The Laws of Texas, 1929-1931 [Volume 27] Page: 479 of 1,943
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FORTY-SECOND LEGISLATURE-REGULAR SESSION. 33
REGULATING APPOINTMENT OF RECEIVERS FOR
MUNICIPALITIES.
H. B. No. 317.] CHAPTER 26.
An Act repealing Chapter 46 of the General Laws of the Second Called
Session of the 41st Legislature, being Senate Bill No. 31, relating to
the appointment of a receiver for incorporated cities and towns which
had defaulted in the payment of bonds or other obligations, lawfully
issued and prescribing the duties and powers of such receiver; and
declaring an emergency.
Be it enacted by the Legislature of the State of Texas:
SECTION 1. That Chapter 46 of the General Laws of the Second
Called Session of the 41st Legislature, being Senate Bill
No. 31, relating to the appointment of receivers for incorporated
cities and towns which had defaulted in the payment of bonds or
other obligations lawfully issued, and prescribing the powers
and duties of said receiver, be and the same is hereby repealed.
SEC. 2. The fact it would not be beneficial to the holders
of the obligations of cities and towns, to have a receiver
appointed; and the fact that due to the existing financial depression
many cities and towns of the State have defaulted in
the payment of bonds and other obligations; and the fact that
there is a probability that other cities and towns will default in
the near future; and owing to the fact that the said Chapter 46
of the General Laws of the Second Called Session of the 41st
Legislature, being Senate Bill No. 31, is unconstitutional in that
it confers legislative powers upon the judiciary, and gives a
receiver the right to equalize taxes and deprives the Legislative
branch of the Government of its right to control and operate
cities and towns, and takes from the people such rights and
confers upon a Court, creates an emergency and imperative puclic
necessity, requiring the suspension of the Constitutional Rule
which requires all bills to be read on three several days, and the
rule is hereby suspended, and this act shall take effect and be
inforce from and after its passage, and it is so enacted.
Approved March 13, 1931.
Effective March 13, 1931.
[NOTE: H. B. No. 317 passed the House by a vote of 112
yeas, 2 nays; passed the Senate by a vote of 23 yeas, 1 nay.
One present and not voting]
2 ---Gen Laws.
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1929-1931 [Volume 27], book, 1931; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth16362/m1/479/: accessed April 30, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .