Texas Constitution:Article III, Section 51: Difference between revisions

m
no edit summary
mNo edit summary
mNo edit summary
Line 9: Line 9:
As adopted, it read: "The Legislature shall have no power to make any grant, or authorize the making of any grant, of public money to any individual, association of individuals, municipal or other corporation whatsoever; provided, that this shall not be so construed as to prevent the grant of aid in case of public calamity."
As adopted, it read: "The Legislature shall have no power to make any grant, or authorize the making of any grant, of public money to any individual, association of individuals, municipal or other corporation whatsoever; provided, that this shall not be so construed as to prevent the grant of aid in case of public calamity."


It has been amended nine times. The first eight amendments concerned grants to certain Confederate participants and their spouses. The last amendment in 1999 removed the remaining language concerning such assistance.
It was based on a unique provision (Article IV, Section [https://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=1002&context=mo_constitutions_race&#page=32 46]) contained in the Missouri Constitution of 1875, which read: "The General Assembly shall have no power to make any grant, or to authorize the making of any grant of public money or thing of value to any individual, association of individuals, municipal or other corporation whatsoever; provided, that this shall not be so construed as to prevent the grant of aid in case of public calamity."


The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1939/gm0941.pdf#page=2 O-941] (1939), opined that: "To give meaning to such exception, therefore, we are constrained to hold that a grant of public money may be made in a case of public calamity although such calamity may not be of such proportions as to have a direct effect upon the State as a whole."
This section has been amended nine times. The first eight amendments concerned grants to certain Confederate participants and their spouses. The last amendment in 1999 removed the remaining language concerning such assistance.


Note that this section was based on a unique provision (Article IV, Section [https://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=1002&context=mo_constitutions_race&#page=32 46]) contained in the Missouri Constitution of 1875, which read: "The General Assembly shall have no power to make any grant, or to authorize the making of any grant of public money or thing of value to any individual, association of individuals, municipal or other corporation whatsoever; provided, that this shall not be so construed as to prevent the grant of aid in case of public calamity."
Note that the Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1939/gm0941.pdf#page=2 O-941] (1939), opined that: "To give meaning to such exception, therefore, we are constrained to hold that a grant of public money may be made in a case of public calamity although such calamity may not be of such proportions as to have a direct effect upon the State as a whole."


|recent=
|recent=