Texas Almanac, 1952-1953 Page: 376
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376 TEXAS ALMANAC.-1952-1953.
Article IX.-(Continued.); Article X.
c. When any embraced incorporated city or
town elects to merge its governmental func-
tions with those of the county under the pro-
visions hereof, such charter may provide for
defining or redefining the boundaries of such
cities and towns, provided, however, that in
defining or redefining the boundaries of such
cities and towns, such boundaries may be
extended only to include those areas contigu-
ous to such cities as are urban in character;
and as to such cities or towns and for the
benefit thereof the county, in addition to the
primary city and county tax herein authorized
and any other lawful district tax, may levy
and collect taxes upon the property taxable
within such city or town as defined or rede-
fined, within the limits authorized by Sections
4 and 5 of Article XI of this Constitution (or
any amendment thereof), for incorporated
cities according to the population, provided
that no tax greater than that existing at the
time of such merger or for any added purpose
shall be imposed upon any such city or town
unless authorized by a majority of all votes
cast by the resident qualified voters of such
city or town.
d. Areas urban in character though not in-
corporated, under appropriate charter provi-
sion may be defined as such by the governing
body of the county, provided, however, that
no portion of the county shall be defined as
an urban area unless it has sufficient popula-
tion to entitle it to incorporate under the then
existing laws of the State; and no such urban
area, when created, shall be vested with any
taxing or bonding power which it would not
possess if it were operating as a separate
incorporated unit under the then existing
constitutional and statutory provisions of this
State; and provided further that th e govern-
ing body of the county for the govern-
ment of such areas shall have and exercise all
powers and authority granted by law to the
governing bodies of similar areas when sepa-
rately incorporated as a city or town, and
such areas shall be subject to additional taxa-
tion within the same constitutional limits as
control taxation for a city or a town of like
population. Likewise such charter may pro-
vide for the governing board of the county
subject to existing constitutional and statu-
tory provisions to define, create and adminis-
ter districts, and have and exercise the powers
and authority granted by the Constitution
and laws relative to the same.
(7) No provision of this Constitution incon-
sonant with the provisions of this Section 3,
of Article IX, shall be held to control the
provisions of a charter adopt ted hereunder.
and conforming herewith. Charters adopted
hereunder shall make appropriate provision
for the abandonment, revocation, and amend-
ment thereof, subject only to the require-
ments that there must be a fav oring majority
of the vote cast upon such a proposal, by the
qualified resident electors of the county; and,
no charter may forbid amendments thereof
for a time greater than, two (2) -years. The
provisions hereof shall be self-executing, sub-
ject only to the duty of the Legislature to
pass all laws (consistent herewith) which may
be necessary to carry out the intent and pur-
pose hereof. Further, the Legislature shall
prescribe a procedure for submitting to deci-
sion, by a majority vote of the electors, voting
thereon, proposed alternate and elective char-
ter provisions.
[Note.-The foregoing Sec. 3 of Art. IX, an
amendment, was added to the Constitution for the
purposes of providing for county government under
home rule charter, when of stated population;
making permissible consolidation of city and county
governments under stipulated conditions; and for
other stated purposes. Submitted by the Forty-
third Legislature (1933), and adopted in an elec-
tion Aug. 36, 1933.1ARTICLE X.-RAILROADS.
Sec. 1. Railroads Connecting at State Lines;
Crossing; Continuous Lines.-Any railroad
corporation or association organized under
the law for the purpose shall have the right
to construct and operate a railroad between
any points within this State, and to connect
at the State line with railroads of other
States. Every railroad company shall have the
right with its road to intersect, connect with
or cross any other railroad; and shall receive
and transport each 'the other's passengers,
tonnage and cars, loaded or empty, without
delay or discrimination, under such regula-
tions as shall be prescribed by law.
*Article [Sec.] 2. Public Highways; Com-
mon Carriers; Duty of the Legislature; Fix-
ing Rates.-Railroads heretofore constructed
or which may hereafter be constructed in this
State are hereby declared public highways
and railroad companies common carriers. The
Legislature shall pass laws to regulate rail-
road freight and passenger tariffs to correct
abuses, and prevent unjust discrimination and
extortion in the rates of freiht and passen-
ger tariffs on the different railroads in this
State, and enforce the same by adequate pen-
alties; and to the further accomplishment of
these objects and p purposes may provide and
establish all requisite means and agencies
invested with such powers as may be deemed
adequate and advisable.
[Note.-The foregoing *"Article [Sec.] 2" of
Art. X is an amended section, the amendment
being in the last clause which permitted gstablish-
ment of the Railroad Commission of Texas. Sub-
mitted by Twenty-first Legislature (1889), ratified
in an election Nov. 4, 1890, and declared adopted
Dec. 19, 1890.1
Sec. 3. Railroads to Keep Public Office in
State; Directors; Annual Report-Every rail-
road or other corporation, organized or doing
business in this' State under the laws or
authority thereof, shall have and maintain a
public office or place in this State for the
transaction of its business, where transfers of
stock shall be made, and where shall be kept,
for inspection by the stockholders of such
corporations, books in which shall be recorded
the amount of capital stock subscribed, the
names of the owners of the stock the amounts
owned by them, respectively, the amount of
stock paid, and by whom, the trasfer of said
stock, with the date of the transfer, the
amount of its assets and liabilities, and the
names and places of residence of its officers.
The directors of every railroad company shall
hold one meeting annually in this State, pub-
lic notice of which shall be given thirty days
previously, and the president or superintend-
ent shall report annually under oath to the
Comptroller or Governor their acts and doings,
which report shall include such matters relat-
ing to railroads as may be prescribed by law.
The Legislature shall pass laws enforcing by
suitable penalties the provisions of this section.
Sec. 4. Rolling Stock for Railroad Property
Not Exempt From Execution.-The rolling
stock and all other- movable property belong-
ing to any railroad company or corporation
in this State shall be considered personal
property, and its real and personal property,
or any part thereof, shall be liable to execu-
tion and sale in the same manner as the
property of individuals; and the Legislature
shall pass no laws exempting any such prop-
erty from execution and sale.
Sec. 5. Railroads Shall Not Consolidate
With Competing Lines.-No railroad or other
corporation, or the lessees, purchasers or
managers of any railroad corporation, shall
consolidate the stock, property or franchises
Explanatory Note.-The legislative resolution
submitting this amendment erroneously used the
word, -Article," instead of the usual abbrevia-
tion, "Sec." Order used above is according to
official draft of the Constitution.
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Texas Almanac, 1952-1953, book, 1951; Dallas, Texas. (https://texashistory.unt.edu/ark:/67531/metapth117137/m1/378/: accessed April 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.