Journal of the Senate of Texas being the Second Called Session of the Forty-Third Legislature Page: 96
This legislative document is part of the collection entitled: Texas Senate Journals and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
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SENATE JOURNAL.
B. No. 31 was re-referred from the
Committee on State Affairs to the
Committee on Finance.
Bill and Resolutions Signed.
The Chair, Lieutenant Governor
Edgar E. Witt, gave notice of sign-
ing, and did sign in the presence of
the Senate, after their captions had
been read, the following bill and res-
olutions:
S. B. No. 7. H. C. R. No. 26.
S. C. R. No. 16.
Senate Bill No. 3.
The Chair laid before the Senate
S. B. No. 3, same having been set
for special order on yesterday:
S. B. No. 3, A bill to be entitled
"An Act relating to the granting of
relief in certain cases during the
emergency declared to exist, from
inequitable sales under deeds of
trust and inequitable foreclosures of
vendor's lien and execution sales of
real estate and providing for the
postponement of certain sales, and
providing for the temporary creation
of a period of redemption of real
estate following the forced sale
thereof, and providing for the juris-
diction and procedure of such relief
and for the right to possession dur-
ing such redemption period, and
limiting the right to maintain ac-
tions for deficiency judgments; and
providing further for amending
House Bill Number 231, Chapter
102, page 225, General Laws passed
at the Regular Session of the Forty-
third Legislature, State of Texas;
and providing means and methods
whereby suits and causes of actions
involving judgments for the recov-
ery of real property or the foreclos-
ure of liens against real property,
and which are pending on the effec-
tive date hereof or which may be
filed prior to January 1, 1936, or as
otherwise provided herein may be
postponed or continued and orders
of sales and executions may be
stayed by complying with the condi-
tions as provided in this Act, au-
thorizing temporary injunctions to
stay sales under execution, orders of
sales or deeds of trust; providing
for extensions under certain condi-
tions; permitting appeals without re-
quiring supersedeas bonds and set-
ting forth the conditions to be com-
plied with and the duties of thejudge and of the court in respect
thereto, limiting the time this Act
shall be effective and suspending
laws in conflict herewith, but not re-
pealing any laws; fixing a State pol-
'icy, containing a saving clause; ex-
tending the time within which re-
lief may be granted under the terms
of said House Bill No. 231, and fix-
ing venue for suits, the object of
which suits are to foreclose liens
upon real estate, and declaring an
emergency."
Points of Order.
Senator Rawlings presiding.
Senator Holbrook raised the point
of order that Senate Rule 31-a had
not been complied with in that print.
ed copies of the bill had not been
placed on the desks of the Senators
for 24 hours before time set for con-
sideration of the bill.
The Chair overruled the point of
order, stating that the point of order
comes too late by reason of the fact
that the action of the Senate on yes-
terday, setting the bill for special
order today, and knowing that the
bill had not been printed at that time,
was tantamount to a waiver of the
necessity for having the printed bill
on the desks for 24 hours before
consideration.
Senator Woodul raised the point
of order that the motion setting the
bill for special order did not receive
a two-thirds vote, nor did it receive a
unanimous vote, according to the
record, therefore Rule 31-a was not
suspended by such motion.
The Chair overruled the point of
order.
Senator Woodul appeald from the
ruling of the Chair on the point of
order.
The question whether or not the
Chair be sustained in his ruling was
put to the Senate and the Senate
refused to sustain the ruling of the
Chair by the following vote:Collie.
Cousins.
Martin.
Moore.
Murphy.
Oneal.
Blackert.Yeas-11.
Purl.
Regan.
Sanderford.
Small.
Stone.
Nays -13.
Greer.96
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Texas. Legislature. Senate. Journal of the Senate of Texas being the Second Called Session of the Forty-Third Legislature, legislative document, 1934; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth307712/m1/102/?q=%22%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.