Editing Texas Constitution talk:Article VIII, Section 6

{{DISPLAYTITLE:{{PAGENAME}} of the Texas Constitution (discussion page)}}Texas Legal Guide (texaslegalguide.com) is currently under construction.

This page is available for comment and discussion regarding the page ''{{PAGENAME}} of the Texas Constitution''.

== review ==

money shall be drawn from the Treasury but in pursuance of specific appropriations made by
law.” Because of this constitutional restriction on withdrawing money from the treasury, the
legislature’s funding obligations are generally limited to the amount it appropriates, even though a
general law may authorize the appropriation of a larger amount. See Edgewoodlndep. Sch. Disf. v.
Meno, 893 S.W.2d 450, 470 (Tex. 1995). A statute that sets compensation for a certain position is
not in itself an appropriation, and the incumbent will not receive the fbll compensation authorized by
statute unless the legislature appropriates that amount. Pickle v. Finley, 44 SW. 480 (Tex. 1898);
Mutchler v. Texas Dep ‘t of Public Safely, 681 S.W.2d 282 (Tex. App.--Austin 1984, no writ);
Attorney General Opinion IM-115 (1983). I

== add ? ==

Tex. Att'y Gen. Op. No. 0-0044 (1939) at 3 (explaining that pursuant to article VIII, section 6 of the
Texas Constitution, the Comptroller may not withdraw money from the treasury to "rectify a previous bookkeeping
error, or for any other reason, except upon specific direction by the Legislature")

== review ==

Article VIII, section 6 of the Texas Constitution
prohibits au appmpriation for longer than two years. In Teas Public Building Aufhori@
v. Muffox the Texas Supreme Court concluded that article Vlll, section 6 does not f&id
. the execution of a contract that “does nor bind the state to pur&ase a tied quantuy of
gwds or services each year, but rather which bii the state only to purchase those
quantities which within its sole discretion it de&m&s it needs.” Texas Pub. Bldg.
AI&L v. Mattox, 686 S.W.2d 924,929 (fex. 1985); see also Ciry of Big @ring v. Board
of Control, 404 S.W.2d 810,814.15 (Tex. 1966); Charles Scribner’s Sons v. Mom, 262
SW. 722,72426 (Rx. 1924); Attorney General Cpinion o-1627 (1940) at 5.
As an example of a contract not prohibited by article Vlll, section 6, the Tarap
Public Building Authorf~ ant cited to the contract at issue in C&Y of Big Spring v.
Bond of Confrof, 404 S.W.2d 810 (Tex. 1966).

== review ==

M&on v. Zmkhurt, 114 S.W.2d 216, 219 (Tex. 1938)

Attorney General Opinions C-742 (1966), O-44 (1939)

==link==

''Friedman v. American Surety Co.'', 151 S.W.2d 570, [https://cite.case.law/pdf/2315026/Friedman%20v.%20American%20Surety%20Co.%20of%20New%20York,%20137%20Tex.%20149,%20151%20S.W.2d%20570%20(1941).pdf#page=12 576-77] (Tex. 1941)

== modify ==

it has been amended just once to remove