VERNON'S TEXAS CIVIL STATUTES
CHAPTER 2. PUBLIC OFFICES AND BOOKS
Art. 6275. [6423] [4367] To keep offices in Texas
Every railroad company chartered by this State, or owning or
operating any line of railway within this State, shall keep and
maintain permanently its general offices within this State at the
place named in its charter for the location of its general offices.
If no certain place is named in its charter where its general
offices shall be located and maintained, then said railroad company
shall keep and maintain its general offices at such place within
this State where it contracts or agrees to locate its general office
for a valuable consideration.
Acts 1889, p. 130; G.L. vol. 9, p. 1158.
Art. 6276. [6423] [4367] Where no contract
If said railroad company has not contracted or agreed for a valuable
consideration to maintain its general offices at any certain place
within this State, then such general offices shall be located and
maintained at such place on its line in this State as said railroad
company may designate to be on its line of railway.
Acts 1889, p. 130; G.L. vol. 9, p. 1158.
Art. 6277. [6423] [4367] Shops, etc.
Such railroads shall keep and maintain their machine shops and
roundhouses, or either, at such place or places as they may have
contracted to keep them for a valuable consideration received; and
if said general offices and shops and roundhouses, or either are
located on the line of railroad in a county which has aided such
railroad by an issue of bonds in consideration of such location
being made, then said location shall not be changed; and this shall
apply as well to a railroad that may have been consolidated with
another as to those which have maintained their original
organization.
Acts 1889, p. 130; G.L. vol. 9, p. 1158.
Art. 6278. [6424] [4368] Officers to keep offices in Texas
Railroad companies shall keep and maintain at the place within this
State where its general offices are located the office of its
president, or vice-president, secretary, treasurer, local
treasurer, auditor, general freight agent, traffic manager,
general manager, general superintendent, general passenger and
ticket agent, chief engineer, superintendent of motive power and
machinery, master mechanic, master of transportation, fuel agent,
general claim agent; and each one of its general offices shall be
so kept and maintained by whatever name it is known, and the persons
who perform the duties of said general offices, by whatever name
known, shall keep and maintain their offices at the place where said
general offices are required to be located and maintained; and the
persons holding said general offices shall reside at the place and
keep and maintain their offices at the place where said general
offices are required by law to be kept and maintained. If the
duties of any of the above named offices are performed by any
person, but his position is called by a different name, said
railroad company shall maintain said offices at the place where its
general Texas offices are kept and maintained, as required by this
chapter. The name of the general offices shall not be understood to
allow the railroad company to have any of the offices usually known
as general offices at any other place than the one at which it is
required to keep its general offices; and each railroad is hereby
required to have and maintain its general offices at the place named
herein. Where the principal shops of a company are situated on its
line in the State, at a place other than where its general offices
are located, the superintendent of motive power and machinery,
master mechanic, either or both, may have his office and residence
at such place where such principal shops are located; provided,
that the Railroad Commission of Texas, where it is made to appear
that any officer, other than the general officers of any company,
can more conveniently perform his duties by residing at some place
on the line in Texas other than the place where the general offices
are situated, may by an order entered on its record, authorize any
such officer to so reside and keep his office at such place.
Acts 1889, p. 130; G.L. vol. 9, p. 1158; Acts 1899, p. 177.
Art. 6279. [6425] [4369] Forfeiture
Each railroad company chartered by this State, or owning,
operating, or controlling any line of railroad within this State,
which shall violate any provision of this chapter shall forfeit the
charter by which it operates its railroad in Texas to the State of
Texas. The Attorney General shall, upon the application of an
interested party, or on his own motion, proceed at once against
every offending railroad company owning, operating or controlling
any line of railway within this State and violating any provision of
this law, by quo warranto to forfeit the charter of such railroad
company. In addition to forfeiting the charter to that part of the
railroad situated within this State, such offending railroad
company shall be subject to a penalty of five thousand dollars for
each day it violates any provision of this chapter; such penalty to
be recovered by suit in the name of the State of Texas to be filed by
the Attorney General. Any money recovered from any railroad
company under the provisions of this law shall be paid into the
State Treasury and become a part of the available public free school
fund. A judgment of the court forfeiting the charter of a railroad
company shall allow six months from the date of the judgment within
which to comply with this law, and if it shall comply within said
time no forfeiture shall occur; but if it fails to so comply, then
the judgment shall be final.
Art. 6280. [6426 to 6428] To do repair work in Texas
All railroad corporations operating in, and having their repair
shops within this State, are required to repair, renovate or
rebuild in this State all defective or broken cars, coaches,
locomotives or other equipment owned or leased by said corporation
in this State, when such rolling stock is within this State, and
shall be prohibited from sending or removing any such rolling stock
out of this State to be repaired, renovated or rebuilt, when the
same is in a defective or broken condition, and within this State,
when such railway shall have, or be under obligation to have proper
facilities in this State to do such work. This article does not
apply to companies having less than sixty continuous miles of
railroad in operation in this State, nor in case of strike, fire or
other unforeseen casualties and emergencies; and is not to be
construed to require a violation of the Federal safety appliance
law; and no railway shall be required to haul such disabled
equipment a greater distance for repairs at a point within this
State than would be necessary to reach their repair shops in another
State.
Acts 1909, p. 73.
Art. 6281. [6429] [4370] Books
The principal business of said corporation shall be conducted, and
stock transferred and claims for damages settled and adjusted at
the public or general offices of said railroad companies in Texas,
established as provided for in this chapter, by duly authorized
officers and agents of said corporations. At said offices there
shall be kept for the inspection of stockholders of such
corporation, books in which shall be recorded:
1. The amount of capital stock subscribed.
2. The names of the owners of the stock and the amounts owned by them
respectively.
3. The amount of stock paid and by whom.
4. The transfer of stock with the date of the transfer.
5. The amount of its assets and liabilities.
6. The names and places of residence of each of its officers.
Acts 1885, p. 67; G.L. vol. 9, p. 687.
Art. 6282. [6430] [4371] President shall report
The president or superintendent of every railroad company doing
business in this State shall report annually under oath to the
Comptroller or Governor the true status of said railroad and such
other matters and things as may be inquired about by said
Comptroller or Governor.
Acts 1885, p. 67; G.L. vol. 9, p.687. Const. art. 10, sec. 3.
Art. 6283. [6431-2] Books open to inspection
The books of such corporation kept at its public office shall at all
reasonable business hours be open to the inspection of each
stockholder, and to any officer or agent of the State whose duty it
may be to inspect such books. The legislature may, by committee or
otherwise, examine the books of any railroad corporation at such
times and as often as may by said legislature be deemed necessary.
Acts 1885, p.67; G.L. vol. 9, p. 687.
Art. 6284. [6433] [4374] Penalty for failure
If said railroad or other corporation shall fail or refuse to comply
with any provision of the three preceding articles, it shall be
liable to pay to the State of Texas, the sum of one thousand dollars
for each month that said railroad or other corporation shall fail or
refuse to comply therewith, said sum to be recovered by the State.
An honest mistake in the entries in its books shall not subject a
railroad company to such penalties.
Acts 1885, p. 67; G.L. vol. 9, p. 687.
Art. 6285. [6434] [4375] Duties of Attorney General
The Attorney General shall bring suit against said corporation, and
prosecute it to judgment for any violation of any provision of this
chapter.
Acts 1885, p. 67; G.L. vol. 9, p. 687.
Art. 6286. [6435] [4376] Change of general offices, etc.,
prohibited
After the passage of this act, no railroad company shall change the
location of its general offices, machine shops, round houses, or
home terminals, save with the consent and approval of the Railroad
Commission of Texas, and this shall apply also to receivers, and to
purchasers of the franchises and properties of railroad companies,
and to new corporations, formed by such purchasers or their
assigns. The Commission shall not consent to, or approve of, any
removal or change of location in conflict with the restrictions of
the first article of this chapter. No consent or approval of the
Commission shall be required before the return of general offices,
machine shops, round houses, or Home Terminals to previous
locations, when ordered or required under judgments in suits now
pending in trial or appellate courts.
Acts 1915, p. 35. Amended by Acts 1929, 41st Leg., p. 337, ch. 156,
Sec. 1, eff. March 2, 1929.
Art. 6287. [6437] [4378] [4120] Domicile of the corporation
The public office of a railroad corporation shall be considered the
domicile of such corporation.
Acts 1876, p. 150; G.L. vol. 8, p. 986.
