Article III, Section 52-b of the Texas Constitution ("Loan of State's Credit or Grant of Public Money for Toll Road Purposes")

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As amended November 6, 2001:

The Legislature shall have no power or authority to in any manner lend the credit of the State or grant any public money to, or assume any indebtedness, present or future, bonded or otherwise, of any individual, person, firm, partnership, association, corporation, public corporation, public agency, or political subdivision of the State, or anyone else, which is now or hereafter authorized to construct, maintain or operate toll roads and turnpikes within this State except that the Legislature may authorize the Texas Department of Transportation to expend, grant, or loan money, from any source available, for the acquisition, construction, maintenance, or operation of turnpikes, toll roads, and toll bridges.

Editor Comments

As added in 1954, this section read: "The Legislature shall have no power or authority to in any manner lend the credit of the State or grant any public money to, or assume any indebtedness, present or future, bonded or otherwise, of any individual, person, firm, partnership, association, corporation, public corporation, public agency, or political subdivision of the State, or anyone else, which is now or hereafter authorized to construct, maintain or operate toll roads and turnpikes within this State."

The section has been amended twice. The 2001 amendment was part of the ballot proposition that added Article III, Section 49-k. That section, among other things, created the Texas Mobility Fund.

Attorney Steve Smith

Recent Decisions

None.

Historic Decisions

  • Texas Turnpike Authority v. Shepperd, 279 S.W.2d 302, 305 (Tex. 1955) ("As to the second contention, namely, that the Turnpike Projects Act authorizing the issuance of bonds . . . . The Attorney General admits that the Armory Board and Lower Colorado River cases are controlling, but calls our attention to Section 52-b, Art. 3, Constitution of Texas, adopted as an amendment to the Constitution at the last General Election (1954). This section, we think, adds nothing of substance to Section 50 of that Article except to name expressly and include any agency, public or otherwise, authorized to construct, maintain or operate toll roads and turnpikes.")

Library Resources

Online Resources