Texas Almanac, 1952-1953 Page: 377
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TEXAS STATE CONSTITUTION. 377
Article X.-(Continued.) ; Article XI.
of such corporation with or lease or purchase
the works or franchises of or in any way
control any railroad corporation owning or
having under its control a parallel or com-
peting line; nor shall any officer of such
railroad corporation act as an officer of any
other railroad corporation owning or having
the control of a parallel or competing line.
Sec. 6. No Railroad Shall Consolidate With
a Foreign Road.-No railroad company organ-
ized under the laws of this State shall con-
solidate by private or judicial sale or other-
wise with any railroad company organized
under the laws of any 'other State or of the
United States.
Sec. 7. No Street or Public Highway Shall
Be Used for the Construction of Street Rail-
ways Without the Consent of the Local
Authorities Having Control of the Street or
Highway.-No law shall be passed by the
Legislature granting the right to construct
and operate a street railroad within any city.
town or village, or upon any public highway
without first acquiring the consent of the
local authorities having control of the street
or highway proposed to be occupied by such
street railroad.
Sec. 8. Conditions Upon Which Railroad
Corporations May Receive the Benefit of Fu-
ture Legislation.- No railroad corporation in
existence at the time of the adoption of this
Constitution shall have the benefit of any
future legislation except on condition of com-
plete acceptance of all the provisions of this
Constitution applicable to railroads.
Sec. 9. Under Certain Conditions Railroads
Must Be Constructed Through County Seats.
-No railroad hereafter constructed in this
State shall pass within a distance of three
miles of any county seat without passing
through the same, and establishing and main-
taining a depot therein, unless prevented by
natural obstacles, such as streams, hills or
mountains; provided, such town or its citi-
zens shall grant the right of way through its
limits and sufficient ground for ordinary
depot purposes.
ARTICLE XI.-MUNICIPAL CORPORA-
TIONS.
Sec. 1. Counties Are Legal Subdivisions of
the State.-The several counties of this State
are hereby recognized as legal subdivisions of
the State.
Sec. 2. Public Buildings and Roads.-The
construction of jails, courthouses and bridges
and the establishment of county poorhouses
and farms and the laying out, construction'
and repairing of county roads shall be pro-
vided for by general laws.
Sec. 3. No County or Municipal Corporation
Shall Become a Subscriber to the Capital
Stock of Any Private Corporation or Make
Any Donation to the Same.-No county, city
or other municipal corporation shall here-
after become a subscriber to the capital of
any private corporation or association, or
make any appropriation or donation to the
same, or in anywise loan its credit; but this
shall not be construed to in any way affect
any. obligation heretofore undertaken pursu-
ant to law.
Sec. 4. Cities and Towns Having a Popula-
tion of Less Than 5,000 Inhabitants to Be
Chartered by General Laws; Dues to be Col-
lected in Current Money.-Cities and towns
having a population of 5,000 or less may be
chartered alone by general law. They\ may
levy, assess and collect such taxes as may be
authorized by law, but no tax for any pur-
pose shall ever be lawful for any one year
which shall exceed 11/2 per cent of the taxable
property of such city; and all taxes shall be
collectible only in current money, and all
licenses and occupation taxes levied, and all
fines, forfeitures and penalties accruing tosaid cities and towns shall be collectible only
in current money.
[Note.-The foregoing Sec. 4 of Art. XI has
been twice amended, as follows: (1) To provide
that towns of 5,000 or less (instead of 10.000 or
less, as provided by the original section) may be
chartered alone by general law. Submitted by
Thirty-first Legislature (1909), ratified in an
election Aug. 3, 1909, and declared adopted Sept.
24, 1909. (2) To authorize a maximum tax rate,
in towns of 5,000 or less, of 1% per cent of tax-
able values, in lieu of the originally specified
maximum of one fourth of 1 per cent. Submitted
by Thirty-sixth Legislature (1919) and adopted at
election of Nov. 2, 1920.1
Sec. 5. Cities of More than 5,000 Inhabitants
May by a Majority Vote of the Qualified Vot-
ers Adopt Their Own Charter; Limitation as
to Taxation and Debt.-Cities having more
than five thousand (5,000) inhabitants may by
a majority vote of the qualified voters of
said city, at an election held for that purpose,
adopt or amend their charters, subject to such
limitations as may be prescribed by the Leg-
islature, and providing that no charter or any
ordinance passed under said charter shall con-
tain any provision inconsistent with the Con-
stitution of the State or of the general laws
enacted by the Legislature of this State; said
cities may levy, assess and collect such taxes
as may be authorized by law or by their
charters; but no tax for any purpose shall
ever be lawful for any one year which shall
exceed 2 per cent of the taxable property of
such city, and no debt shall ever be created
by any city unless at the same time provision
be made to assess and collect annually a suf-
ficient sum to pay the interest thereon and
creating a sinking fund of at least 2 per cent
thereon: and provided, further, that no city
charter shall be altered, amended or repealed
oftener than every two years.
[Note -The foregoing Sec. 5 of Art. XI has
been twice amended,' as follows: (1) To authorize
towns of more than 5,000 population (instead of
more than 10,000, as provided in the original sec-
ton) to be chartered by special act, and allowing
in such cities a maximum tax rate of 2 per cent.
Submitted by Thirty-first Legislature (1909), rati-
fied in an election Aug. 3, 1909, and proclaimed
Sept. 24, 1909. (2) To grant home rule to cities of
more than 5,000 population. Submitted by Thirty-
second Legislature (1911). adopted aot election of
Nov. 5, 1912, and proclaimed Dec. 30, 1912.1
Sec. 6. Municipal Taxation,-Counties, cities
and towns are authorized, in such mode as
may now or may hereafter be provided by
law, to levy, assess and collect the taxes
necessary to pay the interest and provide a
sinking fund to satisfy any indebtedness here-
tofore legally made and undertaken; but all
such taxes shall be assessed and collected
separately from that levied, assessed and col-
lected for current expenses of municipal gov-
ernment and shall, when levied, specify in
the act of levying the purpose therefor; and
such taxes may be paid in the coupons, bonds
or other indebtedness for the payment of
which such tax may have been levied.
Sec. 7.Taxation of Seawalls, Etc.; Restric-
tions and Limitations; Eminent Domain.-All
counties and cities bordering on the coast of
the Gulf of Mexico are hereby authorized
upon a vote of two-thirds majority of the resi-
dent property taxpayers voting thereon at an
election called for such purpose, to levy and
collect such tax for construction of seawalls,
breakwaters or sanitary purposes, as may
now or may hereafter be authorized by law.
and may create a debt for such works and
issue bonds in evidence thereof. But no debt
for any purpose shall ever be incurred in any
manner by any city or county unless provi-
sion is made at the time of creating the same,
for levying and collecting a sufficient tax to
iay the interest thereon and provide at least
2 per cent as a sinking fund; and the condem-
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Texas Almanac, 1952-1953, book, 1951; Dallas, Texas. (https://texashistory.unt.edu/ark:/67531/metapth117137/m1/379/: accessed April 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.