Journal of the Senate of Texas being the Second Called Session of the Forty-Third Legislature Page: 87
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SENATE JOURNAL. 87
S. C. R. No. 16, Being for the
purpose of authorizing payment of
the premium on the official bond of
the United States Property and Dis-
bursing Officer for the State of Texas,
out of the appropriation made by the
Forty-third Legislature for contin-
gent expenses for the Adjutant Gen-
eral's Department, the premium on
said bond not to exceed $125.00.
Have had the same under con-
sideration, and I am instructed to
report it back to the Senate with the
recommendation that it do pass, and
be not printed.
HOLBROOK, Chairman.
Committee Room,
Austin, Texas, Feb. 12, 1934.
Hon. Edgar E. Witt, President of the
Senate.
Sir: We, your Committee on State
Affairs, to whom was referred
S. B. No. 3, A bill to be entitled
"An Act temporarily enlarging the
powers of the District Courts of this
State to grant continuances and
stays of execution in suits to fore-
close liens upon real property and to
grant restraining orders and tempo-
rary injunctions restraining sales of
real estate under deeds of trust and
other contracts and sales under exe-
cutions and orders of sale; etc., and
declaring an emergency."
Have had the same under con-
sideration, and I am instructed to
report it back to the Senate with the
recommendation that it do not pass,
but that the committee substitute,
hereto attached, do pass in lieu
thereof.
HOPKINS, Chairman.
C. S. S. B. No. 3.
A BILL
To Be Entitled
An Act temporarily enlarging the
powers of the District Courts of
this State to grant continuances
and stays of execution in suits to
foreclose liens upon real property
and to grant restraining orders
and temporary injunctions re-
straining sales of real estate un-
der deeds of trust and other con-
tracts and sales under executions
and orders of sale; specifying the
necessary allegations for motions
for continuance, applications for
stay orders; and petitions for in-
junction, and prescribing the con-
tents of orders granting such con-
tinuances, stay orders and injunc-.
tions; providing for payment of
rent on real property involved;prescribing the duration of stay
orders, continuances and injunc-
tions and for the renewal thereof
and the dissolution thereof; pre-
scribing that such motions and pe-
titions for such relief shall be ad-
dressed to the sound discretion of
the trial court and that the refusal
of such relief shall not be review-
able on appeal; providing for the
appointment of receivers for the
entry of judgments by agreement,
suspending statutes of limitation
as to real property for which relief
under this Act is invoked; making
the several provisions of the Acts
separate and distinct; extending
the act to guarantors, sureties and
indorsers where payment of debt
is postponed for partly primarily
liable; repealing all laws in con-
flict; and declaring an emergency.
Be it enacted by the Legislature of
the State of Texas':
Section 1. From the effective
date of this Act until January 1,
1935, the Judges of the several Dis-
trict Courts having civil jurisdiction
in this State, in addition to the
powers heretofore exercised, are
hereby authorized to grant contin-
uances and stays of execution in all
suits instituted for the purpose of
foreclosing liens upon real property
and to grant writs of injunction re-
straining the sale of real property
under powers created by Deeds of
Trust or other contracts and to re-
strain sales under executions and
orders of sale issued out of any court
in this State, when it shall be made
to appear by verified motion or peti-
tion or from evidence adduced upon
a trial on the merits or on exparte
or preliminary hearing as follows':
(a) That the defendant or the
relator is justly obligated to pay the
indebtedness declared upon or sought
to be collected but that he is finan-
cially unable to pay the same or any
part thereof.
(b) That a sale of the incumbered
property under deed of trust or un-
der process of the court or a sale of
the property seized under execution
would result in an unfair, unjust
and inequitable financial loss to the
defendant or relator; and would not
be unfair, unjust and inequitable to
the creditor taking into considera-
tion the financial condition of all
parties.
(c) That the value of the property87
SENATE JOURNAL.
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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/m1/93/?q=%22%22~1&rotate=270: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.