Texas Constitution:Article XI, Section 4 and Texas Constitution:Article VIII, Section 7: Difference between pages

From TLG
(Difference between pages)
Jump to navigation Jump to search
imported>Admin
m (2 revisions imported: transfer to 1.34.1)
 
m (Text replacement - "the treasury" to "the Treasury")
 
Line 1: Line 1:
{{DISPLAYTITLE:Article XI, Section 4 of the Texas Constitution}}{{Template:Texas Constitution|text=As amended November 2, 1920:
{{DISPLAYTITLE:Article VIII, Section 7 of the Texas Constitution}}{{Template:Texas Constitution|text=Adopted February 15, 1876:


'''Cities and towns having a population of five thousand or less may be chartered alone by general law. They may levy, assess and collect such taxes as may be authorized by law, but no tax for any purpose shall ever be lawful for any one year which shall exceed one and one-half per cent of the taxable property of such city; and all taxes shall be collectible only in current money, and all licenses and occupation taxes levied, and all fines, forfeitures and penalties accruing to said cities and towns shall be collectible only in current money.'''
'''The Legislature shall not have power to borrow, or in any manner divert from its purpose, any special fund that may, or ought to, come into the Treasury; and shall make it penal for any person or persons to borrow, withhold or in any manner to divert from its purpose any special fund, or any part thereof.'''


|editor=
|editor=


As adopted in 1876, this section read: "Cities and towns having a population of ten thousand inhabitants or less, may be chartered alone by general law. They may levy, assess and collect an annual tax to defray the current expenses of their local government, but such tax shall never exceed, for any one year, one-fourth of one per cent. and shall be collectable only in current money. And all license and occupation tax levied, and all fines, forfeitures, penalties and other dues accruing to cities and towns shall be collectable only in current money."
None.
 
In 1909, the section was amended by decreasing the population cap to five thousand.
 
In 1920, the section was amended by increasing the maximum rate to $1.50 per $100.  


|other=
|other=
Line 17: Line 13:
|recent=
|recent=


* ''Town of Lakewood Village v. Bizios'', 493 S.W.3d 527, [https://scholar.google.com/scholar_case?case=12533841867506277760#p531 531] (Tex. 2016) ("Statutory limitations on home-rule municipal authority are ineffective unless they appear with 'unmistakable clarity,' and even when they do, a municipality's ordinance is only 'unenforceable to the extent it conflicts with [a] state statute.' ''Id''. Therefore, home-rule municipalities inherently possess the authority to adopt and enforce building codes, absent an express limitation on this authority. Unlike home-rule municipalities, general-law municipalities, such as the Town, 'are political subdivisions created by the State and, as such, possess [only] those powers and privileges that the State expressly confers upon them.'")
None.


|historic=
|historic=


* ''City of Houston v. Stewart'', 87 S.W. 663, 665 (Tex. 1905) ("It is objected that the section of the charter in question is unconstitutional because it authorized the city to receive in payment of taxes certificates of indebtedness, whereas the Constitution forbids that taxes should be paid in anything but money. Article 11, § 4, which . . ., 'shall be collectible only in current money,' applies only to cities of 10,000 population or less. There is no such provision in section 5 of that article which regulates the subject of taxation in cities of more than 10,000 population. The city of Houston contains a population of more than 10,000; therefore the prohibitory clause relied upon does not apply to that city.")
* ''Gulf Ins. Co. v. James'', 185 S.W.2d 966, [https://texaslegalguide.com/images/185_S.W.2d_966.pdf#page=6 971] (Tex. 1945) ("In so doing the Legislature does not violate the provisions of Article VIII, Section 7, of the Constitution, . . . . In the case of ''Brazos River Conservation & Reclamation District v. McCraw'', [] 91 S.W.2d 665, this Court held that the above-quoted constitutional inhibition applies only to special funds created by the Constitution, and not to special funds created by statute. The special funds here under consideration were created by statute, and not by the Constitution. We are also of the opinion that the petitioners have no such vested interest in such funds as would authorize them to enjoin the use of the funds for general purposes.")


}}
}}


[[Category:Local Government Law]]
[[Category:Tax Law-Texas]]
[[Category:TxCon ArtXI Sec]]
[[Category:TxCon ArtVIII Sec]]

Latest revision as of 16:20, August 7, 2023

Adopted February 15, 1876:

The Legislature shall not have power to borrow, or in any manner divert from its purpose, any special fund that may, or ought to, come into the Treasury; and shall make it penal for any person or persons to borrow, withhold or in any manner to divert from its purpose any special fund, or any part thereof.

Editor Comments

None.

—Attorney Steve Smith

Recent Decisions

None.

Historic Decisions

  • Gulf Ins. Co. v. James, 185 S.W.2d 966, 971 (Tex. 1945) ("In so doing the Legislature does not violate the provisions of Article VIII, Section 7, of the Constitution, . . . . In the case of Brazos River Conservation & Reclamation District v. McCraw, [] 91 S.W.2d 665, this Court held that the above-quoted constitutional inhibition applies only to special funds created by the Constitution, and not to special funds created by statute. The special funds here under consideration were created by statute, and not by the Constitution. We are also of the opinion that the petitioners have no such vested interest in such funds as would authorize them to enjoin the use of the funds for general purposes.")

Library Resources

Online Resources

Retrieved from "https://texaslegalguide.com/index.php?title=Texas_Constitution:Article_XI,_Section_4&oldid=6011"