Article XVI, Section 6 of the Texas Constitution

From TLG
Jump to navigation Jump to search

As amended November 8, 1966:

(a) No appropriation for private or individual purposes shall be made, unless authorized by this Constitution. A regular statement, under oath, and an account of the receipts and expenditures of all public money shall be published annually, in such manner as shall be prescribed by law.

(b) State agencies charged with the responsibility of providing services to those who are blind, crippled, or otherwise physically or mentally handicapped may accept money from private or federal sources, designated by the private or federal source as money to be used in and establishing and equipping facilities for assisting those who are blind, crippled, or otherwise physically or mentally handicapped in becoming gainfully employed, in rehabilitating and restoring the handicapped, and in providing other services determined by the state agency to be essential for the better care and treatment of the handicapped. Money accepted under this subsection is state money. State agencies may spend money accepted under this subsection, and no other money, for specific programs and projects to be conducted by local level or other private, nonsectarian associations, groups, and nonprofit organizations, in establishing and equipping facilities for assisting those who are blind, crippled, or otherwise physically or mentally handicapped in becoming gainfully employed, in rehabilitating and restoring the handicapped, and in providing other services determined by the state agency to be essential for the better care or treatment of the handicapped. The state agencies may deposit money accepted under this subsection either in the State Treasury or in other secure depositories. The money may not be expended for any purpose other than the purpose for which it was given. Notwithstanding any other provision of this Constitution, the state agencies may expend money accepted under this subsection without the necessity of an appropriation, unless the Legislature, by law, requires that the money be expended only on appropriation. The Legislature may prohibit state agencies from accepting money under this subsection or may regulate the amount of money accepted, the way the acceptance and expenditure of the money is administered, and the purposes for which the state agencies may expend the money. Money accepted under this subsection for a purpose prohibited by the Legislature shall be returned to the entity that gave the money. This subsection does not prohibit state agencies authorized to render services to the handicapped from contracting with privately-owned or local facilities for necessary and essential services, subject to such conditions, standards, and procedures as may be prescribed by law.

Editor Comments

The first sentence of Subsection (a) is one of several provisions in the state constitution that prohibit the use of public funds for private purposes.

In 1966, Subsection (b) was added to this section as an express exception to the general rule stated in the first sentence of Subsection (a).

A long-standing judicial trend has been to enlarge what actions constitute public purposes and, therefore, Subsection (b) is no longer necessary.

—Attorney Steve Smith

Recent Decisions

None.

Historic Decisions

  • State v. City of Austin, 331 S.W.2d 737, 742-43 (Tex. 1960) ("The purpose of [Article III, Section 51] 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.")
  • Ex parte Smythe, 120 S.W. 200, 204-05 (Tex.Crim.App. 1909) (J. Ramsey, dissenting) ("I am not prepared to agree that the act is in contravention of article 16, § 6, of our Constitution, quoted above. It occurs to me that the intent and purpose of that provision of the Constitution was to prohibit the Legislature from making appropriations out of funds raised by public taxes, as gratuities to private individuals, and was not meant to lay an embargo or inhibition . . . . I am inclined to think personally that it is within the power of the Legislature to provide that, when the fine is paid into court, the same should be for the benefit of the wife, or in a proper case for the benefit of the minor child or children.")

Library Resources

Online Resources

Retrieved from "https://texaslegalguide.com/index.php?title=Texas_Constitution:Article_XVI,_Section_6&oldid=5982"