Texas Constitution:Article III, Section 52 - Revision history

Admin: Text replacement - "this constitution" to "this Constitution"

2024-06-17T15:55:32Z

Text replacement - "this constitution" to "this Constitution"

← Older revision		Revision as of 10:55, June 17, 2024
Line 3:		Line 3:
	'''(a) Except as otherwise provided by this section, the Legislature shall have no power to authorize any county, city, town or other political corporation or subdivision of the State to lend its credit or to grant public money or thing of value in aid of, or to any individual, association or corporation whatsoever, or to become a stockholder in such corporation, association or company. However, this section does not prohibit the use of public funds or credit for the payment of premiums on nonassessable property and casualty, life, health, or accident insurance policies and annuity contracts issued by a mutual insurance company authorized to do business in this State.'''		'''(a) Except as otherwise provided by this section, the Legislature shall have no power to authorize any county, city, town or other political corporation or subdivision of the State to lend its credit or to grant public money or thing of value in aid of, or to any individual, association or corporation whatsoever, or to become a stockholder in such corporation, association or company. However, this section does not prohibit the use of public funds or credit for the payment of premiums on nonassessable property and casualty, life, health, or accident insurance policies and annuity contracts issued by a mutual insurance company authorized to do business in this State.'''

	'''(b) Under legislative provision, any county, political subdivision of a county, number of adjoining counties, political subdivision of the State, or defined district now or hereafter to be described and defined within the State of Texas, and which may or may not include, towns, villages or municipal corporations, upon a vote of two-thirds majority of the voting qualified voters of such district or territory to be affected thereby, may issue bonds or otherwise lend its credit in any amount not to exceed one-fourth of the assessed valuation of the real property of such district or territory, except that the total bonded indebtedness of any city or town shall never exceed the limits imposed by other provisions of this ~~constitution~~, and levy and collect taxes to pay the interest thereon and provide a sinking fund for the redemption thereof, as the Legislature may authorize, and in such manner as it may authorize the same, for the following purposes to wit: (1) The improvement of rivers, creeks, and streams to prevent overflows, and to permit of navigation thereof, or irrigation thereof, or in aid of such purposes. (2) The construction and maintenance of pools, lakes, reservoirs, dams, canals and waterways for the purposes of irrigation, drainage or navigation, or in aid thereof. (3) The construction, maintenance and operation of macadamized, graveled or paved roads and turnpikes, or in aid thereof.'''		'''(b) Under legislative provision, any county, political subdivision of a county, number of adjoining counties, political subdivision of the State, or defined district now or hereafter to be described and defined within the State of Texas, and which may or may not include, towns, villages or municipal corporations, upon a vote of two-thirds majority of the voting qualified voters of such district or territory to be affected thereby, may issue bonds or otherwise lend its credit in any amount not to exceed one-fourth of the assessed valuation of the real property of such district or territory, except that the total bonded indebtedness of any city or town shall never exceed the limits imposed by other provisions of this Constitution, and levy and collect taxes to pay the interest thereon and provide a sinking fund for the redemption thereof, as the Legislature may authorize, and in such manner as it may authorize the same, for the following purposes to wit: (1) The improvement of rivers, creeks, and streams to prevent overflows, and to permit of navigation thereof, or irrigation thereof, or in aid of such purposes. (2) The construction and maintenance of pools, lakes, reservoirs, dams, canals and waterways for the purposes of irrigation, drainage or navigation, or in aid thereof. (3) The construction, maintenance and operation of macadamized, graveled or paved roads and turnpikes, or in aid thereof.'''

	'''(c) Notwithstanding the provisions of Subsection (b) of this section, bonds may be issued by any county in an amount not to exceed one-fourth of the assessed valuation of the real property in the county, for the construction, maintenance, and operation of macadamized, graveled, or paved roads and turnpikes, or in aid thereof, upon a vote of a majority of the voting qualified voters of the county, and without the necessity of further or amendatory legislation. The county may levy and collect taxes to pay the interest on the bonds as it becomes due and to provide a sinking fund for redemption of the bonds.'''		'''(c) Notwithstanding the provisions of Subsection (b) of this section, bonds may be issued by any county in an amount not to exceed one-fourth of the assessed valuation of the real property in the county, for the construction, maintenance, and operation of macadamized, graveled, or paved roads and turnpikes, or in aid thereof, upon a vote of a majority of the voting qualified voters of the county, and without the necessity of further or amendatory legislation. The county may levy and collect taxes to pay the interest on the bonds as it becomes due and to provide a sinking fund for redemption of the bonds.'''

	'''(d) Any defined district created under this section that is authorized to issue bonds or otherwise lend its credit for the purposes stated in Subdivisions (1) and (2) of Subsection (b) of this section may engage in fire-fighting activities and may issue bonds or otherwise lend its credit for fire-fighting purposes as provided by law and this ~~constitution~~.'''		'''(d) Any defined district created under this section that is authorized to issue bonds or otherwise lend its credit for the purposes stated in Subdivisions (1) and (2) of Subsection (b) of this section may engage in fire-fighting activities and may issue bonds or otherwise lend its credit for fire-fighting purposes as provided by law and this Constitution.'''

	'''(e) A county, city, town, or other political corporation or subdivision of the State may invest its funds as authorized by law.'''		'''(e) A county, city, town, or other political corporation or subdivision of the State may invest its funds as authorized by law.'''

Admin: Text replacement - "|seo_image=Texas_Constitution_of_1876_Article_3.jpg" to "|seo_image=mod_Texas_Constitution_of_1876_Article_3.jpg"

2024-06-02T19:45:37Z

Text replacement - "|seo_image=Texas_Constitution_of_1876_Article_3.jpg" to "|seo_image=mod_Texas_Constitution_of_1876_Article_3.jpg"

← Older revision		Revision as of 14:45, June 2, 2024
Line 38:		Line 38:
	\|seo_keywords=Article 3 Section 52, debt authorization, road districts		\|seo_keywords=Article 3 Section 52, debt authorization, road districts
	\|seo_description=This section has been criticized as an example of the poor draftsmanship that pervades much of the Texas constitution.		\|seo_description=This section has been criticized as an example of the poor draftsmanship that pervades much of the Texas constitution.
	\|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 19:37, September 18, 2023

2023-09-18T19:37:37Z

← Older revision		Revision as of 14:37, September 18, 2023
Line 19:		Line 19:
	Note that the Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2020/kp-0311.pdf#page=4 KP-311] (2020), opined that: "A county may call a bond election under Texas Constitution article III, section 52(b) or (c) and expend bond funds for the construction, repair, improvement, and maintenance of city streets if the county has municipal consent and determines that the city streets are an integral part of or a connecting link to a county road or a state highway."		Note that the Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2020/kp-0311.pdf#page=4 KP-311] (2020), opined that: "A county may call a bond election under Texas Constitution article III, section 52(b) or (c) and expend bond funds for the construction, repair, improvement, and maintenance of city streets if the county has municipal consent and determines that the city streets are an integral part of or a connecting link to a county road or a state highway."

	And, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2019/kp-0237.pdf#page=5 KP-237] (2019), he opined that: "Article III, section 52(a) of the Texas Constitution prohibits the expenditure of county funds for private ~~purposes unless~~ . . . . With respect to the proposed expenditures to a school district, the specific question for the commissioners court is whether providing law enforcement services, grounds maintenance, and a library for an independent school district serves a specific county purpose."		And, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2019/kp-0237.pdf#page=5 KP-237] (2019), he opined that: "Article III, section 52(a) of the Texas Constitution prohibits the expenditure of county funds for private . . . . With respect to the proposed expenditures to a school district, the specific question for the commissioners court is whether providing law enforcement services, grounds maintenance, and a library for an independent school district serves a specific county purpose."

	\|recent=		\|recent=

Admin at 19:36, September 18, 2023

2023-09-18T19:36:37Z

← Older revision		Revision as of 14:36, September 18, 2023
Line 19:		Line 19:
	Note that the Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2020/kp-0311.pdf#page=4 KP-311] (2020), opined that: "A county may call a bond election under Texas Constitution article III, section 52(b) or (c) and expend bond funds for the construction, repair, improvement, and maintenance of city streets if the county has municipal consent and determines that the city streets are an integral part of or a connecting link to a county road or a state highway."		Note that the Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2020/kp-0311.pdf#page=4 KP-311] (2020), opined that: "A county may call a bond election under Texas Constitution article III, section 52(b) or (c) and expend bond funds for the construction, repair, improvement, and maintenance of city streets if the county has municipal consent and determines that the city streets are an integral part of or a connecting link to a county road or a state highway."

	And ~~the Texas Attorney General~~, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2019/kp-0237.pdf#page=5 KP-237] (2019), opined that: "Article III, section 52(a) of the Texas Constitution prohibits the expenditure of . . . . With respect to the proposed expenditures to a school district, the specific question for the commissioners court is whether providing law enforcement services, grounds maintenance, and a library for an independent school district serves a specific county purpose."		And, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2019/kp-0237.pdf#page=5 KP-237] (2019), he opined that: "Article III, section 52(a) of the Texas Constitution prohibits the expenditure of county funds for private purposes unless . . . . With respect to the proposed expenditures to a school district, the specific question for the commissioners court is whether providing law enforcement services, grounds maintenance, and a library for an independent school district serves a specific county purpose."

	\|recent=		\|recent=

Admin at 18:44, August 16, 2023

2023-08-16T18:44:59Z

← Older revision		Revision as of 13:44, August 16, 2023
Line 37:		Line 37:
	\|seo_title=Article III, Section 52 of the Texas Constitution ("Restrictions on Lending Credit or Making Grants by Political Subdivisions")		\|seo_title=Article III, Section 52 of the Texas Constitution ("Restrictions on Lending Credit or Making Grants by Political Subdivisions")
	\|seo_keywords=Article 3 Section 52, debt authorization, road districts		\|seo_keywords=Article 3 Section 52, debt authorization, road districts
	\|seo_description=This section has been criticized as an example of the poor draftsmanship that pervades much of the ~~state~~ constitution.		\|seo_description=This section has been criticized as an example of the poor draftsmanship that pervades much of the Texas constitution.
	\|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

Admin at 16:06, August 16, 2023

2023-08-16T16:06:07Z

← Older revision		Revision as of 11:06, August 16, 2023
Line 36:		Line 36:

	\|seo_title=Article III, Section 52 of the Texas Constitution ("Restrictions on Lending Credit or Making Grants by Political Subdivisions")		\|seo_title=Article III, Section 52 of the Texas Constitution ("Restrictions on Lending Credit or Making Grants by Political Subdivisions")
	\|seo_keywords=Article 3 Section 52, ~~tax~~ authorization, ~~debt authorization~~		\|seo_keywords=Article 3 Section 52, debt authorization, road districts
	\|seo_description=This section has been criticized as an example of the poor draftsmanship that pervades much of the state constitution.		\|seo_description=This section has been criticized as an example of the poor draftsmanship that pervades much of the state constitution.
	\|seo_image=Texas_Constitution_of_1876_Article_3.jpg		\|seo_image=Texas_Constitution_of_1876_Article_3.jpg

Admin at 15:45, August 16, 2023

2023-08-16T15:45:59Z

← Older revision		Revision as of 10:45, August 16, 2023
Line 36:		Line 36:

	\|seo_title=Article III, Section 52 of the Texas Constitution ("Restrictions on Lending Credit or Making Grants by Political Subdivisions")		\|seo_title=Article III, Section 52 of the Texas Constitution ("Restrictions on Lending Credit or Making Grants by Political Subdivisions")
	\|seo_keywords=Article 3 Section 52, ~~Texas Legislature~~, ~~...~~		\|seo_keywords=Article 3 Section 52, tax authorization, debt authorization
	\|seo_description=~~The legislative power~~ of ~~Texas is vested in a Senate and House~~ of ~~Representatives~~.		\|seo_description=This section has been criticized as an example of the poor draftsmanship that pervades much of the state constitution.
	\|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

Admin at 15:36, August 16, 2023

2023-08-16T15:36:54Z

← Older revision		Revision as of 10:36, August 16, 2023
Line 9:		Line 9:
	'''(d) Any defined district created under this section that is authorized to issue bonds or otherwise lend its credit for the purposes stated in Subdivisions (1) and (2) of Subsection (b) of this section may engage in fire-fighting activities and may issue bonds or otherwise lend its credit for fire-fighting purposes as provided by law and this constitution.'''		'''(d) Any defined district created under this section that is authorized to issue bonds or otherwise lend its credit for the purposes stated in Subdivisions (1) and (2) of Subsection (b) of this section may engage in fire-fighting activities and may issue bonds or otherwise lend its credit for fire-fighting purposes as provided by law and this constitution.'''

	'''(e) A county, city, town, or other political corporation or subdivision of the ~~state~~ may invest its funds as authorized by law.'''		'''(e) A county, city, town, or other political corporation or subdivision of the State may invest its funds as authorized by law.'''

	\|editor=		\|editor=

	~~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.		This 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: "The Legislature shall have no power to authorize any county, city, town, or other political corporation, or subdivision of the State, to lend its credit or to grant public money or thing of value, in aid of any individual, association, or corporation whatsoever; or to become a stockholder in such corporation, association or company." It has been amended seven times. Amendments were approved in 1904, 1970, 1978, 1986, 1989, and 1999 (two).		As adopted, it read: "The Legislature shall have no power to authorize any county, city, town, or other political corporation, or subdivision of the State, to lend its credit or to grant public money or thing of value, in aid of any individual, association, or corporation whatsoever; or to become a stockholder in such corporation, association or company." It has been amended seven times. Amendments were approved in 1904, 1970, 1978, 1986, 1989, and 1999 (two).

Admin at 15:00, August 16, 2023

2023-08-16T15:00:13Z

← Older revision		Revision as of 10:00, August 16, 2023
Line 15:		Line 15:
	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: "The Legislature shall have no power to authorize any county, city, town, or other political corporation, or subdivision of the State, to lend its credit or to grant public money or thing of value, in aid of any individual, association, or corporation whatsoever; or to become a stockholder in such corporation, association or company." It has been amended seven times.		As adopted, it read: "The Legislature shall have no power to authorize any county, city, town, or other political corporation, or subdivision of the State, to lend its credit or to grant public money or thing of value, in aid of any individual, association, or corporation whatsoever; or to become a stockholder in such corporation, association or company." It has been amended seven times. Amendments were approved in 1904, 1970, 1978, 1986, 1989, and 1999 (two).

	Note that the Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2020/kp-0311.pdf#page=4 KP-311] (2020), opined that: "A county may call a bond election under Texas Constitution article III, section 52(b) or (c) and expend bond funds for the construction, repair, improvement, and maintenance of city streets if the county has municipal consent and determines that the city streets are an integral part of or a connecting link to a county road or a state highway."		Note that the Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2020/kp-0311.pdf#page=4 KP-311] (2020), opined that: "A county may call a bond election under Texas Constitution article III, section 52(b) or (c) and expend bond funds for the construction, repair, improvement, and maintenance of city streets if the county has municipal consent and determines that the city streets are an integral part of or a connecting link to a county road or a state highway."

Admin at 14:55, August 16, 2023

2023-08-16T14:55:55Z

← Older revision		Revision as of 09:55, August 16, 2023
Line 15:		Line 15:
	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: "The Legislature shall have no power to authorize any county, city, town, or other political corporation, or subdivision of the State, to lend its credit or to grant public money or thing of value, in aid of any individual, association, or corporation whatsoever; or to become a stockholder in such corporation, association or company."		As adopted, it read: "The Legislature shall have no power to authorize any county, city, town, or other political corporation, or subdivision of the State, to lend its credit or to grant public money or thing of value, in aid of any individual, association, or corporation whatsoever; or to become a stockholder in such corporation, association or company." It has been amended seven times.

	Note that the Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2020/kp-0311.pdf#page=4 KP-311] (2020), opined that: "A county may call a bond election under Texas Constitution article III, section 52(b) or (c) and expend bond funds for the construction, repair, improvement, and maintenance of city streets if the county has municipal consent and determines that the city streets are an integral part of or a connecting link to a county road or a state highway."		Note that the Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2020/kp-0311.pdf#page=4 KP-311] (2020), opined that: "A county may call a bond election under Texas Constitution article III, section 52(b) or (c) and expend bond funds for the construction, repair, improvement, and maintenance of city streets if the county has municipal consent and determines that the city streets are an integral part of or a connecting link to a county road or a state highway."