Texas Constitution:Article III, Section 26 and Texas Constitution:Article III, Section 49-d-12: Difference between pages

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{{DISPLAYTITLE:Article III, Section 26 of the Texas Constitution (''<small>"Apportionment of Members of House of Representatives"</small>'')}}{{Texas Constitution|text=Adopted February 15, 1876:
{{DISPLAYTITLE:Article III, Section 49-d-12 of the Texas Constitution (''<small>"State Water Implementation Fund for Texas"</small>'')}}{{Texas Constitution|text=Added November 5, 2013:


'''The members of the House of Representatives shall be apportioned among the several counties, according to the number of population in each, as nearly as may be, on a ratio obtained by dividing the population of the State, as ascertained by the most recent United States census, by the number of members of which the House is composed; provided, that whenever a single county has sufficient population to be entitled to a Representative, such county shall be formed into a separate Representative District, and when two or more counties are required to make up the ratio of representation, such counties shall be contiguous to each other; and when any one county has more than sufficient population to be entitled to one or more Representatives, such Representative or Representatives shall be apportioned to such county, and for any surplus of population it may be joined in a Representative District with any other contiguous county or counties.'''
'''(a) The State Water Implementation Fund for Texas is created as a special fund in the State Treasury outside the General Revenue Fund. Money in the State Water Implementation Fund for Texas shall be administered, without further appropriation, by the Texas Water Development Board or that board's successor in function and shall be used for the purpose of implementing the state water plan that is adopted as required by general law by the Texas Water Development Board or that board's successor in function. Separate accounts may be established in the State Water Implementation Fund for Texas as necessary to administer the fund or authorized projects.'''
 
'''(b) The Legislature by general law may authorize the Texas Water Development Board or that board's successor in function to enter into bond enhancement agreements to provide additional security for general obligation bonds or revenue bonds of the Texas Water Development Board or that board's successor in function, the proceeds of which are used to finance state water plan projects. Bond enhancement agreements must be payable solely from the State Water Implementation Fund for Texas; provided, however, the bond enhancement agreements may not exceed an amount that can be fully supported by the State Water Implementation Fund for Texas. Any amount paid under a bond enhancement agreement may be repaid as provided by general law; provided, however, any repayment may not cause general obligation bonds that are issued under Sections [[Texas Constitution:Article III, Section 49-d-9|49-d-9]] and [[Texas Constitution:Article III, Section 49-d-11|49-d-11]] of this article and that are payable from the fund or account receiving the bond enhancement payment to be no longer self-supporting for purposes of Section [[Texas Constitution:Article III, Section 49-j|49-j(b)]] of this article. Payments under a bond enhancement agreement entered into pursuant to this section may not be a constitutional state debt payable from general revenues of the state.'''
 
'''(c) The Legislature by general law may authorize the Texas Water Development Board or that board's successor in function to use the State Water Implementation Fund for Texas to finance, including by direct loan, water projects included in the state water plan.'''
 
'''(d) The Texas Water Development Board or that board's successor in function shall provide written notice to the Legislative Budget Board or that board's successor in function before each bond enhancement agreement or loan agreement entered into pursuant to this section has been executed by the Texas Water Development Board or that board's successor in function and shall provide a copy of the proposed agreement to the Legislative Budget Board or that board's successor in function for approval. The proposed agreement shall be considered to be approved unless the Legislative Budget Board or that board's successor in function issues a written disapproval not later than the 21st day after the date on which the staff of that board receives the submission.'''
 
'''(e) The State Water Implementation Fund for Texas consists of: (1) money transferred or deposited to the credit of the fund by general law, including money from any source transferred or deposited to the credit of the fund at the discretion of the Texas Water Development Board or that board's successor in function as authorized by general law; (2) the proceeds of any fee or tax imposed by this state that by statute is dedicated for deposit to the credit of the fund; (3) any other revenue that the Legislature by statute dedicates for deposit to the credit of the fund; (4) investment earnings and interest earned on amounts credited to the fund; and (5) money transferred to the fund under a bond enhancement agreement from another fund or account to which money from the fund was transferred under a bond enhancement agreement, as authorized by general law.'''
 
'''(f) The Legislature by general law shall provide for the manner in which the assets of the State Water Implementation Fund for Texas may be used, subject to the limitations provided by this section. The Legislature by general law may provide for costs of investment of the State Water Implementation Fund for Texas to be paid from that fund.'''
 
'''(g) As provided by general law, each fiscal year the Texas Water Development Board or that board's successor in function shall set aside from amounts on deposit in the State Water Implementation Fund for Texas an amount that is sufficient to make payments under bond enhancement agreements that become due during that fiscal year.'''
 
'''(h) Any dedication or appropriation of amounts on deposit in the State Water Implementation Fund for Texas may not be modified so as to impair any outstanding obligation under a bond enhancement agreement secured by a pledge of those amounts unless provisions have been made for a full discharge of the bond enhancement agreement.'''
 
'''(i) Money in the State Water Implementation Fund for Texas is dedicated by this constitution for purposes of Section [[Texas Constitution:Article VIII, Section 22|22]], Article VIII, of this constitution and an appropriation from the economic stabilization fund to the credit of the State Water Implementation Fund for Texas is an appropriation of state tax revenues dedicated by this constitution for the purposes of Section [[Texas Constitution:Article VIII, Section 22|22]], Article VIII, of this constitution.'''
 
'''(j) This section being intended only to establish a basic framework and not to be a comprehensive treatment of the State Water Implementation Fund for Texas, there is hereby reposed in the Legislature full power to implement and effectuate the design and objects of this section, including the power to delegate such duties, responsibilities, functions, and authority to the Texas Water Development Board or that board's successor in function as the Legislature believes necessary.'''


|editor=
|editor=


Note that the Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1961/ww-1041.pdf#page=5 WW-1041] (1961) (emphasis added), opined that: "The word 'contiguous' as used in Section 26 [] means that a representative district composed of two or more counties may be formed if the boundaries (''whether inundated or not'') of the counties comprising the representative district touch one another so that all may be included in a common boundary line."
None.


|recent=
|recent=


* ''Abbott v. Mexican Am. Legis. Caucus'', 647 S.W.3d 681, [https://scholar.google.com/scholar_case?case=13028638643669327056#p700 700] (Tex. 2022) ("[W]e recognized in ''Smith'' that Section 26's requirements 'are inferior to the necessity of complying with the Equal Protection Clause.' 471 S.W.2d at 378. However, the burden is on the State to show that noncompliance with Section 26 is 'either required or justified to comply with the one-man, one-vote decisions.' ''Id''. Thus far, the State has asserted no such justification here. The possibility that it could do so in further proceedings does not render the Gutierrez Plaintiffs' Section 26 claim facially invalid for purposes of whether immunity has been waived.")
None.


|historic=
|historic=


* ''Clements v. Valles'', 620 S.W.2d 112, [https://scholar.google.com/scholar_case?case=16878065276628951484#p115 115] (Tex. 1981) ("Finally, the failure of the plan in House Bill 960 to allot two representative districts to Nueces County is not justified by the necessity of complying with the Voting Rights Act . . . . Appellees introduced evidence of two alternate plans which created two districts wholly within Nueces County and maintained the voting strength of the Hispanic population, as required by the Voting Rights Act. Although a legislative enactment is entitled to a presumption of validity, it is our opinion that House Bill 960 violates the Texas Constitution and must be declared invalid in its entirety.")
None.
 
* ''Smith v. Craddick'', 471 S.W.2d 375, [https://scholar.google.com/scholar_case?case=12960073997449546181#p377 377] (Tex. 1971) ("Section 26 requires that apportionment be by county and when two or more counties are required to make up a district of proper population, the district lines shall follow county boundaries and the counties shall be contiguous. A county not entitled to its own representative must be joined to contiguous counties so as to achieve a district with the population total entitled to one representative. The only impairment of this mandate is that a county may be divided if to do so is necessary in order to comply with the equal population requirement of the Fourteenth Amendment.")


|seo_title=Article III, Section 26 of the Texas Constitution ("Apportionment of Members of House of Representatives")
|seo_title=Article III, Section 49-d-12 of the Texas Constitution ("State Water Implementation Fund for Texas")
|seo_keywords=Article 3 Section 26, house districts, equal population
|seo_keywords=Article 3 Section 49-d-12, water bonds, debt authorization
|seo_description=The members of the House of Representatives shall be apportioned among the several counties.
|seo_description=The State Water Implementation Fund for Texas is created as a special fund in the State Treasury.
|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
Line 25: Line 41:
}}
}}


[[Category:Election Law]]
[[Category:Water Law]]
[[Category:TxCon ArtIII Sec]]
[[Category:TxCon ArtIII Sec]]

Revision as of 19:27, August 8, 2023

Added November 5, 2013:

(a) The State Water Implementation Fund for Texas is created as a special fund in the State Treasury outside the General Revenue Fund. Money in the State Water Implementation Fund for Texas shall be administered, without further appropriation, by the Texas Water Development Board or that board's successor in function and shall be used for the purpose of implementing the state water plan that is adopted as required by general law by the Texas Water Development Board or that board's successor in function. Separate accounts may be established in the State Water Implementation Fund for Texas as necessary to administer the fund or authorized projects.

(b) The Legislature by general law may authorize the Texas Water Development Board or that board's successor in function to enter into bond enhancement agreements to provide additional security for general obligation bonds or revenue bonds of the Texas Water Development Board or that board's successor in function, the proceeds of which are used to finance state water plan projects. Bond enhancement agreements must be payable solely from the State Water Implementation Fund for Texas; provided, however, the bond enhancement agreements may not exceed an amount that can be fully supported by the State Water Implementation Fund for Texas. Any amount paid under a bond enhancement agreement may be repaid as provided by general law; provided, however, any repayment may not cause general obligation bonds that are issued under Sections 49-d-9 and 49-d-11 of this article and that are payable from the fund or account receiving the bond enhancement payment to be no longer self-supporting for purposes of Section 49-j(b) of this article. Payments under a bond enhancement agreement entered into pursuant to this section may not be a constitutional state debt payable from general revenues of the state.

(c) The Legislature by general law may authorize the Texas Water Development Board or that board's successor in function to use the State Water Implementation Fund for Texas to finance, including by direct loan, water projects included in the state water plan.

(d) The Texas Water Development Board or that board's successor in function shall provide written notice to the Legislative Budget Board or that board's successor in function before each bond enhancement agreement or loan agreement entered into pursuant to this section has been executed by the Texas Water Development Board or that board's successor in function and shall provide a copy of the proposed agreement to the Legislative Budget Board or that board's successor in function for approval. The proposed agreement shall be considered to be approved unless the Legislative Budget Board or that board's successor in function issues a written disapproval not later than the 21st day after the date on which the staff of that board receives the submission.

(e) The State Water Implementation Fund for Texas consists of: (1) money transferred or deposited to the credit of the fund by general law, including money from any source transferred or deposited to the credit of the fund at the discretion of the Texas Water Development Board or that board's successor in function as authorized by general law; (2) the proceeds of any fee or tax imposed by this state that by statute is dedicated for deposit to the credit of the fund; (3) any other revenue that the Legislature by statute dedicates for deposit to the credit of the fund; (4) investment earnings and interest earned on amounts credited to the fund; and (5) money transferred to the fund under a bond enhancement agreement from another fund or account to which money from the fund was transferred under a bond enhancement agreement, as authorized by general law.

(f) The Legislature by general law shall provide for the manner in which the assets of the State Water Implementation Fund for Texas may be used, subject to the limitations provided by this section. The Legislature by general law may provide for costs of investment of the State Water Implementation Fund for Texas to be paid from that fund.

(g) As provided by general law, each fiscal year the Texas Water Development Board or that board's successor in function shall set aside from amounts on deposit in the State Water Implementation Fund for Texas an amount that is sufficient to make payments under bond enhancement agreements that become due during that fiscal year.

(h) Any dedication or appropriation of amounts on deposit in the State Water Implementation Fund for Texas may not be modified so as to impair any outstanding obligation under a bond enhancement agreement secured by a pledge of those amounts unless provisions have been made for a full discharge of the bond enhancement agreement.

(i) Money in the State Water Implementation Fund for Texas is dedicated by this constitution for purposes of Section 22, Article VIII, of this constitution and an appropriation from the economic stabilization fund to the credit of the State Water Implementation Fund for Texas is an appropriation of state tax revenues dedicated by this constitution for the purposes of Section 22, Article VIII, of this constitution.

(j) This section being intended only to establish a basic framework and not to be a comprehensive treatment of the State Water Implementation Fund for Texas, there is hereby reposed in the Legislature full power to implement and effectuate the design and objects of this section, including the power to delegate such duties, responsibilities, functions, and authority to the Texas Water Development Board or that board's successor in function as the Legislature believes necessary.

Editor Comments

None.

—Attorney Steve Smith

Recent Decisions

None.

Historic Decisions

None.

Library Resources

Online Resources

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