the appointment of Honorable Joe B. Dooley; and be it further

Resolved, That a copy of this resolution be forwarded to the President of the United State, Senator Alex-

428 HOUSE JOURNAL • ander Wiley, Chairman, United States) Nays-71 Senate Judiciary Committee, the Honora.ble Tom Connally and the Abington Honorable W. Lee O'Daniel. Barber

Berry The resolution was read second Blount

time. Bracewell

On motion of Mr. Sparks, the resolution was referred to the Committee on State Afl'airs.

Cannon Chapman Clifton Collie Colson, Mrs.

PROVIDING FOR CERTAIN AD- Conner JOURNMENT PERIOD g~:ig

Mr. Sellers ofl'ered the following Crosthwait resolution: Davis

Evans H. C. R. No. 34, To Provide for Flanagan

Certain Adjournment Period. Fleming

Be It Resolved by the House of Representatives, the Senate concurring, That each House grant the other permission to adjourn from Thursday, February 20, 1947, until MondaY, February 24, 1947.

The resolution was read.

Gandy Gathings Hanna Heatly Holt Hydrick Isaacks James Jameson Jones of Travis

Question recurring on the reso- Kennington lution, yeas and nays were demanded. King

The resolution was lost by the fol- Kirkpatrick lowing vote: T...ee

Yeas-50

Lewis Luedemann Mahan Man ford

Mangum Martin Moore of Harris Murphy McClain McDaniel McLellan McVey Nokes Oltorf Overton Richards Shackelford Sharp Smith of Lubbock Spencer Still, Mrs. Stockard Storey Stump Suiter, Miss Svadlenak Swanson Teague Thomas Tippen Turner Wagonseller Walker Wallace Williams of Bexar Wood Wright Yezak Zivley

Atkinson Aynes worth Bean

lllarkle Miller Moore Present-Not Voting

Bell of DeWitt Bell of Bexar Callaway Cowen Edwards Elliott Etheredge Fant Fertsch Fly Ford Gardner Godard Guffey Heflin Heideke Jackson Jones of Bosque Jones of Hunt Kazen Kilgore Latimer Lock

of Val Verde Moore

of Red River Moore of Brazos Parkhouse Peters Read Reams Ridgeway Sadler Sallas Sellers Senterfitt Shannon Slimp Smith of Hays South Sparks Templeton Ward Williams of Scurry Willis of Kaufman Wilson

Horany

Blankenship Brooks Celaya Crawford Gilmer Green Gregory Helpinstill Henderson Holstein Lanier

Absent

Lehman Lightfoot Pearson Pyle Rampy Smith of Jack Spacek Timmons Whitworth Willis of Tarrant Wiseman

Absent-Excused


Watson Williamson


TO GRANT PERMISSION TO SUE and validating the bonds of such THE STATE districts, and repealing the laws in

The Speaker laid befor·e the House, for consideration at this time,

conflict; and declaring an emergency.

The bill was read second time S. C. R. No. 13, To grant Edna and was passed to third reading.

Ruth Sargent permission to sue the State. SENATE BILL NO. 23 ON THIRD

READING The resolution having heretofore

been read and referred to the Committee on State Affairs.

The Committee on State Affairs having recommended the adoption of the resolution.

Mr. Bell of DeWitt moved that the constitutional rule requiring bills to be read on three several days be suspended and that Senate Bill No. 23 be placed on its third reading and final passage.

The resolution was adopted. The motion prevailed by the following vote:

TO GRANT PERMISSION TO SUE THE STATE

Abington The Speaker laid before the House, Atkinson

for consideration at this time, Aynesworth Barber

H. C. R. No. 24, To grant permis- Bean

Y.eas-133

Help instill Henderson Holstein Holt

sion to H. E. Franks to sue the State. Bell of DeWitt Horany Hydrick Jackson The resolution having heretofore

been read and referred to the Committee on State Affairs.


The resolution was adopted.

Bell of Bexar Blankenship Blount Bracewell Brooks Callaway Cannon Celaya Chapman Clifton

TO GRANT PERMISSION TO SUE Collie THE STATE Colson, Mrs.

Conner The SPeaker laid before the House, Cowen

for consideration at this time, Cox

H. C. R. No. 28, To grant A. E. Hervey and others permission to sue the State.

The resolution having heretofore been referred to the Committee on State Affairs.


Craig Crawford Crosthwait Davis Edwards Elliott Ethel'edge Evans Fant Fertsch Flanagan Fleming

The resolution was read and was Fly adopted. Ford

SENATE BILL NO. 23 ON SECOND g:~g~er READING Gathings

third reading, . Guffey

The Speaker laid before the House, Godard on its second reading and passage to I Green

Hanna S. B. No. 23, Validating the con- Heatly

solidation of certain srhool districts, Heideke

James Jameson Jones of Bosque Jones of Hunt Jones of Travis Kazen Kennington Kilgore King Kirkpatrick Lanier Latimer Lee Lehman Lewis Lightfoot Lock Luedemann Mahan Manford Mangum Markle Martin Miller Moore of Harris Moore

of Val Verde Moore

of Red River McClain McDaniel McLellan McVey Nokes Oltorf Overton Parkhouse

4::10 HOUSE JOURNAL

Pearson l'eteis Pyle Rampy Read Reams Richards Ridgeway Sadler Sallas Sellers Senterlltt Shackelford Shannon Sharp Slimp Smith of Hays Smith of Jack South Sparks Spencer Still, Mrs. Stockard Storey

Berry Gilmer Gregory Heflin Isaacks

Stump Suiter, Miss Swanson Teague Templeton Thomas Timmons Tippen · Turner Wagonseller Walker Wallace Ward Whitworth Williams of Bexar Williams of Scurry Willis of Tarrant Willis of Kaufman Wilson Wood Wright Yezak Zivley

Absent

Murphy Smith of Lubbock Spacek Svadlenak Wiseman

Moore of Brazos

Absent-Excused


Watson· Williamson

The Speaker then laid Senate Bill No. 2 3 before the House on third reading and final passage.

The bill was read third time and was passed by the following vote:

Yeas-136

Abington Atkinson Aynes worth Barber Bean Bell of DeWitt Bell of Bexar Berry Blount Bracewell Callaway Cannon Celaya Chapman Clifton Colson, Mrs. Conner

Cowen Cox Craig Crawford Crosthwait Davis Edwards Elliott Etheredge Evans Fant Fertsch Flanagan Fleming Fly Ford Gandy

Gathings Gilmer Godard Green Guffey Hanna Heatly Heflin Heideke Help instill Henderson Holstein Holt Horany Hydrick Isaacks Jackson James Jameson Jones of Bosque Jones of Hunt Jones of Travis Kazen Kennington Kilgore King Kirkpatrick Lanier Latimer Lee Lehman Lewis Lock Luedemann Mahan Manford Mangum Markle Martin Miller Moore of Harris Moore

of Val Verde Moore

of Red River Moore of Brazos Murphy McClain McDaniel McLellan McVey Nokes

Oltorf Overton Parkhouse Pearson Peters Pyle Rampy Read Reams Richards Ridgeway Sadler Sallas Sellers Senterfltt Shackelford Shannon Sharp Slimp Smith of Hays Smith of Jack Smith of Lubbock south Sparks Spencer Still, Mrs. Stockard Storey Stump Suiter, Miss SvacUenak Swanson Teague Templeton Thomas Timmons 'flppen Turner Wagonseller Walke~ Wallace Ward Whitworth Williams of Bexar Williams of Scurry Willis of Tarrant Willis of Kaufman Wilson Wood Wright Yezak Zivley

Absent

Blankenship Brooks Collie Gardner

Gregory Lightfoot Spacek Wiseman

Absent-Excused


Watson Williamson

February 20, 1947 HOUSE JOURNAL

HOUSE BILL NO. 76 ON SECOND Bell of Bexar READING Blankenship

The Speaker laid before the House, on its second reading and passage to engrossment,

Blount Bracewell Callaway Cannon Celaya H. B. No. 76, A bill to be entitled Clifton

"An Act amending Article 324 of the Collie Revised Civil Statutes of Texas of Colson, Mrs. 1925, as amended by Chapter 23 of Conner the General Laws of the Regular Ses- Cowen sion of the 40th Legislature of Texas, Cox as amended by H. B. No. 222, Chap- Craig ter 254, Acts of the Regular Session Crawford of the 41st Legislature and as fur- Crosthwait ther amended by Chapter 137, Sec- Davis tion 1, of the General Laws of the Edwards Regular Session of the 42nd Legisla- Elliott ture, Acts of 1931, and as further Etheredge amended by H. B. No. 335, Chapter Evans 215, Acts of the Regular Session of Fant the 47th Legislature of Texas, relat- Fertsch ing to the appointment of Assistant Flanagan District Attorneys in any Judicial Fleming District in this State consisting of FJv three ( 3) or more counties and in Ford which there is situated a city of not Gandy less than thirty-nine thousand ( 3 9,- Qardner 000) people nor more than forty-nine Gathings thousand (49,000) people; fixing the Gilmer salary of said Assistant District At-~ Godard torney to be paid by the County in Green which 'said City is located; providing Guffey for the appointment of a special in-. Hanna vestigator to be paid by the Count·\ Heatly in which said City is located; fixine; Heflin the salary of said special _investi- Heidel<e gator; providing for the appomtment I Helpinstill of a stenographer by said District Henderson Attorney; fixing the salary of said Holstein stenographer to be paid by the Coun- Holt ty in which said City is located; and Horany declaring an emergency." Isaacks

Jackson The bi!l was read second time and James

was· passed to engrossment. Jameson Jones of Bosque

HOUSE BILL NO. 76 ON THIRD Jones of Hunt READING Kazen

Mr. Kazen moved that the constitutional rule requiring bills to be read on three several days be suspended and that House Bill No. 7 6 be pla.ced on its third reading and final passage.

Kennington Kilgore King Kirkpatrick Lanier Latimer Lee

The motion prevailed by the fol- Lewis Lightfoot lowing vote: Lock

Abington Atkinson

Yeas-129

Aynes worth Bell of DeWitt

Luedemann Mahan Manford Mangum

Markle Martin Miller

431

Moore of Harris Moore

of Val Verde Moore

of Red River Moore of Brazos Murphy McClain McDaniel McLellan McVey Nokes Oltorf Overton Parkbouse Peters Pyle Rampy Read Reams Richards Ridgeway Sadler Sallas Sellers Senterjjtt Shackelford Shannon Sharp Slimp Smith of Jack Smith of Lubbock South Sparks Spencer Still, Mrs. Stockard Storey Suiter, Miss Svadlenak Swanson Teague Templeton Thomas Timmons Tippen Turner Wagonseller Walker Wallace Ward Whitworth Williams of Bexar Williams of Scurry Willis of Kaufman Wilson Wood Wright Yezak Zivley

432 HOUSE JOURNAL

Present-Not Voting

Barber

Bean Berry Brooks Chapman Gregory Hydrick Jones of Travis

Absent

Lehman Pearson Smith of Hays Spacek Stump Willis of Tarrant Wiseman

Absent-Excused


Watson Williamson

The Speaker then laid House Bill No. 76 before the House on third reading and final passage.


Yeas-133

Abington Atkinson Aynes worth Barber Bean Bell of DeWitt Bell of Bexar Berry Blankenship Blount Bracewell Callaway Cannon Celaya Chapman Clifton Collie Colson, Mrs. Conner Cowen Cox craig Crawford Crosthwait Davis Edwards Elliott Etheredge Fant Fertsch Flanagan Fleming Fly Ford Gandy Gathings Gilmer Godard

Green Guffey Hanna Heatly Heflin Heideke Helpinstill Henderson Holstein Holt Horany Isaacks Jackson James Jameson Jones of Bosque Jones of Hunt Jones of Travis Kazen Kennington Kilgore King Kirkpatrick Lanier Latimer Lee Lewis Lock Mahan Manford Mangum Markle Martin Miller Moore ot Harris Moore

ot Val Verde

Moore of Red River

Moore of Brazos Murphy McClain McDaniel McLellan McVey Nokes Oltorf Overton Park house Pearson Peters Pyle Rampy Read Reams Richards Ridgeway Sadler Sallas Sellers Senterfitt

I Shackelford .3hannon Sharp Slimp :::lmith of Jack :::lmith of Lubbock

South Spar lis Spencer Still, Mrs. Stockard Storey Stump Suiter, Miss Svadlenak Swanson Teague Templeton Thomas Timmons Tippen Turner Wagonseller Walker Wallace Ward Whitworth Williams of Bexar Williams of Scurry Willis of Tarrant Willis of Kaufman Wilson Wood Wright Yezak Zivley

Absent

Brooks Evans Gardner Gregory Hydrick Lehman

Lightfoot Luedemann Smith of Hays Spacek Wiseman

Absent-Excused


Watson Williamson

HOUSE BILL NO. 94 ON SECOND READING


H. B. No. 94, A bill to be entitled "An Act providing for a more secret ballot in all elections in Texas; amending Article 2980, Title 50, Chapter 6, of the Revised Civil Statutes of Texas, 1925, providing for the form of ballot; amending Article 2 9 9 0, Title 50, Chapter 7, of the Revised Civil Statutes of Texas, 1925, providing for the marking of ballot boxes; amending Article 3008, Title 50, Chapter 8, of the Revised Civil Statutes of Texas, 1925, providing


for the delivery of ballots; amending Article 3012, Title 50, Chapter 8, of the Revised Civil Statutes of Texas, 1925, providing for the depositing of ballots; amending Article 3015, Title 50, Chapter 8, of the Revised Civil Statutes of Texas, 1925, providing for the depositing of defective ballots in Ballot Box No. 4 and the detachable coupons in Be !lot Box No. 5; amending Article 3018, Title 50, Chapter 8, of the Revised Civil Statutes of Texas, 1925, providing that certain ballots be not counted; amending Article 3109, Title 50, Chapter 13, of the Revised Civil Statutes of Texas, 1921, providing for balloting at primaries; amending Article 3122, Title 50, Chapter 13, of the Revised Civil Statutes of Texas, 1925, providing for precaution against fraud; excepting the provisions of this Act from elections in which voting machines are used; providing a savings clause; repealing all laws or parts of laws in contlict with this Act to the extent of such contlict only; and declaring an emergency."

The bill was read second time.

On motion of Mr. Markle, further consideration nf H. B. No. 94 was postponed until 10:00 o'clock a. m. next Monday.

HOU13E BILL NO. 109 ON SECOND READING


H. B. No. 109, A bill to be entitled "An Act amending Sub-section 102 of Article 19 9 of the Revised Civil Statutes of Texas, 1925, as amended by Chapter 16, Acts of the Thirtyninth (39th) Legislature, Regular Session, as amended by Chapter 253, Acts of the Forty-third ( 43rd) Leg-

. islature, Regular Session, as amended by Chapter 103, Special Laws of the Forty-Third ( 43rd) Legislature, Regular Session, as amended by Chapter 158, Acts of the Fortyfourth (44th) Legislature, Regular Session, as amended by Chapter 141 Acts of the Forty-fifth (45th) Legislature, Regular Session, providing for the time of holding the terms of Court of the District Court of the 10 2nd Judicial District of Texas, naming the counties constituting the same; changing the length of the

terms of the District Court in the counties in said Judicial District; enacting necessary provisions with reference to processes, writs, bonds, recognizances, and with reference to grand and petit jurors made necessary by the changes made by this Act, and validating and legalizing the same, and repealing all Ia ws and parts of laws in contlict, and declaring an emergency."

The bill was read second time and was passed to engrossment.

HOUSE BILL NO. 109 ON THIRD READING

Mr. Moore of Red River moved that the constitutional rule requiring bills to be read on three "several days be suspended and that House Bill No. 10 9 be placed on its third reading and final passage.

The motion prevailed by the following vote:

Yeas-125

Abington Atkinson Bell of DeWitt Bell of Bexar Berry Blankenship Blount Bracewell Callaway Cannon Celaya Chapman Clifton Collie Colson, Mrs. Conner Cowen Cox Craig Crawford Crosthwait Davis. Edwards Elliott Etheredge Fant Fertsch Flanagan Fleming Fly Ford GandY Gardner Gathings Gilmer

Godard Green Guffey Hanna Heatly Hetlin Heideke Helpinstill Henderson Holstein Holt Horany Jackson James Jameson Jones of Bosque Jones of Hunt Jones of Travis Kennington Kilgore King Kirkpatrick Lanier Latimer Lee Lewis Lightfoot Lock Luedemann Mahan Mangum Markle Martin Miller Moore of Harris

434 HOUSE JOURNAL

Moore of Val Verde

Moore of Red River

Murphy McClain McDaniel McLellan McVey Nokes Oltorf Overton Parkhouse Peters Pyle Rampy Read Reams Richards Ridgeway Sadler Sallas Sellers Senterfltt Shackelford Shannon Sharp Slimp Smith of Jack

South Sparks Spencer Still, Mrs. Stockard Storey Suiter, Miss Svadlenak Swanson Teague Templeton Thomas T1mmons Tippen Turner Wagonseller Walker Wallace Ward Whitworth Williams of Bexar Williams of Scurry Willis of Tarrant Willis of Kaufman Wood Wright Yezak Zivley

Present-Not Voting

Barber

Aynes worth Bean Brooks Evans Gregory Hydrick Isaacks Kazen Lehman

Absent

Manford Moore of Brazos Pearson Smith of Hays Smith of Lubbock Spacek Stump Wllson Wiseman

Absent-Excused

Hughes Johnson l\lcFarland

Watson Williamson


The bill was read third time and was pasa~d by tha following vote:

Abington Barber Bean Bell of De Witt Bell of Bexar

Berry Blankenship Blount Bracewell Callaway

Cannon Celaya Chapman Clifton Collie Colson, Mrs. Conner Cowen Cox Craig Crawford Crosthwait Davis Edwards Elliott Etheredge Fant Fertsch Flanagan Fleming Fly Ford Gandy Gardner Gathings Gilmer Godard Green Guffey Hanna Heatly Heflin Heideke Helpinstill Henderson Holstein Holt Horany Jackson James Jameson Jones of Bosque Jones of Hunt Jones of Travis Kennington Kilgore King Kirkpatrick Lanier Latimer Lee Lewis Lightfoot Lock Luedemann Mahan Man ford Mangum Markle

Miller Moore of Harris Moore

of Val Verde Moore

of Red River Moore of Brazos McDaniel McLellan McVey Nokes Oltorf Overton Parkhouse Peters Pyle Rampy Read Reams Richards Ridgeway Sadler Sallas Sellers Senterfitt Shackelford Shannon Sharp Slimp Smith of Jack South Sparks Spencer Still, Mrs. Stockard Storey Suiter, Miss Swanson Teague Templeton Thomas Timmons Tippen Turner Wagonseller Walker Wallace Ward Whitworth Williams of Bexar Williams of Scurry Willis of Tarrant Willis of Kaufman Wilson Wood Wright Yezak Zlvley

Absent

Atkinson Brooks Aynesworth Evans

February 20, 1947 EO"CSE JOURNAL 435

Gregory Hydrick Isaacks Kazen Lehman Martin Murphy McClain

Pearson Smith of Hays Smith of Lubbock Spacek Stump Svadlenak Wiseman

Absent-Excused


Watson Williamson



H. B. No. 117, A bill to be entitled "An Act validating, ratifying, approving and confirming certain proceedings and bonds heretofore had or authorized by cities; providing that this Act shall not apply to any proceedings or bonds the validity of which has been contested in any pending suit or litigation and declaring an emergency.''

The bill was read second time and passed to engrossment.


Mr. James moved that the constitutional rule requiring bills to be read on three several days be suspended and that House Bill No. 117 be placed on its third reading and final passage.


Yeas-117

Abington Bell of De Witt Bell of Bexar Berry Blankenship Blount Bracewell Callaway Cannon Celaya Chapman Collie Colson, Mrs. Conner Cowen Cox

Craig Crawford Crosthwait Davis Elliatt Etheredge Fant Fertsch Flan.agan Fleming Ford Gandy Gardner Gathings Gilmer Godard

Green Guffey Hanna Heatly Heideke Helpinstill Henderson Holstein Holt Horany James Jameson Jones of Bosque Jones of Hunt Jones of Travis Kazen Kennington Kilgore King Kirkpatrick Lanier Latimer Lee Lewis Lightfoot Lock Luedemann Mahan Manford Mangum Markle Martin Miller Moore of Harris Moore

of Val Verde Moore

of Red River Moore of Brazos McClain McDaniel McLellan Nokes Oltorf

Overton Parkhouse Peters Pyle Rampy Read Reams Richards Ridgeway Sadler Sa !las Senterfitt Shackelford Shannon Sharp Slimp South Sparks Spencer Still, Mrs. Stockard Storey Suiter, Miss Svadlenak Swanson 'l1eague Templeton Thomas Timmons Tippen Turner Wagonseller Walker Wallace Ward Whitworth Williams of Bexar Williams of Scurry Willis of Kaufman Wilson Wright Yezak Zivley

Present-Not Voting

Barber

Atkinson Aynesworth Bean Brooks Clifton Edwards Evans Fly Gregory Heft in Hydrick Isaacks Jackson

Absent

Lehman Murphy McVey Pearson Sellers Smith of Hays Smith of Jack Smith of Lubbock Spacek Stump Willis of Tarrant Wiseman Wood

436 HOUSE JOURNAL

Absent-Excused


Watson Williamson



Yea&-125

Abington Atkinson Aynesworth Barber Bean Bell of DeWitt Bell of Bexar Berry Blankenship Bracewell Callaway Cannon Celaya Chapman Collie Col~on, Mrs. Conner Cox Craig Crawford Crosthwait Davis Edwards Elliott Etheredge Fant Fertsch Flanagan Fleming Ford Gandy Gardner Gathings Gilmer Godard Green Gu!rey Hanna Heatly Heflin Heideke Help!nstlll Henderson Holstein Holt Horany James Jameson Jones of Bosque Jones of Hunt

Jones of Travis Kazen Kennington Kilgore King Kirkpatrick Lanier Latimer Lee Lewis Lightfoot Lock Luedemann Mahan Mangum Markle Martin Miller Moore of Harris Moore

of Val Verde Moore

of Red River Moore of Brazos Murphy McClain McDaniel McLellan McVey Nokes Oltorf Overton Parkhouse Peters Pyle Rampy Read Reams Richards Ridgeway Sadler Sallas Sellers Senterfttt Shackelford Shannon Sharp Slimp Smith of Jack Smith of Lubbock

Sparks Spencer Stockard Storey Stump Suiter, Miss Svadlenak Swanson Teague Templeton Timmons Tippen Turner Wagonseller

Blount Brooks Clifton Cowen Evans Fly Gregory Hydrick Isaacks Jackson

Walker Wallace Ward Whitworth Williams of Bexar Williams

of Scurry Willis of Tarrant Willis of Kaufman Wilson Wood Wright Yezak Zlvley

Absent

Lehman Manford Pearson Smith of Hays South Spacek Still, Mrs. Thomas Wiseman

Absent-Excused


Watson Williamson



H. B. No. 121, A bill to be entitled "An Act providing that any independent school district in this State, whether created by general or special law or laws, having a limitation upon the tax rate that may be levied and collected in any one year for maintenance purposes and for obtaining funds for the purchase of grounds for public schools, and for constructing, remodeling, eq nipping and repairing public school buildings which Is less than One and 50/100 ($1.50) Dollars on the One Hundred ( $100.00) Dollars valuation of taxable property subject to taxation In said district, shall hereafter be authorized and have the power to levy and cause to be collected, when authorized by a majority of the property taxpaying voters of such school district qualified to vote under the Constitution and the laws ot this State at an election to be held for that purpose, a tax for such pur-


poses not to exceed in any one year One and 50/100 ($1.50) Dollars on the One Hundred ($100.00) Dollars valuation of taxable property situated within said school district; repealing all laws and parts of laws. both general and spe(\ial, only to the extent that they may be in conflict herewith, and declaring an emergency."



Mr. Moore of Harris moved that the constitutional rule requiring bills to be read on three several days be suspended and that House Bill No. 121 be placed on its third reading and final passage.


Abington Atkinson Aynes worth Bean

Yeas-125

Heflin Heideke Helpinstill

Bell of De Witt Bell of Bexar Berry Blankenship Blount Bracewell Cannon Celaya Chapman Collie Colsdn, Mrs. Conner Cowen Cox Crawford Crosthwait Davis Edwards Elliott Etheredge Fant Fertsch Flanagan Fleming Ford Gandy Gardner Gathings Gilmer Green Gulfey Hanna Heatly

Henderson Holstein Holt Horany Isaacks Jackson James Jones of Bosque Jones of Hunt Kazen Kennington Kilgore King Kirkpatrick Lanier Latimer Lee Lewis Lightfoot Lock Luedemann Mahan Man ford Mangum Markle Martin Miller Moore of Harris Moore

of Val Verde Moore

of Red River Moore of Brazos Murphy

McClain McDaniel McLellan McVey Nokes Oltorf Overton Parkhouse Pearson Peters Pyle Rampy Read Reams Richards Sadler Sallas Sellers Senterfitt Shackelford Shannon Sharp Slimp Smith of Lubbock South Sparks Spencer

Still, Mrs. Stockard Storey Stump Suiter, Miss Svadlenak Swanson Teague Templeton Thomas Timmons Tippen Turner Wagonseller Walker Wallace Ward Whitworth Williams of Bexar Williams

of Scurry Willis of Tarrant Willis of Kaufman Wilson Wood Yezak Zivley -

Present-Not Voting

Barber

Brooks Callaway Clifton Craig Evans Fly Godard Gregory Hydrick

Absent

Jameson Jones of Travis Lehman Ridgeway Smith of Hays Smith of Jack Spacek Wiseman Wright

Absent-Excused


Watson Williamson


I


Yeas-130

Abington Blankenship Atkinson Bracewell Aynesworth Callaway Barber Cannon Bean Celaya Bell of DeWitt Chapman Bell of Bexar Clifton Berry Collie

438

Colson, Mrs. Conner Cowen Cox Craig Crawford Crosthwait Davis Edwards Elliott Etheredge Fant Fertsch Flanagan Fleming Fly Ford Gandy Gardner Gathings Gilmer Godard Green Guffey Hanna Heatly Heflin Heideke Help instill Henderson Holstein Holt Horany Isaacks James Jameson Jones of Hunt Jones of Travis Kazen Kennington Kilgore King Kirkpatrick Lanier Latimer Lee Lewis Lightfoot Lock Luedemann Mahan Manford Mangum Martin Miller Moore of Harris Moore

of Val Verde Moore

of Red River

HOUSE JOURNAL

Moore of Brazos Murphy McClain McDaniel McLellan McVey Nokes Oltorf Overton Parkhouse Pearson Peters Pyle Rampy Read Reams Richards Ridgeway Sadler Sallas Sellers Senterfitt Shackelford Shannon Sharp Slimp Smith of Jack South Sparks Spencer Still, Mrs. Stockard Storey Stump Suiter, Miss Svadlenak Swanson Teague Templeton Thomas Tippen Turner Wagonseller Walker Wallace Ward Whitworth Williams of Bexar Williams

of Scurry Willis of Tarrant Willis of Kaufman Wilson Wood Wright Yezak Zivley

Present-Not Voting

Jones of Bosque Markle

Blount Brooks Evans Gregory Hydrick Jackson

Absent

Lehman Smith of HaYS Smith or Lubbock Spacek Timmons Wiseman

Absent-Excused


Watson Williamson


The Speaker laid before the House, on Its second reading and passage to engrossment,

H. B. No. 125, A bill to be entitled "An Act authorizing the operation of vending stands on State property by blind persons sv as to enlarge the economic opportuniti~s of the blind· authorizing the Commldsion to mak~ surveys for the location a! vending stands; authorizing the Commission to issue licenses to blind persons :who operate vending stands; requlrmg approval of head of the department or agency or by the custodian in charge of the maintenance thereof and the Commission; authorizng the selection of blind persons to operate vending stands; authorizing the Commission to give preference to blind Persons who are In need of employment; requiring that licenses be limited to applicants who are blind; providing for the revocation of licenses; authorizing the Commission to make locations for vending stands; requirIng the agency where the vending stand Is to be located to make alterations; requiring the Commission to cooperate with any department or custodian of any State property· requiring the Commission to pr~vlde each licensed blind person with a vending stand, equipment, and adequate initial stock of suitable articles to be vended, etc., and declaring an emergency."

The bill was read second time and was paased to engrossment.



Mr. Sharp moved that the constitutional rule requiring bills to be read on three several days be suspended and that House Bill No. 12 5 be placed on its third reading and final passage.


Yeas-127

Abington Atkinson Aynesworth Bell of DeWitt Bell of Bexar Blankenship Blount Bracewell Brooks Callaway Cannon Celaya Chapman Clifton Collie Colson, Mrs. Conner Cowen Cox Craig Crosthwait Davis Edwards Elliott Etheredge Fant Fertsch Flanagan Fly Gandy Gardner Gathings Gilmer Godard Green Gregory Guffey Hanna Heatly Heflin Heideke Helpinstill Henderson Holstein Holt Horany Isaacks Jackson

James Jameson Jones of Bosque Jones of Hunt Jones of Travis Kazen Kennington Kilgore King Kirkpatrick Lanier Latimer Lee Lewis Lightfoot Lock Luedemann Mahan Man ford Mangum Markle Martin Miller Moore of Harris Moore

of Val Verde Moore

of Red River Moore of Brazos Murphy McClain McDaniel McLellan McVey Nokes Oltorf Overton Pearson Petf3!'s Pyle Rampy Read Reams Richards Ridgeway Sadler Sallas Sellers

Senterfitt Teague Shackelford Templeton Sharp Thomas Slimp Timmons Smith of Hays Tippen Smith of Lubbock Turner Smith of Jack Wagonseller South Walker Sparks Wallace Spencer Whitworth Still, Mrs. Williams of Bexar Stockard Williams Storey of Scurry Stump Willis of Kaufman Suiter, Miss Wilson Svadlenak Yezak Swanson Zivley

Bean Barber Berry Crawford Evans Ford Fleming Hydrick Lehman

Absent

Parkhouse Shannon Spacek Ward Willis of Tarrant Wiseman Wood Wright

Absent-Excused


Watson Williamson



Yeas-128

Abington Atkinson Aynes worth Barber Bell of De Witt Bell of Bexar Berry Blankenship Blount Bracewell Brooks Callaway Cannon Celaya Chapman Clifton Collie Colson, Mrs. Conner

Cowen Cox Craig Crosthwait Davis Edwards Elliott Etheredge Fant Fertsch Flanagan Fleming Fly Gandy Gardner Gathings Gilmer Godard Gregory

440 HOUSE JOURNAL

Guffey Hanna Heatly Heflin Heideke Henderson Holstein Holt Horany Isaacks Jackson James Jameson Jones of Hunt Jones of Travis Kazen Kennington Kilgore King Kirkpatrick Lanier Latimer Lee Lightfoot Lock Luedemann Mahan Man ford Markle Martin Miller Moore of Harris Moore

of Val Verde Moore

of Red River Moore of Brazos Murphy McClain McDaniel McLellan McVey Nokes Oltorf Overton Parkhouse

Pearson Peters Pyle Rampy Read Reams Richards Ridgeway Sadler Sallas Sellers Senterfltt Shackelford Shannon Sharp Slimp Smith of Hays Smith of Jack Smith of Lubbock South Sparks Spencer Still, Mrs. Stockard Storey Stump Suiter, Miss Swanson Teague Templeton Thomas Timmons Tippen Turner Wagonseller Walker Wallace Whitworth Williams of Bexar Williams of Scurry Willis of Kaufman Wilson Wood Wrhtht Yezak Zivley

Absent

Bean Crawford Evans Ford Green Help!nstlll Hydrick Jones of Bosque

Lehman Lewis Mangum Spacek Svadlenak Ward Willis of Tarrant Wiseman

Absent-Excused


Watson Williamson



H. B. No. 131, A bill to be entitled "An Act to amend Section 3, Senate Bill No. 247, of the Forty-flfth Legislature, Chapter 310, page 621, inelnded as Section ~. ArticiP 7047c, Vernon's Annotated Civil Statutes, and providing that the discount of four per cent ( 4 o/o) allowed to distributors in their purchase of cigarette tax stamps provided thereby shall be Increased to a rate of six per cent ( 6% ) ; and declaring an emergency."


On motion of Mr. Heflin, further consideration of H. B. No. 131 was postponed until 10:30 o'clock a. m. next Tuesday, February 25, 1947.



H. B. No. 137. A bill to be entitled "An Act to amend Section 6, Chapter 4 2, General Laws. Second Called Session Forty-flrst Legislature. 1929, as amended by Section 4, Chapter 71, Forty-seventh Legislature, 1941, to provide that owners and operators of commercial vehicles apprehended when carrying a greater gross load than that for which said vehicles are licensed shall raise the registration of the vehicles at the neare~t available Tax Collector's Office 'to an amount equal to the gross weight of the vehicles at the time of apprehension; providing that the additional registration shall be retroactive to date of purchase of current license; providing that said vehicles may be detained until the provisions of this Act are complied with; providing a saving clause; and repealing all laws in conflict herewith."

The bill was· read second time.

Mr. Martin raised the point of order on consideration of the bill on the ground that H. B. No. 137


sanctions the violation of the law in pended and that House Bill No. 226 an existing statute which covers the be placed on its third reading and subject matter in the bill, and is un- final passage, constitutional and void.

The motion prevailed by the folThe Speaker overruled the point of lowing vote:

order.

Mr. Martin raised the point of order that the bill is not in proper form in that it does not amend the proper statute in existence and is unconstitutional.

The Speaker overruled the point of order.

On motion of Mr. Martin further consideration of H. B. No. 137 was postponed until 11:00 o'clock a. m. Monday, March 3, 1947.



H. B. No. 226, A bill to be entitled "An Act authorizing the Board of Regents of the University of Texas and the Board of Directors of the Sealy & Smith Foundation for the John Sealy Hospital jointly to pledge the income from the trust fund of $700,000.00, established by Chapter 4, Acts, First Called Session, 39th Legislature, for the purpose of constructing permanent improvements in connection with' the John Sealy Hospital or with the Medical Branch of the University of Texas at Galveston; authorizing the issuance of notes or bonds for said purpose; and authorizing either the Board of Regents of the University of Texas or the Sealy & Smith Foundation for the John Sealy Hospital to invest any of the available funds of either of them in such notes or bonds; and validating any contracts or agreements heretofore made by said Boards in furtherance of the purpose of this Act; and declaring an emergency."



Mr. Markle moved that the constitutional rule requiring bills to be read on three several days be sus-

Yeas-130

Abington Atkinson Aynes worth Barber Bean Bell of DeWitt Bell of Bexar Berry Blankenship Blount Bracewell Brooks Callaway Cannon Celaya Chapman Clifton Collie Colson, Mrs. Conner Cox Crawford Crosthwait Davis Edwards Elliott Etheredge Fant Fertsch Flanagan Fly Ford Gandy Gardner Gathings Gilmer Godard Green Gregory Guffey Hanna Heatly Heflin Heideke Helpinstill Holstein Holt Horany Isaacks Jackson James Jameson Jones of Bosque Jones of Travis Jones of Hunt

Kazen Kennington Kilgore King Kirkpatrick Lanier Lee Lehman Lewis Lock Luedemann Mahan Man ford Mangum Markle Martin Miller Moore of Harris Moore

of Val Verde Moore

of Red River Moore of Brazos Murphy McClain McDaniel McLellan McVey Nokes Oltorf Overton Parkhouse Pearson Peters Pyle Rampy Reams Richards Ridgeway Sallas Sellers Senterfitt Shackelford Shannon Sharp Smith of Hays Smith of Lubbock South Sparks Spencer Still. Mrs. Stockard Storey Stump Suiter, Miss

442 HOUSE JOURNAL

svadlenak Swanson Teague Templeton Thomaa Tim mona Tippen Turner Wagon seller Walker Wallace

Cowen Craig l<~\·ans Fleming Henderson Hydrick Latimer

Ward Whitworth Williams of Bexar Wllllama of Scurry Wlllla of Tarrant Willis of Kaufman Wilson Wood Wright Yesak ZIT ley

Absent

Lightfoot· Read Sadler Slimp Smith of Jack Spacek \\·iseman

Abaent-Excuaed


Watson Williamson


The bill was read third time and wa11 passed by the following vote:

Abington Atkinson Aynes worth Barber Bean

Yeaa-123

Fertsch Flanagan Fly Gandy

Bell of DeWitt Bell of Bexar Berry Blankenship Blount Bracewell Brooks Callaway Cannon Celaya Chapman Clifton Collie Colson, Mra. Conner Co:r Craig Crawford Crosthwait DaTI a Edwards Elliott Etheredge l'ant

Gardner Gathings Gilmer Godard Green Gregory Outrey Hanna Heatly Heflin Heldeke Helplnstlll Holstein Holt Horany Jackson James Jameson Jonee of Boaque Jones of Hunt Kazen Kennington Kilgore King Kirkpatrick

Lanier Lee Lehman Lew Ia Lock Luedemann ~laban Manford Mangum Markle ~lartln Miller Moore of Harrla Moore

or Val Verde Moore

or Red RITer McDaniel McLellan McVey Nokea Oltorr Overton Park house Pearson Peters Pyle Rampy Reams Rlcharda Ridgeway Sadler Sallas Sellers

Senter !Itt Shannon Sharp Smith of Haya Smith of Lubbock South Sparks Spencer Still. Mrs. Stockard Storey Stump Suiter. Mlaa Swanson Teague Templeton Thomas Tim mona Tippen Turner Wagonaeller Walker Wallace Ward Whitworth Williams of Be:rar Wllllama of Scurry Willis of Kaufman Wilson Wood Wright Yezak Zlvler

Abaent

Cowen Evans Fleming Ford Henderson HYdrick Isaacks Jones of TraTis Latimer Lightfoot Moore of Breza.

Murphy McClain Read Shackelford SUmp Smith of Jack Spacek Sndlenak Willis or Tarrant Wiseman

Abaent-E:rcuaed

Hughee Johnson McFarland

Watson Williamson

MESSAGE FROM THE SENATE

Austin, Te:raa, February ZO, UU

Hon. W. 0. Reed. Speaker of the Honse.

Sir: I am directed by the Senate to Inform the House that the Senate hu paaaed the followtnc:


H. C. R. No. 83, Instructing the Enrolling Clerk of the Honse to make certain corrections in H. B. No. 231.

Respectfully submitted, CLAUDE ISBELL,

Secretary of the Senate.

(Mr. Wright in the Chair.)


The Chair laid before the House, on its second reading and passage to engrossment,

H. B. No. 254, A bill to be entitled "An Act to amend Section 49 of Chapter 4, Forty-sixth Legislature 1939, by adding a. new Sub-section: to be known as Sub-section (e), to provide a fee for assignment of motor n urn hers for motor vehicles and serial numbers for trailers or semitrailers; providing for disposition of such fees; providing a saving clause, and repealing all laws or portions of laws in conflict herewith."


(Speaker in the Chair.)

H. B. No. 254 was then passed to engrossment.

MOTION TO PLACE HOUSE BILL NO. 254 ON THIRD READING

Mr. Templeton moved that the constitutional rule requiring bills to be read on three several days be suspended and that House Bill No. 254 be placed on its third reading and final passage.

Mr. Fertsch raised a point of order on further consideration of the motion to suspend the Constitutional Rule on H. B. No. 254 on the ground that the bill does not have an emergency cia use.

The Speaker sustained the point of .order.

RELATIVE TO H. B. NO. 254

Mr. Jones of Travis asked unanimous consent of the House to offer certain amendment to H. B. No. 254 at this time.

There was objection offered.

MESSAGE FROM THE SENATB

Austin, Texas, February 20, 1947

Hon. W. 0. Reed, Speaker of the House.

Sir: I am directed by the Senate to inform the House that the Senate has passed the following:

S. J. R. No. 4, Providing a method of payment for the construction and equipment of buildings at state institutions of higher learning; providing for an election and the issuance of a proclamation therefor.





H. B. No. 268, A bill to be entitled "An Act making an emergency appropriation to the Attorney General for court costs, supplies, clerical expense, and employment of additional assistants and stenographers for the purpose of preparing, investigating and prosecuting suits for recovery of delinquent corporation fr a n c h i s e taxes and forfeiture of charters as provided in Article 7095, Revised Civil Statutes of Texas, 1925; and declaring an emergency."



Mr. Gilmer moved that the constitutional rule requiring bills to be read on three several days be suspended and that House Bill No. 2 6 8 be placed on its third reading and final passage.


Yeas-124

Abington Atkinson Aynesworth Bell of DeWitt Bell of Bexar

Berry Blankenship Blount Bracewell Brooks

444 HOUSE JOURNAL.

Callaway Miller Green Nokes Cannon Moore of Harris Hanna Pyle Chapman Moore Hydrick Sellers Cl!rton of Val Verde Jackson Slimp Collie Moore Jones of Travis Swanson Colson, Mrs. of Red River Lee Wiseman Conner Moore of Brazos McDaniel Wright Craig Murphy McLelJan Crawford McClain

Absent-Excused Crosthwait McVey Davis Oltorf Hughes Watson Edwards Overton Johnson Williamson Elliott Parkhouse McFarland Etheredge Pearson

The Speaker then l.aid House Bill Evans Peters Fant Rampy No. 268 before the House on third Fertsch Read reading and final passage. Flanagan Reams

The bill was read third time and Fleming Richards Fly Ridgeway was passed by the following vote: Ford Sadler

Yeas-125 Gandy Sallas Gardner Senterfltt Abington Heatly Gathings Shackelford

Atkinson Heflin Gilmer Shannon Aynesworth Helpinstlll Godard Sharp Barber Henderson Gregory Smith of Hays Bean Holstein Gu!rey Smith of Jack Bell of DeWitt Holt Heatly Smith of Lubbock Bell of Bexar Horany Heflin South Berry Isaacks Heideke Spacek Blankenship James Helpinstill Sparks Blount Jameson Henderson Spencer Bracewell Jones of Bosque Holstein Still, Mrs. Brooks Jones of Hunt Holt Stockard Callaway Kazen Horany Storey Cannon Kennington Isaacks Stump Celaya Kilgore James Suiter, Miss Chapman King Jameson Svadlenak Clifton Kirkpatrick Jones of Bosque Teague Collie Lanier Jones of Hunt Templeton Colson, Mrs. Latimer Kazen Thomas Conner Lehman Kennington Timmons Cox Lewis Kilgore Tippen Craig Lightfoot King Turner Crawford Lock Kirkpatrick Wagonseller Crosthwait Luedemann Lanier Walker Edwards Mahan Latimer Wallace Elliott Man ford Lehman Ward Etheredge Mangum Lewis Whitworth Fant Markle Lightfoot Williams of Bexar Fertsch Martin Lock Williams of Scurry Flanagan Miller Luedemann Willis of Tarrant Fleming Moore Mahan Willis of Kaufman Fly of Val Verde

Manford Wilson Ford Moore Mangum Wood Gandy of Red River Markle Yezak Gardner Moore of Brazos Martin Zlvley Gathings Murphy

Nays-1 Gilmer McClain Barber Godard McVey

Green Oltorf Absent Gregory Overton

Bean Cowen Gu!rey Parkhouse Celaya Cox Hanna Pearson


Peters Rampy Read Richards Ridgeway Sadler Sallas Sellers Senterfitt Shackelford Shannon Sharp Smith of Hays Smith of Lubbock South Spacek Sparks Spencer Still, Mrs. Stockard Storey Stump

Suiter, Miss Svadlenak Teague Templeton Thomas Timmons Tippen Turner Wagonseller Walker Wallace Ward Whitworth Williams of Bexar Williams of Scurry Willis of Tarrant Willis of Kaufman Wilson Wood Yezak Zivley

Absent

Cowen Davis Evans Heideke Hydrick Jackson Jones of Travis Lee Moore of Harris McDaniel

McLellan Nokes Pyle Reams Slimp Smith of Jack Swanson Wiseman Wright

Absent-Excused


Watson Williamson

The Speaker announced that House Bill No. 268 was passed subject to the provisions of Section 4 9a, Article III of the Constitution.

TO PROVIDE FOR CERTAIN ADJOURNMENT PERIOD

Mr. Green offered the following resolution:

H. C. R. No. 35, To Provide for certain adjournment period.

Be it resolved by the House of Representatives, the Senate concurring, that each House grant the other permission to adjourn from Thursday, February 20, 1947, to not later than 10:30 a.m. on Monday, February 24, 1947.

The resolution was read.

Question recurring on the resolution, yeas and nays were demanded.

The resolution was adopted by the following vote:

Yeas-69

Atkinson Aynes worth Bean Bell of DeWitt Bell of Bexar Berry Blankenship Brooks Callaway Celaya Cowen Crawford Edwards Elliott Etheredge Fant Fertsch Fly Ford Godard Green Guffey Hanna Heatly Heflin Heideke Helpinstill Henderson Jones of Bosque Jones of Hunt Kazen Kilgore King Lanier Latimer

Lehman Lock Man ford Mangum Moore of Harris Moore

or Red River Moore of Brazos Murphy Oltorf Parkhouse Pearson Peters Pyle Read Reams Ridgeway Sadler Sallas Sellers Senterfitt Shackelford Shannon Smith of Hays Smith of Jack South Storey Templeton Ward Williams of Bexar Williams of Scurry Willis of Tarrant Willis of Kaufman Wilson Wood

Nays-56

Abington Barber Blount Bracewell Cannon Chapman Clifton Colson, Mrs. Conner Cox Craig Crosthwait Davis Flanagan Fleming Gandy Gardner Gathings Gregory

Holstein Holt Horany James Jameson Jones of Travis Kennington Kirkpatrick Lewis Lightfoot Luedemann Mahan Martin Miller McLellan McVey Overton Rampy Richards

446 HOUSE JOURNAL

Sharp Teague Smith of Lubbock Thomas Spacek Tippen Spencer Wagonseller Still, Mrs. Walker Stockard Wallace Stump Whitworth Suiter, Miss Yezak Svadlenak Zivley

Collie Evans Gilmer Hydrick Isaacks Jackson Lee Markle Moore

of Val Verde

AbHnt

McClain McDaniel Nokes Slimp Sparks Swanson Timmons Turner Wiseman Wright

Absent-Excused


Watson Williamson

ADDRESS ORDERED PRINTED

On motion of Mr. Clifton the remarks of Mr. Hanna, addressing the House on personal privilege on t.hls morning, were ordered printed In the Journal.

Acts of the Regular Ses.uon o. the Forty-ninth Legislature, for the term beginning with the e!fective date of this Act and ending August 31, 19 4 7; and declaring an emergency."


On motion of Mr. Teague, the bill was laid on the table subject to call.


The Speaker laid before the House, on Its second reading and passage to engrossment,

H. B. No. 278, A b!ll to be entitled "An Act to amend Section 3, Chapter 8 8, General Laws, Second Called Session of the 41st Legislature, 1929, as amended by Chapter 3, General Laws, Second Called Session of the 43rd Legislature, 1933, as amended by Section 1, Chapter 51, General Laws 44th Legislature, 1935, to Provide for the tiling of applications for registration or vehicles; providing for the presentation of Certitlcate of Title and license receipt and transfer receipt, If any; providing for restraining the department or any Agent thereof from registering or renewing registration of any vehicle unless license receipt, transfer receipt I r any, and Certitlcate of Title Is pre

SENATE JOINT RESOLUTION ON sented; providing If no title has been previously Issued or applied for, for

FIRST READING filing of application for title; provid

The following Senate Joint Resolution was laid before the House, read tlrst time and referred to the appropriate committee, as follows:

Ing that County Tax Assessor-Collector Issue an application receipt for the payment or registration fee upon receipt of application for registration or re-registration of each truck,

S. J. R. No. 4, to the Committee truck-tractor, farm truck, trailer, on Constitutional Amendments. semi-trailer or bus; providing that

Tax Assessor-Collector forward appliHOUSE BILL NO. 275 ON SECOND cation receipts and applications to

READING the department; providing for appro..-al or applications by department

The Speaker laid before the House, I and for mailing of license receipt and on Its second reading and passage to plate or plates by the department dlengrossment, rect to vehicle owner, etc.: and de

H. B. No. 275, A bill to be entitled "An Act appropriating moneys out of the General Revenue Fund, not otherwise appropriated, to the Veterans' State Service Olflce for the purpose of supplementing the approprla tions and Increasing the personnel made by Senate Bill No. 317,

claring an emergency."

The blll was read second time.

On motion of Mr. Williams of Bexar further consideration of H. B. No. 278 was postponed until 10:30 o'clock s. m., Monday, March 3, 1947.




H. B. No. 284, A bill to be entitled "An Act to amend Section 1, Subsection n, Chapter 88, Second Called Session, Acts of the 41st Legislature, 1929, as amended by Section 1, Chapter 23, Acts 1930, 41st Legislature, 5th Called Session, to define Motor Bus; providing a saving clause; and repealing all laws in conflict herewith."

The blll was read second time.

On motion of Mr. Jones of Travis, further consideration of H. B. No. 284 was postponed until 10:00 o'clock a. m., Monday, February 24, 1947.



H. B. No. 293, A bill to be entitled "An Act to amend Subsection 4 of Section 3, Acts 19 41, Forty-seventh Legislature, Chapter 17 3, as amended by Acts 1945, Forty-ninth Legislature, Chapter 41, extending reciprocal privileges to non-residents and citizens of foreign countries; providing that non-residents and citizens of foreign countries shall be exempted from securing licenses under this Act if similar exemption is extended to citizens of this State by such foreign stat-es and countries; providing it shall not be necessary for an employee of an incorporated city, town or village or county of this State holding an operator's license to obtain a chauffeur's license in order to operate an official motor vehicle in the service of such incorporated citY. town, village or county and declar-ing an emergency." ·


HOUSE BILL NO. 293. ON THIRD READING

Mr. Tippen moved that the constitutional rule requiring bills to be

read on three several days be suspended and that House Bill No. 293 be placed on its third reading and final passage.


Ye9.s-127

Abington Atkinson Aynesworth Barber Bean Bell of DeWitt Bell of Bexar Blankenship Blount Bracewell Brooks Callaway Cannon Celaya Chapman Clifton Collie Colson, Mrs. Conner Cowen Cox Craig Crawford Crosthwait Davis Edwards Elliott Etheredge Evans Fant Fertsch Flanagan Fly Gandy Gardner Gilmer Godard Gregory Guffey Hanna Heatly Heflin Heideke Help instill Henderson Holstein Holt Horany Isaacks Jackson James Jameson Jones of Bosque Jones of Hunt

Kazen Kennington Kilgore King Kirkpatrick Lanier Latimer Lee Lehman Lightfoot Lock Luedemann Mahan Man ford Mangum Markle Miller Moore of Harris Moore

of Val Verde Moore

of Red River :McVey Nokes Oltorf Overton Parkhouse Pearson Peters Pyle Rampy Read Reams Richards Ridgeway Sadler Sallas Sellers Senterfitt Shackelford Shannon Sharp Slimp Smith of HaYB Smith of Jack Smith of Lubbock South Spacek Sparks Spencer Still, Mrs. Stockard Stump Suiter, Miss

448 HOUSE JOURNAL

svadlenak Swanson Teague Thomas Timmons Tippen Turner Wagonseller Walker Wallace Ward

Whitworth Williams of Bexar Williams of Scurry Willis of Tarrant Willis of Kaufman Wilson Wood Wright Yezak Zivley

Nays-2

Gathings

Berry Fleming Ford Green Hydrick Jones of Travis Martin

Lewis

Absent

Murphy McClain McDaniel McLellan Storey Templeton Wiseman

Moore o! Brazos

Absent-Excused


Watson Williamson


The bi!l was read third time and was passed by the following vote:

Yeas-126

Cox

Heideke Helpinstill Henderson Holstein Holt Horany Jackson James Jameson Jones of Bosque Jones of Hunt Kazen Kennington Kilgore King Kirkpatrick Lanier Latimer Lehman Lewis Lightfoot Lock Luedemann Mahan Man lord Mangum Markle Miller Moore of Harris Moore

of Val Verde Moore

of Red River Murphy McClain McVey Nokes Oltorf Overton Parkhouse Pearson Peters Pyle

Rampy Read Reams Richards Ridgeway Sadler Sallas Sellers Senterlltt Shackelford Shannon Sharp Smith of Hays Smith of Jack Smith of Lubbock South Spacek Sparks Spencer Still, Mrs. Stockard Stump Suiter, Miss Svadlenak Swanson Teague Thomas Timmons Tippen Turner Wagonseller Walker Wallace Ward Whitworth Williams of Scurry Willis of Tarrant Willis of Kaufman Wilson Wood Wright Yezak Zivley Abington

Atkinson Aynes worth Barber Bean

Craig Crawford Crosthwait Davis Edwards Evans Fant Fertsch Flanagan Fleming Fly

Nay11-l

Bell of DeWitt Bell o! Bexar Berry Blankenship Blount Bracewell Brooks Callaway Cannon Celaya Chapman Clifton Collie Colson, Mrs. Conner Cowen

Gandy Gardner Gilmer Godard Gregory Guffey Hanna Heatly Heflin

I Gathings

Elliott Etheredge Ford Green Hydrick Isaacks Jones o! Travis Lee Martin

Absent

Moore of Brazos McDaniel McLellan Slimp Storey Templeton Williams of Bexar Wiseman

Ab~ent-Excused


Watson Williamson



MESSAGE FROM THE SENATE

Austin, Texas, February 20, 1947 The Speaker laid before the House,

on its second reading and passage to Hon. W. 0. Reed, Speaker of the engrossment, House.

H. B. No. 304, A bill to be entitled "An Act to amend Title 114, of the Revised Civil Statutes of Texas, 1925, bY adding thereto a new article, entitled Article 6574b, providing for duplication of public records by photostatic and other medium of copying and reproducing; for the preservation of such duplicate records; providing for destruction of certain public records with exceptions; providing for the checking of such duplicate records and the compensation therefor; providing that such duplicate records and certified c o p i e s thereof may be used for the purposes of evidence; repealing all Ia ws in conflict herewith; containing savings and severable clause; and declaring an emergency."


On motion of Mr. Jones of Travis further consideration of H. B. No. 304 was postponed until 10:00 o'clock a. m. Tuesday, February 25, 1947.

TO NAME MASCOT OF THE HOUSE

Mr. Etheredge offered the following resolution:

H. s. R. No. 93, To name Searcy Bracewell, III Mascot of the House.

Whereas, We have with us a proper person for the office of Mascot of the House of Representatives of the Fiftieth Legislature; now, therefore, be it

Resolved, That Searcy Bracewell, III. the fine young son of the Honorable and Mrs. Searcy Bracewell. Jr., of Houston, Texas, Member of the House from the Nineteenth District, Place 3, be, and he is hereby, officially named by the House as Mascot of the House of Representatives or the Fiftieth Legislature of the State of Texas; and be it further

Resolved, That the said Mascot have his picture made and placed in the official group of said Body.


15-Jour.

Sir: I am directed by the Senate to inform the House that the Senate has passed the following:

H. C. R. No. 35, Granting each House permission to adjourn from Thursday, February 20, to Monday, February 24.




On motion of Mr. Wagonseller the twenty-four hour House rule relative to the consideration of printed bills, was suspended at this time for the purpose of considering House Bill No. 46.

The Speaker laid ber'ore the House, on its second reading and passage to engrossment,

H. B. No. 4 6, A bill to be entitled "An Act amending Chapter 7 of the Revised Civil Statutes of Texas by adding a new article bet ween Article 2116e and Article 2117 to be designated Article 2116f, providing for the pay of jury commissioners in the district and county courts, and declaring an emergency."


Mr. Fertsch offered the following amendment to the bill:

Committee Amendment No. 1

Amend House Bill No. 46 by striking out all below the enacting clause and inserting in lieu thereof the following:

"Section 1. That Article 210 4 of the Revised Civil Statutes of Texas, 19 2 5 revision, as amended, be amended so that the same shall hereafter read as follows:

'Article 2104. Appointment to Jury Commissioners. The District Judge shall at each term of the District Court appoint not Jess than three, nor more than five pers·ons to

450 HOUSE JOURNAL

perform the duties of Jury Commissioners, and shall cause the sheriff to notify them of their appointment, and when and where they are to appear. Such commissioners shall receive as compensation for each day, or part thereof, they may serve as such Commissioners, the sum of Four ( $4.00) Dollars, and who shall pos-

that the Constitutional Rule requirIng bills to be read on three several days In each House be suspended and said Rule Is hereby auspended, and this Act shall take eftect and be In force, from and after Its pasaage, and It Is so enacted.

The amendment was adopted.

sess the following qualifications: Mr. Fertsch offered the following '1. Be Intelligent citizens of the committee am, endment to the bill.

county and able to read and write. '2. Be qualified jurors and free

holders in the county. '3. Be residents of different por

tions of the county. '4. Have no suit in said court

"bleb requires the intervention of a jury.

• 6. The same person shall not act as Jury Commissioner more than once in the same year.'

Sec. 2 That Article 333 of the Code of Criminal Procedure, 1926, be and the same Is hereby amended so as to hereinafter read as follows:

'Article 333. Appointment of Jury Commissioners. The District Judge shall at each term of the District

Committee Amendment No. 2

Amend the caption to House Bill No. 46 by striking out all abon the enacting clause and inserting In lieu thereof the following:

A bill to be entitled "An Act to amend Article 2104, Revised Civil Statutes of Texas, 1926 revision, as amended; and amending Article 333, Code of Criminal P,rocedure of the State of Texas, 19 2 5 revision, as amended, relating to the appointment of jury commissioners; and declaring an emergency."

The amendment was adopted.

Court appoint not less than three, H. B. No. 46 was then passed to nor more than five persons to per-form the duties of Jury commission- engrossment. ers, and shall cause the sheriff to no- HOUSE BILL NO. 46 ON THIRD tify them of their appointment, and READING when and where they are to appear. Such Commissioners shall receive as compensation for each day or part thereof, they may serve as such Commissioners, the sum of Four ($4.00) Dollars and who shall possess the following qualifications:

'1. Be intelligent citizens of the

Mr. Wagonseller moved that the constitutional rule requiring bills to be read on three several days be suspended and that House Bill No. U be placed on Its third reading and final passage.

county and able to read and write. The motion prevailed by the fol-'2. Be qualifi-ed jurors and free- lowing vote:

holders in the county. '3. Be residents of different por- ·

tiona of the county. j Abington '4. Have no suit in said court Atkinson

which requires the Intervention of Aynesworth

Yeas-118

a jury. Bell of DeWitt

Crawford Crosthwait Davis Edwards Elliott Etheredge Evans Fant Fertsch Flanagan Gandy Gathings Gilmer Godard Gregory Hell In Heldeke

'6. The same person shall not act Hell of Bexar as Jury Commissioner more than Blount once In the same year.' Bracewell

Sec. 3. The fact that there Is an Brooks apparent conflict In the appointment Callaway and qualifications of jury commie- Cannon sloners as set out In the Civil and Celaya Criminal Statutes and the fact that Chapman the same as now enforced creates Clifton considerable confusion In the minds Colson, Mrs. of trial judges and lawyers through- Conner out the State creates an emergency Cox and an imperative public necessity Craig

February 20,1947 HOUSE JOURNAL 451

Helpinstill Henderson Holstein Holt Horany Isaacks Jackson James Jameson Jones of Bosque Jones of Travis Kazen Kennington Kilgore King Kirkpatrick Lanier Latimer Lee Lehman Lewis Lightfoot Lock Luedemann Mahan Manford Mangum Markle Martin Miller Moore of Harris Moore

of Val Verde Moore

of Red River Murphy McClain McLellan McVey Oltorf Parkhouse Pearson Peters

Pyle Rampy Read Reams Richards Ridgeway Sadler Sellers Senterfitt Shackelford Shannon Sharp Smith of Hays Smith of Jack Smith of Lubbock South Spacek Sparks Spencer Stockard Storey Stump Suiter, Miss Svadlenak Swanson Teague Thomas Timmons Tippen Turner Wagonseller Walker Wallace Ward Whitworth Williams of Bexar Williams of Scurry Willis of Tarrant Wilson Wood Wright Yezak Zivley

Barber Nays-1

Bean Berry Blankenship Collie Cowen Fleming Fly Ford Gardner Green Guffey Hanna Heatly

Absent

Hydrick Jones of Hunt Moore of Brazos McDaniel Nokes Overton Sallas Slimp Still, Mrs. Templeton Willis of Kaufman Wiseman

Absent-Excused Watson Williamson




Yeas-12~

Abington Atkinson Aynesworth Barber Bell of DeWitt Bell of Bexar Berry Blount Bracewell Brooks Callaway Cannon Celaya Chapman Clifton Collie Colson, Mrs. Conner Co wet. Cox . Crawford Crosthwait Davis Edwards Elliott Etheredge Evans Fant Fertsch Flanagan Fly Gandy Gardner Gathings Gilmer Godard Gregory Heflin Heideke Helpinstill Henderson Holt Horany Hydrick Isaacks Jackson James Jameson Jones of Bosque Jones of Travis Kazen Kennington Kilgore King Kirkpatrick Lanier

Latimer Lee Lehman Lewis Lightfoot Lock Luedemann Mahan Manford Mangum Markle Martin Miller Moore of Harris Moore

of Val Verde Moore

of Red River Murphy McClain McLellan McVey Nokes Oltorf Parkhouse Pearson Peters Pyle Rampy

·Read Reams Richards Ridgeway Sadler Sellers Senterfitt Shackelford Shannon Sharp Smith of Hays Smith of Jack Smith of Lubbock South Spacek Sparks Spencer Still, Mrs. Stockard Storey Stump Suiter, Miss Svadlenak Swanson Teague Thomas Timmons

452 HOUSE JOURNAL

Tippen Williams of Scurry Turner Willis of Tarrant Wagonseller Willis of Kaufman Walker Wilson Wallace Wood Ward Wright \\hit worth Yezak Williams of De;;ar Zivley

Bean Blankenship Craig Flemlltg Ford Green Gull'ey Hanna Heatly

Absent

Holstein Jones of Hunt Moore of Brazos McDaniel Overton Sallas Slimp Templeton Wiseman

Absent-Excused


Watson Williamson

BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER

The Speaker signed in the presence of the House after giving due notice thereof and their captions had been read severally the following enrolled bills and resolutions:

s. B. No. 106, An emergency appropriation for the Texas National Guard Armory Board for the balance of the fiscal year; • being an appropriation available immediately, and declaring an emergency.

S. B. No. 155, Providing for a supplemental appropriation for the Veterans' State Service Oll'ice; and dedaring an emergency.

H. C. R. No. 8, Memorializing Congress to enact certain legislation.

H. C. R. No. 33, To Amend caption of H. B. No. 231.

S. B. No. 23, Validating the consolidation of certain school districts. and validating the bonds of such dis\ricts. and repealing the Jaws in cm.•flict; and declaring an emer~;ency.

H. B. No. 231, "An Act to amend Article 1970-138, being the Acts of 1917, Ch. 93. sec. 11, as amended by the Acts of 1918, 4th C. S., Ch. 14, Sec. 4, as amended by the Acts or 1927. Ch. 191, Sec. 1. so as to pro-

vide that the salary of the Judge of the County Court at Law of El Paso County shall be Fifty-Five Hundred Dollars ($6,600.00) annually."

EXCUSING EMPLOYEES

On motion of il!r. Celaya and Mr. Teague all employees of the House were excused on next Saturday, February 22, 1947.

ADJOURNMENT

Mr. Bell of DeWitt moved tl)at the House adjourn until 10:00 o'clock a. m. next Monday,

Mr. Isaacks moved that the House adjourn until 10:00 o'clock a.m. toruorrow.

Question first recurring on the motion by Mr. Isaacks, yeas and nays were demanded.

The motion was lost by the following vote:

Abington Atkinson Bean Blount Bracewell Brooks Cannon Chapman Clifton Colson, Mrs. Conner Cox Crawford Crosthwait Davis Evans Flanagan Fly Gandy Gathings Gilmer Gregory Holstein Horany Hydrick Isaacks Jameson

Yeas-65

Luedemann Mahan Martin Miller Moore

of Val Verde McClain McLellan McVey Nokes Richards Sadler Shannon Sharp Smith of Jack Smith of Lubbock south Spacek Spencer Still, Mrs. Stockard Stump Suiter, Miss Svadlenak Thomas Timmons

Jones of Travis Kennington Kirkpatrick Lee

Tippen Turner Wagonseller Walker Whitworth Yezak Zivley

Lewis Lock

Aynesworth Barber

Nays-67

Bell of DeWitt Bell of Bexar

lt'ebruary 20, 1947 HOUSE JOURNAL 453

Berry Blankenship Callaway Celaya Collie Cowen Craig Edwards Elliott Etheredge Fant Fertsch Gardner Godard Gulrey Heatly Heflin Heideke Helpinstill Henderson Holt Jackson James Jones of Bosque Kazen Kilgore King Lanier Latimer Lehman Lightfoot Manford

~fangum

Markle ~loore of Harris ~loore

of Red River ~lurphy

Oltorf Parkhouse Pearson Peters Pyle Rampy Read Reams Ridgeway Sallas Sellers Senterfltt Shackelford Slimp Smith of Hays Sparks Storey swanson Teague Wallace Ward Williams of Scurry Willis of Tarrant Willis of Kaufman Wilson Wood

Absent

Fleming Ford Green Hanna Jones of Hunt Moore of Brazos

McDaniel Overton Templeton "'illiams of Bexar Wiseman Wright

Absent-Excused


Watson Williamson

A verification of the vote was requested.

On motion of Mr. Rell of Bexar the House dispensed with the verification.

Question next recurring on the motion by Mr. Bell of DeWitt, yeas and nays were demanded.

The motion provailed by the following vote:

Atkinson Aynes worth Barber

Yeas-70

Bean Bell of DeWitt Bell of Bexar

Berry Callaway Celaya Cowen Craig Edwards Elliott Etheredge Fant Fertsch Gardner Godard Gutiey Hanna Heatly Hefiin Heideke Helpinstill Henderson Holstein Jackson

~loore of Val Verde

~loore of Red Rh·er

Murphy Parkhouse Pearson Peters Pyle Rampy Read Reams Ridgeway Sallas Sellers Senterfitt Shackelford Shannon Slimp Smith of Hays South

Jones of Bosque Kazen Kennington Kilgore

Sparks Storey Swanson Teague Turner Wallace

King Lanier Latimer Luedemann Man ford Mangum ~larkle

Ward Williams of Bexar Williams of Scurry Willis of Kaufman Wilson

Moore of Harris Wood

Abington Blount Bracewell Brooks Cannon Chapman Clifton Collie Colson, Mrs. Conner Cox Crawford Crosthwait Davis Evans Flanagan Fly Gandy Gathings Gilmer Gregory Holt Horany Hydrick Isaacks James Jameson

Nays-64

Kirkpatrick Lee Lehman Lewis Lightfoot Lock Mahan Martin Miller McClain McLellan McVey Nokes Oltorf Richards Sadler Sharp Smith of Jack Smith of Lubbock Spacek Spencer Still, Mrs. Stockard Stump Suiter, Miss Svadlenak

Jones of Travis Thomas Timmons

454 HOUSE JOURNAL

Tippen Wagonseller Walker Whitworth

Blankenship Fleming Ford Green Jones of Hunt

Willis of Tarrant Wright Yezak Zlvley

Absent

Moore of Brazos McDaniel Overton Templeton Wiseman

Absent-Excused


Watson Williamson

The House accordingly at 12:35 o'clock p. m., adjourned until 10:00 o'clock a. m., next Monday.

APPENDIX

STANDING COMMITTEE REPORTS

The following committees have flied favorable reports on bills and resolutions as foJlows:

Appropriations: H. B. No. 301.

Constitutional A m en d m en t s: H. J. R. No. 18.

Counties: H. B. No. 267.

Gam-e and Fisheries: H. B. Nos. 89, 127, 12~ 18~ 189, 200, 224, 307, 340, 360, 368, 411 and 423.

School Districts: S. B. No. 170, and H. B. No. 328.

Insurance: H. B. Nos. 84 and 339.

Motor Tralric: H. B. Nos. 2 9 7 and 298.

State Alfairs: S. C. R. No. 13, H. C. R. Nos. 24 and 28, H. B. Nos. 260 and 261.

Highways and Roads: H. B. Nos. 33, 129, and 207.

Judiciary: H. B. Nos. 111, 221, 285, and 373.

The foJlowlng committee flied an adverse report, with minority favorable report, as follows:

State Eleemosynary and Reformatory Institutions: H. B. No. 351.

REPORTS OF THE COMMITTEE ON ENGROSSED BILLS


Hon. W. 0. Reed, Speaker of the House of Representatives.

Sir: Your Committee on Flngrossed Bills to whom was referred

H. B. No. 29, A bill to be entitled "An Act establisbing a pension system for employees of citi-es and towns of this State; authorizing municipalities and their employees to voluntarily participate therein; providing that the Legislature shaJI never make any appropriation to pay any of the cost thereof; providing for management by a Board of Trustees to be appointed by the Governor with the advice and consent of the Senat-e; providing tor sources of revenue, methods of flnanclng, beneflts, depositories, the investment of funds and the voluntary m-erger of other Pension Funds with the System hereby created; providing that if the firemen of any city with the consent of their employer elect to merge a Firem-en's Relief and Retirement Fund with this System, aU funds which might thereafter be available under other laws for apportionment or distribution to the Firemen's Relief and Retirement Fund of such city or town shall be paid to the system h-ereby created for credit to the accounts of the flremen thereof; repealing conflicting Ja.ws, containing a savings clause; declaring an emergency and making this Act elf-active Immediately."

Has carefully compared same and flnds It correctly engrossed.

THOMAS, Chairman.·

Austin, Texas, February 19, 1947.

Hon. w. 0. Reed, Speaker of the House of Representatives.

Sir: Your Committee on Engrossed BIJls to whom was referred

H. B. No. 35, A blJI to be entitled "An Act authorizing the governing boards of public Junior CoJleges organized, created and established under the Jaws of Texas, In any manner, to issu-e bonds for construction of buildings, equipment and for acquisition of sites therefor, to provide sinking funds to retire bonds, to levy taxes of not greater than OnP nolJar (11.00) on the One Hundred Dol-


Jar ($100.00) valuation; providing for elections authorizing taxes for such purpos-es; providing for the assessment and collection of taxes for necessary amount to meet expenses of operating, supporting, maintaining such colleges; containing a repealing clause; providing a savings clause· and declaring a.n em-ergency." '

lect the sam-e rate, or not to exceed the rate heretofore authorized by any Act or Acts or election of said districts, or by any Act of the Legislature, making certain exemptions; providing a saving clause; and declaring an emergency."

Has carefully compared same and finds it correctly engrossed.

Has carefully compared same and THOMAS, Chairman. finds it correctly engrossed.

THOMAS, Chairman. Austin, Texas, February 19, 1947.

Austin, Texas, February 19, 1947. Hon. W. 0. Reed, Speaker of the

lion. W. 0. Reed, Speaker of the House of Representatives.

Sir: Your Committee on Engrossed Bills to whom was referred

H. B. No. 48, A bill to be entitled "An Act to validate the organization and creation of all school districts, including any independent school district controlled by a municipality and including common school districts, independent school districts, consolidated common school districts, all county line school districts, including county line common school districts, county line independent school districts, county line consolidated common school districts, county line consolidated independent school districts, rural high school districts, and all other school districts, whether created by general or special Ia w, or by vote of the people residing in any such districts, or by the governing bodies of any such municipalities, or by county boards of trustees; providing this Act shall not validate the organization or creation of any district, or consolidation or annexation of any district in or to such district where the same is now involved in litigation, or any district which has heretofore been declared invalid by a court of competent jurisdiction, or which may have been established or consolidated BJJ.d which was later returned to its original status; validating the Acts of said municipal governing bodies, county boards of trustees and boards of trustees of such districts; validating bond assumption elections and all bonds voted, authorized and/or now outstanding of said districts; validating all tax levies authorized or made in behalf of said districts; authorizing and empowering all school districts mentioned in this Act to levy, assess, and col-

House of Representatives.


H. B. No. 57, A bill to be entitled "An Act amending Chapter 88, Section 1, Acts 1929 of the 41st Legislature, Second Called Session, as amended by Section 1, Chapter 23, Acts 1929 of the 41st Legislature, Fifth Called Session, as amended by Section 1, Chapter 110, Acts 1941 of the 47th Legislature to define Street or Suburban Bus; amending Section 5 of Chapter 88, Acts 1929 of the 41st Legislature, Second Called Session to establish the Annual license fee for the registration of a Street or Suburban Bus; providing a savings clause; and repealing all laws in conflict herewith."


THOMAS, Chairman.

A us tin, Texas, February 19, 19 4 7.



H. B. No. 63, A bill to be entitled "An Act creating a special fund to be known as the Police Officers' Pension System in all cities In this State having a population of three hundred and eighty-four thousand (384,000) nr more according to the last preceding or any future Federal Census; defining words and phrases used In the Act; providing conditions upon which an employee in the Police Department of such cities shall be eligible for membership in the Pension System; providing for automatic membership ninety ( 9 0) days after the effective date of this Act, unless

456 HOUSE JOURNAL

the employee has filed written elec- untiel' the age of eighteen (18) years, twn not to become a member; pro- or dependent parent, where a memVJding for credit for service rendered her shall die from any cause after s<Ich city as a Police Department em- becoming entitled to an allowance or ployee prior to becoming a member pension certificate, and fixing the in such Pension System; excepting amount thereof, the manner of paypart-time, seasonal and temporary ment, the conditions under which employees from the System; creating such payments shall be made and the a Pension Board in which is vested conditions under which they shall general administrative management terminate; providing for a retirement and responsibility for operation of allowance to a member who becomes the Pension System; providing for Incapacitated by reason of bodily Inmembers on the Pension Board and jury received In, or Illness caused by, the qualifications of such members; the performance of his duty; provldproviding the term of office of such ing the amount of such payments, the members and the method for filling conditions under which such payvacancies on the Board; providing for ments shall be made, the manner of election by the Board of a Chairman payment a.nd the conditions under ;,nd other officers and the appoint- which such payments shall termi~ent by the Mayor or administrative nate; the method for computing conhead of the city of one or more em- tlnuous service of an emPloyee in the ployees to be paid by the city to per- Pollee Department; fixing the condlrorm all clerical services for the Pen- tlons under which an employee shall sion System; providing for the man- cease to be a member of the Penner of calling meetings of the Pen- slon System and providing that no sion Board and for giving notices of refund shall be made to such a memsuch meetings; providing how moo- her of money paid Into the Pension eys shall be paid out of the Pension Fund other than regular service or Fund; providing for a certificate to dlsablllty pension allowances; fixing each member of the Pension System the terms and conditions upon which showing prior service credits; deslg- an employee may be reinstated as a nating the City Treasurer or Direc- member of such Pension System; pertor of Treasury as Treasurer of the mitting the acceptance of gifts and Pension Fund and making him and donations to the Pension System; fixthe sureties on his official bond liable log the persons to whom the allowin connection with his actions per- ance of a member shall be paid In the taining to such Fund; providing for event the member Is convicted of a payments into the Fund by each felony; designating the City Attormem ber of the Pension System, the ney to handle all legal matters for amount thereof and the manner In the System, without additional comwhich it shall be collected; providing pensation, and granting the Pension for payments into the said Fund by Board authority to employ outside the city of an amount equal to the legal advice and pay compensation total sum paid into such Fund by therefor; granting the Board authorsalary deduction~ of members; grant- lty to employ an actuary no more ing the Pension Board authority to than once every ten (10) years; proproportionately and temporarily re- viding that no portion of such Penduce the benefits under certain con- sion Fund, before or after dlsbursedltions; granting the Board author- ment, and no amounts due or to betty to invest surplus funds in cer- come due, under this Act, shall ever taln interest- bearing obligations; be held, seized, taken, subjected to, transferring to the Fund created by detained, or levied upon by vtrtue of this Act, the pro rata share of any any execution, attachment, gam ishexisting pension funds; providing the ment, Injunction, or other writ, and terms and conditions under which prohibiting the Issuance out of any members of such Pension System are court of proceedings for the payentitled to retirement pensions and ment or satisfaction, In whole or in the method and manner for deter- part, out of the said Pension Fund, mining the amouat ot such pensior.'; of any debt, damage, claim, demand making It compulsory for a member or judgment against a member, pento retire at the age of slxty-llve (65) sinner, dependent, or any person years; providing for payments to the whomsoever, and making void any surviving widow, child or children attempt to transfer or assign such


funds; providing for payments into the Fund by the city for members engaged in active military service,. exempting such members from payments while in such service and providing the terms under which such military service is counted as continuous service in the Police Department; granting the Pension Fund authority to recover by civil action moneys obtained from such Pension Fund under certain conditions; providing a saving clause; providing that former employees of any such Police Department now on retirement at part pay shall be paid a monthly pension out of the Pension Fund and fixing the amount thereof and theconditions under which same shall be paid; repealing all laws or parts or Ia ws in conflict herewith; and declaring an emergency."

Has carefully compared same and llnds it correctly engrossed.

THOMAS. Chairman.

Austin, Texas, February 19, 194<



H. C. R. No. 33, Instructing the Enrolling Clerk of the House to make certain corrections in House Bill No. 231.


THOMAS, Chairman.

Sir: Your Committee on Enrolled Bills to whom was referred

H. B. No. 231, An Act to amend Article 1970-138, Revised Civil Statutes of Texas, 1925, being the Acts of 1917, Chanter 93, Section 11, as amended by the Acts of 1918, Fourth Called Session, Chapter 14, Section 4, as amended by the Acts of 1927, Chapter 191, Section 1, so as to provide that the salary of the Judge of the County Court at Law of El Paso County shall be Fifty-five Hundred Dollars ($5500) annually; and declaring an emergency."

Has carefully compared same and finds it correctly enrolled.

FANT, Chairman.



Sir: Your Committee on Enrolled Bills to whom "·as referred

H. C. R. No. 33, Instructing the Enrolling Clerk of the House to make certain corrections in House Bill No. 231.

Has carefully compared same and finds it correctly enrolled.

FANT, Cha\r"'llan.



Austin, Texas, February 20, 1947 Sir: Your Committee on En

Han. W. 0. Reed, Speaker of the rolled Bills to whom was referred House of Representatives.


H. C. R. No. 8, Memorializing the Congress of the United States to enact legislation relative to claims of Americans who were internees or prisoners of war of Japan or Germany.

H. C. R. No. 35, Granting each House the permission to adjourn from Thursday, February 20, 1947, until Monday, February 24, 1947. Has carefully compared same and

Has carefully compared same a.nd finds it correctly enrolled. finds it correctly engrossed. FANT, Chairman.

THOMAS, Chairman.

REPORTS OF THE COMMITTEE ON ENROLLED BILLS



SENT TO THE GOVERNOR

February 20, 1947

H. B. No. 231.

H. C. R. No. 8.

II. C. R. No. 33.

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