Texas Constitution:Article III, Section 53 - Revision history

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	\|seo_keywords=Article 3 Section 53, extra compensation, unauthorized claims		\|seo_keywords=Article 3 Section 53, extra compensation, unauthorized claims
	\|seo_description=The Legislature may not authorize a county or municipality to pay extra compensation or unauthorized claims.		\|seo_description=The Legislature may not authorize a county or municipality to pay extra compensation or unauthorized claims.
	\|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 14:36, September 5, 2023

2023-09-05T14:36:54Z

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	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. Cf. ''Hardin County v. Trunkline Gas Co.'', 330 F.2d 789, [https://scholar.google.com/scholar_case?case=2828221705379008126#p791 791] (5th Cir. 1964) ("[S]ince these constitutional provisions [were adopted] at the end, and because of, an era of spoilation and abuse of power in the reconstruction period under the rule of carpetbaggers and scalawags and their henchmen and minions, these constitutional safeguards, against Legislative usurpation of power, must be given full and vigorous support and application, as they were in Constantin v. Smith, against usurpation by the Executive.").		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. Cf. ''Hardin County v. Trunkline Gas Co.'', 330 F.2d 789, [https://scholar.google.com/scholar_case?case=2828221705379008126#p791 791] (5th Cir. 1964) ("[S]ince these constitutional provisions [were adopted] at the end, and because of, an era of spoilation and abuse of power in the reconstruction period under the rule of carpetbaggers and scalawags and their henchmen and minions, these constitutional safeguards, against Legislative usurpation of power, must be given full and vigorous support and application, as they were in Constantin v. Smith, against usurpation by the Executive.").

	The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2009/ga0746.pdf#page=2 GA-746] (2009), opined that: "The focus of our analysis then shifts to the issue of whether the proposed payments would constitute prohibited 'extra compensation' under article III, sections 44 and 53 ~~of the Texas Constitution~~. The key question when analyzing the proposed payments under these provisions is whether the payments about which you inquire were authorized under the employment contracts or laws in place at the time the services were provided."		The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2009/ga0746.pdf#page=4 GA-746] (2009), opined that: "The focus of our analysis then shifts to the issue of whether the proposed payments would constitute prohibited 'extra compensation' under article III, sections 44 and 53 []. The key question when analyzing the proposed payments under these provisions is whether the payments about which you inquire were authorized under the employment contracts or laws in place at the time the services were provided."

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Admin at 14:35, September 5, 2023

2023-09-05T14:35:41Z

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	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. Cf. ''Hardin County v. Trunkline Gas Co.'', 330 F.2d 789, [https://scholar.google.com/scholar_case?case=2828221705379008126#p791 791] (5th Cir. 1964) ("[S]ince these constitutional provisions [were adopted] at the end, and because of, an era of spoilation and abuse of power in the reconstruction period under the rule of carpetbaggers and scalawags and their henchmen and minions, these constitutional safeguards, against Legislative usurpation of power, must be given full and vigorous support and application, as they were in Constantin v. Smith, against usurpation by the Executive.").		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. Cf. ''Hardin County v. Trunkline Gas Co.'', 330 F.2d 789, [https://scholar.google.com/scholar_case?case=2828221705379008126#p791 791] (5th Cir. 1964) ("[S]ince these constitutional provisions [were adopted] at the end, and because of, an era of spoilation and abuse of power in the reconstruction period under the rule of carpetbaggers and scalawags and their henchmen and minions, these constitutional safeguards, against Legislative usurpation of power, must be given full and vigorous support and application, as they were in Constantin v. Smith, against usurpation by the Executive.").

	~~Note that the~~ Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2009/ga0746.pdf#page=2 GA-746] (2009), opined that: "The focus of our analysis then shifts to the issue of whether the proposed payments would constitute prohibited 'extra compensation' under article III, sections 44 and 53 of the Texas Constitution. The key question when analyzing the proposed payments under these provisions is whether the payments about which you inquire were authorized under the employment contracts or laws in place at the time the services were provided."		The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2009/ga0746.pdf#page=2 GA-746] (2009), opined that: "The focus of our analysis then shifts to the issue of whether the proposed payments would constitute prohibited 'extra compensation' under article III, sections 44 and 53 of the Texas Constitution. The key question when analyzing the proposed payments under these provisions is whether the payments about which you inquire were authorized under the employment contracts or laws in place at the time the services were provided."

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Admin at 14:35, September 5, 2023

2023-09-05T14:35:08Z

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	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. Cf. ''Hardin County v. Trunkline Gas Co.'', 330 F.2d 789, [https://scholar.google.com/scholar_case?case=2828221705379008126#p791 791] (5th Cir. 1964) ("[S]ince these constitutional provisions [were adopted] at the end, and because of, an era of spoilation and abuse of power in the reconstruction period under the rule of carpetbaggers and scalawags and their henchmen and minions, these constitutional safeguards, against Legislative usurpation of power, must be given full and vigorous support and application, as they were in Constantin v. Smith, against usurpation by the Executive.").		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. Cf. ''Hardin County v. Trunkline Gas Co.'', 330 F.2d 789, [https://scholar.google.com/scholar_case?case=2828221705379008126#p791 791] (5th Cir. 1964) ("[S]ince these constitutional provisions [were adopted] at the end, and because of, an era of spoilation and abuse of power in the reconstruction period under the rule of carpetbaggers and scalawags and their henchmen and minions, these constitutional safeguards, against Legislative usurpation of power, must be given full and vigorous support and application, as they were in Constantin v. Smith, against usurpation by the Executive.").

	Note that the Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2009/ga0746.pdf#page=2 GA-746] (2009), opined that: "~~[W]e cannot irrefutably state that the proposed payments are independently authorized under article XVI, section 67. See Request Letter and attachments.~~ The focus of our analysis then shifts to the issue of whether the proposed payments would constitute prohibited 'extra compensation' under article III, sections 44 and 53 of the Texas Constitution. The key question when analyzing the proposed payments under these provisions is whether the payments about which you inquire were authorized under the employment contracts or laws in place at the time the services were provided."		Note that the Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2009/ga0746.pdf#page=2 GA-746] (2009), opined that: "The focus of our analysis then shifts to the issue of whether the proposed payments would constitute prohibited 'extra compensation' under article III, sections 44 and 53 of the Texas Constitution. The key question when analyzing the proposed payments under these provisions is whether the payments about which you inquire were authorized under the employment contracts or laws in place at the time the services were provided."

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Admin at 14:34, September 5, 2023

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	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. Cf. ''Hardin County v. Trunkline Gas Co.'', 330 F.2d 789, [https://scholar.google.com/scholar_case?case=2828221705379008126#p791 791] (5th Cir. 1964) ("[S]ince these constitutional provisions [were adopted] at the end, and because of, an era of spoilation and abuse of power in the reconstruction period under the rule of carpetbaggers and scalawags and their henchmen and minions, these constitutional safeguards, against Legislative usurpation of power, must be given full and vigorous support and application, as they were in Constantin v. Smith, against usurpation by the Executive.")		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. Cf. ''Hardin County v. Trunkline Gas Co.'', 330 F.2d 789, [https://scholar.google.com/scholar_case?case=2828221705379008126#p791 791] (5th Cir. 1964) ("[S]ince these constitutional provisions [were adopted] at the end, and because of, an era of spoilation and abuse of power in the reconstruction period under the rule of carpetbaggers and scalawags and their henchmen and minions, these constitutional safeguards, against Legislative usurpation of power, must be given full and vigorous support and application, as they were in Constantin v. Smith, against usurpation by the Executive.").

	~~The~~ Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2009/ga0746.pdf#page=2 GA-746] (2009), opined that: "[W]e cannot irrefutably state that the proposed payments are independently authorized under article XVI, section 67. See Request Letter and attachments. The focus of our analysis then shifts to the issue of whether the proposed payments would constitute prohibited 'extra compensation' under article III, sections 44 and 53 of the Texas Constitution. The key question when analyzing the proposed payments under these provisions is whether the payments about which you inquire were authorized under the employment contracts or laws in place at the time the services were provided."		Note that the Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2009/ga0746.pdf#page=2 GA-746] (2009), opined that: "[W]e cannot irrefutably state that the proposed payments are independently authorized under article XVI, section 67. See Request Letter and attachments. The focus of our analysis then shifts to the issue of whether the proposed payments would constitute prohibited 'extra compensation' under article III, sections 44 and 53 of the Texas Constitution. The key question when analyzing the proposed payments under these provisions is whether the payments about which you inquire were authorized under the employment contracts or laws in place at the time the services were provided."

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Admin at 14:33, September 5, 2023

2023-09-05T14:33:34Z

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	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. Cf. ''Hardin County v. Trunkline Gas Co.'', 330 F.2d 789, [https://scholar.google.com/scholar_case?case=2828221705379008126#p791 791] (5th Cir. 1964) ("[S]ince these constitutional provisions [were adopted] at the end, and because of, an era of spoilation and abuse of power in the reconstruction period under the rule of carpetbaggers and scalawags and their henchmen and minions, these constitutional safeguards, against Legislative usurpation of power, must be given full and vigorous support and application, as they were in Constantin v. Smith, against usurpation by the Executive.")		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. Cf. ''Hardin County v. Trunkline Gas Co.'', 330 F.2d 789, [https://scholar.google.com/scholar_case?case=2828221705379008126#p791 791] (5th Cir. 1964) ("[S]ince these constitutional provisions [were adopted] at the end, and because of, an era of spoilation and abuse of power in the reconstruction period under the rule of carpetbaggers and scalawags and their henchmen and minions, these constitutional safeguards, against Legislative usurpation of power, must be given full and vigorous support and application, as they were in Constantin v. Smith, against usurpation by the Executive.")

	The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2009/ga0746.pdf#page=2 GA-746] (2009), opined that: " ... ."		The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2009/ga0746.pdf#page=2 GA-746] (2009), opined that: "[W]e cannot irrefutably state that the proposed payments are independently authorized under article XVI, section 67. See Request Letter and attachments. The focus of our analysis then shifts to the issue of whether the proposed payments would constitute prohibited 'extra compensation' under article III, sections 44 and 53 of the Texas Constitution. The key question when analyzing the proposed payments under these provisions is whether the payments about which you inquire were authorized under the employment contracts or laws in place at the time the services were provided."

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Admin at 14:24, September 5, 2023

2023-09-05T14:24:34Z

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	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. Cf. ''Hardin County v. Trunkline Gas Co.'', 330 F.2d 789, [https://scholar.google.com/scholar_case?case=2828221705379008126#p791 791] (5th Cir. 1964) ("[S]ince these constitutional provisions [were adopted] at the end, and because of, an era of spoilation and abuse of power in the reconstruction period under the rule of carpetbaggers and scalawags and their henchmen and minions, these constitutional safeguards, against Legislative usurpation of power, must be given full and vigorous support and application, as they were in Constantin v. Smith, against usurpation by the Executive.")		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. Cf. ''Hardin County v. Trunkline Gas Co.'', 330 F.2d 789, [https://scholar.google.com/scholar_case?case=2828221705379008126#p791 791] (5th Cir. 1964) ("[S]ince these constitutional provisions [were adopted] at the end, and because of, an era of spoilation and abuse of power in the reconstruction period under the rule of carpetbaggers and scalawags and their henchmen and minions, these constitutional safeguards, against Legislative usurpation of power, must be given full and vigorous support and application, as they were in Constantin v. Smith, against usurpation by the Executive.")

			The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2009/ga0746.pdf#page=2 GA-746] (2009), opined that: " ... ."

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Admin at 18:33, August 18, 2023

2023-08-18T18:33:01Z

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	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. Cf. ''Hardin County v. Trunkline Gas Co.'', 330 F.2d 789, [https://scholar.google.com/scholar_case?case=2828221705379008126#p791 791] (5th Cir. 1964) ("[S]ince these constitutional provisions ~~. . .~~ at the end, and because of, an era of spoilation and abuse of power in the reconstruction period under the rule of carpetbaggers and scalawags and their henchmen and minions, these constitutional safeguards, against Legislative usurpation of power, must be given full and vigorous support and application, as they were in Constantin v. Smith, against usurpation by the Executive.")		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. Cf. ''Hardin County v. Trunkline Gas Co.'', 330 F.2d 789, [https://scholar.google.com/scholar_case?case=2828221705379008126#p791 791] (5th Cir. 1964) ("[S]ince these constitutional provisions [were adopted] at the end, and because of, an era of spoilation and abuse of power in the reconstruction period under the rule of carpetbaggers and scalawags and their henchmen and minions, these constitutional safeguards, against Legislative usurpation of power, must be given full and vigorous support and application, as they were in Constantin v. Smith, against usurpation by the Executive.")

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Admin at 16:55, August 18, 2023

2023-08-18T16:55:53Z

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	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. Cf. ''Hardin County v. Trunkline Gas Co.'', 330 F.2d 789, [https://scholar.google.com/scholar_case?case=2828221705379008126#p791 791] (5th Cir. 1964) ("[S]ince these constitutional provisions . . . ~~were written into the Texas Constitution of 1876,~~ at the end, and because of, an era of spoilation and abuse of power in the reconstruction period under the rule of carpetbaggers and scalawags and their henchmen and minions, these constitutional safeguards, against Legislative usurpation of power, must be given full and vigorous support and application, as they were in Constantin v. Smith, against usurpation by the Executive.")		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. Cf. ''Hardin County v. Trunkline Gas Co.'', 330 F.2d 789, [https://scholar.google.com/scholar_case?case=2828221705379008126#p791 791] (5th Cir. 1964) ("[S]ince these constitutional provisions . . . at the end, and because of, an era of spoilation and abuse of power in the reconstruction period under the rule of carpetbaggers and scalawags and their henchmen and minions, these constitutional safeguards, against Legislative usurpation of power, must be given full and vigorous support and application, as they were in Constantin v. Smith, against usurpation by the Executive.")

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Admin at 16:55, August 18, 2023

2023-08-18T16:55:14Z

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	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. Cf. ''Hardin County v. Trunkline Gas Co.'', 330 F.2d 789, [https://scholar.google.com/scholar_case?case=2828221705379008126#p791 791] (5th Cir. ~~1963~~) ("[S]ince these constitutional provisions . . . were written into the Texas Constitution of 1876, at the end, and because of, an era of spoilation and abuse of power in the reconstruction period under the rule of carpetbaggers and scalawags and their henchmen and minions, these constitutional safeguards, against Legislative usurpation of power, must be given full and vigorous support and application, as they were in Constantin v. Smith, against usurpation by the Executive.")		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. Cf. ''Hardin County v. Trunkline Gas Co.'', 330 F.2d 789, [https://scholar.google.com/scholar_case?case=2828221705379008126#p791 791] (5th Cir. 1964) ("[S]ince these constitutional provisions . . . were written into the Texas Constitution of 1876, at the end, and because of, an era of spoilation and abuse of power in the reconstruction period under the rule of carpetbaggers and scalawags and their henchmen and minions, these constitutional safeguards, against Legislative usurpation of power, must be given full and vigorous support and application, as they were in Constantin v. Smith, against usurpation by the Executive.")

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