1-1 By: Van de Putte (Senate Sponsor - Madla) H.B. No. 1463
1-2 (In the Senate - Received from the House April 19, 1993;
1-3 April 19, 1993, read first time and referred to Committee on
1-4 International Relations, Trade, and Technology; April 28, 1993,
1-5 reported favorably by the following vote: Yeas 9, Nays 0;
1-6 April 28, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Truan x
1-10 Barrientos x
1-11 Bivins x
1-12 Brown x
1-13 Carriker x
1-14 Harris of Tarrant x
1-15 Lucio x
1-16 Rosson x
1-17 Wentworth x
1-18 A BILL TO BE ENTITLED
1-19 AN ACT
1-20 relating to the description and use of the state flag, the
1-21 governor's flag, the state arms, and the state seal and to the
1-22 adoption and rendition of the state song.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Title 106, Revised Statutes, is amended by adding
1-25 Article 6139a to read as follows:
1-26 Art. 6139a. DESCRIPTION OF THE STATE FLAG. (a) The state
1-27 flag is the 1839 national flag of the Republic of Texas.
1-28 (b) The state flag consists of a rectangle with a width to
1-29 length ratio of two to three containing:
1-30 (1) a blue vertical stripe one-third the entire length
1-31 of the flag wide, and two equal horizontal stripes, the upper
1-32 stripe white, the lower red, each two-thirds the entire length of
1-33 the flag long; and
1-34 (2) a white, regular five-pointed star in the center
1-35 of the blue stripe, oriented so that one point faces upward, and of
1-36 such a size that the diameter of a circle passing through the five
1-37 points of the star is equal to three-fourths the width of the blue
1-38 stripe.
1-39 (c) The red, white, and blue of the state flag stand,
1-40 respectively, for bravery, purity, and loyalty.
1-41 (d) The red and blue colors of the state flag are the same
1-42 colors used in the United States flag and are defined as numbers
1-43 80108 (red) and 80075 (dark blue) of The Standard Color Reference
1-44 of America, 10th edition.
1-45 (e) When displayed permanently mounted on a staff, as for
1-46 indoor or parade use, the state flag may be decorated with gold
1-47 fringe and its staff with gold cords and tassels.
1-48 (f) When the state flag is displayed on a staff, the staff
1-49 should be at least 2-1/2 times as long as the flag's hoist, and the
1-50 state flag should be attached to the staff's peak. The staff's
1-51 finial should be either a lone star or a spearhead.
1-52 (g) The governor may prescribe additional rules with respect
1-53 to the description of the state flag. The governor shall set forth
1-54 any alterations or additional rules in an executive order published
1-55 in the Texas Register.
1-56 SECTION 2. Title 106, Revised Statutes, is amended by adding
1-57 Article 6139b to read as follows:
1-58 Art. 6139b. PLEDGE OF ALLEGIANCE TO THE STATE FLAG.
1-59 (a) The pledge of allegiance to the state flag is, "Honor the
1-60 Texas flag; I pledge allegiance to thee, Texas, one and
1-61 indivisible."
1-62 (b) The pledge of allegiance to the state flag should be
1-63 rendered by all present except those in uniform by standing at
1-64 attention facing the flag with the right hand over the heart.
1-65 Individuals who are not in uniform and who are wearing a headdress
1-66 that is easily removeable should remove their headdress with their
1-67 right hand and hold it at the left shoulder, with the hand over the
1-68 heart. Individuals in uniform should remain silent, face the flag,
2-1 and render the military salute.
2-2 (c) The pledge of allegiance to the state flag may be
2-3 recited at all public and private meetings at which the pledge of
2-4 allegiance to the United States flag is recited and at state
2-5 historical events and celebrations.
2-6 (d) The pledge of allegiance to the state flag should be
2-7 recited after the pledge of allegiance to the United States flag if
2-8 both are recited.
2-9 SECTION 3. Title 106, Revised Statutes, is amended by adding
2-10 Article 6139c to read as follows:
2-11 Art. 6139c. TEXAS FLAG CODE
2-12 Sec. 1. This article may be cited as the Texas Flag Code.
2-13 Sec. 2. The rules set out by Section 3 of this article
2-14 govern the use of the state flag in this state.
2-15 Sec. 3. (a) The state flag normally should not be displayed
2-16 outdoors earlier than sunrise or later than sunset. However, when
2-17 a patriotic effect is desired, the state flag may be displayed 24
2-18 hours a day if properly illuminated during the hours of darkness or
2-19 may be displayed under the same circumstances as the United States
2-20 flag may be displayed.
2-21 (b) The state flag should be hoisted briskly and lowered
2-22 ceremoniously.
2-23 (c) The state flag should not be displayed on days when the
2-24 weather is inclement unless a weatherproof flag is displayed.
2-25 (d) The state flag should be displayed on all state holidays
2-26 and on special occasions of historical significance. Texas Flag
2-27 Day shall be celebrated on March 2, Texas Independence Day.
2-28 (e) The state flag should be displayed daily on or near the
2-29 main administration building of every state institution.
2-30 (f) The state flag, when carried in a procession with
2-31 another flag or flags except the United States flag, should be
2-32 either on the marching right, that is, the state flag's right, or,
2-33 if there is a line of other flags, in front of the center of that
2-34 line. When the state flag is carried in a procession in which the
2-35 United States flag is carried, the United States flag should be on
2-36 the marching right, that is, the United States flag's right, and
2-37 the state flag should be on the United States flag's left.
2-38 (g) The state flag should not be displayed on a float in a
2-39 parade except from a staff or as provided in Subsection (o) of this
2-40 section.
2-41 (h) The state flag should not be draped over the hood, top,
2-42 side, or back of any vehicle, railroad train, boat, or aircraft.
2-43 When the state flag is displayed on a motor vehicle, the staff
2-44 should be fixed firmly to the chassis or clamped to the right
2-45 fender. If the United States flag is also displayed, its staff
2-46 should be clamped to the right fender, and the state flag's staff
2-47 should be clamped to the left fender.
2-48 (i) No flag or pennant other than the United States flag
2-49 should be placed above or, if on the same level, to the state
2-50 flag's right, that is, the observer's left. When the state and
2-51 United States flags are displayed at the same time, they should be
2-52 flown on flagpoles of the same height, and the flags should be of
2-53 approximately equal size. The United States flag should be
2-54 displayed to the United States flag's right, that is, the
2-55 observer's left. However, when it is necessary for the state and
2-56 United States flags to be flown from the same flagpole, the state
2-57 flag should be displayed underneath the United States flag. When
2-58 the state flag is displayed on a separate flagpole from the United
2-59 States flag, the state flag should be hoisted after the United
2-60 States flag is hoisted and lowered before the United States flag is
2-61 lowered.
2-62 (j) When the state flag is displayed with another flag,
2-63 other than the United States flag, against a wall from crossed
2-64 staffs, the state flag should be on the state flag's right, that
2-65 is, the observer's left, and its staff should be in front of the
2-66 staff of the other flag. When the state and United States flags
2-67 are displayed against a wall from crossed staffs, the state flag
2-68 should be on the United States flag's left, that is, the observer's
2-69 right, and behind the staff of the United States flag.
2-70 (k) The state flag should be at the center and at the
3-1 highest point of a group when a number of flags or pennants of
3-2 municipalities, localities, organizations, or corporations are
3-3 grouped and displayed from staffs.
3-4 (l) When flags or pennants of municipalities, localities,
3-5 organizations, or corporations are flown on the same halyard with
3-6 the state flag, the latter should always be at the peak. When the
3-7 flags are flown from adjacent staffs, the state flag should be
3-8 hoisted first and lowered last. Those flags or pennants may not be
3-9 placed above the state flag or to the state flag's right, that is,
3-10 the observer's left.
3-11 (m) When the state flag is displayed with the flags of other
3-12 states of the United States, nations other than the United States,
3-13 and international organizations, the state flag should be displayed
3-14 on the state flag's right, that is, the observer's left, on a
3-15 separate flagpole or staff. This subsection does not apply to the
3-16 United States or any agency of the United States, including the
3-17 armed services, when federal law, custom, or practice dictates
3-18 otherwise. The state flag should not be displayed above the flags
3-19 of other states of the United States, nations, and international
3-20 organizations on the same flagpole, and the state flag should not
3-21 be displayed from a higher flagpole or staff.
3-22 (n) When the state flag is displayed from a staff projecting
3-23 horizontally or at an angle from a windowsill, balcony, or front of
3-24 a building, the top of the flag should be placed at the peak of the
3-25 staff unless the flag is at half-staff. When the state flag is
3-26 suspended over a sidewalk from a rope extending from a house to a
3-27 pole at the edge of the sidewalk, the flag should be hoisted out,
3-28 white stripe first, from the building.
3-29 (o) When the state flag is displayed horizontally, the white
3-30 stripe should be uppermost and to the state flag's left, that is,
3-31 to the observer's right. When displayed in a window, the state
3-32 flag should be displayed in the same way, with the blue stripe to
3-33 the left of an observer who is outside the window. When the state
3-34 flag is displayed vertically, the blue stripe should be uppermost
3-35 and the white stripe should be to the state flag's right, that is,
3-36 to the observer's left.
3-37 (p) When the state flag is displayed over the middle of a
3-38 street, it should be suspended vertically with the blue stripe
3-39 uppermost and the white stripe to the north in an east and west
3-40 street, or with the white stripe to the east in a north and south
3-41 street.
3-42 (q) When used on a speaker's platform, the state flag, if
3-43 displayed flat, should be displayed above and behind the speaker.
3-44 If both the state and United States flags are displayed on a
3-45 speaker's platform at the same time, the state flag should be on
3-46 the state flag's left, that is, the observer's right, while the
3-47 United States flag should be on the United States flag's right,
3-48 that is, the observer's left.
3-49 (r) The state flag should form a distinctive feature of the
3-50 ceremony of unveiling a statue or monument, but it should never be
3-51 used as the covering for the statue or monument.
3-52 (s) The state flag, when flown at half-staff, should be
3-53 first hoisted to the peak of the flagpole for an instant and then
3-54 lowered to the half-staff position. The state flag should be again
3-55 raised to the peak before it is lowered for the day. On Memorial
3-56 Day the state flag should be displayed at half-staff until noon
3-57 only, then raised to the peak of the flagpole. By order of the
3-58 governor, the state flag shall be flown at half-staff on the death
3-59 of an individual as a mark of respect to the individual's memory.
3-60 (t) When the state flag is used to cover a casket, it should
3-61 be so placed that the blue stripe is at the head and the white
3-62 stripe is over the left shoulder, that is, the observer's right.
3-63 The state flag should not be lowered into the grave or allowed to
3-64 touch the ground.
3-65 (u) When the state flag is suspended across a corridor or
3-66 lobby in a building with only one main entrance, it should be
3-67 suspended vertically with the white stripe of the flag to the
3-68 observer's left on entering. If the building has more than one
3-69 main entrance, the state flag should be suspended vertically near
3-70 the center of the corridor or lobby with the white stripe to the
4-1 north, when entrances are to the east and west, or to the east,
4-2 when entrances are to the north and south. If there are entrances
4-3 in more than two directions, the white stripe should be to the
4-4 east.
4-5 (v) The state flag should not be dipped to any person or
4-6 thing except as a mark of honor for the United States flag.
4-7 (w) When the state flag is displayed from a flagpole or
4-8 staff, the white stripe should always be at the top of the flag,
4-9 except as a signal of dire distress in instances of extreme danger
4-10 to life or property.
4-11 (x) The state flag should not touch anything beneath it,
4-12 such as the ground or the floor, and should not trail in water.
4-13 (y) The state flag should, when practicable, not be carried
4-14 flat or horizontally, but aloft and free.
4-15 (z) The state flag should not be used as bedding or drapery.
4-16 It should not be festooned, drawn back, or up, in folds, but always
4-17 allowed to fall free. Bunting of blue, white, and red, always
4-18 arranged with the blue above, the white in the middle, and the red
4-19 below, should be used instead of the state flag for covering a
4-20 speaker's desk, for draping the front of a platform, and for
4-21 decoration in general.
4-22 (aa) The state flag should not be fastened, displayed, used,
4-23 or stored in a manner that it can be easily torn, soiled, or
4-24 damaged in any way.
4-25 (bb) The state flag should not be used as a covering for a
4-26 ceiling.
4-27 (cc) The state flag should not have placed on any part of
4-28 it, or attached to it, any mark, insignia, letter, word, figure,
4-29 design, picture, or drawing of any nature.
4-30 (dd) The state flag should not be used as a receptacle for
4-31 receiving, holding, carrying, or delivering anything.
4-32 (ee) Advertisements should not be fastened to a staff or
4-33 halyard from which the state flag is flown.
4-34 (ff) The state flag, when it is in such a condition that it
4-35 is no longer a fitting emblem for display, should be destroyed in a
4-36 dignified way, preferably by burning.
4-37 (gg) During the ceremony of hoisting or lowering the state
4-38 flag or when the state flag is passing in a parade or in review,
4-39 all individuals present except those in uniform should face the
4-40 state flag and stand at attention with the right hand over the
4-41 heart. Those present in uniform should render the military salute.
4-42 When not in uniform, individuals who are wearing a headdress that
4-43 is easily removeable should remove their headdress with their right
4-44 hand and hold it at the left shoulder, with the hand over the
4-45 heart. Individuals who are not citizens of this state should stand
4-46 at attention. The salute to the state flag in a moving column
4-47 should be rendered at the moment the state flag passes.
4-48 Sec. 4. The governor may alter, modify, or repeal any rule
4-49 relating to the display of the state flag set forth in Section 3 or
4-50 may prescribe additional rules with respect to the display of the
4-51 state flag. The governor shall set forth any alterations or
4-52 additional rules in an executive order published in the Texas
4-53 Register.
4-54 Sec. 5. (a) A governmental subdivision or agency may not
4-55 enact or enforce a law that prohibits:
4-56 (1) the display of a municipal flag, the state flag,
4-57 the flag of another state of the United States, the United States
4-58 flag, or the flag of a nation other than the United States; or
4-59 (2) any conduct covered by this article.
4-60 (b) This section does not apply to an action by a
4-61 governmental subdivision or agency to enact or enforce a law
4-62 established to protect the public health and safety.
4-63 SECTION 4. Title 106, Revised Statutes, is amended by adding
4-64 Article 6139d to read as follows:
4-65 Art. 6139d. FLAG OF THE GOVERNOR. The governor may adopt a
4-66 flag for the governor's official use. The governor shall set forth
4-67 the description of the flag in an executive order published in the
4-68 Texas Register.
4-69 SECTION 5. Title 106, Revised Statutes, is amended by adding
4-70 Article 6139e to read as follows:
5-1 Art. 6139e. STATE SONG. (a) The state song is "Texas, Our
5-2 Texas" by William J. Marsh and Gladys Yoakum Wright:
5-3 Texas, our Texas! All hail the mighty State!
5-4 Texas, our Texas! So wonderful so great!
5-5 Boldest and grandest, Withstanding ev'ry test;
5-6 O Empire wide and glorious, You stand supremely blest.
5-7 Refrain
5-8 God bless you Texas! And keep you brave and strong,
5-9 That you may grow in power and worth, Thro'out the
5-10 ages long.
5-11 Texas, O Texas! Your freeborn single star,
5-12 Sends out its radiance to nations near and far.
5-13 Emblem of freedom! It sets our hearts aglow,
5-14 With thoughts of San Jacinto and glorious Alamo.
5-15 Refrain
5-16 Texas, dear Texas! From tyrant grip now free,
5-17 Shines forth in splendor your star of destiny!
5-18 Mother of heroes! We come your children true,
5-19 Proclaiming our allegiance, our faith, our love for you.
5-20 Refrain
5-21 (b) During the rendition of the state song when the state
5-22 flag is displayed, all individuals present except those in uniform
5-23 should stand at attention facing the state flag with the right hand
5-24 over the heart. Those present in uniform should render the
5-25 military salute at the first note of the state song and retain this
5-26 position until the last note. When not in uniform, individuals who
5-27 are wearing a headdress that is easily removeable should remove
5-28 their headdress with their right hand and hold it at the left
5-29 shoulder, with the hand over the heart. Individuals who are not
5-30 citizens of this state should stand at attention.
5-31 (c) When the state flag is not displayed, those present
5-32 should face toward the music and act in the same manner as they
5-33 would if the state flag were displayed there.
5-34 (d) The state song should be rendered after the national
5-35 anthem if both are rendered.
5-36 SECTION 6. Title 106, Revised Statutes, is amended by adding
5-37 Article 6139f to read as follows:
5-38 Art. 6139f. STATE SEAL; STATE ARMS. (a) The state seal is
5-39 as provided by Article IV, Section 19, of the Texas Constitution.
5-40 (b) The reverse of the state seal contains a shield,
5-41 displaying a depiction of the Alamo, the cannon of the Battle of
5-42 Gonzales, and Vince's Bridge. The shield is encircled by live oak
5-43 and olive branches, and the unfurled flags of the Kingdom of
5-44 France, the Kingdom of Spain, the United Mexican States, the
5-45 Republic of Texas, the Confederate States of America, and the
5-46 United States of America. Above the shield is emblazoned the
5-47 motto, "REMEMBER THE ALAMO," and beneath it are the words, "TEXAS
5-48 ONE AND INDIVISIBLE," with a white five-pointed star hanging over
5-49 the shield, centered between the flags.
5-50 (c) The state arms are a white star of five points, on an
5-51 azure ground, encircled by olive and live oak branches.
5-52 (d) The secretary of state, by rule, shall adopt standard
5-53 designs for the state seal, the reverse of the state seal, and the
5-54 state arms.
5-55 (e) A law that requires the use of the state seal does not
5-56 require the use of the state arms or the reverse of the state seal.
5-57 SECTION 7. Section 2.02, Education Code, is amended to read
5-58 as follows:
5-59 Sec. 2.02. THE FLYING OF THE STATE FLAG. On all regular
5-60 school days, every school and other educational institution covered
5-61 by this code shall fly the state <Texas> flag in accordance with
5-62 the Texas Flag Code, Article 6139c, Revised Statutes <general rules
5-63 governing its use>.
5-64 SECTION 8. Section 17.08, Business & Commerce Code, is
5-65 amended to read as follows:
5-66 Sec. 17.08. Private Use of State <Great> Seal <of Texas>.
5-67 (a) In this section:
5-68 (1) "Commercial purpose" means a purpose that is
5-69 intended to result in a profit or other tangible benefit but does
5-70 not include:
6-1 (A) <an> official use of the state seal or a
6-2 representation of the state seal in a state function;
6-3 (B) <or the> use of the state seal <Great Seal
6-4 of Texas> or a representation of the state seal <Great Seal of
6-5 Texas> for a political purpose by an elected official of this
6-6 state;
6-7 (C) use of the state seal or a representation of
6-8 the state seal in an encyclopedia, dictionary, book, journal,
6-9 pamphlet, periodical, magazine, or newspaper incident to a
6-10 description or history of seals, coats of arms, heraldry, or this
6-11 state;
6-12 (D) use of the state seal or a representation of
6-13 the state seal in a library, museum, or educational facility
6-14 incident to descriptions or exhibits relating to seals, coats of
6-15 arms, heraldry, or this state;
6-16 (E) use of the state seal or a representation of
6-17 the state seal in a theatrical, motion-picture, television, or
6-18 similar production for a historical, educational, or newsworthy
6-19 purpose; or
6-20 (F) use of the state seal or a representation of
6-21 the state seal for another historical, educational, or newsworthy
6-22 purpose if authorized in writing by the secretary of state.
6-23 (2) "Representation of the state seal <Great Seal of
6-24 Texas>" includes a nonexact representation that the secretary of
6-25 state determines is deceptively similar to the state seal. <Great
6-26 Seal of Texas;>
6-27 (3) "Official use" means the use of the state seal
6-28 <Great Seal of Texas> by an officer or employee of this state in
6-29 performing a state function.<;>
6-30 (4) "State function" means a state governmental
6-31 activity authorized or required by law.
6-32 (5) "State seal" means the state seal, the reverse of
6-33 the state seal, and the state arms as defined by Article 6139f,
6-34 Revised Statutes.
6-35 (b) Except as otherwise provided by this section, a person
6-36 may not use a representation of the state seal <Great Seal of
6-37 Texas>:
6-38 (1) to advertise or publicize tangible personal
6-39 property or a commercial undertaking; or
6-40 (2) for another commercial purpose.
6-41 (c) A person may use a representation of the state seal
6-42 <Great Seal of Texas> for a commercial purpose if the person
6-43 obtains a license from the secretary of state for that use. The
6-44 secretary of state, under the authority vested in the secretary as
6-45 custodian of the seal under Article IV, Section 19, of the Texas
6-46 Constitution, shall issue a license to a person who applies for a
6-47 license on a form provided by the secretary of state and who pays
6-48 the fees required under this section if the secretary of state
6-49 determines that the use is in the best interests of the state and
6-50 not detrimental to the image of the state. A license issued under
6-51 this section expires one year after the date of issuance and may be
6-52 renewed.
6-53 (d) The secretary of state shall adopt rules relating to the
6-54 use of the state seal <Great Seal of Texas> by a person licensed
6-55 under this section. The secretary of state shall adopt the rules
6-56 in the manner provided by the Administrative Procedure and Texas
6-57 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).
6-58 (e) The application fee for a license under this section is
6-59 $35. The license fee for an original or renewal license is $250.
6-60 In addition to those fees, each licensee shall pay an amount equal
6-61 to three percent of the licensee's annual gross receipts related to
6-62 the licensed use in excess of $5,000 to the state as a royalty fee.
6-63 (f) A person licensed under this section shall maintain
6-64 records relating to the licensee's use of the state seal <Great
6-65 Seal of Texas> in the manner required by the rules of the secretary
6-66 of state. The secretary of state may examine the records during
6-67 reasonable business hours to determine the licensee's compliance
6-68 with this section. Each licensee shall display the license in a
6-69 conspicuous manner in the licensee's office or place of business.
6-70 (g) The secretary of state may suspend or revoke a license
7-1 issued under this section for failure to comply with this section
7-2 or the rules adopted under this section. The secretary of state
7-3 may bring a civil action to enjoin a violation of this section or
7-4 the rules adopted under this section.
7-5 (h) A person who reproduces an official document bearing the
7-6 state seal <Great Seal of Texas> does not violate Subsection (b) of
7-7 this section if the document is:
7-8 (1) reproduced in complete form; and
7-9 (2) used for a purpose related to the purpose for
7-10 which the document was issued by the state.
7-11 (i) A person who violates a provision of Subsection (b) of
7-12 this section commits an offense. An offense under this section is
7-13 a Class C misdemeanor.
7-14 (j) A person who violates Subsection (b) of this section
7-15 commits a separate offense each day that the person violates a
7-16 provision of that subsection.
7-17 SECTION 9. Sections 9A(a) and (b), State Aircraft Pooling
7-18 Act (Article 4413(34b), Vernon's Texas Civil Statutes), are amended
7-19 to read as follows:
7-20 (a) Except as provided by Subsection (c) of this section,
7-21 all aircraft owned or leased by the state shall be marked:
7-22 (1) with the <Texas> state seal on each side of the
7-23 aircraft's vertical stabilizer; and
7-24 (2) with the words "The State of Texas" on each side
7-25 of the aircraft's fuselage.
7-26 (b) The board shall, consistent with federal regulations and
7-27 Article 6139f, Revised Statutes, and its subsequent amendments,
7-28 adopt rules governing the color, size, and location of marks of
7-29 identification required by this section.
7-30 SECTION 10. Section 30, The Securities Act (Article 581-30,
7-31 Vernon's Texas Civil Statutes), is amended to read as follows:
7-32 Sec. 30. Certified Copies of Papers Filed with Commissioner
7-33 as Evidence. Copies of all papers, instruments, or documents filed
7-34 in the office of the Commissioner, certified by the Commissioner,
7-35 shall be admitted to be read in evidence in all courts of law and
7-36 elsewhere in this state in all cases where the original would be
7-37 admitted in evidence; provided, that in any proceeding in the court
7-38 having jurisdiction, the court may, on cause shown, require the
7-39 production of the originals.
7-40 The Commissioner shall assume custody of all records of the
7-41 Securities Divisions within the offices of the Secretary of State
7-42 and of the Board of Insurance Commissioners, and henceforth these
7-43 prior records shall be proven under certificate of the
7-44 Commissioner.
7-45 In any prosecution, action, suit or proceeding before any of
7-46 the several courts of this state based upon or arising out of or
7-47 under the provisions of this Act, a certificate under the state
7-48 seal <of the state>, duly signed by the Commissioner, showing
7-49 compliance or non-compliance with the provisions of this Act
7-50 respecting compliance or non-compliance with the provisions of this
7-51 Act by any dealer or salesman, shall constitute prima facie
7-52 evidence of such compliance or of such non-compliance with the
7-53 provisions of this Act, as the case may be, and shall be admissible
7-54 in evidence in any action at law or in equity to enforce the
7-55 provisions of this Act.
7-56 SECTION 11. Section 3, Texas Uniform Facsimile Signature of
7-57 Public Officials Act (Article 717j-1, Vernon's Texas Civil
7-58 Statutes), is amended to read as follows:
7-59 Sec. 3. Facsimile Seal. When the state seal <of this
7-60 state>, the seal of any of the state's <its> political
7-61 subdivisions, or the seal of any department, agency, or other
7-62 instrumentality of this state or its political subdivisions is
7-63 required in the execution, authentication, certification, or
7-64 endorsement of a public security, eligible contract, instrument of
7-65 payment or certificate of assessment, the authorized officer may
7-66 cause the seal to be printed, engraved, lithographed, stamped, or
7-67 otherwise placed in facsimile thereon. The facsimile seal has the
7-68 same legal effect as the impression of the seal.
7-69 SECTION 12. Section 4.058, Public Facility Corporation Act
7-70 (Article 717s, Revised Statutes), is amended to read as follows:
8-1 Sec. 4.058. Documents as prima facie evidence. The
8-2 following documents shall be received by a court, public office, or
8-3 official body as prima facie evidence of the facts, or the
8-4 existence or nonexistence of the facts, stated in the document:
8-5 (1) a certificate issued by the secretary of state
8-6 under this article;
8-7 (2) a copy, certified by the secretary of state, of a
8-8 document filed in the office of the secretary of state under this
8-9 article; and
8-10 (3) a certificate of the secretary of state under the
8-11 state seal <Great Seal of Texas> as to the existence or
8-12 nonexistence of a fact relating to a corporation that would not
8-13 appear from a document or certificate under Subdivision (1) or (2)
8-14 of this section.
8-15 SECTION 13. Section 9.06, Texas Non-Profit Corporation Act
8-16 (Article 1396-9.06, Vernon's Texas Civil Statutes), is amended to
8-17 read as follows:
8-18 Sec. 9.06. Certificates and Certified Copies to be Received
8-19 in Evidence. A. All certificates issued by the Secretary of State
8-20 in accordance with the provisions of this Act, and all copies of
8-21 documents filed in his office, in accordance with the provisions of
8-22 this Act when certified by him, shall be taken and received in all
8-23 courts, public offices, and official bodies as prima facie evidence
8-24 of the facts therein stated and may be officially recorded. A
8-25 certificate by the Secretary of State under the state <great> seal
8-26 <of this State>, as to the existence or non-existence of the facts
8-27 relating to corporations which would not appear from a certified
8-28 copy of any of the foregoing documents or certificates shall be
8-29 taken and received in all courts, public offices, and official
8-30 bodies as prima facie evidence of the existence or non-existence of
8-31 the facts therein stated.
8-32 SECTION 14. Section 8, Electric Cooperative Corporation Act
8-33 (Article 1528b, Vernon's Texas Civil Statutes), is amended to read
8-34 as follows:
8-35 Sec. 8. Execution, Filing, and Recording of Articles of
8-36 Incorporation. When the incorporators of any corporation shall
8-37 furnish satisfactory evidence to the Secretary of State of a
8-38 compliance with the provisions of this Act, said officer shall
8-39 receive, file, and record the articles of incorporation of such
8-40 corporation in his office, upon application and payment of all fees
8-41 therefor, and give a certificate showing the recording of such
8-42 articles and authority to do business thereunder. The articles
8-43 shall thereupon be filed in the office of the Secretary of State,
8-44 who shall record same at length in a book to be kept for that
8-45 purpose, and retain the original on file in his office. A copy of
8-46 the articles, or of the record thereof, certified under the state
8-47 seal <Great Seal of the State>, shall be evidence of the creation
8-48 of the corporation. The existence of the corporation shall date
8-49 from the filing of the articles in the office of the Secretary of
8-50 State. The certificate of the Secretary of State shall be evidence
8-51 of such filing.
8-52 SECTION 15. Section 7, Telephone Cooperative Act (Article
8-53 1528c, Vernon's Texas Civil Statutes), is amended to read as
8-54 follows:
8-55 Sec. 7. Execution, Filing, and Recording of Articles of
8-56 Incorporation. When the incorporators of any corporation shall
8-57 furnish satisfactory evidence to the Secretary of State of a
8-58 compliance with the provisions of this Act, said officer shall
8-59 receive, file, and record the articles of incorporation of such
8-60 corporation in his office, upon application and payment of all fees
8-61 therefor, and give a certificate showing the recording of such
8-62 articles and authority to do business thereunder. The articles
8-63 shall thereupon be filed in the office of the Secretary of State,
8-64 who shall record same at length in a book to be kept for that
8-65 purpose, and retain the original on file in his office. A copy of
8-66 the articles, or of the record thereof, certified under the state
8-67 seal <Great Seal of the State>, shall be evidence of the creation
8-68 of the corporation. The existence of the corporation shall date
8-69 from the filing of the articles in the office of the Secretary of
8-70 State. The certificate of the Secretary of State shall be evidence
9-1 of such filing.
9-2 SECTION 16. Section 1, Chapter 65, Acts of the 43rd
9-3 Legislature, 2nd Called Session, 1934 (Article 2606a, Vernon's
9-4 Texas Civil Statutes), is amended to read as follows:
9-5 Sec. 1. The Governor of the State of Texas is hereby
9-6 authorized to have printed manuscript bonds of the State of Texas
9-7 in convenient denominations to be determined by him for the purpose
9-8 of refunding the principal of the bonds hereinafter mentioned.
9-9 Said bonds shall be designated "State of Texas Refunding Bonds,
9-10 Issue of 1934." Said bonds shall be numbered and dated as
9-11 hereinafter indicated and shall bear the rate of interest
9-12 hereinafter fixed, and shall become due and payable on the dates
9-13 hereinafter shown. Interest paying dates on the various bonds
9-14 authorized herein shall be fixed as hereinafter indicated. The
9-15 form of such bonds shall be prepared by the Attorney General. Each
9-16 of them shall be signed by the Governor and the Treasurer of the
9-17 State of Texas and countersigned and registered by the Comptroller,
9-18 and shall have the state seal <of Texas> affixed thereto.
9-19 SECTION 17. Article 4012, Revised Statutes, is amended to
9-20 read as follows:
9-21 Art. 4012. Evidence of authority. Any veteran of any of the
9-22 wars mentioned in this title, their wives, widows or members of
9-23 their families, and any minister of religion, or any fireman,
9-24 sister of charity or member of any religious society of like
9-25 character, who desires to receive the benefits of free or reduced
9-26 transportation as mentioned in this title shall present to the
9-27 president, manager, officer, or person authorized to issue such
9-28 transportation satisfactory evidence that he or she is entitled
9-29 thereto, as herein provided. The officers entitled to the benefits
9-30 of this law shall, when presenting themselves to the agent of any
9-31 such railway or interurban railway company for the purchase of a
9-32 ticket or to pay his fare, exhibit to such agent in case of the
9-33 Adjutant General and State Rangers a certificate of the Secretary
9-34 of State under the state seal, in case of sheriffs and constables
9-35 and their deputies a certificate under seal of the county judge of
9-36 the county where they hold office and in case of officers of a city
9-37 or town a certificate under seal of the mayor of such city or town
9-38 stating that such person is entitled to the reduced fare herein
9-39 provided for. Sheriffs and constables shall designate in writing
9-40 the two deputies entitled to the reduced rates herein provided for.
9-41 If the sheriff or constable has designated two deputies who are
9-42 entitled to such reduced rates, then no deputy of such sheriff or
9-43 constable shall be entitled to free transportation under the
9-44 provisions of the pass laws of this State.
9-45 SECTION 18. Section 5, Chapter 94, Acts of the 51st
9-46 Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas
9-47 Civil Statutes), is amended to read as follows:
9-48 Sec. 5. The Board shall preserve a record of its proceedings
9-49 in a book kept for that purpose, showing name, age, place, and
9-50 duration of residence of each applicant, the time spent in the
9-51 study of chiropractic in respective chiropractic schools, together
9-52 with such other information as the Board may desire to record.
9-53 Said register shall also show whether applicants were rejected or
9-54 licensed and shall be prima-facie evidence of all matters contained
9-55 therein. The secretary of the Board shall on May 1st of each year
9-56 transmit an official copy of said register to the Secretary of
9-57 State for permanent record, a certified copy of which, with hand
9-58 and seal of the secretary of said Board or the hand of the
9-59 Secretary of State under the state seal, shall be admitted in
9-60 evidence in all courts.
9-61 SECTION 19. Subdivision (2), Subsection E, Section 2,
9-62 Chapter 251, Acts of the 53rd Legislature, Regular Session, 1953
9-63 (Article 4582b, Vernon's Texas Civil Statutes), is amended to read
9-64 as follows:
9-65 (2) The commission shall file annually with the
9-66 Governor a list of the names of all duly licensed funeral
9-67 directors, embalmers, and funeral establishments. A copy shall be
9-68 filed with the Secretary of State for permanent record, a certified
9-69 copy of which, under the hand <and seal> of the Secretary of State
9-70 and the state seal, shall be admissible as evidence in all courts.
10-1 SECTION 20. Section 5, Chapter 104, Acts of the 48th
10-2 Legislature, Regular Session, 1943 (Article 5154a, Vernon's Texas
10-3 Civil Statutes), is amended to read as follows:
10-4 Sec. 5. Organizers. All labor union organizers operating in
10-5 the State of Texas shall be required to file with the Secretary of
10-6 State, before soliciting any members for his organization, a
10-7 written request by United States mail, or shall apply in person for
10-8 an organizer's card, stating (a) his name in full; (b) his labor
10-9 union affiliations, if any; (c) describing his credentials and
10-10 attaching thereto a copy thereof, which application shall be signed
10-11 by him. Upon such applications being filed, the Secretary of State
10-12 shall issue to the applicant a card on which shall appear the
10-13 following: (1) the applicant's name; (2) his union affiliation;
10-14 (3) a space for his personal signature; (4) a designation, "labor
10-15 organizer"; and, (5) the signature of the Secretary of State, dated
10-16 and attested by the state <his> seal <of office>. Such organizer
10-17 shall at all times, when soliciting members, carry such card, and
10-18 shall exhibit the same when requested to do so by a person being so
10-19 solicited for membership.
10-20 SECTION 21. Section 7(a), Chapter 111, Acts of the 61st
10-21 Legislature, Regular Session, 1969 (Article 6144h, Vernon's Texas
10-22 Civil Statutes), is amended to read as follows:
10-23 (a) The decoration shall display the state seal <Great Seal
10-24 of the State of Texas> with the words "Distinguished Service Medal"
10-25 engraved in a circle thereon, and shall be suspended from a bar of
10-26 red, white, and blue.
10-27 SECTION 22. Article 6265, Revised Statutes, is amended to
10-28 read as follows:
10-29 Art. 6265. Beginning of existence. The existence of such
10-30 corporation shall date from the filing of the articles of
10-31 incorporation in the office of the Secretary of State, and the
10-32 certificate of the Secretary of State under the state seal <of the
10-33 State>, shall be evidence of such filing.
10-34 SECTION 23. Article 6528, Revised Statutes, is amended to
10-35 read as follows:
10-36 Art. 6528. Registering bonds. When such bonds shall be
10-37 presented to the Secretary of State with said direction to
10-38 register, he shall register said bonds by entering a description
10-39 thereof in a book to be kept for that purpose, which shall show the
10-40 date, number, amount, when due, the rate of interest on each bond,
10-41 and also the date when the same is registered. The Secretary of
10-42 State shall indorse on each bond, under the state seal <of his
10-43 office> and his official signature, together with the date thereof,
10-44 as follows: "This bond is registered under the direction of the
10-45 Railroad Commission of Texas." Provided, however, that at the
10-46 direction of the Secretary of State the state <his said> seal may
10-47 be a facsimile seal in lieu of the <his> manually impressed state
10-48 seal and his said signature may be his facsimile signature in lieu
10-49 of his manual signature. No bond or other evidence of debt,
10-50 hereafter issued by or under the authority of any person, firm,
10-51 corporation, court, or railroad company, whereby a lien is created
10-52 on its franchise or property situated in this State, shall be valid
10-53 or have any force until the same has been registered as required
10-54 herein.
10-55 SECTION 24. Section 201.048(d), Agriculture Code, is amended
10-56 to read as follows:
10-57 (d) The secretary of state shall make and issue to the
10-58 directors a certificate, under the state seal <of this state>, of
10-59 the due organization of the conservation district. The secretary
10-60 shall record the certificate with the application and statement.
10-61 SECTION 25. Article 9.05, Texas Business Corporation Act, is
10-62 amended to read as follows:
10-63 Art. 9.05. Certificates and Certified Copies to be Received
10-64 in Evidence. A. All certificates issued by the Secretary of State
10-65 in accordance with the provisions of this Act, and all copies of
10-66 documents filed in his office in accordance with the provisions of
10-67 this Act, when certified by him, shall be taken and received in all
10-68 courts, public offices, and official bodies as prima facie evidence
10-69 of the facts therein stated, and shall be subject to recordation.
10-70 A certificate by the Secretary of State, under the state <great>
11-1 seal <of this State>, as to the existence or non-existence of the
11-2 facts relating to corporations which would not appear from a
11-3 certified copy of any of the foregoing documents or certificates
11-4 shall be taken and received in all courts, public offices, and
11-5 official bodies as prima facie evidence of the existence or
11-6 non-existence of the facts therein stated.
11-7 SECTION 26. Article 48.03, Code of Criminal Procedure, is
11-8 amended to read as follows:
11-9 Art. 48.03. Governor's acts under seal. All remissions of
11-10 fines and forfeitures, and all reprieves, commutations of
11-11 punishment and pardons, shall be signed by the Governor, and
11-12 certified by the Secretary of State, under the state <great> seal
11-13 <of State>, and shall be forthwith obeyed by any officer to whom
11-14 the same may be presented.
11-15 SECTION 27. Section 22, Article 51.13, Code of Criminal
11-16 Procedure, is amended to read as follows:
11-17 Sec. 22. FUGITIVES FROM THIS STATE; DUTY OF GOVERNOR.
11-18 Whenever the Governor of this State shall demand a person charged
11-19 with crime or with escaping from confinement or breaking the terms
11-20 of his bail, probation or parole in this State, from the Executive
11-21 Authority of any other State, or from the Chief Justice or an
11-22 Associate Justice of the Supreme Court of the District of Columbia
11-23 authorized to receive such demand under the laws of the United
11-24 States, he shall issue a warrant under the state seal <of this
11-25 State>, to some agent, commanding him to receive the person so
11-26 charged if delivered to him and convey him to the proper officer of
11-27 the county in this State in which the offense was committed, or in
11-28 which the prosecution for such offense is then pending.
11-29 SECTION 28. Section 52.11(h), Education Code, is amended to
11-30 read as follows:
11-31 (h) The bonds shall be executed on behalf of the
11-32 coordinating board, or its successor, as general obligations of the
11-33 State of Texas in the following manner: They shall be signed by
11-34 the chairman or vice chairman and the secretary of the board, and
11-35 the seal of the board shall be impressed on them. They shall be
11-36 signed by the governor and attested by the secretary of state and
11-37 the state seal <of the state> impressed on them. The resolution
11-38 authorizing the issuance of any installment or series of bonds may
11-39 prescribe the extent to which facsimile signatures and facsimile
11-40 seals may be used in executing the bonds and appurtenant coupons.
11-41 Interest coupons may be signed with the facsimile signatures of the
11-42 chairman or vice chairman and the secretary of the board. In the
11-43 event any officer whose manual or facsimile signature appears on
11-44 any bond or coupon ceases to hold that office before the delivery
11-45 of the bond or coupon, the signature will nevertheless be valid and
11-46 sufficient for all purposes as if he had remained in office until
11-47 the delivery had been made.
11-48 SECTION 29. Section 88.204, Education Code, is amended to
11-49 read as follows:
11-50 Sec. 88.204. SALE OF STATIONS. If property used in the
11-51 operation of a station is sold, the title to the property shall not
11-52 pass from this state until a deed of conveyance is made to the
11-53 purchaser, duly signed by the governor and attested by the
11-54 secretary of state under the state <his official> seal. All funds
11-55 received from the sale of station lands or property shall be
11-56 deposited in the state treasury and shall be paid out in accordance
11-57 with the provisions of this subchapter.
11-58 SECTION 30. Section 255.006(c), Election Code, is amended to
11-59 read as follows:
11-60 (c) A person other than an officeholder commits an offense
11-61 if the person knowingly uses a representation of the state seal
11-62 <Great Seal of Texas> in political advertising.
11-63 SECTION 31. Section 441.059(a), Government Code, is amended
11-64 to read as follows:
11-65 (a) The records preservation officer shall prescribe the
11-66 place and manner of safekeeping of essential records or
11-67 preservation duplicates and shall establish storage facilities for
11-68 the records and duplicates. At least one copy of each essential
11-69 record and a duplicate state seal <of the state> shall be stored in
11-70 the safest possible location in facilities constructed to withstand
12-1 blast, fire, water, and other destructive forces. The facilities
12-2 must be in a place other than the legally designated or customary
12-3 storage location for the records or duplicates. The records
12-4 preservation officer shall properly maintain essential records and
12-5 preservation duplicates that the records preservation officer
12-6 stores.
12-7 SECTION 32. Section 465.025(d), Government Code, is amended
12-8 to read as follows:
12-9 (d) The bonds may be issued in the form and denominations
12-10 and executed in the manner and under the terms, conditions, and
12-11 details determined by the commission or a financing corporation, as
12-12 applicable, in the resolution authorizing their issuance. The
12-13 bonds issued by the commission must be signed on behalf of the
12-14 state by the governor, have the state seal <of the state> impressed
12-15 on them, and be attested by the secretary of state. If any officer
12-16 whose manual or facsimile signature appears on the bonds ceases to
12-17 be an officer, the signature is still valid and sufficient for all
12-18 purposes as if the officer had remained in office.
12-19 SECTION 33. Section 221.104, Health and Safety Code, is
12-20 amended to read as follows:
12-21 Sec. 221.104. DOCUMENTS AS PRIMA FACIE EVIDENCE. The
12-22 following documents shall be received by a court, public office, or
12-23 official body as prima facie evidence of the facts, or the
12-24 existence or nonexistence of the facts, stated in the document:
12-25 (1) a certificate issued by the secretary of state
12-26 under this chapter;
12-27 (2) a copy, certified by the secretary of state, of a
12-28 document filed in the office of the secretary of state under this
12-29 chapter; and
12-30 (3) a certificate of the secretary of state under the
12-31 state seal <Great Seal of Texas> as to the existence or
12-32 nonexistence of a fact relating to a development corporation that
12-33 would not appear from a document or certificate under Subdivision
12-34 (1) or (2).
12-35 SECTION 34. Section 345.063(b), Health and Safety Code, is
12-36 amended to read as follows:
12-37 (b) The stamps must contain:
12-38 (1) a replica of the state seal <Great Seal of Texas>;
12-39 (2) the registry number, the serial numbers, or both;
12-40 and
12-41 (3) any other information as determined by the
12-42 department.
12-43 SECTION 35. Section 51.243(a), Natural Resources Code, is
12-44 amended to read as follows:
12-45 (a) Each patent for land from the state shall be issued in
12-46 the name and by authority of the state under the state seal <of the
12-47 state> and the land office seal and shall be signed by the governor
12-48 and countersigned by the commissioner.
12-49 SECTION 36. Section 161.116(b), Natural Resources Code, is
12-50 amended to read as follows:
12-51 (b) The bonds shall be signed by the chairman and the
12-52 secretary of the board and the seal of the board shall be impressed
12-53 on the bonds. In addition, the bonds shall be signed by the
12-54 governor and attested by the Secretary of State with the state seal
12-55 <of the state> impressed on the bonds.
12-56 SECTION 37. Section 162.036(b), Natural Resources Code, is
12-57 amended to read as follows:
12-58 (b) The bonds shall be signed by the chairman and the
12-59 secretary of the board and the seal of the board shall be impressed
12-60 on the bonds. In addition, the bonds shall be signed by the
12-61 governor and attested by the secretary of state with the state seal
12-62 <of the state> impressed on the bonds.
12-63 SECTION 38. Section 171.355(d), Tax Code, is amended to read
12-64 as follows:
12-65 (d) The failure of the secretary of state to mail a copy of
12-66 legal process to a corporation does not affect the validity of the
12-67 service of process. It is competent and sufficient proof of the
12-68 service of process that the secretary of state certifies under the
12-69 state <secretary's official> seal the receipt of the process.
12-70 SECTION 39. Article 8253, Revised Statutes, is amended to
13-1 read as follows:
13-2 Art. 8253. BRANCH PILOT LICENSE. All branch pilots
13-3 appointed under and in accordance with this law or the rules and
13-4 regulations of such navigation district shall enter into bond with
13-5 one or more good and sufficient sureties in the sum of five
13-6 thousand dollars, payable to the Governor, conditioned upon the
13-7 faithful performance on any employee which together with any other
13-8 insurance under commissioners of such district, and shall be
13-9 deposited in the office of the Secretary of State. Each pilot
13-10 shall also take the official oath, which shall be endorsed on said
13-11 bond. Upon the filing of said bond, and the taking of said oath,
13-12 the commissioners of such district shall certify to the Governor
13-13 that each branch pilot has duly qualified to act as such, and
13-14 thereupon the Governor shall issue to said branch pilot, in the
13-15 name and under the state seal <of the State>, a commission to serve
13-16 as branch pilot from such ports, across any intermediate bars, to
13-17 the open gulf; and said commission shall be for a term of four
13-18 years, unless such branch pilot shall be dismissed from service by
13-19 said navigation and canal commissioners, in which event such
13-20 commission shall expire.
13-21 SECTION 40. Section 4.06, Houston Pilots Licensing and
13-22 Regulatory Act (Article 8280a, Vernon's Texas Civil Statutes), is
13-23 amended to read as follows:
13-24 Sec. 4.06. ISSUANCE OF LICENSE. On filing of the bond and
13-25 oath provided by Section 4.09 of this Act, the board shall certify
13-26 to the governor that the branch pilot has duly qualified to act as
13-27 a branch pilot, and on receiving this certification, the governor
13-28 shall issue to the branch pilot, in the name and under the state
13-29 seal <of the state>, a commission to serve as a branch pilot from
13-30 the ports within the jurisdiction of the board, across intermediate
13-31 bars, to and from the open gulf.
13-32 SECTION 41. Section 4.06(a), Galveston County Pilots
13-33 Licensing and Regulatory Act (Article 8280b, Vernon's Texas Civil
13-34 Statutes), is amended to read as follows:
13-35 (a) On filing of the bond and oath provided by Section 4.09
13-36 of this Act, the board shall certify to the governor that the
13-37 branch pilot has duly qualified to act as a branch pilot, and on
13-38 receiving this certification, the governor shall issue to the
13-39 branch pilot, in the name and under the state seal <of the state>,
13-40 a commission to serve as a branch pilot from the ports within the
13-41 jurisdiction of the board, across intermediate bars, to and from
13-42 the open gulf.
13-43 SECTION 42. Section 4.06(a), Brazoria County Pilots
13-44 Licensing and Regulatory Act (Article 8280c, Vernon's Texas Civil
13-45 Statutes), is amended to read as follows:
13-46 (a) On filing of the bond and oath provided by Section 4.09
13-47 of this Act, the board shall certify to the governor that the
13-48 branch pilot has qualified to act as a branch pilot, and on
13-49 receiving this certification, the governor shall issue to the
13-50 branch pilot, in the name and under the state seal <of the state>,
13-51 a commission to serve as a branch pilot from the ports within the
13-52 jurisdiction of the board, across intermediate bars, to and from
13-53 the open gulf.
13-54 SECTION 43. The following laws are repealed:
13-55 (1) Articles 6139, 6140, 6141, and 6142, Revised
13-56 Statutes;
13-57 (2) Chapter 87, General Laws, Acts of the 43rd
13-58 Legislature, Regular Session, 1933 (Article 6142a, Vernon's Texas
13-59 Civil Statutes);
13-60 (3) Chapter 77, Acts of the 54th Legislature, Regular
13-61 Session, 1955 (Article 6142b, Vernon's Texas Civil Statutes);
13-62 (4) Section 11.05, State Purchasing and General
13-63 Services Act (Article 601b, Vernon's Texas Civil Statutes); and
13-64 (5) Section 17.07, Business & Commerce Code.
13-65 SECTION 44. This Act applies only to a license issued under
13-66 Section 17.08, Business & Commerce Code, on or after the effective
13-67 date of this Act. A license issued before the effective date of
13-68 this Act is governed by the law in effect at the time the license
13-69 was issued, and that law is continued in effect for this purpose.
13-70 SECTION 45. The change in the designation of the Great Seal
14-1 of the State of Texas, the seal of the secretary of state, or any
14-2 other seal under this Act does not affect the validity of any
14-3 document signed or any other act performed under seal before the
14-4 effective date of this Act.
14-5 SECTION 46. The change in law made by Section 43 of this Act
14-6 does not apply to a civil action commenced before the effective
14-7 date of this Act. A civil action commenced before the effective
14-8 date of this Act is covered by the law in effect when the action
14-9 was commenced, and the former law is continued in effect for this
14-10 purpose.
14-11 SECTION 47. The repeal of Section 11.05, State Purchasing
14-12 and General Services Act (Article 601b, Vernon's Texas Civil
14-13 Statutes), does not affect the validity of a contract entered into
14-14 under that section before the effective date of this Act.
14-15 SECTION 48. (a) The change in law made by Section 43 of
14-16 this Act does not apply to the prosecution of an offense committed
14-17 before the effective date of this Act. For purposes of this
14-18 section, an offense is committed before the effective date of this
14-19 Act if any element of the offense occurs before that date.
14-20 (b) An offense committed before the effective date of this
14-21 Act is covered by the law in effect when the offense was committed,
14-22 and the former law is continued in effect for this purpose.
14-23 SECTION 49. Each board, commission, department, institution,
14-24 office, or other agency of the state government, including an
14-25 institution of higher education as defined by Section 61.003,
14-26 Education Code, shall use the state flags, staffs, and finials and
14-27 any item bearing the Great Seal of Texas it has on the effective
14-28 date of this Act until those items are unserviceable.
14-29 SECTION 50. The importance of this legislation and the
14-30 crowded condition of the calendars in both houses create an
14-31 emergency and an imperative public necessity that the
14-32 constitutional rule requiring bills to be read on three several
14-33 days in each house be suspended, and this rule is hereby suspended.
14-34 * * * * *
14-35 Austin,
14-36 Texas
14-37 April 28, 1993
14-38 Hon. Bob Bullock
14-39 President of the Senate
14-40 Sir:
14-41 We, your Committee on International Relations, Trade, and
14-42 Technology to which was referred H.B. No. 1463, have had the same
14-43 under consideration, and I am instructed to report it back to the
14-44 Senate with the recommendation that it do pass and be printed.
14-45 Truan,
14-46 Chairman
14-47 * * * * *
14-48 WITNESSES
14-49 FOR AGAINST ON
14-50 ___________________________________________________________________
14-51 Name: Mr. Charles A. Spain Jr. x
14-52 Representing: Self
14-53 City: Austin
14-54 -------------------------------------------------------------------