1927: Spanish Language May Be Taught In Schools In Certain Counties

In a previous Act of the legislature passed a few years before, the Texas state legislature had passed a sweeping attack on bilingual education in the state of Texas in an act forbidding the use of languages other than English in Texas schools; by 1927, it became clear from community and teacher complaints that the text of the act effectively forbade even teaching foreign languages as courses in Texas schools. The Legislature passed a second act, amending the first Act to preserve the ban on languages other than English outside of foreign-language classes, but with an exception to allow for teaching foreign languages, including Spanish, German, and Bohemian (the original targets of the English-only law, which in the 19th century had been used in many community schools as a primary language of instruction).

Spanish Language May Be Taught in Schools in Certain Counties

[…]

Be it enacted by the Legislature of the State of Texas:

Section 1. That Article 288 of the Penal Code of the State of Texas adopted at the Regular Session of the Thirty-Ninth Legislature, 1925, be and the same is hereby amended so as to read as follows:

“Art. 288. Except as herein provided, each teacher, principal and superintendent employed in the public free schools of this State shall use the English language exclusively in the conduct of the work of the schools and recitations and exercises of the school shall be conducted in the English language, and the trustees shall not prescribe any texts for elementary grades not printed in English; provided, however, that it shall be lawful to provide text books for and to teach the Spanish language in elementary grades in the public free schools in counties bordering on the boundary line between the United States and the Republic of Mexico and having a city or cities of five thousand or more inhabitants according to the United States census for the year 1920. It is lawful to teach Latin, Greek, French, German, Spanish, Bohemian or other language as a branch of study in the high school grades as outlined in the state course of study. Any such teacher, principal, superintendent, trustee, or other school official having responsibility in the conduct of the work of such schools who fails to comply with the provisions of this article shall be fined not less than twenty-five nor more than one hundred dollars, cancellation of certificate or removal from office, or both fine and such cancellation or fine and removal from office.

Sec. 2. The fact that under the present law it is unlawful to teach Spanish in the elementary grades in the public free schools of this State and that in counties having cities of over five thousand population bordering on the boundary line between the United States and the Republic of Mexico, a knowledge of the Spanish language is of inestimable value to the citizens and inhabitants of such counties and cities, and the fact that in order to obtain a speaking knowledge and mastery of any foreign language, it is imperative that instruction in such language be begun at the earliest possible period and the crowded condition of the calendar creates an emergency and an imperative [268] public necessity that the constitutional rule requiring bills to be read on three several days in each House be suspended and that this Act take effect and be in force from and after its passage, and said rule is hereby suspended, and it is so enacted.

[…]

Approved March 28, 1927.

Effective (90) ninety days after adjournment.

H. P. N. Gammel, The Laws of Texas, 1927: Supplement Volume to the Original Ten Volumes, 1822-1897 (Austin, Texas: Gammel's Book Store, 1927), 283-284 (link).

“organizations for the protection of the frontier against Indian raids or Mexican marauders” (Gammel, Laws of Texas 1927)

PROPOSED CONSTITUTIONAL AMENDMENT–AUTHORIZING LEGISLATURE TO GRANT CONFEDERATE PENSIONS REGARDLESS OF DATE PENSIONER CAME TO TEXAS OR WHEN WIDOW MARRIED PENSIONER OR WHEN SHE WAS BORN

H. J. R. No. 15.]

HOUSE JOINT RESOLUTION

[…]

Be it resolved by the Legislature of the State of Texas:

Section 1. That Section 51, Article 3, of the Constitution of the State of Texas by amended so as to read as follows:

[465] “The Legislature shall have no power to make any grant or authorize the making of any grant of public moneys to any individual, association of individuals, municipal or other corporations whatsoever; provided, however, the Legislature may grant aid to indigent and disabled Confederate soldiers and sailors under such regulations and limitations as may be deemed by the Legislature as expedient, and to their widows in indigent circumstances under such regulations and limitations as may be deemed by the Legislature as expedient; to indigent and disabled soldiers, who, under special laws of the State of Texas during the war between the States, served in organizations for the protection of the frontier against Indian raids or Mexican marauders, and to indigent and disabled soldiers of the militia who were in active service during the war between the States, and to the widows of such soldiers who are indigent circumstances, and who are or may be eligible to receive aid under such regulations and limitations as may be deemed by the legislature as expedient; and also grant for the establishment and maintenance of a home for said soldiers and sailors, their wives and widows and women who aided in the Confederacy, under such regulations and limitations as may be provided for by law; provided the Legislature may provide for husband and wife to remain together in the home…”

[466] […] [Note.— H. J. R. No. 15 was amended and passed the House February 16, 1927, 103 yeas, 5 nays; finally passed in the Senate March 10, 1927, 25 yeas, 0 nays.]

Approved by the Governor, March 30, 1927.

H. P. N. Gammel, The Laws of Texas, 1927: Supplement Volume to the Original Ten Volumes, 1822-1897 (Austin, Texas: Gammel's Book Store, 1927), 465 (link).

“The governing authorities of any such city shall have the full power to define the … white race … full power to enforce … the segregation of the races” (1927 Segregation Act)

Negroes and Whites–Segregation of In Cities

S. B. No. 275.] Chapter 103.

An Act providing for the segregation or separation of the white and negro races and providing for the conferring of power and authority upon cities to pass suitable ordinance controlling the same and providing for fixing the penalty and declaring an emergency.

Be it enacted by the Legislature of the State of Texas:

Section 1. That the power and authority is hereby conferred upon the Cities of Texas to provide by suitable ordinance for the segregation of negroes and whites in any such city and to withhold permits to build or construct a house to be occupied by white people in negro communities inhabited by negroes as defined by ordinance and to withhold building permits to any negro to establish a residence on any property located in a white community inhabited by white people as defined by ordinance.

Sec. 2. That it shall be lawful for negroes and whites to enter into mutual covenants or agreements concerning their respective residence and the power and authority is conferred upon the governing body of any city to pass suitable ordinances requiring the observance of any such agreement.

Sec. 3. That the governing authorities of any such city shall have the full power to define the negro race, negro community, white race and white community.

Sec. 4. That the governing authorities of any such city shall have full power to enforce the observance of any ordinance passed leading to or providing for the segregation of the races and to require the observance thereof by appropriate penalties.

Sec. 5. That this Act shall take effect from and after its passage and shall repeal all acts in conflict herewith.

Sec. 6. On account of the fact that there does not exist any adequate requirement or law conferring upon the cities of Texas the express power to pass suitable segregation laws between the whites and colored race, and whereas on account of the fact that the peace, quiet, and tranquility of such cities are greatly affected, as well as the public health greatly menaced, creates an emergency and an imperative necessity requiring the suspension of the constitutional rule that bills be read on three several days and it is hereby suspended, and this act shall take effect and be in force from and after its passage and it is so enacted.

[Note.–The above act, though carrying the emergency clause, did not pass in the Senate by a roll call vote. Received in Executive Office March 15, 1927, and in Secretary of State’s Office March 16, 1927, without Governor’s signature.]

Effective ninety (90) days after adjournment.

H. P. N. Gammel, The Laws of Texas, 1927: Supplement Volume to the Original Ten Volumes, 1822-1897 (Austin, Texas: Gammel's Book Store, 1927), 154 (link).

See also: Full Power to Define