Texas Constitution:Article III, Section 48 - Revision history

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	* ''Friedman v. American Surety Co.'', 151 S.W.2d 570, [https://texaslegalguide.com/images/151_SW2_570.pdf#page=8 577] (Tex. 1941) ("The effect of this constitutional provision is to prohibit the Legislature from levying taxes or imposing burdens for purposes other than to administer the Government. If a tax cannot be classed as a tax to administer the Government it is unconstitutional, unless it is authorized by some other constitutional provision. The administering of Government, however, covers and embraces a very large field of action. To our minds, this Act is not antagonistic to this constitutional provision. It certainly serves a public purpose. If it does so, and does not violate some other constitutional provision, it does not violate this provision.")		* ''Friedman v. American Surety Co.'', 151 S.W.2d 570, [https://texaslegalguide.com/images/151_SW2_570.pdf#page=8 577] (Tex. 1941) ("The effect of this constitutional provision is to prohibit the Legislature from levying taxes or imposing burdens for purposes other than to administer the Government. If a tax cannot be classed as a tax to administer the Government it is unconstitutional, unless it is authorized by some other constitutional provision. The administering of Government, however, covers and embraces a very large field of action. To our minds, this Act is not antagonistic to this constitutional provision. It certainly serves a public purpose. If it does so, and does not violate some other constitutional provision, it does not violate this provision.")

	* ''Storrie v. ~~Houston~~ City St. Ry. Co.'', 46 S.W. 796, [https://texaslegalguide.com/images/046_SW_796.pdf#page=3 798] (Tex. 1898) ("Section 48 embodies a prohibition against the exercise of the taxing power by the legislature except for certain purposes named. The language, 'the legislature shall not have the right to levy taxes or impose burdens upon the people,' etc., denies to the legislative department the right to exercise this power itself, and does not refer to any action by the legislature which would confer such authority upon a municipal corporation. It limits the exercise of that power by the legislature to raise revenue for the administration of the state government, as distinguished from the administration of municipal government.")		* ''Storrie v. Hous. City St. Ry. Co.'', 46 S.W. 796, [https://texaslegalguide.com/images/046_SW_796.pdf#page=3 798] (Tex. 1898) ("Section 48 embodies a prohibition against the exercise of the taxing power by the legislature except for certain purposes named. The language, 'the legislature shall not have the right to levy taxes or impose burdens upon the people,' etc., denies to the legislative department the right to exercise this power itself, and does not refer to any action by the legislature which would confer such authority upon a municipal corporation. It limits the exercise of that power by the legislature to raise revenue for the administration of the state government, as distinguished from the administration of municipal government.")

	\|seo_title=Featured Article: Article III, Section 48 of the Texas Constitution ("Repealed")		\|seo_title=Featured Article: Article III, Section 48 of the Texas Constitution ("Repealed")

Admin at 21:42, June 10, 2024

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	An article written by an expert on the constitutional history of Texas states that: "The [Constitutional Convention of 1875] tried to turn the legislature into one of limited rather than plenary powers by enumerating subjects on which it could legislate (Art. III, Sec. 48), but the provision was never enforced by the courts." Janice May, ''Government'' at [https://www.tshaonline.org/handbook/entries/government 1], Texas State Historical Association Handbook of Texas Online.		An article written by an expert on the constitutional history of Texas states that: "The [Constitutional Convention of 1875] tried to turn the legislature into one of limited rather than plenary powers by enumerating subjects on which it could legislate (Art. III, Sec. 48), but the provision was never enforced by the courts." Janice May, ''Government'' at [https://www.tshaonline.org/handbook/entries/government 1], Texas State Historical Association Handbook of Texas Online.

	However, as construed by the Legislature, the Attorney General and ultimately the Supreme Court, this section simply limited taxation to public purposes. See, e.g., ''House Journal'', 28th Tex. ~~Legislature~~, R.S., [https://lrl.texas.gov/scanned/Housejournals/28/H_28_0.pdf#page=346 345-46] (1903) (Judiciary Committee No. 1 report: "Legislative construction has followed this line of reasoning, and, without exception, every Legislature since the adoption of the Constitution has made appropriations for institutions and purposes that can, by no construction of language, be included in the specific purposes therein stated."); ''House Journal'', 33rd Tex. ~~Legislature~~, 2nd C.S., [https://lrl.texas.gov/scanned/Housejournals/33/H_33_2.pdf#page=24 22] (1914) (Attorney General opinion: "The Legislature is not limited to appropriating money for those things particularly enumerated in this section . . . .").		However, as construed by the Legislature, the Attorney General and ultimately the Supreme Court, this section simply limited taxation to public purposes. See, e.g., ''House Journal'', 28th Tex. Leg., R.S., [https://lrl.texas.gov/scanned/Housejournals/28/H_28_0.pdf#page=346 345-46] (1903) (Judiciary Committee No. 1 report: "Legislative construction has followed this line of reasoning, and, without exception, every Legislature since the adoption of the Constitution has made appropriations for institutions and purposes that can, by no construction of language, be included in the specific purposes therein stated."); ''House Journal'', 33rd Tex. Leg., 2nd C.S., [https://lrl.texas.gov/scanned/Housejournals/33/H_33_2.pdf#page=24 22] (1914) (Attorney General opinion: "The Legislature is not limited to appropriating money for those things particularly enumerated in this section . . . .").

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Admin at 21:30, June 10, 2024

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	The section first appeared in the Texas Constitution of 1876. Neither the Republic of Texas constitution (1836) nor any of the state's first four constitutions (1845, 1861, 1866, 1869) contained a provision with similar substantive language.		The section first appeared in the Texas Constitution of 1876. Neither the Republic of Texas constitution (1836) nor any of the state's first four constitutions (1845, 1861, 1866, 1869) contained a provision with similar substantive language.

	As adopted, it read (emphasis added): "The Legislature shall not have the right to levy taxes or impose burdens upon the people, except to raise revenue sufficient for the economical administration of the government, in which ''may be included'' the following purposes: [1] The payment of all interest upon the bonded debt of the State; [2] The erection and repairs of public buildings; [3] The benefit of the sinking fund, which shall not be more than two per centum of the public debt; and for the payment of the present floating debt of the State, including matured bonds for the payment of which the sinking fund is inadequate; [4] The support of public schools, in which shall be included colleges and universities established by the State; and the maintenance and support of the Agricultural and Mechanical College of Texas; [5] The payment of the cost of assessing and collecting the revenue; and the payment of all officers, agents and ~~employes [sic]~~ of the State ~~government~~, and all incidental expenses connected therewith; [6] The support of the Blind Asylum, the Deaf and Dumb Asylum, and the Insane Asylum; the State Cemetery and the public grounds of the State; [7] The enforcement of quarantine regulations on the coast of Texas; [8] The protection of the frontier."		As adopted, it read (emphasis added): "The Legislature shall not have the right to levy taxes or impose burdens upon the people, except to raise revenue sufficient for the economical administration of the government, in which ''may be included'' the following purposes: [1] The payment of all interest upon the bonded debt of the State; [2] The erection and repairs of public buildings; [3] The benefit of the sinking fund, which shall not be more than two per centum of the public debt; and for the payment of the present floating debt of the State, including matured bonds for the payment of which the sinking fund is inadequate; [4] The support of public schools, in which shall be included colleges and universities established by the State; and the maintenance and support of the Agricultural and Mechanical College of Texas; [5] The payment of the cost of assessing and collecting the revenue; and the payment of all officers, agents and employees of the State Government, and all incidental expenses connected therewith; [6] The support of the Blind Asylum, the Deaf and Dumb Asylum, and the Insane Asylum; the State Cemetery and the public grounds of the State; [7] The enforcement of quarantine regulations on the coast of Texas; [8] The protection of the frontier."

	Note that Article VIII, Section [[Texas Constitution:Article VIII, Section 3\|3]], adopted in 1876 and never amended, expressly limits taxation to public purposes.		Note that Article VIII, Section [[Texas Constitution:Article VIII, Section 3\|3]], adopted in 1876 and never amended, expressly limits taxation to public purposes.

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	\|seo_keywords=Article 3 Section 48, public purpose, deadwood amendment		\|seo_keywords=Article 3 Section 48, public purpose, deadwood amendment
	\|seo_description=As construed, this former section simply limited state taxation to public purposes.		\|seo_description=As construed, this former section simply limited state taxation to public purposes.
	\|seo_image=~~Texas_Constitution_of_1876_Article_3~~.jpg		\|seo_image=mod_Texas_Constitution_of_1876_Article_3.jpg
	\|seo_image_alt=Article III: Legislative Department		\|seo_image_alt=Article III: Legislative Department

Admin at 20:52, August 11, 2023

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	The section first appeared in the Texas Constitution of 1876. Neither the Republic of Texas constitution (1836) nor any of the state's first four constitutions (1845, 1861, 1866, 1869) contained a provision with similar substantive language.		The section first appeared in the Texas Constitution of 1876. Neither the Republic of Texas constitution (1836) nor any of the state's first four constitutions (1845, 1861, 1866, 1869) contained a provision with similar substantive language.

	As adopted, it read (emphasis added): "The Legislature shall not have the right to levy taxes or impose burdens upon the people, except to raise revenue sufficient for the economical administration of the government, ''~~in which~~ may be included'' the following purposes: [1] The payment of all interest upon the bonded debt of the State; [2] The erection and repairs of public buildings; [3] The benefit of the sinking fund, which shall not be more than two per centum of the public debt; and for the payment of the present floating debt of the State, including matured bonds for the payment of which the sinking fund is inadequate; [4] The support of public schools, in which shall be included colleges and universities established by the State; and the maintenance and support of the Agricultural and Mechanical College of Texas; [5] The payment of the cost of assessing and collecting the revenue; and the payment of all officers, agents and employes [sic] of the State government, and all incidental expenses connected therewith; [6] The support of the Blind Asylum, the Deaf and Dumb Asylum, and the Insane Asylum; the State Cemetery and the public grounds of the State; [7] The enforcement of quarantine regulations on the coast of Texas; [8] The protection of the frontier."		As adopted, it read (emphasis added): "The Legislature shall not have the right to levy taxes or impose burdens upon the people, except to raise revenue sufficient for the economical administration of the government, in which ''may be included'' the following purposes: [1] The payment of all interest upon the bonded debt of the State; [2] The erection and repairs of public buildings; [3] The benefit of the sinking fund, which shall not be more than two per centum of the public debt; and for the payment of the present floating debt of the State, including matured bonds for the payment of which the sinking fund is inadequate; [4] The support of public schools, in which shall be included colleges and universities established by the State; and the maintenance and support of the Agricultural and Mechanical College of Texas; [5] The payment of the cost of assessing and collecting the revenue; and the payment of all officers, agents and employes [sic] of the State government, and all incidental expenses connected therewith; [6] The support of the Blind Asylum, the Deaf and Dumb Asylum, and the Insane Asylum; the State Cemetery and the public grounds of the State; [7] The enforcement of quarantine regulations on the coast of Texas; [8] The protection of the frontier."

	Note that Article VIII, Section [[Texas Constitution:Article VIII, Section 3\|3]], adopted in 1876 and never amended, expressly limits taxation to public purposes.		Note that Article VIII, Section [[Texas Constitution:Article VIII, Section 3\|3]], adopted in 1876 and never amended, expressly limits taxation to public purposes.

Admin at 13:39, August 11, 2023

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	The section first appeared in the Texas Constitution of 1876. Neither the Republic of Texas constitution (1836) nor any of the state's first four constitutions (1845, 1861, 1866, 1869) contained a provision with similar substantive language.		The section first appeared in the Texas Constitution of 1876. Neither the Republic of Texas constitution (1836) nor any of the state's first four constitutions (1845, 1861, 1866, 1869) contained a provision with similar substantive language.

	As adopted ~~in 1876~~, it read (emphasis added): "The Legislature shall not have the right to levy taxes or impose burdens upon the people, except to raise revenue sufficient for the economical administration of the government, ''in which may be included'' the following purposes: [1] The payment of all interest upon the bonded debt of the State; [2] The erection and repairs of public buildings; [3] The benefit of the sinking fund, which shall not be more than two per centum of the public debt; and for the payment of the present floating debt of the State, including matured bonds for the payment of which the sinking fund is inadequate; [4] The support of public schools, in which shall be included colleges and universities established by the State; and the maintenance and support of the Agricultural and Mechanical College of Texas; [5] The payment of the cost of assessing and collecting the revenue; and the payment of all officers, agents and employes [sic] of the State government, and all incidental expenses connected therewith; [6] The support of the Blind Asylum, the Deaf and Dumb Asylum, and the Insane Asylum; the State Cemetery and the public grounds of the State; [7] The enforcement of quarantine regulations on the coast of Texas; [8] The protection of the frontier."		As adopted, it read (emphasis added): "The Legislature shall not have the right to levy taxes or impose burdens upon the people, except to raise revenue sufficient for the economical administration of the government, ''in which may be included'' the following purposes: [1] The payment of all interest upon the bonded debt of the State; [2] The erection and repairs of public buildings; [3] The benefit of the sinking fund, which shall not be more than two per centum of the public debt; and for the payment of the present floating debt of the State, including matured bonds for the payment of which the sinking fund is inadequate; [4] The support of public schools, in which shall be included colleges and universities established by the State; and the maintenance and support of the Agricultural and Mechanical College of Texas; [5] The payment of the cost of assessing and collecting the revenue; and the payment of all officers, agents and employes [sic] of the State government, and all incidental expenses connected therewith; [6] The support of the Blind Asylum, the Deaf and Dumb Asylum, and the Insane Asylum; the State Cemetery and the public grounds of the State; [7] The enforcement of quarantine regulations on the coast of Texas; [8] The protection of the frontier."

	Note that Article VIII, Section [[Texas Constitution:Article VIII, Section 3\|3]], adopted in 1876 and never amended, expressly limits taxation to public purposes.		Note that Article VIII, Section [[Texas Constitution:Article VIII, Section 3\|3]], adopted in 1876 and never amended, expressly limits taxation to public purposes.

Admin at 18:23, August 10, 2023

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Admin at 16:20, August 10, 2023

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	As adopted in 1876, it read: "The Legislature shall not have the right to levy taxes or impose burdens upon the people, except to raise revenue sufficient for the economical administration of the government, in which may be included the following purposes: [1] The payment of all interest upon the bonded debt of the State; [2] The erection and repairs of public buildings; [3] The benefit of the sinking fund, which shall not be more than two per centum of the public debt; and for the payment of the present floating debt of the State, including matured bonds for the payment of which the sinking fund is inadequate; [4] The support of public schools, in which shall be included colleges and universities established by the State; and the maintenance and support of the Agricultural and Mechanical College of Texas; [5] The payment of the cost of assessing and collecting the revenue; and the payment of all officers, agents and employes [sic] of the State government, and all incidental expenses connected therewith; [6] The support of the Blind Asylum, the Deaf and Dumb Asylum, and the Insane Asylum; the State Cemetery and the public grounds of the State; [7] The enforcement of quarantine regulations on the coast of Texas; [8] The protection of the frontier."		As adopted in 1876, it read: "The Legislature shall not have the right to levy taxes or impose burdens upon the people, except to raise revenue sufficient for the economical administration of the government, in which may be included the following purposes: [1] The payment of all interest upon the bonded debt of the State; [2] The erection and repairs of public buildings; [3] The benefit of the sinking fund, which shall not be more than two per centum of the public debt; and for the payment of the present floating debt of the State, including matured bonds for the payment of which the sinking fund is inadequate; [4] The support of public schools, in which shall be included colleges and universities established by the State; and the maintenance and support of the Agricultural and Mechanical College of Texas; [5] The payment of the cost of assessing and collecting the revenue; and the payment of all officers, agents and employes [sic] of the State government, and all incidental expenses connected therewith; [6] The support of the Blind Asylum, the Deaf and Dumb Asylum, and the Insane Asylum; the State Cemetery and the public grounds of the State; [7] The enforcement of quarantine regulations on the coast of Texas; [8] The protection of the frontier."

	Note that Article VIII, Section [[Texas Constitution:Article VIII, Section 3\|3]], ~~also~~ adopted in 1876 and never amended, expressly limits taxation to public purposes.		Note that Article VIII, Section [[Texas Constitution:Article VIII, Section 3\|3]], adopted in 1876 and never amended, expressly limits taxation to public purposes.

	An article written by an expert on the constitutional history of Texas states that: "The [Constitutional Convention of 1875] tried to turn the legislature into one of limited rather than plenary powers by enumerating subjects on which it could legislate (Art. III, Sec. 48), but the provision was never enforced by the courts." Janice May, ''Government'' at [https://www.tshaonline.org/handbook/entries/government 1], Texas State Historical Association Handbook of Texas Online.		An article written by an expert on the constitutional history of Texas states that: "The [Constitutional Convention of 1875] tried to turn the legislature into one of limited rather than plenary powers by enumerating subjects on which it could legislate (Art. III, Sec. 48), but the provision was never enforced by the courts." Janice May, ''Government'' at [https://www.tshaonline.org/handbook/entries/government 1], Texas State Historical Association Handbook of Texas Online.

Admin at 16:14, August 10, 2023

2023-08-10T16:14:29Z

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	An article written by an expert on the constitutional history of Texas states that: "The [Constitutional Convention of 1875] tried to turn the legislature into one of limited rather than plenary powers by enumerating subjects on which it could legislate (Art. III, Sec. 48), but the provision was never enforced by the courts." Janice May, ''Government'' at [https://www.tshaonline.org/handbook/entries/government 1], Texas State Historical Association Handbook of Texas Online.		An article written by an expert on the constitutional history of Texas states that: "The [Constitutional Convention of 1875] tried to turn the legislature into one of limited rather than plenary powers by enumerating subjects on which it could legislate (Art. III, Sec. 48), but the provision was never enforced by the courts." Janice May, ''Government'' at [https://www.tshaonline.org/handbook/entries/government 1], Texas State Historical Association Handbook of Texas Online.

	However, as construed by the Legislature, the Attorney General and ultimately the Supreme Court, ~~the former~~ section simply limited taxation to public purposes. See, e.g., ''House Journal'', 28th Legislature, R.S., [https://lrl.texas.gov/scanned/Housejournals/28/H_28_0.pdf#page=346 345-46] (1903) (Judiciary Committee No. 1 report: "Legislative construction has followed this line of reasoning, and, without exception, every Legislature since the adoption of the Constitution has made appropriations for institutions and purposes that can, by no construction of language, be included in the specific purposes therein stated."); ''House Journal'', 33rd Legislature, 2nd C.S., [https://lrl.texas.gov/scanned/Housejournals/33/H_33_2.pdf#page=24 22] (1914) (Attorney General opinion: "The Legislature is not limited to appropriating money for those things particularly enumerated in this section . . . .").		However, as construed by the Legislature, the Attorney General and ultimately the Supreme Court, this section simply limited taxation to public purposes. See, e.g., ''House Journal'', 28th Legislature, R.S., [https://lrl.texas.gov/scanned/Housejournals/28/H_28_0.pdf#page=346 345-46] (1903) (Judiciary Committee No. 1 report: "Legislative construction has followed this line of reasoning, and, without exception, every Legislature since the adoption of the Constitution has made appropriations for institutions and purposes that can, by no construction of language, be included in the specific purposes therein stated."); ''House Journal'', 33rd Legislature, 2nd C.S., [https://lrl.texas.gov/scanned/Housejournals/33/H_33_2.pdf#page=24 22] (1914) (Attorney General opinion: "The Legislature is not limited to appropriating money for those things particularly enumerated in this section . . . .").

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Admin at 16:09, August 10, 2023

2023-08-10T16:09:20Z

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	The former section was never amended. Categorized as "deadwood," it and numerous other sections were repealed by the same [https://lrl.texas.gov/scanned/Constitutional_Amendments/amendments61_tlc_1969-08-05.pdf#page=9 ballot proposition].		The former section was never amended. Categorized as "deadwood," it and numerous other sections were repealed by the same [https://lrl.texas.gov/scanned/Constitutional_Amendments/amendments61_tlc_1969-08-05.pdf#page=9 ballot proposition].

	The section first appeared in the Texas Constitution of 1876. Neither the Republic of Texas constitution (1836) nor any of the state's first four constitutions (1845, 1861, 1866, or 1869) contained a section with similar substantive language.		The section first appeared in the Texas Constitution of 1876. Neither the Republic of Texas constitution (1836) nor any of the state's first four constitutions (1845, 1861, 1866, 1869) contained a section with similar substantive language.

	As adopted in 1876, it read: "The Legislature shall not have the right to levy taxes or impose burdens upon the people, except to raise revenue sufficient for the economical administration of the government, in which may be included the following purposes: [1] The payment of all interest upon the bonded debt of the State; [2] The erection and repairs of public buildings; [3] The benefit of the sinking fund, which shall not be more than two per centum of the public debt; and for the payment of the present floating debt of the State, including matured bonds for the payment of which the sinking fund is inadequate; [4] The support of public schools, in which shall be included colleges and universities established by the State; and the maintenance and support of the Agricultural and Mechanical College of Texas; [5] The payment of the cost of assessing and collecting the revenue; and the payment of all officers, agents and employes [sic] of the State government, and all incidental expenses connected therewith; [6] The support of the Blind Asylum, the Deaf and Dumb Asylum, and the Insane Asylum; the State Cemetery and the public grounds of the State; [7] The enforcement of quarantine regulations on the coast of Texas; [8] The protection of the frontier."		As adopted in 1876, it read: "The Legislature shall not have the right to levy taxes or impose burdens upon the people, except to raise revenue sufficient for the economical administration of the government, in which may be included the following purposes: [1] The payment of all interest upon the bonded debt of the State; [2] The erection and repairs of public buildings; [3] The benefit of the sinking fund, which shall not be more than two per centum of the public debt; and for the payment of the present floating debt of the State, including matured bonds for the payment of which the sinking fund is inadequate; [4] The support of public schools, in which shall be included colleges and universities established by the State; and the maintenance and support of the Agricultural and Mechanical College of Texas; [5] The payment of the cost of assessing and collecting the revenue; and the payment of all officers, agents and employes [sic] of the State government, and all incidental expenses connected therewith; [6] The support of the Blind Asylum, the Deaf and Dumb Asylum, and the Insane Asylum; the State Cemetery and the public grounds of the State; [7] The enforcement of quarantine regulations on the coast of Texas; [8] The protection of the frontier."

← Older revision		Revision as of 13:23, August 10, 2023
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	The former section was never amended. Categorized as "deadwood," it and numerous other sections were repealed by the same [https://lrl.texas.gov/scanned/Constitutional_Amendments/amendments61_tlc_1969-08-05.pdf#page=9 ballot proposition].		The former section was never amended. Categorized as "deadwood," it and numerous other sections were repealed by the same [https://lrl.texas.gov/scanned/Constitutional_Amendments/amendments61_tlc_1969-08-05.pdf#page=9 ballot proposition].

	The section first appeared in the Texas Constitution of 1876. Neither the Republic of Texas constitution (1836) nor any of the state's first four constitutions (1845, 1861, 1866, 1869) contained a ~~section~~ with similar substantive language.		The section first appeared in the Texas Constitution of 1876. Neither the Republic of Texas constitution (1836) nor any of the state's first four constitutions (1845, 1861, 1866, 1869) contained a provision with similar substantive language.

	As adopted in 1876, it read: "The Legislature shall not have the right to levy taxes or impose burdens upon the people, except to raise revenue sufficient for the economical administration of the government, in which may be included the following purposes: [1] The payment of all interest upon the bonded debt of the State; [2] The erection and repairs of public buildings; [3] The benefit of the sinking fund, which shall not be more than two per centum of the public debt; and for the payment of the present floating debt of the State, including matured bonds for the payment of which the sinking fund is inadequate; [4] The support of public schools, in which shall be included colleges and universities established by the State; and the maintenance and support of the Agricultural and Mechanical College of Texas; [5] The payment of the cost of assessing and collecting the revenue; and the payment of all officers, agents and employes [sic] of the State government, and all incidental expenses connected therewith; [6] The support of the Blind Asylum, the Deaf and Dumb Asylum, and the Insane Asylum; the State Cemetery and the public grounds of the State; [7] The enforcement of quarantine regulations on the coast of Texas; [8] The protection of the frontier."		As adopted in 1876, it read (emphasis added): "The Legislature shall not have the right to levy taxes or impose burdens upon the people, except to raise revenue sufficient for the economical administration of the government, ''in which may be included'' the following purposes: [1] The payment of all interest upon the bonded debt of the State; [2] The erection and repairs of public buildings; [3] The benefit of the sinking fund, which shall not be more than two per centum of the public debt; and for the payment of the present floating debt of the State, including matured bonds for the payment of which the sinking fund is inadequate; [4] The support of public schools, in which shall be included colleges and universities established by the State; and the maintenance and support of the Agricultural and Mechanical College of Texas; [5] The payment of the cost of assessing and collecting the revenue; and the payment of all officers, agents and employes [sic] of the State government, and all incidental expenses connected therewith; [6] The support of the Blind Asylum, the Deaf and Dumb Asylum, and the Insane Asylum; the State Cemetery and the public grounds of the State; [7] The enforcement of quarantine regulations on the coast of Texas; [8] The protection of the frontier."

	Note that Article VIII, Section [[Texas Constitution:Article VIII, Section 3\|3]], adopted in 1876 and never amended, expressly limits taxation to public purposes.		Note that Article VIII, Section [[Texas Constitution:Article VIII, Section 3\|3]], adopted in 1876 and never amended, expressly limits taxation to public purposes.
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	An article written by an expert on the constitutional history of Texas states that: "The [Constitutional Convention of 1875] tried to turn the legislature into one of limited rather than plenary powers by enumerating subjects on which it could legislate (Art. III, Sec. 48), but the provision was never enforced by the courts." Janice May, ''Government'' at [https://www.tshaonline.org/handbook/entries/government 1], Texas State Historical Association Handbook of Texas Online.		An article written by an expert on the constitutional history of Texas states that: "The [Constitutional Convention of 1875] tried to turn the legislature into one of limited rather than plenary powers by enumerating subjects on which it could legislate (Art. III, Sec. 48), but the provision was never enforced by the courts." Janice May, ''Government'' at [https://www.tshaonline.org/handbook/entries/government 1], Texas State Historical Association Handbook of Texas Online.

	However, as construed by the Legislature, the Attorney General and ultimately the Supreme Court, this section simply limited taxation to public purposes. See, e.g., ''House Journal'', 28th Legislature, R.S., [https://lrl.texas.gov/scanned/Housejournals/28/H_28_0.pdf#page=346 345-46] (1903) (Judiciary Committee No. 1 report: "Legislative construction has followed this line of reasoning, and, without exception, every Legislature since the adoption of the Constitution has made appropriations for institutions and purposes that can, by no construction of language, be included in the specific purposes therein stated."); ''House Journal'', 33rd Legislature, 2nd C.S., [https://lrl.texas.gov/scanned/Housejournals/33/H_33_2.pdf#page=24 22] (1914) (Attorney General opinion: "The Legislature is not limited to appropriating money for those things particularly enumerated in this section . . . .").		However, as construed by the Legislature, the Attorney General and ultimately the Supreme Court, this section simply limited taxation to public purposes. See, e.g., ''House Journal'', 28th Tex. Legislature, R.S., [https://lrl.texas.gov/scanned/Housejournals/28/H_28_0.pdf#page=346 345-46] (1903) (Judiciary Committee No. 1 report: "Legislative construction has followed this line of reasoning, and, without exception, every Legislature since the adoption of the Constitution has made appropriations for institutions and purposes that can, by no construction of language, be included in the specific purposes therein stated."); ''House Journal'', 33rd Tex. Legislature, 2nd C.S., [https://lrl.texas.gov/scanned/Housejournals/33/H_33_2.pdf#page=24 22] (1914) (Attorney General opinion: "The Legislature is not limited to appropriating money for those things particularly enumerated in this section . . . .").

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	\|seo_title=Featured Article: Article III, Section 48 of the Texas Constitution ("Repealed")		\|seo_title=Featured Article: Article III, Section 48 of the Texas Constitution ("Repealed")
	\|seo_keywords=Article 3 Section 48, public purpose, deadwood amendment		\|seo_keywords=Article 3 Section 48, public purpose, deadwood amendment
	\|seo_description=As construed, ~~the~~ former section simply limited state taxation to public purposes.		\|seo_description=As construed, this former section simply limited state taxation to public purposes.
	\|seo_image=Texas_Constitution_of_1876_Article_3.jpg		\|seo_image=Texas_Constitution_of_1876_Article_3.jpg
	\|seo_image_alt=Article III: Legislative Department		\|seo_image_alt=Article III: Legislative Department