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Texas Constitution:Article III, Section 51: Difference between revisions
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Texas Constitution:Article III, Section 51 (view source)
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* ''State v. City of Austin'', 331 S.W.2d 737, [https://scholar.google.com/scholar_case?case=3606363952092627207#p742 742-43] (Tex. 1960) ("The purpose of this section and of Article XVI, Section 6, of the Constitution is to prevent the application of public funds to private purposes . . . . The question to be decided then is whether the use of public funds to pay part or all of the loss or expense to which an individual or corporation is subjected by the state in the exercise of its police power is an unconstitutional donation for a private purpose. We think not provided the statute creating the right of reimbursement operates prospectively, deals with the matter in which the public has a real and legitimate interest, and is not fraudulent, arbitrary or capricious.") | * ''State v. City of Austin'', 331 S.W.2d 737, [https://scholar.google.com/scholar_case?case=3606363952092627207#p742 742-43] (Tex. 1960) ("The purpose of this section and of Article XVI, Section 6, of the Constitution is to prevent the application of public funds to private purposes . . . . The question to be decided then is whether the use of public funds to pay part or all of the loss or expense to which an individual or corporation is subjected by the state in the exercise of its police power is an unconstitutional donation for a private purpose. We think not provided the statute creating the right of reimbursement operates prospectively, deals with the matter in which the public has a real and legitimate interest, and is not fraudulent, arbitrary or capricious.") | ||
* ''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 | * ''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 . . . . 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,–to a district such as this . . . . 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.") | ||