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.