By: Van de Putte H.B. No. 1463
73R4683 DLF-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the description and use of the state flag, the
1-3 governor's flag, and the state seal and to the adoption and
1-4 rendition of the state song.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Title 106, Revised Statutes, is amended by adding
1-7 Article 6139a to read as follows:
1-8 Art. 6139a. DESCRIPTION OF THE STATE FLAG. (a) The state
1-9 flag is the 1839 national flag of the Republic of Texas.
1-10 (b) The state flag consists of a rectangle with a width to
1-11 length ratio of two to three containing:
1-12 (1) a blue vertical stripe one-third the entire length
1-13 of the flag wide, and two equal horizontal stripes, the upper
1-14 stripe white, the lower red, each two-thirds the entire length of
1-15 the flag long; and
1-16 (2) a white, regular five-pointed star in the center
1-17 of the blue stripe, oriented so that one point faces upward, and of
1-18 such a size that the diameter of a circle passing through the five
1-19 points of the star is equal to three-fourths the width of the blue
1-20 stripe.
1-21 (c) The red, white, and blue of the state flag stand,
1-22 respectively, for bravery, purity, and loyalty.
1-23 (d) The red and blue colors of the state flag are the same
1-24 colors used in the United States flag and are defined as numbers
2-1 80108 (red) and 80075 (dark blue) of The Standard Color Reference
2-2 of America, 10th edition.
2-3 (e) When displayed permanently mounted on a staff, as for
2-4 indoor or parade use, the state flag may be decorated with gold
2-5 fringe and its staff with gold cords and tassels.
2-6 (f) When the state flag is displayed on a staff, the staff
2-7 should be at least 2-1/2 times as long as the flag's hoist, and the
2-8 state flag should be attached to the staff's peak. The staff's
2-9 finial should be either a lone star or a spearhead.
2-10 (g) The governor may prescribe additional rules with respect
2-11 to the description of the state flag. The governor shall set forth
2-12 any alterations or additional rules in an executive order published
2-13 in the Texas Register.
2-14 SECTION 2. Title 106, Revised Statutes, is amended by adding
2-15 Article 6139b to read as follows:
2-16 Art. 6139b. PLEDGE OF ALLEGIANCE TO THE STATE FLAG. (a)
2-17 The pledge of allegiance to the state flag is, "Honor the Texas
2-18 flag; I pledge allegiance to thee, Texas, one and indivisible."
2-19 (b) The pledge of allegiance to the state flag should be
2-20 rendered by all present except those in uniform by standing at
2-21 attention facing the flag with the right hand over the heart. Men,
2-22 but not women, who are not in uniform should remove their headdress
2-23 with their right hand and hold it at the left shoulder, with the
2-24 hand over the heart. Individuals in uniform should remain silent,
2-25 face the flag, and render the military salute.
2-26 (c) The pledge of allegiance to the state flag may be
2-27 recited at all public and private meetings at which the pledge of
3-1 allegiance to the United States flag is recited and at state
3-2 historical events and celebrations.
3-3 (d) The pledge of allegiance to the state flag should be
3-4 recited after the pledge of allegiance to the United States flag if
3-5 both are recited.
3-6 SECTION 3. Title 106, Revised Statutes, is amended by adding
3-7 Article 6139c to read as follows:
3-8 Art. 6139c. TEXAS FLAG CODE
3-9 Sec. 1. This article may be cited as the Texas Flag Code.
3-10 Sec. 2. The rules set out by Section 3 of this article
3-11 govern the use of the state flag in this state.
3-12 Sec. 3. (a) The state flag should not be displayed outdoors
3-13 earlier than sunrise or later than sunset. However, when a
3-14 patriotic effect is desired, the state flag may be displayed 24
3-15 hours a day if properly illuminated during the hours of darkness or
3-16 may be displayed under the same circumstances as the United States
3-17 flag may be displayed.
3-18 (b) The state flag should be hoisted briskly and lowered
3-19 ceremoniously.
3-20 (c) The state flag should not be displayed on days when the
3-21 weather is inclement unless a weatherproof flag is displayed.
3-22 (d) The state flag should be displayed on all state holidays
3-23 and on special occasions of historical significance. Texas Flag
3-24 Day shall be celebrated on March 2, Texas Independence Day.
3-25 (e) The state flag should be displayed daily on or near the
3-26 main administration building of every state institution.
3-27 (f) The state flag, when carried in a procession with
4-1 another flag or flags except the United States flag, should be
4-2 either on the marching right, that is, the state flag's right, or,
4-3 if there is a line of other flags, in front of the center of that
4-4 line. When the state flag is carried in a procession in which the
4-5 United States flag is carried, the United States flag should be on
4-6 the marching right, that is, the United States flag's right, and
4-7 the state flag should be on the United States flag's left.
4-8 (g) The state flag should not be displayed on a float in a
4-9 parade except from a staff or as provided in Subsection (o) of this
4-10 section.
4-11 (h) The state flag should not be draped over the hood, top,
4-12 side, or back of any vehicle, railroad train, boat, or aircraft.
4-13 When the state flag is displayed on a motor vehicle, the staff
4-14 should be fixed firmly to the chassis or clamped to the right
4-15 fender. If the United States flag is also displayed, its staff
4-16 should be clamped to the right fender, and the state flag's staff
4-17 should be clamped to the left fender.
4-18 (i) No flag or pennant other than the United States flag
4-19 should be placed above or, if on the same level, to the state
4-20 flag's right, that is, the observer's left. When the state and
4-21 United States flags are displayed at the same time, they should be
4-22 flown on flagpoles of the same height, and the flags should be of
4-23 approximately equal size. The United States flag should be
4-24 displayed to the United States flag's right, that is, the
4-25 observer's left. However, when it is necessary for the state and
4-26 United States flags to be flown from the same flagpole, the state
4-27 flag should be displayed underneath the United States flag. When
5-1 the state flag is displayed on a separate flagpole from the United
5-2 States flag, the state flag should be hoisted after the United
5-3 States flag is hoisted and lowered before the United States flag is
5-4 lowered.
5-5 (j) When the state flag is displayed with another flag,
5-6 other than the United States flag, against a wall from crossed
5-7 staffs, the state flag should be on the state flag's right, that
5-8 is, the observer's left, and its staff should be in front of the
5-9 staff of the other flag. When the state and United States flags
5-10 are displayed against a wall from crossed staffs, the state flag
5-11 should be on the United States flag's left, that is, the observer's
5-12 right, and behind the staff of the United States flag.
5-13 (k) The state flag should be at the center and at the
5-14 highest point of a group when a number of flags of cities or
5-15 localities or pennants of societies are grouped and displayed from
5-16 staffs.
5-17 (l) When flags of cities or localities or pennants of
5-18 societies are flown on the same halyard with the state flag, the
5-19 latter should always be at the peak. When the flags are flown from
5-20 adjacent staffs, the state flag should be hoisted first and lowered
5-21 last. Those flags or pennants may not be placed above the state
5-22 flag or to the state flag's right, that is, the observer's left.
5-23 (m) When the state flag is displayed with the flags of other
5-24 states of the United States, nations other than the United States,
5-25 and international organizations, the state flag should be displayed
5-26 on the state flag's right, that is, the observer's left, on a
5-27 separate flagpole or staff. This subsection does not apply to the
6-1 United States or any agency of the United States, including the
6-2 armed services, when federal law, custom, or practice dictates
6-3 otherwise. The state flag should not be displayed above the flags
6-4 of other states of the United States, nations, and international
6-5 organizations on the same flagpole, and the state flag should not
6-6 be displayed from a higher flagpole or staff.
6-7 (n) When the state flag is displayed from a staff projecting
6-8 horizontally or at an angle from a windowsill, balcony, or front of
6-9 a building, the top of the flag should be placed at the peak of the
6-10 staff unless the flag is at half-staff. When the state flag is
6-11 suspended over a sidewalk from a rope extending from a house to a
6-12 pole at the edge of the sidewalk, the flag should be hoisted out,
6-13 white stripe first, from the building.
6-14 (o) When the state flag is displayed horizontally against a
6-15 wall, the white stripe should be uppermost and to the state flag's
6-16 right, that is, to the observer's left. When the state flag is
6-17 displayed vertically against a wall, the blue stripe should be
6-18 uppermost and the white stripe should be to the state flag's right,
6-19 that is, to the observer's left. When displayed in a window, the
6-20 state flag should be displayed in the same way, with the blue
6-21 stripe to the left of the observer outside the window.
6-22 (p) When the state flag is displayed over the middle of a
6-23 street, it should be suspended vertically with the blue stripe
6-24 uppermost and the white stripe to the north in an east and west
6-25 street, or with the white stripe to the east in a north and south
6-26 street.
6-27 (q) When used on a speaker's platform, the state flag, if
7-1 displayed flat, should be displayed above and behind the speaker.
7-2 If both the state and United States flags are displayed on a
7-3 speaker's platform at the same time, the state flag should be on
7-4 the state flag's left, that is, the observer's right, while the
7-5 United States flag should be on the United States flag's right,
7-6 that is, the observer's left.
7-7 (r) The state flag should form a distinctive feature of the
7-8 ceremony of unveiling a statue or monument, but it should never be
7-9 used as the covering for the statue or monument.
7-10 (s) The state flag, when flown at half-staff, should be
7-11 first hoisted to the peak of the flagpole for an instant and then
7-12 lowered to the half-staff position. The state flag should be again
7-13 raised to the peak before it is lowered for the day. On Memorial
7-14 Day the state flag should be displayed at half-staff until noon
7-15 only, then raised to the peak of the flagpole. By order of the
7-16 governor, the state flag shall be flown at half-staff on the death
7-17 of an individual as a mark of respect to the individual's memory.
7-18 (t) When the state flag is used to cover a casket, it should
7-19 be so placed that the blue stripe is at the head and the white
7-20 stripe is over the left shoulder, that is, the observer's right.
7-21 The state flag should not be lowered into the grave or allowed to
7-22 touch the ground.
7-23 (u) When the state flag is suspended across a corridor or
7-24 lobby in a building with only one main entrance, it should be
7-25 suspended vertically with the white stripe of the flag to the
7-26 observer's left on entering. If the building has more than one
7-27 main entrance, the state flag should be suspended vertically near
8-1 the center of the corridor or lobby with the white stripe to the
8-2 north, when entrances are to the east and west, or to the east,
8-3 when entrances are to the north and south. If there are entrances
8-4 in more than two directions, the white stripe should be to the
8-5 east.
8-6 (v) The state flag should not be dipped to any person or
8-7 thing except as a mark of honor for the United States flag.
8-8 (w) When the state flag is displayed from a flagpole or
8-9 staff, the white stripe should always be at the top of the flag,
8-10 except as a signal of dire distress in instances of extreme danger
8-11 to life or property.
8-12 (x) The state flag should not touch anything beneath it,
8-13 such as the ground or the floor, and should not trail in water.
8-14 (y) The state flag should, when practicable, not be carried
8-15 flat or horizontally, but aloft and free.
8-16 (z) The state flag should not be used as bedding or drapery.
8-17 It should not be festooned, drawn back, or up, in folds, but always
8-18 allowed to fall free. Bunting of blue, white, and red, always
8-19 arranged with the blue above, the white in the middle, and the red
8-20 below, should be used instead of the state flag for covering a
8-21 speaker's desk, for draping the front of a platform, and for
8-22 decoration in general.
8-23 (aa) The state flag should not be fastened, displayed, used,
8-24 or stored in a manner that it can be easily torn, soiled, or
8-25 damaged in any way.
8-26 (bb) The state flag should not be used as a covering for a
8-27 ceiling.
9-1 (cc) The state flag should not have placed on any part of
9-2 it, or attached to it, any mark, insignia, letter, word, figure,
9-3 design, picture, or drawing of any nature.
9-4 (dd) The state flag should not be used as a receptacle for
9-5 receiving, holding, carrying, or delivering anything.
9-6 (ee) Advertising signs should not be fastened to a staff or
9-7 halyard from which the state flag is flown.
9-8 (ff) The state flag, when it is in such a condition that it
9-9 is no longer a fitting emblem for display, should be destroyed in a
9-10 dignified way, preferably by burning.
9-11 (gg) During the ceremony of hoisting or lowering the state
9-12 flag or when the state flag is passing in a parade or in review,
9-13 all individuals present except those in uniform should face the
9-14 state flag and stand at attention with the right hand over the
9-15 heart. Those present in uniform should render the military salute.
9-16 When not in uniform, men, but not women, should remove their
9-17 headdress with their right hand and hold it at the left shoulder,
9-18 the hand being over the heart. Individuals who are not citizens of
9-19 this state should stand at attention. The salute to the state flag
9-20 in a moving column should be rendered at the moment the state flag
9-21 passes.
9-22 Sec. 4. The governor may alter, modify, or repeal any rule
9-23 relating to the display of the state flag set forth in Section 3 or
9-24 may prescribe additional rules with respect to the display of the
9-25 state flag. The governor shall set forth any alterations or
9-26 additional rules in an executive order published in the Texas
9-27 Register.
10-1 Sec. 5. (a) A governmental subdivision or agency may not
10-2 enact or enforce a law that prohibits:
10-3 (1) the display of a municipal flag, the state flag,
10-4 the flag of another state of the United States, the United States
10-5 flag, or the flag of a nation other than the United States; or
10-6 (2) any conduct covered by this article.
10-7 (b) This section does not apply to an action by a
10-8 governmental subdivision or agency to enact or enforce a law
10-9 established to protect the public health and safety.
10-10 SECTION 4. Title 106, Revised Statutes, is amended by adding
10-11 Article 6139d to read as follows:
10-12 Art. 6139d. FLAG OF THE GOVERNOR. The governor may adopt a
10-13 flag for the governor's official use. The governor shall set forth
10-14 the description of the flag in an executive order published in the
10-15 Texas Register.
10-16 SECTION 5. Title 106, Revised Statutes, is amended by adding
10-17 Article 6139e to read as follows:
10-18 Art. 6139e. STATE SONG. (a) The state song is "Texas, Our
10-19 Texas" by William J. Marsh and Gladys Yoakum Wright:
10-20 Texas, our Texas! All hail the mighty State!
10-21 Texas, our Texas! So wonderful so great!
10-22 Boldest and grandest, Withstanding ev'ry test;
10-23 O Empire wide and glorious, You stand supremely blest.
10-24 Refrain
10-25 God bless you Texas! And keep you brave and strong,
10-26 That you may grow in power and worth, Thro'out the
10-27 ages long.
11-1 Texas, O Texas! Your freeborn single star,
11-2 Sends out its radiance to nations near and far.
11-3 Emblem of freedom! It sets our hearts aglow,
11-4 With thoughts of San Jacinto and glorious Alamo.
11-5 Refrain
11-6 Texas, dear Texas! From tyrant grip now free,
11-7 Shines forth in splendor your star of destiny!
11-8 Mother of heroes! We come your children true,
11-9 Proclaiming our allegiance, our faith, our love for you.
11-10 Refrain
11-11 (b) During the rendition of the state song when the state
11-12 flag is displayed, all individuals present except those in uniform
11-13 should stand at attention facing the state flag with the right hand
11-14 over the heart. Those present in uniform should render the
11-15 military salute at the first note of the state song and retain this
11-16 position until the last note. When not in uniform, men, but not
11-17 women, should remove their headdress with their right hand and hold
11-18 it at the left shoulder, with the hand over the heart. Individuals
11-19 who are not citizens of this state should stand at attention.
11-20 (c) When the state flag is not displayed, those present
11-21 should face toward the music and act in the same manner as they
11-22 would if the state flag were displayed there.
11-23 (d) The state song should be rendered after the national
11-24 anthem if both are rendered.
11-25 SECTION 6. Title 106, Revised Statutes, is amended by adding
11-26 Article 6139f to read as follows:
11-27 Art. 6139f. STATE SEAL; STATE ARMS. (a) The state seal is
12-1 as provided by Article IV, Section 19, of the Texas Constitution.
12-2 (b) The reverse of the state seal contains a shield,
12-3 consisting of a depiction of the Alamo, the cannon of the Battle of
12-4 Gonzales, and Vince's Bridge. The shield is encircled by live oak
12-5 and olive branches, and the unfurled flags of the Kingdom of
12-6 France, the Kingdom of Spain, the United Mexican States, the
12-7 Republic of Texas, the Confederate States of America, and the
12-8 United States of America. Above the shield is emblazoned the
12-9 motto, "REMEMBER THE ALAMO," and beneath it are the words, "TEXAS
12-10 ONE AND INDIVISIBLE," with a white five-pointed star hanging over
12-11 the shield, centered between the flags.
12-12 (c) The state arms are a white star of five points, on an
12-13 azure ground, encircled by olive and live oak branches.
12-14 (d) The secretary of state, by rule, shall adopt standard
12-15 designs for the state seal, the reverse of the state seal, and the
12-16 state arms.
12-17 SECTION 7. Section 2.02, Education Code, is amended to read
12-18 as follows:
12-19 Sec. 2.02. THE FLYING OF THE STATE FLAG. On all regular
12-20 school days, every school and other educational institution covered
12-21 by this code shall fly the state <Texas> flag in accordance with
12-22 the Texas Flag Code, Article 6139c, Revised Statutes <general rules
12-23 governing its use>.
12-24 SECTION 8. Section 17.08, Business & Commerce Code, is
12-25 amended to read as follows:
12-26 Sec. 17.08. Private Use of State <Great> Seal <of Texas>.
12-27 (a) In this section:
13-1 (1) "Commercial purpose" means a purpose that is
13-2 intended to result in a profit or other tangible benefit but does
13-3 not include:
13-4 (A) <an> official use of the state seal or a
13-5 representation of the state seal in a state function;
13-6 (B) <or the> use of the state seal <Great Seal
13-7 of Texas> or a representation of the state seal <Great Seal of
13-8 Texas> for a political purpose by an elected official of this
13-9 state;
13-10 (C) use of the state seal or a representation of
13-11 the state seal in an encyclopedia, dictionary, book, journal,
13-12 pamphlet, periodical, magazine, or newspaper incident to a
13-13 description or history of seals, coats of arms, heraldry, or this
13-14 state;
13-15 (D) use of the state seal or a representation of
13-16 the state seal in a library, museum, or educational facility
13-17 incident to descriptions or exhibits relating to seals, coats of
13-18 arms, heraldry, or this state;
13-19 (E) use of the state seal or a representation of
13-20 the state seal in a theatrical, motion-picture, television, or
13-21 similar production for a historical, educational, or newsworthy
13-22 purpose; or
13-23 (F) use of the state seal or a representation of
13-24 the state seal for another historical, educational, or newsworthy
13-25 purpose if authorized in writing by the secretary of state.
13-26 (2) "Representation of the state seal <Great Seal of
13-27 Texas>" includes a nonexact representation that the secretary of
14-1 state determines is deceptively similar to the state seal. <Great
14-2 Seal of Texas;>
14-3 (3) "Official use" means the use of the state seal
14-4 <Great Seal of Texas> by an officer or employee of this state in
14-5 performing a state function.<;>
14-6 (4) "State function" means a state governmental
14-7 activity authorized or required by law.
14-8 (5) "State seal" means the state seal, the reverse of
14-9 the state seal, and the state arms as defined by Article 6139f,
14-10 Revised Statutes.
14-11 (b) Except as otherwise provided by this section, a person
14-12 may not use a representation of the state seal <Great Seal of
14-13 Texas>:
14-14 (1) to advertise or publicize tangible personal
14-15 property or a commercial undertaking; or
14-16 (2) for another commercial purpose.
14-17 (c) A person may use a representation of the state seal
14-18 <Great Seal of Texas> for a commercial purpose if the person
14-19 obtains a license from the secretary of state for that use. The
14-20 secretary of state, under the authority vested in the secretary as
14-21 custodian of the seal under Article IV, Section 19, of the Texas
14-22 Constitution, shall issue a license to a person who applies for a
14-23 license on a form provided by the secretary of state and who pays
14-24 the fees required under this section if the secretary of state
14-25 determines that the use is in the best interests of the state and
14-26 not detrimental to the image of the state. A license issued under
14-27 this section expires one year after the date of issuance <and may
15-1 be renewed>.
15-2 (d) The secretary of state shall adopt rules relating to the
15-3 use of the state seal <Great Seal of Texas> by a person licensed
15-4 under this section. The secretary of state shall adopt the rules
15-5 in the manner provided by the Administrative Procedure and Texas
15-6 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).
15-7 (e) The application fee for a license under this section is
15-8 $35. The license fee for an original or renewal license is $250.
15-9 In addition to those fees, each licensee shall pay an amount equal
15-10 to three percent of the licensee's annual gross receipts related to
15-11 the licensed use in excess of $5,000 to the state as a royalty fee.
15-12 (f) A person licensed under this section shall maintain
15-13 records relating to the licensee's use of the state seal <Great
15-14 Seal of Texas> in the manner required by the rules of the secretary
15-15 of state. <The secretary of state may examine the records during
15-16 reasonable business hours to determine the licensee's compliance
15-17 with this section.> Each licensee shall display the license in a
15-18 conspicuous manner in the licensee's office or place of business.
15-19 (g) The secretary of state may suspend or revoke a license
15-20 issued under this section for failure to comply with this section
15-21 or the rules adopted under this section. The secretary of state
15-22 may bring a civil action to enjoin a violation of this section or
15-23 the rules adopted under this section.
15-24 (h) A person who reproduces an official document bearing the
15-25 state seal <Great Seal of Texas> does not violate Subsection (b) of
15-26 this section if the document is:
15-27 (1) reproduced in complete form; and
16-1 (2) used for a purpose related to the purpose for
16-2 which the document was issued by the state.
16-3 (i) A person who violates a provision of Subsection (b) of
16-4 this section commits an offense. An offense under this section is
16-5 a Class C misdemeanor.
16-6 (j) A person who violates Subsection (b) of this section
16-7 commits a separate offense each day that the person violates a
16-8 provision of that subsection.
16-9 SECTION 9. Sections 9A(a) and (b), State Aircraft Pooling
16-10 Act (Article 4413(34b), Vernon's Texas Civil Statutes), are amended
16-11 to read as follows:
16-12 (a) Except as provided by Subsection (c) of this section,
16-13 all aircraft owned or leased by the state shall be marked:
16-14 (1) with the <Texas> state seal on each side of the
16-15 aircraft's vertical stabilizer; and
16-16 (2) with the words "The State of Texas" on each side
16-17 of the aircraft's fuselage.
16-18 (b) The board shall, consistent with federal regulations and
16-19 Article 6139f, Revised Statutes, and its subsequent amendments,
16-20 adopt rules governing the color, size, and location of marks of
16-21 identification required by this section.
16-22 SECTION 10. Section 30, The Securities Act (Article 581-30,
16-23 Vernon's Texas Civil Statutes), is amended to read as follows:
16-24 Sec. 30. Certified Copies of Papers Filed with Commissioner
16-25 as Evidence. Copies of all papers, instruments, or documents filed
16-26 in the office of the Commissioner, certified by the Commissioner,
16-27 shall be admitted to be read in evidence in all courts of law and
17-1 elsewhere in this state in all cases where the original would be
17-2 admitted in evidence; provided, that in any proceeding in the court
17-3 having jurisdiction, the court may, on cause shown, require the
17-4 production of the originals.
17-5 The Commissioner shall assume custody of all records of the
17-6 Securities Divisions within the offices of the Secretary of State
17-7 and of the Board of Insurance Commissioners, and henceforth these
17-8 prior records shall be proven under certificate of the
17-9 Commissioner.
17-10 In any prosecution, action, suit or proceeding before any of
17-11 the several courts of this state based upon or arising out of or
17-12 under the provisions of this Act, a certificate under the state
17-13 seal <of the state>, duly signed by the Commissioner, showing
17-14 compliance or non-compliance with the provisions of this Act
17-15 respecting compliance or non-compliance with the provisions of this
17-16 Act by any dealer or salesman, shall constitute prima facie
17-17 evidence of such compliance or of such non-compliance with the
17-18 provisions of this Act, as the case may be, and shall be admissible
17-19 in evidence in any action at law or in equity to enforce the
17-20 provisions of this Act.
17-21 SECTION 11. Section 3, Texas Uniform Facsimile Signature of
17-22 Public Officials Act (Article 717j-1, Vernon's Texas Civil
17-23 Statutes), is amended to read as follows:
17-24 Sec. 3. Facsimile Seal. When the state seal <of this
17-25 state>, the seal of the state's <its> political subdivisions, or
17-26 the seal of any department, agency, or other instrumentality of
17-27 this state or its political subdivisions is required in the
18-1 execution, authentication, certification, or endorsement of a
18-2 public security, eligible contract, instrument of payment or
18-3 certificate of assessment, the authorized officer may cause the
18-4 seal to be printed, engraved, lithographed, stamped, or otherwise
18-5 placed in facsimile thereon. The facsimile seal has the same legal
18-6 effect as the impression of the seal.
18-7 SECTION 12. Section 4.058, Public Facility Corporation Act
18-8 (Article 717s, Revised Statutes), is amended to read as follows:
18-9 Sec. 4.058. Documents as prima facie evidence. The
18-10 following documents shall be received by a court, public office, or
18-11 official body as prima facie evidence of the facts, or the
18-12 existence or nonexistence of the facts, stated in the document:
18-13 (1) a certificate issued by the secretary of state
18-14 under this article;
18-15 (2) a copy, certified by the secretary of state, of a
18-16 document filed in the office of the secretary of state under this
18-17 article; and
18-18 (3) a certificate of the secretary of state under the
18-19 state seal <Great Seal of Texas> as to the existence or
18-20 nonexistence of a fact relating to a corporation that would not
18-21 appear from a document or certificate under Subdivision (1) or (2)
18-22 of this section.
18-23 SECTION 13. Section 9.06, Texas Non-Profit Corporation Act
18-24 (Article 1396-9.06, Vernon's Texas Civil Statutes), is amended to
18-25 read as follows:
18-26 Sec. 9.06. Certificates and Certified Copies to be Received
18-27 in Evidence. A. All certificates issued by the Secretary of State
19-1 in accordance with the provisions of this Act, and all copies of
19-2 documents filed in his office, in accordance with the provisions of
19-3 this Act when certified by him, shall be taken and received in all
19-4 courts, public offices, and official bodies as prima facie evidence
19-5 of the facts therein stated and may be officially recorded. A
19-6 certificate by the Secretary of State under the state <great> seal
19-7 <of this State>, as to the existence or non-existence of the facts
19-8 relating to corporations which would not appear from a certified
19-9 copy of any of the foregoing documents or certificates shall be
19-10 taken and received in all courts, public offices, and official
19-11 bodies as prima facie evidence of the existence or non-existence of
19-12 the facts therein stated.
19-13 SECTION 14. Section 8, Electric Cooperative Corporation Act
19-14 (Article 1528b, Vernon's Texas Civil Statutes), is amended to read
19-15 as follows:
19-16 Sec. 8. Execution, Filing, and Recording of Articles of
19-17 Incorporation. When the incorporators of any corporation shall
19-18 furnish satisfactory evidence to the Secretary of State of a
19-19 compliance with the provisions of this Act, said officer shall
19-20 receive, file, and record the articles of incorporation of such
19-21 corporation in his office, upon application and payment of all fees
19-22 therefor, and give a certificate showing the recording of such
19-23 articles and authority to do business thereunder. The articles
19-24 shall thereupon be filed in the office of the Secretary of State,
19-25 who shall record same at length in a book to be kept for that
19-26 purpose, and retain the original on file in his office. A copy of
19-27 the articles, or of the record thereof, certified under the state
20-1 seal <Great Seal of the State>, shall be evidence of the creation
20-2 of the corporation. The existence of the corporation shall date
20-3 from the filing of the articles in the office of the Secretary of
20-4 State. The certificate of the Secretary of State shall be evidence
20-5 of such filing.
20-6 SECTION 15. Section 7, Telephone Cooperative Act (Article
20-7 1528c, Vernon's Texas Civil Statutes), is amended to read as
20-8 follows:
20-9 Sec. 7. Execution, Filing, and Recording of Articles of
20-10 Incorporation. When the incorporators of any corporation shall
20-11 furnish satisfactory evidence to the Secretary of State of a
20-12 compliance with the provisions of this Act, said officer shall
20-13 receive, file, and record the articles of incorporation of such
20-14 corporation in his office, upon application and payment of all fees
20-15 therefor, and give a certificate showing the recording of such
20-16 articles and authority to do business thereunder. The articles
20-17 shall thereupon be filed in the office of the Secretary of State,
20-18 who shall record same at length in a book to be kept for that
20-19 purpose, and retain the original on file in his office. A copy of
20-20 the articles, or of the record thereof, certified under the state
20-21 seal <Great Seal of the State>, shall be evidence of the creation
20-22 of the corporation. The existence of the corporation shall date
20-23 from the filing of the articles in the office of the Secretary of
20-24 State. The certificate of the Secretary of State shall be evidence
20-25 of such filing.
20-26 SECTION 16. Section 1, Chapter 65, Acts of the 43rd
20-27 Legislature, 2nd Called Session, 1934 (Article 2606a, Vernon's
21-1 Texas Civil Statutes), is amended to read as follows:
21-2 Sec. 1. The Governor of the State of Texas is hereby
21-3 authorized to have printed manuscript bonds of the State of Texas
21-4 in convenient denominations to be determined by him for the purpose
21-5 of refunding the principal of the bonds hereinafter mentioned.
21-6 Said bonds shall be designated "State of Texas Refunding Bonds,
21-7 Issue of 1934." Said bonds shall be numbered and dated as
21-8 hereinafter indicated and shall bear the rate of interest
21-9 hereinafter fixed, and shall become due and payable on the dates
21-10 hereinafter shown. Interest paying dates on the various bonds
21-11 authorized herein shall be fixed as hereinafter indicated. The
21-12 form of such bonds shall be prepared by the Attorney General. Each
21-13 of them shall be signed by the Governor and the Treasurer of the
21-14 State of Texas and countersigned and registered by the Comptroller,
21-15 and shall have the state seal <of Texas> affixed thereto.
21-16 SECTION 17. Article 4012, Revised Statutes, is amended to
21-17 read as follows:
21-18 Art. 4012. Evidence of authority. Any veteran of any of the
21-19 wars mentioned in this title, their wives, widows or members of
21-20 their families, and any minister of religion, or any fireman,
21-21 sister of charity or member of any religious society of like
21-22 character, who desires to receive the benefits of free or reduced
21-23 transportation as mentioned in this title shall present to the
21-24 president, manager, officer, or person authorized to issue such
21-25 transportation satisfactory evidence that he or she is entitled
21-26 thereto, as herein provided. The officers entitled to the benefits
21-27 of this law shall, when presenting themselves to the agent of any
22-1 such railway or interurban railway company for the purchase of a
22-2 ticket or to pay his fare, exhibit to such agent in case of the
22-3 Adjutant General and State Rangers a certificate of the Secretary
22-4 of State under the state seal, in case of sheriffs and constables
22-5 and their deputies a certificate under seal of the county judge of
22-6 the county where they hold office and in case of officers of a city
22-7 or town a certificate under seal of the mayor of such city or town
22-8 stating that such person is entitled to the reduced fare herein
22-9 provided for. Sheriffs and constables shall designate in writing
22-10 the two deputies entitled to the reduced rates herein provided for.
22-11 If the sheriff or constable has designated two deputies who are
22-12 entitled to such reduced rates, then no deputy of such sheriff or
22-13 constable shall be entitled to free transportation under the
22-14 provisions of the pass laws of this State.
22-15 SECTION 18. Section 5, Chapter 94, Acts of the 51st
22-16 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
22-17 Civil Statutes), is amended to read as follows:
22-18 Sec. 5. The Board shall preserve a record of its proceedings
22-19 in a book kept for that purpose, showing name, age, place, and
22-20 duration of residence of each applicant, the time spent in the
22-21 study of chiropractic in respective chiropractic schools, together
22-22 with such other information as the Board may desire to record.
22-23 Said register shall also show whether applicants were rejected or
22-24 licensed and shall be prima-facie evidence of all matters contained
22-25 therein. The secretary of the Board shall on May 1st of each year
22-26 transmit an official copy of said register to the Secretary of
22-27 State for permanent record, a certified copy of which, with hand
23-1 and seal of the secretary of said Board or the hand of the
23-2 Secretary of State under the state seal, shall be admitted in
23-3 evidence in all courts.
23-4 SECTION 19. Subdivision (2), Subsection E, Section 2,
23-5 Chapter 251, Acts of the 53rd Legislature, Regular Session, 1953
23-6 (Article 4582b, Vernon's Texas Civil Statutes), is amended to read
23-7 as follows:
23-8 (2) The commission shall file annually with the
23-9 Governor a list of the names of all duly licensed funeral
23-10 directors, embalmers, and funeral establishments. A copy shall be
23-11 filed with the Secretary of State for permanent record, a certified
23-12 copy of which, under the hand <and seal> of the Secretary of State
23-13 and the state seal, shall be admissible as evidence in all courts.
23-14 SECTION 20. Section 5, Chapter 104, Acts of the 48th
23-15 Legislature, Regular Session, 1943 (Article 5154a, Vernon's Texas
23-16 Civil Statutes), is amended to read as follows:
23-17 Sec. 5. Organizers. All labor union organizers operating in
23-18 the State of Texas shall be required to file with the Secretary of
23-19 State, before soliciting any members for his organization, a
23-20 written request by United States mail, or shall apply in person for
23-21 an organizer's card, stating (a) his name in full; (b) his labor
23-22 union affiliations, if any; (c) describing his credentials and
23-23 attaching thereto a copy thereof, which application shall be signed
23-24 by him. Upon such applications being filed, the Secretary of State
23-25 shall issue to the applicant a card on which shall appear the
23-26 following: (1) the applicant's name; (2) his union affiliation;
23-27 (3) a space for his personal signature; (4) a designation, "labor
24-1 organizer"; and, (5) the signature of the Secretary of State, dated
24-2 and attested by the state <his> seal <of office>. Such organizer
24-3 shall at all times, when soliciting members, carry such card, and
24-4 shall exhibit the same when requested to do so by a person being so
24-5 solicited for membership.
24-6 SECTION 21. Section 7(a), Chapter 111, Acts of the 61st
24-7 Legislature, Regular Session, 1969 (Article 6144h, Vernon's Texas
24-8 Civil Statutes), is amended to read as follows:
24-9 (a) The decoration shall display the state seal <Great Seal
24-10 of the State of Texas> with the words "Distinguished Service Medal"
24-11 engraved in a circle thereon, and shall be suspended from a bar of
24-12 red, white, and blue.
24-13 SECTION 22. Article 6265, Revised Statutes, is amended to
24-14 read as follows:
24-15 Art. 6265. Beginning of existence. The existence of such
24-16 corporation shall date from the filing of the articles of
24-17 incorporation in the office of the Secretary of State, and the
24-18 certificate of the Secretary of State under the state seal <of the
24-19 State>, shall be evidence of such filing.
24-20 SECTION 23. Article 6528, Revised Statutes, is amended to
24-21 read as follows:
24-22 Art. 6528. Registering bonds. When such bonds shall be
24-23 presented to the Secretary of State with said direction to
24-24 register, he shall register said bonds by entering a description
24-25 thereof in a book to be kept for that purpose, which shall show the
24-26 date, number, amount, when due, the rate of interest on each bond,
24-27 and also the date when the same is registered. The Secretary of
25-1 State shall indorse on each bond, under the state seal <of his
25-2 office> and his official signature, together with the date thereof,
25-3 as follows: "This bond is registered under the direction of the
25-4 Railroad Commission of Texas." Provided, however, that at the
25-5 direction of the Secretary of State the state <his said> seal may
25-6 be a facsimile seal in lieu of the <his> manually impressed state
25-7 seal and his said signature may be his facsimile signature in lieu
25-8 of his manual signature. No bond or other evidence of debt,
25-9 hereafter issued by or under the authority of any person, firm,
25-10 corporation, court, or railroad company, whereby a lien is created
25-11 on its franchise or property situated in this State, shall be valid
25-12 or have any force until the same has been registered as required
25-13 herein.
25-14 SECTION 24. Section 201.048(d), Agriculture Code, is amended
25-15 to read as follows:
25-16 (d) The secretary of state shall make and issue to the
25-17 directors a certificate, under the state seal <of this state>, of
25-18 the due organization of the conservation district. The secretary
25-19 shall record the certificate with the application and statement.
25-20 SECTION 25. Article 9.05, Texas Business Corporation Act, is
25-21 amended to read as follows:
25-22 Art. 9.05. Certificates and Certified Copies to be Received
25-23 in Evidence. A. All certificates issued by the Secretary of State
25-24 in accordance with the provisions of this Act, and all copies of
25-25 documents filed in his office in accordance with the provisions of
25-26 this Act, when certified by him, shall be taken and received in all
25-27 courts, public offices, and official bodies as prima facie evidence
26-1 of the facts therein stated, and shall be subject to recordation.
26-2 A certificate by the Secretary of State, under the state <great>
26-3 seal <of this State>, as to the existence or non-existence of the
26-4 facts relating to corporations which would not appear from a
26-5 certified copy of any of the foregoing documents or certificates
26-6 shall be taken and received in all courts, public offices, and
26-7 official bodies as prima facie evidence of the existence or
26-8 non-existence of the facts therein stated.
26-9 SECTION 26. Article 48.03, Code of Criminal Procedure, is
26-10 amended to read as follows:
26-11 Art. 48.03. Governor's acts under seal. All remissions of
26-12 fines and forfeitures, and all reprieves, commutations of
26-13 punishment and pardons, shall be signed by the Governor, and
26-14 certified by the Secretary of State, under the state <great> seal
26-15 <of State>, and shall be forthwith obeyed by any officer to whom
26-16 the same may be presented.
26-17 SECTION 27. Section 22, Article 51.13, Code of Criminal
26-18 Procedure, is amended to read as follows:
26-19 Sec. 22. FUGITIVES FROM THIS STATE; DUTY OF GOVERNOR.
26-20 Whenever the Governor of this State shall demand a person charged
26-21 with crime or with escaping from confinement or breaking the terms
26-22 of his bail, probation or parole in this State, from the Executive
26-23 Authority of any other State, or from the Chief Justice or an
26-24 Associate Justice of the Supreme Court of the District of Columbia
26-25 authorized to receive such demand under the laws of the United
26-26 States, he shall issue a warrant under the state seal <of this
26-27 State>, to some agent, commanding him to receive the person so
27-1 charged if delivered to him and convey him to the proper officer of
27-2 the county in this State in which the offense was committed, or in
27-3 which the prosecution for such offense is then pending.
27-4 SECTION 28. Section 52.11(h), Education Code, is amended to
27-5 read as follows:
27-6 (h) The bonds shall be executed on behalf of the
27-7 coordinating board, or its successor, as general obligations of the
27-8 State of Texas in the following manner: They shall be signed by
27-9 the chairman or vice chairman and the secretary of the board, and
27-10 the seal of the board shall be impressed on them. They shall be
27-11 signed by the governor and attested by the secretary of state and
27-12 the state seal <of the state> impressed on them. The resolution
27-13 authorizing the issuance of any installment or series of bonds may
27-14 prescribe the extent to which facsimile signatures and facsimile
27-15 seals may be used in executing the bonds and appurtenant coupons.
27-16 Interest coupons may be signed with the facsimile signatures of the
27-17 chairman or vice chairman and the secretary of the board. In the
27-18 event any officer whose manual or facsimile signature appears on
27-19 any bond or coupon ceases to hold that office before the delivery
27-20 of the bond or coupon, the signature will nevertheless be valid and
27-21 sufficient for all purposes as if he had remained in office until
27-22 the delivery had been made.
27-23 SECTION 29. Section 88.204, Education Code, is amended to
27-24 read as follows:
27-25 Sec. 88.204. SALE OF STATIONS. If property used in the
27-26 operation of a station is sold, the title to the property shall not
27-27 pass from this state until a deed of conveyance is made to the
28-1 purchaser, duly signed by the governor and attested by the
28-2 secretary of state under the state <his official> seal. All funds
28-3 received from the sale of station lands or property shall be
28-4 deposited in the state treasury and shall be paid out in accordance
28-5 with the provisions of this subchapter.
28-6 SECTION 30. Section 255.006(c), Election Code, is amended to
28-7 read as follows:
28-8 (c) A person other than an officeholder commits an offense
28-9 if the person knowingly uses a representation of the state seal
28-10 <Great Seal of Texas> in political advertising.
28-11 SECTION 31. Section 441.059(a), Government Code, is amended
28-12 to read as follows:
28-13 (a) The records preservation officer shall prescribe the
28-14 place and manner of safekeeping of essential records or
28-15 preservation duplicates and shall establish storage facilities for
28-16 the records and duplicates. At least one copy of each essential
28-17 record and a duplicate state seal <of the state> shall be stored in
28-18 the safest possible location in facilities constructed to withstand
28-19 blast, fire, water, and other destructive forces. The facilities
28-20 must be in a place other than the legally designated or customary
28-21 storage location for the records or duplicates. The records
28-22 preservation officer shall properly maintain essential records and
28-23 preservation duplicates that the records preservation officer
28-24 stores.
28-25 SECTION 32. Section 465.025(d), Government Code, is amended
28-26 to read as follows:
28-27 (d) The bonds may be issued in the form and denominations
29-1 and executed in the manner and under the terms, conditions, and
29-2 details determined by the commission or a financing corporation, as
29-3 applicable, in the resolution authorizing their issuance. The
29-4 bonds issued by the commission must be signed on behalf of the
29-5 state by the governor, have the state seal <of the state> impressed
29-6 on them, and be attested by the secretary of state. If any officer
29-7 whose manual or facsimile signature appears on the bonds ceases to
29-8 be an officer, the signature is still valid and sufficient for all
29-9 purposes as if the officer had remained in office.
29-10 SECTION 33. Section 221.104, Health and Safety Code, is
29-11 amended to read as follows:
29-12 Sec. 221.104. DOCUMENTS AS PRIMA FACIE EVIDENCE. The
29-13 following documents shall be received by a court, public office, or
29-14 official body as prima facie evidence of the facts, or the
29-15 existence or nonexistence of the facts, stated in the document:
29-16 (1) a certificate issued by the secretary of state
29-17 under this chapter;
29-18 (2) a copy, certified by the secretary of state, of a
29-19 document filed in the office of the secretary of state under this
29-20 chapter; and
29-21 (3) a certificate of the secretary of state under the
29-22 state seal <Great Seal of Texas> as to the existence or
29-23 nonexistence of a fact relating to a development corporation that
29-24 would not appear from a document or certificate under Subdivision
29-25 (1) or (2).
29-26 SECTION 34. Section 345.063(b), Health and Safety Code, is
29-27 amended to read as follows:
30-1 (b) The stamps must contain:
30-2 (1) a replica of the state seal <Great Seal of Texas>;
30-3 (2) the registry number, the serial numbers, or both;
30-4 and
30-5 (3) any other information as determined by the
30-6 department.
30-7 SECTION 35. Section 51.243(a), Natural Resources Code, is
30-8 amended to read as follows:
30-9 (a) Each patent for land from the state shall be issued in
30-10 the name and by authority of the state under the state seal <of the
30-11 state> and the land office seal and shall be signed by the governor
30-12 and countersigned by the commissioner.
30-13 SECTION 36. Section 161.116(b), Natural Resources Code, is
30-14 amended to read as follows:
30-15 (b) The bonds shall be signed by the chairman and the
30-16 secretary of the board and the seal of the board shall be impressed
30-17 on the bonds. In addition, the bonds shall be signed by the
30-18 governor and attested by the Secretary of State with the state seal
30-19 <of the state> impressed on the bonds.
30-20 SECTION 37. Section 162.036(b), Natural Resources Code, is
30-21 amended to read as follows:
30-22 (b) The bonds shall be signed by the chairman and the
30-23 secretary of the board and the seal of the board shall be impressed
30-24 on the bonds. In addition, the bonds shall be signed by the
30-25 governor and attested by the secretary of state with the state seal
30-26 <of the state> impressed on the bonds.
30-27 SECTION 38. Section 171.355(d), Tax Code, is amended to read
31-1 as follows:
31-2 (d) The failure of the secretary of state to mail a copy of
31-3 legal process to a corporation does not affect the validity of the
31-4 service of process. It is competent and sufficient proof of the
31-5 service of process that the secretary of state certifies under the
31-6 state <secretary's official> seal the receipt of the process.
31-7 SECTION 39. Article 8253, Revised Statutes, is amended to
31-8 read as follows:
31-9 Art. 8253. BRANCH PILOT LICENSE. All branch pilots
31-10 appointed under and in accordance with this law or the rules and
31-11 regulations of such navigation district shall enter into bond with
31-12 one or more good and sufficient sureties in the sum of five
31-13 thousand dollars, payable to the Governor, conditioned upon the
31-14 faithful performance on any employee which together with any other
31-15 insurance under commissioners of such district, and shall be
31-16 deposited in the office of the Secretary of State. Each pilot
31-17 shall also take the official oath, which shall be endorsed on said
31-18 bond. Upon the filing of said bond, and the taking of said oath,
31-19 the commissioners of such district shall certify to the Governor
31-20 that each branch pilot has duly qualified to act as such, and
31-21 thereupon the Governor shall issue to said branch pilot, in the
31-22 name and under the state seal <of the State>, a commission to serve
31-23 as branch pilot from such ports, across any intermediate bars, to
31-24 the open gulf; and said commission shall be for a term of four
31-25 years, unless such branch pilot shall be dismissed from service by
31-26 said navigation and canal commissioners, in which event such
31-27 commission shall expire.
32-1 SECTION 40. Section 4.06, Houston Pilots Licensing and
32-2 Regulatory Act (Article 8280a, Vernon's Texas Civil Statutes), is
32-3 amended to read as follows:
32-4 Sec. 4.06. ISSUANCE OF LICENSE. On filing of the bond and
32-5 oath provided by Section 4.09 of this Act, the board shall certify
32-6 to the governor that the branch pilot has duly qualified to act as
32-7 a branch pilot, and on receiving this certification, the governor
32-8 shall issue to the branch pilot, in the name and under the state
32-9 seal <of the state>, a commission to serve as a branch pilot from
32-10 the ports within the jurisdiction of the board, across intermediate
32-11 bars, to and from the open gulf.
32-12 SECTION 41. Section 4.06(a), Galveston County Pilots
32-13 Licensing and Regulatory Act (Article 8280b, Vernon's Texas Civil
32-14 Statutes), is amended to read as follows:
32-15 (a) On filing of the bond and oath provided by Section 4.09
32-16 of this Act, the board shall certify to the governor that the
32-17 branch pilot has duly qualified to act as a branch pilot, and on
32-18 receiving this certification, the governor shall issue to the
32-19 branch pilot, in the name and under the state seal <of the state>,
32-20 a commission to serve as a branch pilot from the ports within the
32-21 jurisdiction of the board, across intermediate bars, to and from
32-22 the open gulf.
32-23 SECTION 42. Section 4.06(a), Brazoria County Pilots
32-24 Licensing and Regulatory Act (Article 8280c, Vernon's Texas Civil
32-25 Statutes), is amended to read as follows:
32-26 (a) On filing of the bond and oath provided by Section 4.09
32-27 of this Act, the board shall certify to the governor that the
33-1 branch pilot has qualified to act as a branch pilot, and on
33-2 receiving this certification, the governor shall issue to the
33-3 branch pilot, in the name and under the state seal <of the state>,
33-4 a commission to serve as a branch pilot from the ports within the
33-5 jurisdiction of the board, across intermediate bars, to and from
33-6 the open gulf.
33-7 SECTION 43. The following laws are repealed:
33-8 (1) Articles 6139, 6140, 6141, and 6142, Revised
33-9 Statutes;
33-10 (2) Chapter 87, General Laws, Acts of the 43rd
33-11 Legislature, Regular Session, 1933 (Article 6142a, Vernon's Texas
33-12 Civil Statutes);
33-13 (3) Chapter 77, Acts of the 54th Legislature, Regular
33-14 Session, 1955 (Article 6142b, Vernon's Texas Civil Statutes); and
33-15 (4) Section 17.07, Business & Commerce Code.
33-16 SECTION 44. This Act applies only to a license issued under
33-17 Section 17.08, Business & Commerce Code, on or after the effective
33-18 date of this Act. A license issued before the effective date of
33-19 this Act is governed by the law in effect at the time the license
33-20 was issued, and that law is continued in effect for this purpose.
33-21 SECTION 45. The change in the designation of the Great Seal
33-22 of the State of Texas, the seal of the secretary of state, or any
33-23 other seal under this Act does not affect the validity of any
33-24 document signed or any other act performed under seal before the
33-25 effective date of this Act.
33-26 SECTION 46. The change in law made by Section 43 of this Act
33-27 does not apply to a civil action commenced before the effective
34-1 date of this Act. A civil action commenced before the effective
34-2 date of this Act is covered by the law in effect when the action
34-3 was commenced, and the former law is continued in effect for this
34-4 purpose.
34-5 SECTION 47. (a) The change in law made by Section 43 of
34-6 this Act does not apply to the prosecution of an offense committed
34-7 before the effective date of this Act. For purposes of this
34-8 section, an offense is committed before the effective date of this
34-9 Act if any element of the offense occurs before that date.
34-10 (b) An offense committed before the effective date of this
34-11 Act is covered by the law in effect when the offense was committed,
34-12 and the former law is continued in effect for this purpose.
34-13 SECTION 48. Each board, commission, department, institution,
34-14 office, or other agency of the state government, including an
34-15 institution of higher education as defined by Section 61.003,
34-16 Education Code, shall use the state flags, staffs, and finials and
34-17 any item bearing the Great Seal of Texas it has on the effective
34-18 date of this Act until those items are unserviceable.
34-19 SECTION 49. The importance of this legislation and the
34-20 crowded condition of the calendars in both houses create an
34-21 emergency and an imperative public necessity that the
34-22 constitutional rule requiring bills to be read on three several
34-23 days in each house be suspended, and this rule is hereby suspended.