ing Chapter 163, Acts of the Regular Session of the Thirty-third Legislature, Chapter 36, General Laws, passed by the Regular Session of the Thirty-second Legislature, Chapter 77, General Laws, passed by the Regular Session of the Thirty-second Legislature, and Chapter 64, General Laws passed by the Legislature, Session of the Thirty-third Legislature, and all other laws relating to the institutions named, whether here enumerated or not, are hereby made to relate to and govern the Board of Control hereby created, and the administration of each and all of said statutes, and the institutions and departments to which they relate, is hereby placed under the Board of Control created by this Act; and the Board of Control hereby created shall exercise all the powers and authority heretofore conferred by law on the boards of managers and trustees of the various institutions and departments named under this section.

SEC. 10. The Board of Control shall have authority to employ a chief in the division of eleemosynary institutions, but the person so selected shall be an acting practicing physician and surgeon who shall have been actively engaged in the practice of his profession for not less than ten years immediately preceding his appointment to such position, and in addition to the experience required such physician shall be one of generally recognized eminence in his profession.

SEC. 11. The Board of Control may, from time to time, create such other divisions of its work as may be necessary, and to appoint chiefs of such divisions, but no person shall be appointed chief of any division of work who has not had at least five years' actual experience immediately preceding his appointment in the work or a profession similar to that to which he is assigned by the Board of Control.

SEC. 12. Wherever in this Act certain qualifications are prescribed for an office or any employment or appointment of the Board and certain years of experience are required, the existence of such years of experience and such qualifications as a fact shall be a prerequisite to such officer, appointee or employe being assigned to occupy this position, and be paid his compensation by the accounting officers of the State and the State Treasurer; and the selection of such person and the judgment of his qualifications by the Board of Control shall not alone determine the question but that is left to be determined as a fact, like any other fact may be determined, and may be contested by any taxpayer, in the District Court of Travis County by an injunction suit against the Board of Control, against the Comptroller or against the Treasurer; and the Comptroller may refuse to issue warrants to any person he finds to be disqualified in this Act, and the Treasurer may refuse to pay such warrants; provided, however, that the party claimmay bring a mandamus suit against such officer in the Supreme Court as in other cases.

ing the right to the issuance of such warrants and the payment therefor

SEC. 13. The Board of Control shall immediately elect one of its own number chairman; a quorum of the Board shall be necessary in the transaction of business and two members shall always be necessary for the consideration of any question: they shall keep minutes of their proceedings, duly recorded in a book provided for that purpose. They shall have authority to employ a secretary and such other clerical help,

stenographers, clerks, auditors, and bookkeepers as may be necessary in the administration of their department as herein provided within the limits of the appropriations that may be made for the work of said Board, which shall in no case be exceeded. The Board shall occupy appropriate rooms in the Capitol or in the new Land Office, selected by them for their offices. They shall have authority to purchase such furniture, fixtures and stationery as may be necessary in the administration of their office. In addition to the salaries and compensation herein provided for they shall be entitled to their traveling expenses when absent from the city of Austin on official business.

SEC. 14. Mandamus suits may be brought against the Board in the Supreme Court of the State, as against other public officers, but no suit shall be brought against the Board of any other character except in the District Court of Travis County, Texas, and no temporary injunction shall ever issue against the Board, except upon notice and hearing.

SEC. 15. All appropriations heretofore made for the various departments herein consolidated and placed under the State Board of Control, shall be available for expenditure hereunder in such manner as the State Board of Control may find necessary to effectuate the

of this Act.

purpose

SEC. 15a. Should any section of this Act be declared unconstitutional said decision shall not in any way affect the other sections and provisions of this law. (General Laws of the Regular Session of the Thirty-sixth Legislature.)