Admin: Text replacement - "the treasury" to "the Treasury"

2023-08-07T21:20:45Z

Text replacement - "the treasury" to "the Treasury"

← Older revision		Revision as of 16:20, August 7, 2023
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	money shall be drawn from the Treasury but in pursuance of specific appropriations made by		money shall be drawn from the Treasury but in pursuance of specific appropriations made by
	law.” Because of this constitutional restriction on withdrawing money from the ~~treasury~~, the		law.” Because of this constitutional restriction on withdrawing money from the Treasury, the
	legislature’s funding obligations are generally limited to the amount it appropriates, even though a		legislature’s funding obligations are generally limited to the amount it appropriates, even though a
	general law may authorize the appropriation of a larger amount. See Edgewoodlndep. Sch. Disf. v.		general law may authorize the appropriation of a larger amount. See Edgewoodlndep. Sch. Disf. v.
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	Tex. Att'y Gen. Op. No. 0-0044 (1939) at 3 (explaining that pursuant to article VIII, section 6 of the		Tex. Att'y Gen. Op. No. 0-0044 (1939) at 3 (explaining that pursuant to article VIII, section 6 of the
	Texas Constitution, the Comptroller may not withdraw money from the ~~treasury~~ to "rectify a previous bookkeeping		Texas Constitution, the Comptroller may not withdraw money from the Treasury to "rectify a previous bookkeeping
	error, or for any other reason, except upon specific direction by the Legislature")		error, or for any other reason, except upon specific direction by the Legislature")

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2022-11-02T00:15:03Z

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New page

{{DISPLAYTITLE:{{PAGENAME}} of the Texas Constitution (discussion page)}}Texas Legal Guide (texaslegalguide.com) is currently under construction.

This page is available for comment and discussion regarding the page ''{{PAGENAME}} of the Texas Constitution''.

== review ==

money shall be drawn from the Treasury but in pursuance of specific appropriations made by
law.” Because of this constitutional restriction on withdrawing money from the treasury, the
legislature’s funding obligations are generally limited to the amount it appropriates, even though a
general law may authorize the appropriation of a larger amount. See Edgewoodlndep. Sch. Disf. v.
Meno, 893 S.W.2d 450, 470 (Tex. 1995). A statute that sets compensation for a certain position is
not in itself an appropriation, and the incumbent will not receive the fbll compensation authorized by
statute unless the legislature appropriates that amount. Pickle v. Finley, 44 SW. 480 (Tex. 1898);
Mutchler v. Texas Dep ‘t of Public Safely, 681 S.W.2d 282 (Tex. App.--Austin 1984, no writ);
Attorney General Opinion IM-115 (1983). I

== add ? ==

Tex. Att'y Gen. Op. No. 0-0044 (1939) at 3 (explaining that pursuant to article VIII, section 6 of the
Texas Constitution, the Comptroller may not withdraw money from the treasury to "rectify a previous bookkeeping
error, or for any other reason, except upon specific direction by the Legislature")

== review ==

Article VIII, section 6 of the Texas Constitution
prohibits au appmpriation for longer than two years. In Teas Public Building Aufhori@
v. Muffox the Texas Supreme Court concluded that article Vlll, section 6 does not f&id
. the execution of a contract that “does nor bind the state to pur&ase a tied quantuy of
gwds or services each year, but rather which bii the state only to purchase those
quantities which within its sole discretion it de&m&s it needs.” Texas Pub. Bldg.
AI&L v. Mattox, 686 S.W.2d 924,929 (fex. 1985); see also Ciry of Big @ring v. Board
of Control, 404 S.W.2d 810,814.15 (Tex. 1966); Charles Scribner’s Sons v. Mom, 262
SW. 722,72426 (Rx. 1924); Attorney General Cpinion o-1627 (1940) at 5.
As an example of a contract not prohibited by article Vlll, section 6, the Tarap
Public Building Authorf~ ant cited to the contract at issue in C&Y of Big Spring v.
Bond of Confrof, 404 S.W.2d 810 (Tex. 1966).

== review ==

M&on v. Zmkhurt, 114 S.W.2d 216, 219 (Tex. 1938)

Attorney General Opinions C-742 (1966), O-44 (1939)

==link==

''Friedman v. American Surety Co.'', 151 S.W.2d 570, [https://cite.case.law/pdf/2315026/Friedman%20v.%20American%20Surety%20Co.%20of%20New%20York,%20137%20Tex.%20149,%20151%20S.W.2d%20570%20(1941).pdf#page=12 576-77] (Tex. 1941)

== modify ==

it has been amended just once to remove

Texas Constitution talk:Article VIII, Section 6 - Revision history

Admin: Text replacement - "the treasury" to "the Treasury"

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