Texas Constitution:Article III, Section 44 - Revision history

Admin at 16:25, June 10, 2024

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	The Republic of Texas constitution (1836) did not have a similar provision. However, the State of Texas's first constitution (1845) did. Article VII, Section 7 read: "The Legislature shall provide by law for the compensation of all officers, servants, agents, and public contractors, not provided for by this Constitution; and shall not grant extra compensation to any officer, agent, servant, or public contractor, after such public service shall have been performed, or contract entered into for performance of same; nor grant by appropriations or otherwise any amount of money out of the Treasury of the State to any individual, on a claim real or pretended, where the same shall not have been provided for by ~~preexisting~~ law; provided, that nothing in this section shall be so construed as to affect the claims of persons against the Republic of Texas, heretofore existing." The state's next three constitutions (1861, 1866, & 1869) each contained a similar provision. Note that the clause regarding employment was added in 1876.		The Republic of Texas constitution (1836) did not have a similar provision. However, the State of Texas's first constitution (1845) did. Article VII, Section 7 read: "The Legislature shall provide by law for the compensation of all officers, servants, agents, and public contractors, not provided for by this Constitution; and shall not grant extra compensation to any officer, agent, servant, or public contractor, after such public service shall have been performed, or contract entered into for performance of same; nor grant by appropriations or otherwise any amount of money out of the Treasury of the State to any individual, on a claim real or pretended, where the same shall not have been provided for by pre-existing law; provided, that nothing in this section shall be so construed as to affect the claims of persons against the Republic of Texas, heretofore existing." The state's next three constitutions (1861, 1866, & 1869) each contained a similar provision. Note that the clause regarding employment was added in 1876.

	The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1939/gm0632.pdf#page=2 O-632] (1939), opined that: "It is settled law that Section 44 of Article 3 prohibits the Legislature from appropriating State money to any person or corporation on any claim, unless, at the very time the appropriation is made there is already in force some pre-existing valid law constituting the claim the appropriation is made to pay a legal and valid . . . . Public offices and officers being peculiar creatures of law, their powers and duties are necessarily defined and limited by law. It follows that a public officer has authority to make for the State only such contracts as he is expressly or impliedly authorized by law to make. If, therefore, a public officer makes a contract purporting to bind the State, and in making such contract, he exceeds the limits of the authority conferred upon him by law, the contract is void and does not give rise to such an obligation as would form the basis of a judgment against the State in event the State should permit itself to be sued."		The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1939/gm0632.pdf#page=2 O-632] (1939), opined that: "It is settled law that Section 44 of Article 3 prohibits the Legislature from appropriating State money to any person or corporation on any claim, unless, at the very time the appropriation is made there is already in force some pre-existing valid law constituting the claim the appropriation is made to pay a legal and valid . . . . Public offices and officers being peculiar creatures of law, their powers and duties are necessarily defined and limited by law. It follows that a public officer has authority to make for the State only such contracts as he is expressly or impliedly authorized by law to make. If, therefore, a public officer makes a contract purporting to bind the State, and in making such contract, he exceeds the limits of the authority conferred upon him by law, the contract is void and does not give rise to such an obligation as would form the basis of a judgment against the State in event the State should permit itself to be sued."

Admin at 16:05, June 10, 2024

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	{{DISPLAYTITLE:Article III, Section 44 of the Texas Constitution (''<small>"Extra Compensation; Unauthorized Claims; Unauthorized Employment"</small>'')}}{{Texas Constitution\|text=Adopted February 15, 1876:		{{DISPLAYTITLE:Article III, Section 44 of the Texas Constitution (''<small>"Extra Compensation; Unauthorized Claims; Unauthorized Employment"</small>'')}}{{Texas Constitution\|text=Adopted February 15, 1876:

	The Legislature shall provide by law for the compensation of all officers, servants, agents and public contractors, not provided for in this Constitution, but shall not grant extra compensation to any officer, agent, servant, or public contractors, after such public service shall have been performed or contract entered into, for the performance of the same; nor grant, by appropriation or otherwise, any amount of money out of the Treasury of the State, to any individual, on a claim, real or pretended, when the same shall not have been provided for by pre-existing law; nor employ any one in the name of the State, unless authorized by pre-existing law.		'''The Legislature shall provide by law for the compensation of all officers, servants, agents and public contractors, not provided for in this Constitution, but shall not grant extra compensation to any officer, agent, servant, or public contractors, after such public service shall have been performed or contract entered into, for the performance of the same; nor grant, by appropriation or otherwise, any amount of money out of the Treasury of the State, to any individual, on a claim, real or pretended, when the same shall not have been provided for by pre-existing law; nor employ any one in the name of the State, unless authorized by pre-existing law.'''

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	The Republic of Texas constitution (1836) did not have a similar provision. However, the State of Texas's first constitution (1845) did. Article VII, Section 7 read: "The Legislature shall provide by law for the compensation of all officers, servants, agents, and public contractors, not provided for by this ~~constitution~~; and shall not grant extra compensation to any officer, agent, servant, or public contractor, after such public service shall have been performed, or contract entered into for performance of same; nor grant by appropriations or otherwise any amount of money out of the Treasury of the State to any individual, on a claim real or pretended, where the same shall not have been provided for by preexisting law: provided, that nothing in this section shall be so construed as to affect the claims of persons against the Republic of Texas, heretofore existing." The state's next three constitutions (1861, 1866, & 1869) each contained a similar provision. Note that the clause regarding employment was added in 1876.		The Republic of Texas constitution (1836) did not have a similar provision. However, the State of Texas's first constitution (1845) did. Article VII, Section 7 read: "The Legislature shall provide by law for the compensation of all officers, servants, agents, and public contractors, not provided for by this Constitution; and shall not grant extra compensation to any officer, agent, servant, or public contractor, after such public service shall have been performed, or contract entered into for performance of same; nor grant by appropriations or otherwise any amount of money out of the Treasury of the State to any individual, on a claim real or pretended, where the same shall not have been provided for by preexisting law; provided, that nothing in this section shall be so construed as to affect the claims of persons against the Republic of Texas, heretofore existing." The state's next three constitutions (1861, 1866, & 1869) each contained a similar provision. Note that the clause regarding employment was added in 1876.

	The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1939/gm0632.pdf#page=2 O-632] (1939), opined that: "It is settled law that Section 44 of Article 3 prohibits the Legislature from appropriating State money to any person or corporation on any claim, unless, at the very time the appropriation is made there is already in force some pre-existing valid law constituting the claim the appropriation is made to pay a legal and valid . . . . Public offices and officers being peculiar creatures of law, their powers and duties are necessarily defined and limited by law. It follows that a public officer has authority to make for the State only such contracts as he is expressly or impliedly authorized by law to make. If, therefore, a public officer makes a contract purporting to bind the State, and in making such contract, he exceeds the limits of the authority conferred upon him by law, the contract is void and does not give rise to such an obligation as would form the basis of a judgment against the State in event the State should permit itself to be sued."		The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1939/gm0632.pdf#page=2 O-632] (1939), opined that: "It is settled law that Section 44 of Article 3 prohibits the Legislature from appropriating State money to any person or corporation on any claim, unless, at the very time the appropriation is made there is already in force some pre-existing valid law constituting the claim the appropriation is made to pay a legal and valid . . . . Public offices and officers being peculiar creatures of law, their powers and duties are necessarily defined and limited by law. It follows that a public officer has authority to make for the State only such contracts as he is expressly or impliedly authorized by law to make. If, therefore, a public officer makes a contract purporting to bind the State, and in making such contract, he exceeds the limits of the authority conferred upon him by law, the contract is void and does not give rise to such an obligation as would form the basis of a judgment against the State in event the State should permit itself to be sued."

Admin at 15:56, June 10, 2024

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	{{DISPLAYTITLE:Article III, Section 44 of the Texas Constitution (''<small>"Extra Compensation; Unauthorized Claims; Unauthorized Employment"</small>'')}}{{Texas Constitution\|text=Adopted February 15, 1876:		{{DISPLAYTITLE:Article III, Section 44 of the Texas Constitution (''<small>"Extra Compensation; Unauthorized Claims; Unauthorized Employment"</small>'')}}{{Texas Constitution\|text=Adopted February 15, 1876:

	~~'''~~The Legislature shall provide by law for the compensation of all officers, servants, agents and public contractors, not provided for in this ~~constitution~~, but shall not grant extra compensation to any officer, agent, servant, or public contractors, after such public service shall have been performed or contract entered into, for the performance of the same; nor grant, by appropriation or otherwise, any amount of money out of the Treasury of the State, to any individual, on a claim, real or pretended, when the same shall not have been provided for by pre-existing law; nor employ any one in the name of the State, unless authorized by pre-existing law.~~'''~~		The Legislature shall provide by law for the compensation of all officers, servants, agents and public contractors, not provided for in this Constitution, but shall not grant extra compensation to any officer, agent, servant, or public contractors, after such public service shall have been performed or contract entered into, for the performance of the same; nor grant, by appropriation or otherwise, any amount of money out of the Treasury of the State, to any individual, on a claim, real or pretended, when the same shall not have been provided for by pre-existing law; nor employ any one in the name of the State, unless authorized by pre-existing law.

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	\|seo_keywords=Article 3 Section 44, extra compensation, unauthorized claims		\|seo_keywords=Article 3 Section 44, extra compensation, unauthorized claims
	\|seo_description=The Legislature shall provide by law for the compensation of all officers, servants, agents and public contractors.		\|seo_description=The Legislature shall provide by law for the compensation of all officers, servants, agents and public contractors.
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Admin at 15:03, August 31, 2023

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	The Republic of Texas constitution (1836) did not have a similar provision. However, the State of Texas's first constitution (1845) did. Article VII, Section 7 read: "The Legislature shall provide by law for the compensation of all officers, servants, agents, and public contractors, not provided for by this constitution; and shall not grant extra compensation to any officer, agent, servant, or public contractor, after such public service shall have been performed, or contract entered into for performance of same; nor grant by appropriations or otherwise any amount of money out of the Treasury of the State to any individual, on a claim real or pretended, where the same shall not have been provided for by preexisting law: provided, that nothing in this section shall be so construed as to affect the claims of persons against the Republic of Texas, heretofore existing." The state's next three constitutions (1861, 1866, & 1869) each contained a similar provision. Note that the clause regarding employment was added in 1876.		The Republic of Texas constitution (1836) did not have a similar provision. However, the State of Texas's first constitution (1845) did. Article VII, Section 7 read: "The Legislature shall provide by law for the compensation of all officers, servants, agents, and public contractors, not provided for by this constitution; and shall not grant extra compensation to any officer, agent, servant, or public contractor, after such public service shall have been performed, or contract entered into for performance of same; nor grant by appropriations or otherwise any amount of money out of the Treasury of the State to any individual, on a claim real or pretended, where the same shall not have been provided for by preexisting law: provided, that nothing in this section shall be so construed as to affect the claims of persons against the Republic of Texas, heretofore existing." The state's next three constitutions (1861, 1866, & 1869) each contained a similar provision. Note that the clause regarding employment was added in 1876.

	The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1939/gm0632.pdf#page=2 O-632] (1939), opined that: "It is settled law that Section 44 of Article 3 prohibits the Legislature from appropriating State money to any person or corporation on any claim, unless, at the very time the appropriation is made there is already in force some pre-existing valid law constituting the claim the appropriation is made to pay a legal and valid ~~obligation~~ . . . . Public offices and officers being peculiar creatures of law, their powers and duties are necessarily defined and limited by law. It follows that a public officer has authority to make for the State only such contracts as he is expressly or impliedly authorized by law to make. If, therefore, a public officer makes a contract purporting to bind the State, and in making such contract, he exceeds the limits of the authority conferred upon him by law, the contract is void and does not give rise to such an obligation as would form the basis of a judgment against the State in event the State should permit itself to be sued."		The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1939/gm0632.pdf#page=2 O-632] (1939), opined that: "It is settled law that Section 44 of Article 3 prohibits the Legislature from appropriating State money to any person or corporation on any claim, unless, at the very time the appropriation is made there is already in force some pre-existing valid law constituting the claim the appropriation is made to pay a legal and valid . . . . Public offices and officers being peculiar creatures of law, their powers and duties are necessarily defined and limited by law. It follows that a public officer has authority to make for the State only such contracts as he is expressly or impliedly authorized by law to make. If, therefore, a public officer makes a contract purporting to bind the State, and in making such contract, he exceeds the limits of the authority conferred upon him by law, the contract is void and does not give rise to such an obligation as would form the basis of a judgment against the State in event the State should permit itself to be sued."

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Admin at 15:02, August 31, 2023

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	The Republic of Texas constitution (1836) did not have a similar provision. However, the State of Texas's first constitution (1845) did. Article VII, Section 7 read: "The Legislature shall provide by law for the compensation of all officers, servants, agents, and public contractors, not provided for by this constitution; and shall not grant extra compensation to any officer, agent, servant, or public contractor, after such public service shall have been performed, or contract entered into for performance of same; nor grant by appropriations or otherwise any amount of money out of the Treasury of the State to any individual, on a claim real or pretended, where the same shall not have been provided for by preexisting law: provided, that nothing in this section shall be so construed as to affect the claims of persons against the Republic of Texas, heretofore existing." The state's next three constitutions (1861, 1866, & 1869) each contained a similar provision. Note that the clause regarding employment was added in 1876.		The Republic of Texas constitution (1836) did not have a similar provision. However, the State of Texas's first constitution (1845) did. Article VII, Section 7 read: "The Legislature shall provide by law for the compensation of all officers, servants, agents, and public contractors, not provided for by this constitution; and shall not grant extra compensation to any officer, agent, servant, or public contractor, after such public service shall have been performed, or contract entered into for performance of same; nor grant by appropriations or otherwise any amount of money out of the Treasury of the State to any individual, on a claim real or pretended, where the same shall not have been provided for by preexisting law: provided, that nothing in this section shall be so construed as to affect the claims of persons against the Republic of Texas, heretofore existing." The state's next three constitutions (1861, 1866, & 1869) each contained a similar provision. Note that the clause regarding employment was added in 1876.

	The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1939/gm0632.pdf#page=2 O-632] (1939), opined that: "It is settled law that Section 44 of Article 3 prohibits the Legislature from appropriating State money to any person or corporation on any claim, unless, at the very time the appropriation is made there is already in force some pre-existing valid law constituting the claim the appropriation is made to pay a legal and valid obligation ~~against the State~~. . . . Public offices and officers being peculiar creatures of law, their powers and duties are necessarily defined and limited by law. It follows that a public officer has authority to make for the State only such contracts as he is expressly or impliedly authorized by law to make. If, therefore, a public officer makes a contract purporting to bind the State, and in making such contract, he exceeds the limits of the authority conferred upon him by law, the contract is void and does not give rise to such an obligation as would form the basis of a judgment against the State in event the State should permit itself to be sued."		The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1939/gm0632.pdf#page=2 O-632] (1939), opined that: "It is settled law that Section 44 of Article 3 prohibits the Legislature from appropriating State money to any person or corporation on any claim, unless, at the very time the appropriation is made there is already in force some pre-existing valid law constituting the claim the appropriation is made to pay a legal and valid obligation . . . . Public offices and officers being peculiar creatures of law, their powers and duties are necessarily defined and limited by law. It follows that a public officer has authority to make for the State only such contracts as he is expressly or impliedly authorized by law to make. If, therefore, a public officer makes a contract purporting to bind the State, and in making such contract, he exceeds the limits of the authority conferred upon him by law, the contract is void and does not give rise to such an obligation as would form the basis of a judgment against the State in event the State should permit itself to be sued."

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Admin at 15:02, August 31, 2023

2023-08-31T15:02:01Z

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	The Republic of Texas constitution (1836) did not have a similar provision. However, the State of Texas's first constitution (1845) did. Article VII, Section 7 read: "The Legislature shall provide by law for the compensation of all officers, servants, agents, and public contractors, not provided for by this constitution; and shall not grant extra compensation to any officer, agent, servant, or public contractor, after such public service shall have been performed, or contract entered into for performance of same; nor grant by appropriations or otherwise any amount of money out of the Treasury of the State to any individual, on a claim real or pretended, where the same shall not have been provided for by preexisting law: provided, that nothing in this section shall be so construed as to affect the claims of persons against the Republic of Texas, heretofore existing." The state's next three constitutions (1861, 1866, & 1869) each contained a similar provision. Note that the clause regarding employment was added in 1876.		The Republic of Texas constitution (1836) did not have a similar provision. However, the State of Texas's first constitution (1845) did. Article VII, Section 7 read: "The Legislature shall provide by law for the compensation of all officers, servants, agents, and public contractors, not provided for by this constitution; and shall not grant extra compensation to any officer, agent, servant, or public contractor, after such public service shall have been performed, or contract entered into for performance of same; nor grant by appropriations or otherwise any amount of money out of the Treasury of the State to any individual, on a claim real or pretended, where the same shall not have been provided for by preexisting law: provided, that nothing in this section shall be so construed as to affect the claims of persons against the Republic of Texas, heretofore existing." The state's next three constitutions (1861, 1866, & 1869) each contained a similar provision. Note that the clause regarding employment was added in 1876.

	The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1939/gm0632.pdf#page=2 O-632] (1939), opined that: "It is settled law that Section 44 of Article 3 prohibits the Legislature from appropriating State money to any person or corporation on any claim, unless, at the very time the appropriation is made there is already in force some pre-existing valid law constituting the claim the appropriation is made to pay a legal and valid obligation against the State. ~~And by legal obligation is meant such obligation as would be enforced by the courts against the State, in the event the Legislature should permit the State to be sued~~. ~~Fort Worth Cavalry Club vs~~. ~~Sheppard, [83 S.W.2d 660 (Tex. 1935)]~~. Public offices and officers being peculiar creatures of law, their powers and duties are necessarily defined and limited by law. It follows that a public officer has authority to make for the State only such contracts as he is expressly or impliedly authorized by law to make. If, therefore, a public officer makes a contract purporting to bind the State, and in making such contract, he exceeds the limits of the authority conferred upon him by law, the contract is void and does not give rise to such an obligation as would form the basis of a judgment against the State in event the State should permit itself to be sued."		The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1939/gm0632.pdf#page=2 O-632] (1939), opined that: "It is settled law that Section 44 of Article 3 prohibits the Legislature from appropriating State money to any person or corporation on any claim, unless, at the very time the appropriation is made there is already in force some pre-existing valid law constituting the claim the appropriation is made to pay a legal and valid obligation against the State. . . . Public offices and officers being peculiar creatures of law, their powers and duties are necessarily defined and limited by law. It follows that a public officer has authority to make for the State only such contracts as he is expressly or impliedly authorized by law to make. If, therefore, a public officer makes a contract purporting to bind the State, and in making such contract, he exceeds the limits of the authority conferred upon him by law, the contract is void and does not give rise to such an obligation as would form the basis of a judgment against the State in event the State should permit itself to be sued."

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Admin at 14:59, August 31, 2023

2023-08-31T14:59:27Z

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	The Republic of Texas constitution (1836) did not have a similar provision. However, the State of Texas's first constitution (1845) did. Article VII, Section 7 read: "The Legislature shall provide by law for the compensation of all officers, servants, agents, and public contractors, not provided for by this constitution; and shall not grant extra compensation to any officer, agent, servant, or public contractor, after such public service shall have been performed, or contract entered into for performance of same; nor grant by appropriations or otherwise any amount of money out of the Treasury of the State to any individual, on a claim real or pretended, where the same shall not have been provided for by preexisting law: provided, that nothing in this section shall be so construed as to affect the claims of persons against the Republic of Texas, heretofore existing." The state's next three constitutions (1861, 1866, & 1869) each contained a similar provision. Note that the clause regarding employment was added in 1876.		The Republic of Texas constitution (1836) did not have a similar provision. However, the State of Texas's first constitution (1845) did. Article VII, Section 7 read: "The Legislature shall provide by law for the compensation of all officers, servants, agents, and public contractors, not provided for by this constitution; and shall not grant extra compensation to any officer, agent, servant, or public contractor, after such public service shall have been performed, or contract entered into for performance of same; nor grant by appropriations or otherwise any amount of money out of the Treasury of the State to any individual, on a claim real or pretended, where the same shall not have been provided for by preexisting law: provided, that nothing in this section shall be so construed as to affect the claims of persons against the Republic of Texas, heretofore existing." The state's next three constitutions (1861, 1866, & 1869) each contained a similar provision. Note that the clause regarding employment was added in 1876.

	The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1939/gm0632.pdf#page=2 O-632] (1939), opined that: "It is settled law that Section 44 of Article 3 prohibits the Legislature from appropriating State money to any person or corporation on any claim, unless, at the very time the appropriation is made there is already in force some pre-existing valid law constituting the claim the appropriation is made to pay a legal and valid obligation against the State. And by legal obligation is meant such obligation as would be enforced by the courts against the State, in the event the Legislature should permit the State to be sued. Fort Worth Cavalry Club vs~~. Sheppard Fort Worth Cavalry Club, Inc. v~~. Sheppard, [83 S.W.2d 660 (Tex. 1935)]. Public offices and officers being peculiar creatures of law, their powers and duties are necessarily defined and limited by law. It follows that a public officer has authority to make for the State only such contracts as he is expressly or impliedly authorized by law to make. If, therefore, a public officer makes a contract purporting to bind the State, and in making such contract, he exceeds the limits of the authority conferred upon him by law, the contract is void and does not give rise to such an obligation as would form the basis of a judgment against the State in event the State should permit itself to be sued."		The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1939/gm0632.pdf#page=2 O-632] (1939), opined that: "It is settled law that Section 44 of Article 3 prohibits the Legislature from appropriating State money to any person or corporation on any claim, unless, at the very time the appropriation is made there is already in force some pre-existing valid law constituting the claim the appropriation is made to pay a legal and valid obligation against the State. And by legal obligation is meant such obligation as would be enforced by the courts against the State, in the event the Legislature should permit the State to be sued. Fort Worth Cavalry Club vs. Sheppard, [83 S.W.2d 660 (Tex. 1935)]. Public offices and officers being peculiar creatures of law, their powers and duties are necessarily defined and limited by law. It follows that a public officer has authority to make for the State only such contracts as he is expressly or impliedly authorized by law to make. If, therefore, a public officer makes a contract purporting to bind the State, and in making such contract, he exceeds the limits of the authority conferred upon him by law, the contract is void and does not give rise to such an obligation as would form the basis of a judgment against the State in event the State should permit itself to be sued."

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Admin at 14:58, August 31, 2023

2023-08-31T14:58:13Z

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	The Republic of Texas constitution (1836) did not have a similar provision. However, the State of Texas's first constitution (1845) did. Article VII, Section 7 read: "The Legislature shall provide by law for the compensation of all officers, servants, agents, and public contractors, not provided for by this constitution; and shall not grant extra compensation to any officer, agent, servant, or public contractor, after such public service shall have been performed, or contract entered into for performance of same; nor grant by appropriations or otherwise any amount of money out of the Treasury of the State to any individual, on a claim real or pretended, where the same shall not have been provided for by preexisting law: provided, that nothing in this section shall be so construed as to affect the claims of persons against the Republic of Texas, heretofore existing." The state's next three constitutions (1861, 1866, & 1869) each contained a similar provision. Note that the clause regarding employment was added in 1876.		The Republic of Texas constitution (1836) did not have a similar provision. However, the State of Texas's first constitution (1845) did. Article VII, Section 7 read: "The Legislature shall provide by law for the compensation of all officers, servants, agents, and public contractors, not provided for by this constitution; and shall not grant extra compensation to any officer, agent, servant, or public contractor, after such public service shall have been performed, or contract entered into for performance of same; nor grant by appropriations or otherwise any amount of money out of the Treasury of the State to any individual, on a claim real or pretended, where the same shall not have been provided for by preexisting law: provided, that nothing in this section shall be so construed as to affect the claims of persons against the Republic of Texas, heretofore existing." The state's next three constitutions (1861, 1866, & 1869) each contained a similar provision. Note that the clause regarding employment was added in 1876.

	The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1939/gm0632.pdf#page=2 O-632] (1939), opined that: "It is settled law that Section 44 of Article 3 prohibits the Legislature from appropriating State money to any person or corporation on any claim, unless, at the very time the appropriation is made there is already in force some pre-existing valid law constituting the claim the appropriation is made to pay a legal and valid obligation against the State. And by legal obligation is meant such obligation as would be enforced by the courts against the State, in the event the Legislature should permit the State to be sued. Fort Worth Cavalry Club vs. Sheppard ~~(Supreme Court)~~, 83 S. W. (2) ~~660~~. Public offices and officers being peculiar creatures of law, their powers and duties are necessarily defined and limited by law. It follows that a public officer has authority to make for the State only such contracts as he is expressly or impliedly authorized by law to make. If, therefore, a public officer makes a contract purporting to bind the State, and in making such contract, he exceeds the limits of the authority conferred upon him by law, the contract is void and does not give rise to such an obligation as would form the basis of a judgment against the State in event the State should permit itself to be sued."		The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1939/gm0632.pdf#page=2 O-632] (1939), opined that: "It is settled law that Section 44 of Article 3 prohibits the Legislature from appropriating State money to any person or corporation on any claim, unless, at the very time the appropriation is made there is already in force some pre-existing valid law constituting the claim the appropriation is made to pay a legal and valid obligation against the State. And by legal obligation is meant such obligation as would be enforced by the courts against the State, in the event the Legislature should permit the State to be sued. Fort Worth Cavalry Club vs. Sheppard Fort Worth Cavalry Club, Inc. v. Sheppard, [83 S.W.2d 660 (Tex. 1935)]. Public offices and officers being peculiar creatures of law, their powers and duties are necessarily defined and limited by law. It follows that a public officer has authority to make for the State only such contracts as he is expressly or impliedly authorized by law to make. If, therefore, a public officer makes a contract purporting to bind the State, and in making such contract, he exceeds the limits of the authority conferred upon him by law, the contract is void and does not give rise to such an obligation as would form the basis of a judgment against the State in event the State should permit itself to be sued."

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Admin: Undo revision 6954 by Admin (talk)

2023-08-31T14:56:17Z

Undo revision 6954 by Admin (talk)

← Older revision		Revision as of 09:56, August 31, 2023
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	The Republic of Texas constitution (1836) did not have a similar provision. However, the State of Texas's first constitution (1845) did. Article VII, Section 7 read: "The Legislature shall provide by law for the compensation of all officers, servants, agents, and public contractors, not provided for by this constitution; and shall not grant extra compensation to any officer, agent, servant, or public contractor, after such public service shall have been performed, or contract entered into for performance of same; nor grant by appropriations or otherwise any amount of money out of the Treasury of the State to any individual, on a claim real or pretended, where the same shall not have been provided for by preexisting law: provided, that nothing in this section shall be so construed as to affect the claims of persons against the Republic of Texas, heretofore existing." The state's next three constitutions (1861, 1866, & 1869) each contained a similar provision. Note that the clause regarding employment was added in 1876.		The Republic of Texas constitution (1836) did not have a similar provision. However, the State of Texas's first constitution (1845) did. Article VII, Section 7 read: "The Legislature shall provide by law for the compensation of all officers, servants, agents, and public contractors, not provided for by this constitution; and shall not grant extra compensation to any officer, agent, servant, or public contractor, after such public service shall have been performed, or contract entered into for performance of same; nor grant by appropriations or otherwise any amount of money out of the Treasury of the State to any individual, on a claim real or pretended, where the same shall not have been provided for by preexisting law: provided, that nothing in this section shall be so construed as to affect the claims of persons against the Republic of Texas, heretofore existing." The state's next three constitutions (1861, 1866, & 1869) each contained a similar provision. Note that the clause regarding employment was added in 1876.

	The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1939/gm0632.pdf#page=2 O-632] (1939~~) (citation omitted~~), opined that: "It is settled law that Section 44 of Article 3 prohibits the Legislature from appropriating State money to any person or corporation on any claim, unless, at the very time the appropriation is made there is already in force some pre-existing valid law constituting the claim the appropriation is made to pay a legal and valid obligation against the State. And by legal obligation is meant such obligation as would be enforced by the courts against the State, in the event the Legislature should permit the State to be sued. Public offices and officers being peculiar creatures of law, their powers and duties are necessarily defined and limited by law. It follows that a public officer has authority to make for the State only such contracts as he is expressly or impliedly authorized by law to make. If, therefore, a public officer makes a contract purporting to bind the State, and in making such contract, he exceeds the limits of the authority conferred upon him by law, the contract is void and does not give rise to such an obligation as would form the basis of a judgment against the State in event the State should permit itself to be sued."		The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1939/gm0632.pdf#page=2 O-632] (1939), opined that: "It is settled law that Section 44 of Article 3 prohibits the Legislature from appropriating State money to any person or corporation on any claim, unless, at the very time the appropriation is made there is already in force some pre-existing valid law constituting the claim the appropriation is made to pay a legal and valid obligation against the State. And by legal obligation is meant such obligation as would be enforced by the courts against the State, in the event the Legislature should permit the State to be sued. Fort Worth Cavalry Club vs. Sheppard (Supreme Court), 83 S. W. (2) 660. Public offices and officers being peculiar creatures of law, their powers and duties are necessarily defined and limited by law. It follows that a public officer has authority to make for the State only such contracts as he is expressly or impliedly authorized by law to make. If, therefore, a public officer makes a contract purporting to bind the State, and in making such contract, he exceeds the limits of the authority conferred upon him by law, the contract is void and does not give rise to such an obligation as would form the basis of a judgment against the State in event the State should permit itself to be sued."

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