Article VIII, Section 7 of the Texas Constitution

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Adopted February 15, 1876:

The Legislature shall not have power to borrow, or in any manner divert from its purpose, any special fund that may, or ought to, come into the Treasury; and shall make it penal for any person or persons to borrow, withhold or in any manner to divert from its purpose any special fund, or any part thereof.

Editor Comments

None.

Attorney Steve Smith

Recent Decisions

None.

Historic Decisions

  • Gulf Ins. Co. v. James, 185 S.W.2d 966, 971 (Tex. 1945) ("In so doing the Legislature does not violate the provisions of Article VIII, Section 7, of the Constitution, . . . . In the case of Brazos River Conservation & Reclamation District v. McCraw, [] 91 S.W.2d 665, this Court held that the above-quoted constitutional inhibition applies only to special funds created by the Constitution, and not to special funds created by statute. The special funds here under consideration were created by statute, and not by the Constitution. We are also of the opinion that the petitioners have no such vested interest in such funds as would authorize them to enjoin the use of the funds for general purposes.")

Library Resources

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