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

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* ''Friedman v. American Surety Co.'', 151 S.W.2d 570, [https://texaslegalguide.com/images/151_SW2_570.pdf#page=9 578] (Tex. 1941) ("Section 51 of Article III of our Constitution provides that 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. It is then provided that the Legislature may grant aid to indigent or disabled Confederate soldiers and their widows. Aid in case of public calamity is also preserved. Under the plain provisions of this constitutional provision, the Legislature is without power to grant or authorize the making of any grant of public moneys to any individual as a gratuity.")
* ''Friedman v. American Surety Co.'', 151 S.W.2d 570, [https://texaslegalguide.com/images/151_SW2_570.pdf#page=9 578] (Tex. 1941) ("Section 51 of Article III of our Constitution provides that 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. It is then provided that the Legislature may grant aid to indigent or disabled Confederate soldiers and their widows. Aid in case of public calamity is also preserved. Under the plain provisions of this constitutional provision, the Legislature is without power to grant or authorize the making of any grant of public moneys to any individual as a gratuity.")


* ''Harris County Flood Control Dist. v. Mann'', 140 S.W.2d 1098, [https://texaslegalguide.com/images/140_SW2_1098.pdf#page=5 1102] (Tex. 1940) ("One of these exceptions is that such constitutional prohibition shall not be construed so as 'to prevent the grant of aid in cases of public calamity.' In the Brazos River, etc., case, supra, it was expressly held that a donation of general fund State taxes could be made for more than two years,—in fact, for 20 years,—to a district such as this, where the grant was authorized under Section 51 of Article III, supra, as 'aid in cases of public calamity.' It follows that this grant cannot be condemned as unauthorized under Section 51 of Article III, supra, unless it can be said, as a matter of law, that the legislative finding of 'public calamity' contained in this Act is without any substantial basis on which to rest.")
* ''Harris County Flood Control Dist. v. Mann'', 140 S.W.2d 1098, [https://texaslegalguide.com/images/140_SW2_1098.pdf#page=5 1102] (Tex. 1940) ("One of these exceptions is that such constitutional prohibition shall not be construed so as 'to prevent the grant of aid in cases of public calamity.' In the Brazos River, etc., case, supra, it was expressly held that a donation of general fund State taxes could be made for more than two years,–in fact, for 20 years . . . . It follows that this grant cannot be condemned as unauthorized under Section 51 of Article III, supra, unless it can be said, as a matter of law, that the legislative finding of 'public calamity' contained in this Act is without any substantial basis on which to rest.")


* ''Road Dist. No. 4 v. Allred'', 68 S.W.2d 164, [https://texaslegalguide.com/images/068_SW2_164.pdf#page=8 171] (Tex. 1934) ("There is certainly a vast difference between a case where public money is granted to municipal or political corporation on condition that it assume the unqualified burden and duty of . . . . The Attorney General contends that this is class legislation in contravention of section 3 of article 1 of our State Constitution. The mere statement of such contention demonstrates that it presents a very serious constitutional question; but, in view of the fact that we have already determined section 12 of the special act in violation of section 51 of article 3 of our Constitution, we do not consider it necessary to determine it.")
* ''Road Dist. No. 4 v. Allred'', 68 S.W.2d 164, [https://texaslegalguide.com/images/068_SW2_164.pdf#page=8 171] (Tex. 1934) ("There is certainly a vast difference between a case where public money is granted to municipal or political corporation on condition that it assume the unqualified burden and duty of . . . . The Attorney General contends that this is class legislation in contravention of section 3 of article 1 of our State Constitution. The mere statement of such contention demonstrates that it presents a very serious constitutional question; but, in view of the fact that we have already determined section 12 of the special act in violation of section 51 of article 3 of our Constitution, we do not consider it necessary to determine it.")

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