Article XVI, Section 59 of the Texas Constitution (discussion page)

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This page is available for comment and discussion regarding the page Article XVI, Section 59 of the Texas Constitution.

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Tri-City Fresh Water Supply Dist. No.2 v. Mann, 142 S.W.2d 945, 946 (Tex. 1940) (stating that a special water district may exercise only those powers that are expressly granted or clearly implied from the express powers)

City of San Antonio v. Trease, 243 S.W.2d 187, 189 (Tex. App.—San Antonio 1951, writ ref’d) (discussing the Authority’s broad and extensive powers)

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We note that article XVI, section 59 of the Texas constitution provides that the legislature shall not provide for any indebtedness against a district “unless such proposition shall f%st be subrmtted to the qualified property tax-paying voters of such district and the proposition adopted.” Tar Const. art XVI, 3 59(c). The authority’s enabling act was not subject to voter approval.6 This constitutional limitation, however, applies to indebtedness that is setviced by a tax. Bonds, notes, and other debts payable out of revenues, which are not serviced by a tax, do not constitute an inde under articleXVI, section 59. See generally Lower Colorado River Auth v. McGraw, 83 S.W.2d 629, 633 vex. 1935); see ako Brams River Conservation and Rechmation Did. v. M&aw, 91 S.W.2d 665,672 (Tex 1936)

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Parker v. San Jacinto County Water Control and Improvement District No. I, 273 S.W.2d 586 (Tex. 1954)

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A measure that is contrary to the purposes of the article XVI, section 59 or is solely recreational in purpose is not a permissible use of tax or tax bond funds.