Texas Constitution:Article XVI, Section 61 and Texas Constitution:Article III, Section 49-d-7: Difference between pages

Revision as of 14:20, August 8, 2023

As amended November 2, 1999:

(a) The Texas Water Development Board may use the proceeds of Texas water development bonds issued for the purposes provided by Section 49-c of this article for the additional purpose of providing financial assistance, on terms and conditions provided by law, to various political subdivisions and bodies politic and corporate of the state and to nonprofit water supply corporations to provide for acquisition, improvement, extension, or construction of water supply projects that involve the distribution of water to points of delivery to wholesale or retail customers.

(b) The Legislature may provide by law for subsidized loans and grants from the proceeds of Texas water development bonds to provide wholesale and retail water and wastewater facilities to economically distressed areas of the state as defined by law, provided, the principal amount of bonds that may be issued for the purposes under this subsection may not exceed $250 million. Separate accounts shall be established in the water development fund for administering the proceedings [sic] of bonds issued for purposes under this subsection, and an interest and sinking fund separate from and not subject to the limitations of the interest and sinking fund created for other Texas water development bonds is established in the State Treasury to be used for paying the principal of and interest on bonds for the purposes of the [sic] subsection. While any of the bonds authorized for the purposes of this subsection or any of the interest on those bonds is outstanding and unpaid, there is appropriated out of the first money coming into the State Treasury in each fiscal year, not otherwise appropriated by this constitution, an amount that is sufficient to pay the principal of and interest on those bonds issued for the purposes under this subsection that mature or become due during that fiscal year.

Editor Comments

Added in 1989, this section has been amended twice. The 1999 modification was part of a "constitutional cleanup amendment."

—Attorney Steve Smith

Recent Decisions

None.

Historic Decisions

None.

Library Resources

Vernon's Annotated Constitution of the State of Texas (this multi-volume and up-to-date resource is available at all law libraries and many municipal libraries)

The Texas State Constitution: A Reference Guide (this one-volume resource is available at most law libraries and some municipal libraries)

The Constitution of the State of Texas: An Annotated and Comparative Analysis (this two-volume resource is available at most law libraries and some municipal libraries)

Online Resources

Constitution of the State of Texas (1876) (this resource is published and maintained by the University of Texas School of Law)

Amendments to the Texas Constitution Since 1876 (this resource is published and regularly updated by the Legislative Council)

Reports Analyzing Proposed Amendments (this resource is published and regularly updated by the Legislative Reference Library)

@@ Line 1: / Line 1: @@
-{{DISPLAYTITLE:Article XVI, Section 61 of the Texas Constitution}}{{Template:Texas Constitution|text=As amended November 2, 1999:
+{{DISPLAYTITLE:Article III, Section 49-d-7 of the Texas Constitution (''<small>"Use of Proceeds of Texas Water Development Bonds"</small>'')}}{{Texas Constitution|text=As amended November 2, 1999:
-'''(a) All district officers in the State of Texas and all county officers in counties having a population of twenty thousand (20,000) or more, according to the then last preceding Federal Census, shall be compensated on a salary basis.'''
+'''(a) The Texas Water Development Board may use the proceeds of Texas water development bonds issued for the purposes provided by Section [[Texas Constitution:Article III, Section 49-c|49-c]] of this article for the additional purpose of providing financial assistance, on terms and conditions provided by law, to various political subdivisions and bodies politic and corporate of the state and to nonprofit water supply corporations to provide for acquisition, improvement, extension, or construction of water supply projects that involve the distribution of water to points of delivery to wholesale or retail customers.'''
-'''(b) In all counties in this State, the Commissioners Courts shall be authorized to determine whether precinct officers shall be compensated on a fee basis or on a salary basis, with the exception that it shall be mandatory upon the Commissioners Courts, to  compensate all justices of the peace, constables, deputy constables and precinct law enforcement officers on a salary basis.'''
+'''(b) The Legislature may provide by law for subsidized loans and grants from the proceeds of Texas water development bonds to provide wholesale and retail water and wastewater facilities to economically distressed areas of the state as defined by law, provided, the principal amount of bonds that may be issued for the purposes under this subsection may not exceed $250 million. Separate accounts shall be established in the water development fund for administering the proceedings [sic] of bonds issued for purposes under this subsection, and an interest and sinking fund separate from and not subject to the limitations of the interest and sinking fund created for other Texas water development bonds is established in the State Treasury to be used for paying the principal of and interest on bonds for the purposes of the [sic] subsection. While any of the bonds authorized for the purposes of this subsection or any of the interest on those bonds is outstanding and unpaid, there is appropriated out of the first money coming into the State Treasury in each fiscal year, not otherwise appropriated by this constitution, an amount that is sufficient to pay the principal of and interest on those bonds issued for the purposes under this subsection that mature or become due during that fiscal year.'''
-'''(c) In counties having a population of less than twenty thousand (20,000), according to the then last preceding Federal Census, the Commissioners Courts have the authority to determine whether county officers shall be compensated on a fee basis or on a salary basis, with the exception that it shall be mandatory upon the Commissioners Courts to compensate all sheriffs, deputy sheriffs, county law enforcement officers including sheriffs who also perform the duties of assessor and collector of taxes, and their deputies, on a salary basis.'''
-'''(d) All fees earned by district, county and precinct officers shall be paid into the county treasury where earned for the account of the proper fund, provided that fees incurred by the State, county and any municipality, or in case where a pauper's oath is filed, shall be paid into the county treasury when collected and provided that where any officer is compensated wholly on a fee basis such fees may be retained by such officer or paid into the Treasury of the county as the Commissioners Court may direct.'''
-'''(e) All Notaries Public, county surveyors and public weighers shall continue to be compensated on a fee basis.'''
 |editor=
-This poorly-worded section, added in 1935 and amended three times, has been criticized as unnecessary.
+Added in 1989, this section has been amended twice. The 1999 modification was part of a "constitutional cleanup amendment."
-|other=
+|recent=
 None.
-|recent=
+|historic=
 None.
-|historic=
+|seo_title=Article III, Section 49-d-7 of the Texas Constitution ("Use of Proceeds of Texas Water Development Bonds")
+|seo_keywords=Article 3 Section 49-d-7, water bonds, debt authorization
-* ''Wichita County v. Robinson'', 276 S.W.2d 509, [https://scholar.google.com/scholar_case?case=8521443388670416176#p516 516-17] (Tex. 1954) ("A part of the compensation allowed by the statute was paid to him by the Commissioners Court. All parties acted in good faith and we think it would be inequitable under the circumstances here to require . . . . We therefore hold that the County is not entitled to recover from the respondent the compensation which had been paid him in reliance upon the validity of the law and on the advice of the Attorney General. It is to be understood that our holding on the unconstitutionality of the Act is confined solely to that portion of Section 57, that refers to 'salary payments' to tax assessors-collectors in counties of more than 20,000 population.")
+|seo_description=The Legislature may provide by law for subsidized loans and grants from the proceeds of Texas water development bonds.
+|seo_image=Texas_Constitution_of_1876_Article_3.jpg
+|seo_image_alt=Article III: Legislative Department
 }}
-[[Category:TxCon ArtXVI Sec]]
+[[Category:Water Law]]
+[[Category:TxCon ArtIII Sec]]