May 9, 1927 - June 7, 1927

Leadership

Governor: Daniel J. Moody, Jr. -  Vetoes

Lieutenant Governor: Barry Miller

Speaker of the House: Robert Lee Bobbitt 

Special Session Topics

 Proclamations   Messages

• Establishing a more efficient and economical development of a system of correlated State highways. [Mon May 9, 1927]
• General appropriation bill for the ensuing biennium. [Mon May 9, 1927]
• Passing a general validating act for any bonds which may have been issued under the terms of Chapter 4, Title 128, Texas Revised Statutes. [Mon May 9, 1927]
• Selective civil service law providing for the selection of subordinate employees of the State government under the classified civil service system. [Mon May 9, 1927]
• Amending Article 7887, Revised Civil Statutes, 1925 to require that the court find upon a hearing that a benefit would accrue the property owners by the establishment of the district. [Mon May 16, 1927]
• Amending Article 3726 of the Revised Civil Statutes of 1925, so as to provide for the introduction in evidence of the originals or certified copies of recorded instruments which have been proved or acknowledged in accordance with law without proving their execution; providing a rule for construction of said Article, declaring that this Act shall be divisible if any part of same be held unconstitutional; and declaring an emergency. [Thu May 19, 1927]
• Provide for the eradication of scabies among sheep and cattle, to provide adequate quarantine and sanitary measures, to provide for the inspection and dipping, and certification of said livestock, and to provide adequate penalties for violation of quarantine and dipping orders of the Live Stock Sanitary Commission, and declaring an emergency. [Thu May 19, 1927]
• Regulating the slaughter and sale of the meat of animals for market and providing that every person engaged in the occupation of a butcher or slaughterer of cattle in this State, shall file bond to be approved by the county judge of the county in which he desires to carry on such business; setting out the term of said bond and providing penalties for violation thereof; and repealing Articles 6904 and 6908, Title 121, Chapter 3 of the Revised Civil Statutes of 1925; and repealing Articles 1447, 1449, and 1450, Title 17, Chapter 11 of the Penal Code of the State of Texas adopted in 1925, and declaring an emergency. [Thu May 19, 1927]
• Amending Article 5523, Revised Civil Statutes, 1925, to provide for the validation of defective acknowledgments of married women to deeds and other instruments affecting title to land. [Wed May 25, 1927]
• Amending subdivision 7 of Article 1995, Revised Civil Statutes, 1925 to make its language clear and in conformity to the long established rule with reference to venue in cases of the nature covered by the subdivision. [Wed May 25, 1927]
• Better protecting and promoting the health of the people of Texas; establishing the State Department of Health, to consist of a State Board of Health, appointed by the Governor, a State Health Officer, appointed by the State Board of Health; fixing the term of office of the members of the State Board of Health, etc., and declaring and emergency. [Wed May 25, 1927]
• Codifying the school laws of the state. [Wed May 25, 1927]
• Correcting the conflict in Chapter 290, page 435, General Laws of the Regular Session of the Fortieth Legislature to correct the conflict therein. [Wed May 25, 1927]
• Judicial procedure and practice including the jurisdiction of courts. [Wed May 25, 1927]
• Providing for an adequate system of vital statistics, and for the registration of all births and deaths in this State, and for the compiling and preservation of records for such purposes, etc. [Wed May 25, 1927]
• Providing for the redemption of land sold for the collection of state and county taxes. [Wed May 25, 1927]
• Transferring royalties arising from mineral operations on submerged state lands into the general revenue fund from the game fund. [Wed May 25, 1927]
• Transferring the $355,000 "suspense fund" stemming from mineral operations on State land to the general revenue fund of the State. [Wed May 25, 1927]
• Amend Article 417 of the Code of Criminal Procedure of the State of Texas of 1925, so as to provide that where there are one or more felony charges against one person for the same act or transaction, or for two or more acts or transactions of the same class of crimes or offenses which may be properly joined, the whole may be joined in one indictment in separate counts... [Thu May 26, 1927]
• Amending Article 5519, Revised Civil Statutes, 1925, to provide for the quieting of land title. [Thu May 26, 1927]
• Amending Article 7373, Revised Civil Statutes, 1925, to provide for what may be proven under a plea of not guilty in trespass to try title suits, so as to make the recodification of the statutes conform to the long standing rule on this subject. [Thu May 26, 1927]
• Amending Article 7884, Revised Civil Statutes, 1925 to provide that the notice of hearings for Fresh Water Supply Districts should advise the persons living within the district that they have an opportunity to contest the matter of benefits to be derived from the establishment of the district. [Thu May 26, 1927]
• Amending Articles 3136, 3137 and 3139, Revised Civil Statutes, 1925 to grant additional time within which the vote may be counted and the returns made to the Executive Committee and of properly providing for the holding of the conventions contemplated by the statute . [Thu May 26, 1927]
• Amending Chapter 2, Title 22, Revised Civil Statutes, 1925, by adding thereto Article 725a to permit the issuance of bonds by counties for the purpose of funding or refunding indebtedness heretofore incurred for the purchase and improvement of county parks. [Thu May 26, 1927]
• Considering and acting upon such other subjects of public importance as the Executive may, from time to time during the session, submit by message or otherwise. [Thu May 26, 1927]
• Declaring unlawful the sale or offer for sale, transportation, preparation receiving or delivery for transportation or marketing of citrus fruit that is immature, unripe, overripe, frost damaged or otherwise unfit... [Thu May 26, 1927]
• Enabling proper authorities to pay taxes on school lands owned by counties and fixing funds from which they are to be paid. [Thu May 26, 1927]
• Enacting a subdivision to Article 1995, Revised Civil Statutes, creating an additional exception to the general venue rule. [Thu May 26, 1927]
• Fixing the open season for hunting, taking or killing Black Tail Deer in that part of the State West of the Pecos River... [Thu May 26, 1927]
• Making a provision for filling vacancies in the office of county school superintendent. [Thu May 26, 1927]
• Making Chapter 20, Acts of the Regular Session of the Fortieth Legislature conform to a statute that might be passed providing for the redemption of land sold for State and county taxes. [Thu May 26, 1927]
• Passing a saving clause to preserve the rights of the parties in cases taken to the Supreme Court under Article 1728, Revised Civil Statutes, 1925, as amended by the regular session of the Fortieth Legislature. [Thu May 26, 1927]
• Prohibiting the killing of squirrel in Hardin County during the months of February 1st to October 15th... [Thu May 26, 1927]
• Providing that negotiable instruments shall not be rendered non-negotiable by reason of the execution of any other paper creating a lien or other right... [Thu May 26, 1927]
• Repealing Article 3107, Revised Civil Statutes, 1925, and enactment of a statute which will vest power in the Executive Committee of the several political parties to determine the qualifications and requisite membership in such parties. [Thu May 26, 1927]
• Requiring every person, firm, co-partnership, association or corporation doing business in this State, which are subject to occupation, gross receipts, or other taxes upon sales or gross receipts, to keep complete, permanent and detailed records of all business transacted in Texas, said records to be kept at the principal of business in Texas.. [Thu May 26, 1927]
• Amending Article 1595 of the Revised Civil Statutes of 1925, relating to elections for the removal of County Seats; reducing the number of votes required to remove county seats... [Mon May 30, 1927]
• Amending Article 2095, Chapter 7, Title 42 of the Revised Civil Statutes of the State of Texas, 1925 so that it provides for the compiling of jury cards for the jury wheel in such counties of over one hundred fifty thousand population... [Mon May 30, 1927]
• Amending Article 2547, Chapter 2, Title 47, Revised Civil Statutes of 1925 and amendments thereto, which article provides for the execution of bonds for securing county deposits; providing for the manner in which such deposits may be secured and the amount of such bonds... [Mon May 30, 1927]
• Amending Article 4011, Revised Civil Statutes, 1925. [Mon May 30, 1927]
• Amending Article 432, Chapter 6, of the Revised Civil Statutes of Texas of 1925, relating to reserve deposits in savings departments of state banks. [Mon May 30, 1927]
• Amending Article 4629 of the Revised Civil Statutes of 1925, relating to divorces so as to make Subdivision 4 thereof read as follows: "Where a husband and wife have lived without cohabitation for as long as five years".... [Mon May 30, 1927]
• Amending Article 725, Revised Civil Statutes of 1925, authorizing the issuance of refunding bonds bearing the same or lower rates of interest... [Mon May 30, 1927]
• Amending Articles 2922b, 2922h and 2922l of Chapter 19A, Revised Civil Statutes, 1925, so as to authorize the issuance and sale of bonds by trustees of rural high school districts... [Mon May 30, 1927]
• Amending Articles 961 and 966, of Chapter 1, Title 28, Revised Civil Statutes, of 1925, providing for the incorporation of cities and towns with population of five hundred or more inhabitants, and for the acceptance by certain cities and towns of the provisions of Title 29... [Mon May 30, 1927]
• Amending Chapter 193 of the General Laws of The Regular Session of the 40th Legislature, to permit the using of seines for the purpose of catching minnows for bait in the public fresh waters of Marion, Harrison, Smith and Rusk Counties, State of Texas. [Mon May 30, 1927]
• Amending Section 5, of Chapter 136, of the Acts of the 39th Legislature of Texas, passed and approved March 28, 1925, so as to permit the owner of land to build a dam or reservoir on his land... [Mon May 30, 1927]
• Amending Section Eight of Chapter 177 of the General Laws of the Regular Session of the Thirty-ninth Legislature, as amended by Senate Bill No. 56, same being Chapter 35, of the General Laws of the regular session of the 40th Legislature, making it unlawful for any person to kill, take, or have in his possession for barter or sale, any wild beaver, wild otter, etc., ... [Mon May 30, 1927]
• Authorizing a 50 year lease be issued to the town of Aransas Pass for Ransom Island and its sand flats extension and authorizing the town to improve or have said area improved for public park purposes, reserving to the state all minerals... [Mon May 30, 1927]
• Authorizing the State Comptroller to join in behalf of the State in contracts for the collection of delinquent taxes under the provisions of Article 7335, Revised Statutes, 1925, and providing that the form of such contract shall be prepared by the Attorney General and that same shall not be valid without such joinder... [Mon May 30, 1927]
• Changing the wording of Article 2007 of the Revised Civil Statutes of 1925 so that said article shall read as follows: A Plea of Privilege to be sued in the county of one's residence shall be sufficient...." [Mon May 30, 1927]
• Creating the Lamar-Delta County Levee Improvement District in the Counties of Lamar and Delta, and validating and approving all orders made by the commissioners' courts of said counties... [Mon May 30, 1927]
• Fixing compensation for county tax assessors in counties containing a city with a population over 125,000 according to the last United States census... [Mon May 30, 1927]
• Providing for increasing or diminishing the area of an Independent School District upon petition of qualified resident property tax paying voters... [Mon May 30, 1927]
• Providing for the filing by the county, district or criminal district attorney of a brief in all cases appealed to the Court of Criminal Appeals, and providing that no fees shall be collected... [Mon May 30, 1927]
• Providing the means and methods for the collection of delinquent and insolvent ad valorem taxes, penalties and interests thereon, and for the correction, completion and perfection of the tax assessment rolls... [Mon May 30, 1927]
• Relating to insurance certificates or policies issued by fraternal benefit societies... [Mon May 30, 1927]
• Relating to the duties of the County Board of Education of counties with an area of more than eleven hundred square miles and a population of not less than forty thousand... [Mon May 30, 1927]
• Repealing Chapter 112 of the Acts of the Regular Session of the 39th Legislature, and restoring the old Cyclone Common School District No. 9 to its original status; and declaring an emergency. [Mon May 30, 1927]
• The enactment of statutes giving the Railroad Commission authority to prevent waste of oil and natural gas in the actual drilling and producing operations and in the active storage, piping, distribution and utilization thereof. [Mon May 30, 1927]
• The enactment of statutes to provide for such penalties omitted in the recodification of 1925. [Mon May 30, 1927]
• Validating the consolidation proceedings consolidating Rotan Independent School District and Cross Roads Common School District Number 29 of Fisher County and Hackberry Common School District Number 30 of Fisher County and a portion of Avelon Common School District Number 3 of Fisher County... [Mon May 30, 1927]
• Amending Article 1645 of the Revised Civil Statutes of Texas by providing for a minimum salary to be paid county auditors... [Tue May 31, 1927]
• Amending Article 545, Revised Civil Statutes of 1925. [Tue May 31, 1927]
• Amending Articles 6162, 6163, 6164, and 6165, of Title 107, Revised Texas Civil Statutes of 1925, defining and regulating loan brokers... [Tue May 31, 1927]
• Authorizing incorporated cities, towns, and villages incorporated under either general or special law... [Tue May 31, 1927]
• Authorizing the creation of Junior College Districts for the purpose of establishing, maintaining, operating and supporting junior colleges... [Tue May 31, 1927]
• Creating and establishing the Harris County Houston Ship Channel Navigation District of Harris County, Texas, under Article 3, Section 52, of the Constitution of the State of Texas, for the purpose of the development of deep water navigation... [Tue May 31, 1927]
• Creating Cameron County Water Control and Improvement District Number 6... [Tue May 31, 1927]
• Creating Cameron County Water Control and Improvement District Number Five... [Tue May 31, 1927]
• Creating Cameron County Water Control and Improvement District Number Seven... [Tue May 31, 1927]
• Enactment of a statute supplementing the bill passed by the Fortieth Legislature giving the Railroad commission control over passenger transportation by motor car, so as to textend this authority to also include transportation of freight by motor carriage. [Tue May 31, 1927]
• Enactment of statutes giving the Railroad Commission the power to enforce reasonable rules governing the handling of dry or abandoned wells drilled for oil or gas to prevent the same from constituting a source of damage to the oil and gas strata. [Tue May 31, 1927]
• Endactment of statutes fixing the qualifications of supervisors and deputy supervisors working under the Railroad Commission and the Oil and Gas Division thereof. [Tue May 31, 1927]
• Passing a penal statute to adequately define and fix an appropriate penalty for the offense of exhibiting slot machines and like character of gambling devices. [Tue May 31, 1927]
• Providing that liens for street improvements created by written contract of the owner or owners of land, or by interest therein, shall be superior liens upon such improvement... [Tue May 31, 1927]
• Ratifying and adopting in principle the Canadian River Compact between the states of New Mexico, Texas, and Oklahoma... [Tue May 31, 1927]
• Repealing Article 2538, Revised Civil Statutes of 1925, providing for the investment of State funds in Government bonds... [Tue May 31, 1927]

Journals

The House Journal and Senate Journal for the 40th 1st Called Session are available from the Legislative Reference Library.

Rules
House Rules (40th R.S.)
Joint Rules (40th R.S.)
Senate Rules (40th R.S.)

Bill statistics for the 40th Legislature, 1st Called Session

Status	HB	HCR	HJR	HR	SB	SCR	SJR	SR	Total HB & SB	Total
Filed	148	7	0	58	124	10	0	47	272	394
Passed	67	3*	0	53	45	5	0	44	112	217
Vetoed	4	0	0	0	1	0	0	0	5	5

*HCR 2 was passed by the House and Senate, but did not receive the governor's approval and did not take effect.
See Texas Constitution Article 4, Section 15.