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
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