Texas Constitution:Article XVI, Section 59: Difference between revisions

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Texas Constitution:Article XVI, Section 59 (view source)

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* ''Kaufman County Levee Improvement Dist. v. National Life Ins. Co.'', 171 S.W.2d 188, 189 (Tex.Civ.App.–Dallas 1943, ref'd) ("The provision has the same meaning today that it had when first adopted as a part of . . . . Improvement districts, such as the District involved here, were unknown in 1845 when § 14 of Art. 16 became a part of the constitutional law of the state; nor did such districts come into existence until after the constitutional amendment known as § 52 of Art. 3 was adopted in November, 1904, and more extensively after the amendment known as § 59 of Art. 16 was adopted in August, 1917, hence we do not think § 14 of Art. 16 has any application whatever to the District involved here.")
* ''Kaufman County Levee Improvement Dist. v. National Life Ins. Co.'', 171 S.W.2d 188, 189 (Tex.Civ.App.–Dallas 1943, ref'd) ("The provision has the same meaning today that it had when first adopted as a part of . . . . Improvement districts, such as the District involved here, were unknown in 1845 when § 14 of Art. 16 became a part of the constitutional law of the state; nor did such districts come into existence until after the constitutional amendment known as § 52 of Art. 3 was adopted in November, 1904, and more extensively after the amendment known as § 59 of Art. 16 was adopted in August, 1917, hence we do not think § 14 of Art. 16 has any application whatever to the District involved here.")


* ''Harris County Flood Control Dist. v. Mann'', 140 S.W.2d 1098, [https://cite.case.law/pdf/10245878/Harris%20County%20Flood%20Control%20Dist.%20v.%20Mann,%20140%20S.W.2d%201098%20(1940).pdf#page=7 1104] (Tex. 1940) ('We are of the opinion that we have disposed of the contention that the 1937 Act violates that part of Section 56 of Article III of our State Constitution above indicated in our holding that this Act creates this District as a State governmental agency . . . . Simply stated, the Act of 1937 is fully authorized by Section 59 of Article XVI of our State Constitution, and the Act creating this District should not be classed as a local or special law within the meaning of the constitutional provision under discussion. ''Lower Colorado River Authority v. McCraw'', [] 83 S.W.2d 629; ''Brazos River Con. & Rec. Dist. v. McCraw'', [] 91 S.W.2d 665.")
* ''Harris County Flood Control Dist. v. Mann'', 140 S.W.2d 1098, [https://texaslegalguide.com/images/140_SW2_1098.pdf#page=7 1104] (Tex. 1940) ("We are of the opinion that we have disposed of the contention that the 1937 Act violates that part of Section 56 of Article III of our State Constitution above indicated in our holding that this Act creates this District as a State governmental agency . . . . Simply stated, the Act of 1937 is fully authorized by Section 59 of Article XVI of our State Constitution, and the Act creating this District should not be classed as a local or special law within the meaning of the constitutional provision under discussion. ''Lower Colorado River Authority v. McCraw'', [] 83 S.W.2d 629; ''Brazos River Con. & Rec. Dist. v. McCraw'', [] 91 S.W.2d 665.")


* ''Lower Colorado River Authority v. McCraw'', 83 S.W.2d 629, [https://texaslegalguide.com/images/083_S.W.2d_629.pdf#page=5 633] (Tex. 1935) ("In this connection, it is true that the last clause of subsection (c) provides that the Legislature shall not authorize districts organized under section 59 to issue bonds, or provide for any indebtedness against such districts, unless the proposition shall first be authorized by the qualified property taxpaying voters of the district; but it is clear from a reading of the whole subsection . . . . As already said, bonds payable out of revenues are not indebtednesses. It was the evident intention of this constitutional provision to only require a vote in instances where it is proposed to issue bonds or to authorize a debt payable out of tax funds.")
* ''Lower Colorado River Authority v. McCraw'', 83 S.W.2d 629, [https://texaslegalguide.com/images/083_S.W.2d_629.pdf#page=5 633] (Tex. 1935) ("In this connection, it is true that the last clause of subsection (c) provides that the Legislature shall not authorize districts organized under section 59 to issue bonds, or provide for any indebtedness against such districts, unless the proposition shall first be authorized by the qualified property taxpaying voters of the district; but it is clear from a reading of the whole subsection . . . . As already said, bonds payable out of revenues are not indebtednesses. It was the evident intention of this constitutional provision to only require a vote in instances where it is proposed to issue bonds or to authorize a debt payable out of tax funds.")
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