Texas Constitution:Article III, Section 52: Difference between revisions

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* ''State ex rel. La Crosse v. Averill'', 110 S.W.2d 1173, [https://texaslegalguide.com/images/110_SW2_1173.pdf#page=2 1174] (Tex.Civ.App.–San Antonio 1937, ref'd) ("Before proceeding to a consideration of the ultimate question presented by this appeal, it seems proper to express the opinion that both constitutional, statutory and charter provisions upon the subject condemn as unlawful the acts of the members of a city commission in binding the city, by ordinance and contract, to pay out public funds to attorneys or others for services rendered in behalf of such commissioners in defending them against prosecutions for offenses charged against them, either in their private or official capacity, in the courts of the land. Const, art. 1, § 3; article 3, §§ 52, 53; . . .")
* ''State ex rel. La Crosse v. Averill'', 110 S.W.2d 1173, [https://texaslegalguide.com/images/110_SW2_1173.pdf#page=2 1174] (Tex.Civ.App.–San Antonio 1937, ref'd) ("Before proceeding to a consideration of the ultimate question presented by this appeal, it seems proper to express the opinion that both constitutional, statutory and charter provisions upon the subject condemn as unlawful the acts of the members of a city commission in binding the city, by ordinance and contract, to pay out public funds to attorneys or others for services rendered in behalf of such commissioners in defending them against prosecutions for offenses charged against them, either in their private or official capacity, in the courts of the land. Const, art. 1, § 3; article 3, §§ 52, 53; . . .")


* ''City of Breckenridge v. Stephens County'', 40 S.W.2d 43, [https://texaslegalguide.com/images/040_S.W.2d_43.pdf#page=1 43-44] (Tex. 1931) ("If the right to expend such funds exists, the right to make a contract so to do must also exist. After a careful investigation of the authorities, including the Constitution and laws of this state, we have reached the conclusion that the commissioners' court does have lawful authority to expend county road bond funds for the improvement of city streets where such streets form integral parts of county roads or state highways, when such improvements are made without conflicting with the jurisdiction of the municipality, or with its consent or approval. Section 52, art. 3, Texas Constitution; State v. Jones, 18 Tex. 874; . . .")
* ''City of Breckenridge v. Stephens County'', 40 S.W.2d 43, [https://texaslegalguide.com/images/040_SW2_43.pdf#page=1 43-44] (Tex. 1931) ("If the right to expend such funds exists, the right to make a contract so to do must also exist. After a careful investigation of the authorities, including the Constitution and laws of this state, we have reached the conclusion that the commissioners' court does have lawful authority to expend county road bond funds for the improvement of city streets where such streets form integral parts of county roads or state highways, when such improvements are made without conflicting with the jurisdiction of the municipality, or with its consent or approval. Section 52, art. 3, Texas Constitution; State v. Jones, 18 Tex. 874; . . .")


* ''Collingsworth County v. Allred'', 40 S.W.2d 13, [https://texaslegalguide.com/images/040_S.W.2d_13.pdf#page=5 17] (Tex. 1931) ("We conclude that a proper construction of the amendatory portion of section 52 of article 3 is that it was not intended to impair in any way the rights of counties to issue bonds under laws existing at the time of its adoption, but that its purpose was twofold: First, to authorize the Legislature to enlarge the existing powers of counties to issue bonds for the purposes specified therein; and, secondly, to authorize legislation conferring upon political subdivisions and defined districts of the state a power not then possessed of issuing bonds for all of the purposes specified, subject to the limitations therein imposed.")
* ''Collingsworth County v. Allred'', 40 S.W.2d 13, [https://texaslegalguide.com/images/040_S.W.2d_13.pdf#page=5 17] (Tex. 1931) ("We conclude that a proper construction of the amendatory portion of section 52 of article 3 is that it was not intended to impair in any way the rights of counties to issue bonds under laws existing at the time of its adoption, but that its purpose was twofold: First, to authorize the Legislature to enlarge the existing powers of counties to issue bonds for the purposes specified therein; and, secondly, to authorize legislation conferring upon political subdivisions and defined districts of the state a power not then possessed of issuing bonds for all of the purposes specified, subject to the limitations therein imposed.")

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