Texas Constitution:Article III, Section 55 - Revision history

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	\|seo_keywords=Article 3 Section 55, debt relinquishment, delinquent taxes		\|seo_keywords=Article 3 Section 55, debt relinquishment, delinquent taxes
	\|seo_description=The Legislature may not extinguish indebtedness to the State or a political subdivision except certain delinquent taxes.		\|seo_description=The Legislature may not extinguish indebtedness to the State or a political subdivision except certain delinquent taxes.
	\|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 14:30, September 19, 2023

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	* ''Corpus Christi People's Baptist Church, Inc. v. Nueces County Appraisal Dist.'', 904 S.W.2d 621, [https://scholar.google.com/scholar_case?case=16964221341806908402#p625 625] (Tex. 1995) ("This tolling provision is similar to statutes of limitation, which we have held are permissible under article III, section 55. In ''Sam Bassett Lumber Co.'', the City of Houston sought to obtain a personal judgment for delinquent property taxes. The defendant asserted limitations as a defense. The Court concluded that a ten-year statute of limitations did not violate article III, section 55 because limitation statutes do not release or extinguish a debt but merely affect the remedy when its enforcement is sought.")		* ''Corpus Christi People's Baptist Church, Inc. v. Nueces County Appraisal Dist.'', 904 S.W.2d 621, [https://scholar.google.com/scholar_case?case=16964221341806908402#p625 625] (Tex. 1995) ("This tolling provision is similar to statutes of limitation, which we have held are permissible under article III, section 55. In ''Sam Bassett Lumber Co.'', the City of Houston sought to obtain a personal judgment for delinquent property taxes. The defendant asserted limitations as a defense. The Court concluded that a ten-year statute of limitations did not violate article III, section 55 because limitation statutes do not release or extinguish a debt but merely affect the remedy when its enforcement is sought.")

	* ''State v. City of Austin'', 331 S.W.2d 737, [https://scholar.google.com/scholar_case?case=3606363952092627207#p742 742] (Tex. 1960) (citations omitted) ("After the occurrence of events which under the law then existing give rise to an obligation on the part of an individual or corporation to the state, the Legislature has no power to release or diminish that obligation without consideration. Moreover, the use of public money to pay a claim predicated on facts which generate no state liability constitutes a gift or donation in violation of our Constitution. . . . In our opinion this does not constitute the release of an obligation to the state within the meaning of Article III, Section, 55, of the Constitution.")		* ''State v. City of Austin'', 331 S.W.2d 737, [https://scholar.google.com/scholar_case?case=3606363952092627207#p742 742] (Tex. 1960) (citations omitted) ("After the occurrence of events which under the law then existing give rise to an obligation on the part of an individual or corporation to the state, the Legislature has no power to release or diminish that obligation without consideration. Moreover, the use of public money to pay a claim predicated on facts which generate no state liability constitutes a gift or donation in violation of our Constitution. . . . In our opinion this does not constitute the release of an obligation to the state within the meaning of Article III, Section 55, of the Constitution.")

	* ''Jones v. Williams'', 45 S.W.2d 130, [https://texaslegalguide.com/images/045_SW2_130.pdf#page=8 137] (Tex. 1931) ("Applying these rules, it is plain that sections 51 and 55 of article 3 cannot be construed to render nugatory the power to remit fines, penalties, and forfeitures by general law. Our construction of the Constitution that the Legislature may remit accrued penalties by general law, notwithstanding sections 51 and 55 of article 3, and the equal taxation and other provisions of the Constitution, is consistent with the authorities generally . . . . The tax cases cited proceed upon the principle that a penalty is not a part of the tax-proper, and is therefore subject to legislative control.")		* ''Jones v. Williams'', 45 S.W.2d 130, [https://texaslegalguide.com/images/045_SW2_130.pdf#page=8 137] (Tex. 1931) ("Applying these rules, it is plain that sections 51 and 55 of article 3 cannot be construed to render nugatory the power to remit fines, penalties, and forfeitures by general law. Our construction of the Constitution that the Legislature may remit accrued penalties by general law, notwithstanding sections 51 and 55 of article 3, and the equal taxation and other provisions of the Constitution, is consistent with the authorities generally . . . . The tax cases cited proceed upon the principle that a penalty is not a part of the tax-proper, and is therefore subject to legislative control.")

Admin at 18:59, August 19, 2023

2023-08-19T18:59:03Z

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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.		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 release or extinguish, or to authorize the releasing or extinguishing, in whole or in part, the indebtedness, liability or obligation of any incorporation [sic] or individual to this State, or to any county, or other municipal corporation therein." It has been amended once. The 1932 amendment corrected a typo, ~~added~~ defined subdivisions, and added the exception.		As adopted, it read: "The Legislature shall have no power to release or extinguish, or to authorize the releasing or extinguishing, in whole or in part, the indebtedness, liability or obligation of any incorporation [sic] or individual to this State, or to any county, or other municipal corporation therein." It has been amended once. The 1932 amendment corrected a typo, included defined subdivisions, and added the exception.

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Admin at 16:54, August 19, 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.		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 release or extinguish, or to authorize the releasing or extinguishing, in whole or in part, the indebtedness, liability or obligation of any incorporation or individual to this State, or to any county, or other municipal corporation therein." It has been amended once. The 1932 amendment added the exception ~~for delinquent taxes~~.		As adopted, it read: "The Legislature shall have no power to release or extinguish, or to authorize the releasing or extinguishing, in whole or in part, the indebtedness, liability or obligation of any incorporation [sic] or individual to this State, or to any county, or other municipal corporation therein." It has been amended once. The 1932 amendment corrected a typo, added defined subdivisions, and added the exception.

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	\|seo_title=Article III, Section 55 of the Texas Constitution ("Extinguishment of Indebtedness to State or Political Subdivision")		\|seo_title=Article III, Section 55 of the Texas Constitution ("Extinguishment of Indebtedness to State or Political Subdivision")
	\|seo_keywords=Article 3 Section 55, ~~Texas Legislature~~, ~~...~~		\|seo_keywords=Article 3 Section 55, debt relinquishment, delinquent taxes
	\|seo_description=The ~~legislative power of Texas is vested in~~ a ~~Senate and House of Representatives~~.		\|seo_description=The Legislature may not extinguish indebtedness to the State or a political subdivision except certain delinquent taxes.
	\|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 16:32, August 19, 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.		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: "		As adopted, it read: "The Legislature shall have no power to release or extinguish, or to authorize the releasing or extinguishing, in whole or in part, the indebtedness, liability or obligation of any incorporation or individual to this State, or to any county, or other municipal corporation therein." It has been amended once. The 1932 amendment added the exception for delinquent taxes.

	~~....~~ ." It has been amended once. The 1932 amendment added the exception for delinquent taxes.

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Admin at 16:31, August 19, 2023

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	~~None~~.		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: "

			.... ." It has been amended once. The 1932 amendment added the exception for delinquent taxes.

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Admin at 19:02, July 28, 2023

2023-07-28T19:02:24Z

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	* ''State v. City of Austin'', 331 S.W.2d 737, [https://scholar.google.com/scholar_case?case=3606363952092627207#p742 742] (Tex. 1960) (citations omitted) ("After the occurrence of events which under the law then existing give rise to an obligation on the part of an individual or corporation to the state, the Legislature has no power to release or diminish that obligation without consideration. Moreover, the use of public money to pay a claim predicated on facts which generate no state liability constitutes a gift or donation in violation of our Constitution. . . . In our opinion this does not constitute the release of an obligation to the state within the meaning of Article III, Section, 55, of the Constitution.")		* ''State v. City of Austin'', 331 S.W.2d 737, [https://scholar.google.com/scholar_case?case=3606363952092627207#p742 742] (Tex. 1960) (citations omitted) ("After the occurrence of events which under the law then existing give rise to an obligation on the part of an individual or corporation to the state, the Legislature has no power to release or diminish that obligation without consideration. Moreover, the use of public money to pay a claim predicated on facts which generate no state liability constitutes a gift or donation in violation of our Constitution. . . . In our opinion this does not constitute the release of an obligation to the state within the meaning of Article III, Section, 55, of the Constitution.")

	* ''Jones v. Williams'', 45 S.W.2d 130, [https://texaslegalguide.com/images/~~045_S.W.2d_130~~.pdf#page=8 137] (Tex. 1931) ("Applying these rules, it is plain that sections 51 and 55 of article 3 cannot be construed to render nugatory the power to remit fines, penalties, and forfeitures by general law. Our construction of the Constitution that the Legislature may remit accrued penalties by general law, notwithstanding sections 51 and 55 of article 3, and the equal taxation and other provisions of the Constitution, is consistent with the authorities generally . . . . The tax cases cited proceed upon the principle that a penalty is not a part of the tax-proper, and is therefore subject to legislative control.")		* ''Jones v. Williams'', 45 S.W.2d 130, [https://texaslegalguide.com/images/045_SW2_130.pdf#page=8 137] (Tex. 1931) ("Applying these rules, it is plain that sections 51 and 55 of article 3 cannot be construed to render nugatory the power to remit fines, penalties, and forfeitures by general law. Our construction of the Constitution that the Legislature may remit accrued penalties by general law, notwithstanding sections 51 and 55 of article 3, and the equal taxation and other provisions of the Constitution, is consistent with the authorities generally . . . . The tax cases cited proceed upon the principle that a penalty is not a part of the tax-proper, and is therefore subject to legislative control.")

	\|seo_title=Article III, Section 55 of the Texas Constitution ("Extinguishment of Indebtedness to State or Political Subdivision")		\|seo_title=Article III, Section 55 of the Texas Constitution ("Extinguishment of Indebtedness to State or Political Subdivision")

Admin at 18:59, July 28, 2023

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	~~None.~~

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Admin at 18:58, July 28, 2023

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	* ''Jones v. Williams'', 45 S.W.2d 130, [https://texaslegalguide.com/images/045_S.W.2d_130.pdf#page=8 137] (Tex. 1931) ("Applying these rules, it is plain that sections 51 and 55 of article 3 cannot be construed to render nugatory the power to remit fines, penalties, and forfeitures by general law. Our construction of the Constitution that the Legislature may remit accrued penalties by general law, notwithstanding sections 51 and 55 of article 3, and the equal taxation and other provisions of the Constitution, is consistent with the authorities generally . . . . The tax cases cited proceed upon the principle that a penalty is not a part of the tax-proper, and is therefore subject to legislative control.")		* ''Jones v. Williams'', 45 S.W.2d 130, [https://texaslegalguide.com/images/045_S.W.2d_130.pdf#page=8 137] (Tex. 1931) ("Applying these rules, it is plain that sections 51 and 55 of article 3 cannot be construed to render nugatory the power to remit fines, penalties, and forfeitures by general law. Our construction of the Constitution that the Legislature may remit accrued penalties by general law, notwithstanding sections 51 and 55 of article 3, and the equal taxation and other provisions of the Constitution, is consistent with the authorities generally . . . . The tax cases cited proceed upon the principle that a penalty is not a part of the tax-proper, and is therefore subject to legislative control.")

			\|seo_title=Article III, Section 55 of the Texas Constitution ("Extinguishment of Indebtedness to State or Political Subdivision")
			\|seo_keywords=Article 3 Section 55, Texas Legislature, ...
			\|seo_description=The legislative power of Texas is vested in a Senate and House of Representatives.
			\|seo_image=Texas_Constitution_of_1876_Article_3.jpg
			\|seo_image_alt=Article III: Legislative Department

	}}		}}

imported>Admin at 16:12, January 6, 2023

2023-01-06T16:12:13Z

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{{DISPLAYTITLE:Article III, Section 55 of the Texas Constitution (''<small>"Extinguishment of Indebtedness to State or Political Subdivision"</small>'')}}{{Texas Constitution|text=As amended November 8, 1932:

'''The Legislature shall have no power to release or extinguish, or to authorize the releasing or extinguishing, in whole or in part, the indebtedness, liability or obligation of any corporation or individual, to this State or to any county or defined subdivision thereof, or other municipal corporation therein, except delinquent taxes which have been due for a period of at least ten years.'''

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* ''Corpus Christi People's Baptist Church, Inc. v. Nueces County Appraisal Dist.'', 904 S.W.2d 621, [https://scholar.google.com/scholar_case?case=16964221341806908402#p625 625] (Tex. 1995) ("This tolling provision is similar to statutes of limitation, which we have held are permissible under article III, section 55. In ''Sam Bassett Lumber Co.'', the City of Houston sought to obtain a personal judgment for delinquent property taxes. The defendant asserted limitations as a defense. The Court concluded that a ten-year statute of limitations did not violate article III, section 55 because limitation statutes do not release or extinguish a debt but merely affect the remedy when its enforcement is sought.")

* ''State v. City of Austin'', 331 S.W.2d 737, [https://scholar.google.com/scholar_case?case=3606363952092627207#p742 742] (Tex. 1960) (citations omitted) ("After the occurrence of events which under the law then existing give rise to an obligation on the part of an individual or corporation to the state, the Legislature has no power to release or diminish that obligation without consideration. Moreover, the use of public money to pay a claim predicated on facts which generate no state liability constitutes a gift or donation in violation of our Constitution. . . . In our opinion this does not constitute the release of an obligation to the state within the meaning of Article III, Section, 55, of the Constitution.")

* ''Jones v. Williams'', 45 S.W.2d 130, [https://texaslegalguide.com/images/045_S.W.2d_130.pdf#page=8 137] (Tex. 1931) ("Applying these rules, it is plain that sections 51 and 55 of article 3 cannot be construed to render nugatory the power to remit fines, penalties, and forfeitures by general law. Our construction of the Constitution that the Legislature may remit accrued penalties by general law, notwithstanding sections 51 and 55 of article 3, and the equal taxation and other provisions of the Constitution, is consistent with the authorities generally . . . . The tax cases cited proceed upon the principle that a penalty is not a part of the tax-proper, and is therefore subject to legislative control.")

}}

[[Category:Tax Law-Texas]]
[[Category:TxCon ArtIII Sec]]