Texas Constitution:Article III, Section 66 and Texas Constitution:Article III, Section 51: Difference between pages

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{{DISPLAYTITLE:Article III, Section 66 of the Texas Constitution (''<small>"Limitation of Liability for Noneconomic Damages"</small>'')}}{{Texas Constitution|text=Added September 13, 2003:
{{DISPLAYTITLE:Article III, Section 51 of the Texas Constitution (''<small>"Grants of Public Money Prohibited"</small>'')}}{{Texas Constitution|text=As amended November 2, 1999:


'''(a) In this section "economic damages" means compensatory damages for any pecuniary loss or damage. The term does not include any loss or damage, however characterized, for past, present, and future physical pain and suffering, mental anguish and suffering, loss of consortium, loss of companionship and society, disfigurement, or physical impairment.'''
'''The Legislature shall have no power to make any grant or authorize the making of any grant of public moneys to any individual, association of individuals, municipal or other corporations whatsoever; provided that the provisions of this section shall not be construed so as to prevent the grant of aid in cases of public calamity.'''


'''(b) Notwithstanding any other provision of this constitution, the Legislature by statute may determine the limit of liability for all damages and losses, however characterized, other than economic damages, of a provider of medical or health care with respect to treatment, lack of treatment, or other claimed departure from an accepted standard of medical or health care or safety, however characterized, that is or is claimed to be a cause of, or that contributes or is claimed to contribute to, disease, injury, or death of a person. This subsection applies without regard to whether the claim or cause of action arises under or is derived from common law, a statute, or other law, including any claim or cause of action based or sounding in tort, contract, or any other theory or any combination of theories of liability. The claim or cause of action includes a medical or health care liability claim as defined by the Legislature.'''
|editor=


'''(c) Notwithstanding any other provision of this constitution, after January 1, 2005, the Legislature by statute may determine the limit of liability for all damages and losses, however characterized, other than economic damages, in a claim or cause of action not covered by Subsection (b) of this section. This subsection applies without regard to whether the claim or cause of action arises under or is derived from common law, a statute, or other law, including any claim or cause of action based or sounding in tort, contract, or any other theory or any combination of theories of liability.'''
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.


'''(d) Except as provided by Subsection (c) of this section, this section applies to a law enacted by the 78th Legislature, Regular Session, 2003, and to all subsequent regular or special sessions of the Legislature.'''
It is derived from Article IV, Section 46 of the 1875 Missouri Constitution, which read: "The General Assembly shall have no power to make any grant, or to authorize the making of any grant of public money or thing of value to any individual, association of individuals, municipal or other corporation whatsoever; provided, that this shall not be so construed as to prevent the grant of aid in case of public calamity."


'''(e) A legislative exercise of authority under Subsection (c) of this section requires a three-fifths vote of all the members elected to each House and must include language citing this section.'''
As adopted, this section read: "The Legislature shall have no power to make any grant, or authorize the making of any grant, of public money to any individual, association of individuals, municipal or other corporation whatsoever; provided, that this shall not be so construed as to prevent the grant of aid in case of public calamity."
 
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This section, approved by 51% of voters, authorizes the Legislature to set a limit on noneconomic damages in medical and other liability lawsuits.
It has been amended nine times. The first eight amendments concerned grants to certain Confederate participants and their spouses. The last amendment in 1999 removed the remaining language concerning such assistance.


|recent=
|recent=


None.
* ''Fort Worth Indep. Sch. Dist. v. City of Fort Worth'', 22 S.W.3d 831, [https://scholar.google.com/scholar_case?case=4029717219227699877#p841 841-42] (Tex. 2000) ("The City's most serious attack on the validity of the 1936 arrangement is that Ordinance No. 1935 required it to grant its funds to the School District in violation of article III, section 51 of the Texas Constitution . . . and section 52 of the same article, which similarly provides . . . . To answer this argument, we must determine whether Bell's payments under Ordinance No. 1933 were solely for City services and taxes or whether they were also for School District taxes. If the former, then the City could not apportion them to the School District because they would constitute the City's 'public money'.")


|historic=
|historic=


* ''Lucas v. United States'', 757 S.W.2d 687, [https://scholar.google.com/scholar_case?case=9397562048417946578#p692 692] (Tex. 1988) (footnote omitted) ("[W]e agree with the statement by the Supreme Court of New Hampshire: 'It is simply unfair and unreasonable to impose the burden of supporting the medical care industry solely upon those persons who are most severely injured and therefore most in need of compensation.' ''Carson v. Maurer'', 120 N.H. 925, 424 A.2d 825, 837 (1980). For the reasons stated in this opinion, our answer to the certified question is that the limitation on medical malpractice damages in Tex.Rev.Civ.Stat.Ann. art. 4590i, §§ 11.02 and 11.03, is inconsistent with and violative of article I, section 13, of the Texas Constitution.")
* ''State v. City of Austin'', 331 S.W.2d 737, [https://scholar.google.com/scholar_case?case=3606363952092627207#p742 742-43] (Tex. 1960) ("The purpose of this section and of Article XVI, Section 6, of the Constitution is to prevent the application of public funds to private purposes . . . . The question to be decided then is whether the use of public funds to pay part or all of the loss or expense to which an individual or corporation is subjected by the state in the exercise of its police power is an unconstitutional donation for a private purpose. We think not provided the statute creating the right of reimbursement operates prospectively, deals with the matter in which the public has a real and legitimate interest, and is not fraudulent, arbitrary or capricious.")
 
* ''Friedman v. American Surety Co.'', 151 S.W.2d 570, [https://texaslegalguide.com/images/151_SW2_570.pdf#page=9 578] (Tex. 1941) ("Section 51 of Article III of our Constitution provides that the Legislature shall have no power to make any grant or authorize the making of any grant of public moneys to any individual, association of individuals, municipal or other corporations, whatsoever. It is then provided that the Legislature may grant aid to indigent or disabled Confederate soldiers and their widows. Aid in case of public calamity is also preserved. Under the plain provisions of this constitutional provision, the Legislature is without power to grant or authorize the making of any grant of public moneys to any individual as a gratuity.")
 
* ''City of Aransas Pass v. Keeling'', 247 S.W. 818, [https://texaslegalguide.com/images/247_SW_818.pdf#page=2 819-20] (Tex. 1923) ("The state here bestows no gratuity. The people of the state at large have a direct and vital interest in protecting the coast cities from the perils of violent storms. The destruction of ports, through which moves the commerce of the state, is a state-wide calamity. Hence sea walls and breakwaters on the Gulf coast, though of special benefit to particular communities, must be regarded as promoting the general welfare and prosperity of the state. . . . The use of the cities or counties as agents of the state in the discharge of the state's duty is in no wise inhibited by the Constitution in section 51 of article 3.")
 
* ''Bexar County v. Linden'', 220 S.W. 761, [https://texaslegalguide.com/images/220_SW_761.pdf#page=2 762] (Tex. 1920) ("The giving away of public money, its application to other than strictly governmental purposes, is what the provision is intended to guard against. The prohibition is a positive and absolute one except as to a distinctive class to whom the State is under a sacred obligation. Not only are individuals, associations of individuals and private corporations within its spirit, but all kinds of public or political corporations, as well, whether strictly municipal or not. . . . The similar restraints upon the use of public funds and the public credit applied to counties by these other provisions of the Constitution practically demonstrate this to be true.")


|seo_title=Article III, Section 66 of the Texas Constitution ("Limitation of Liability for Noneconomic Damages")
|seo_title=Article III, Section 51 of the Texas Constitution ("Grants of Public Money Prohibited")
|seo_keywords=Article 3 Section 66, tort liability, legislative caps
|seo_keywords=Article 3 Section 51, gifts prohibited, gift clauses
|seo_description=The Legislature may determine the limit of liability for all damages other than economic damages.
|seo_description=The purpose of this section is to prevent the expenditure of public funds for private purposes.
|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
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}}
}}


[[Category:Accident & Injury Law]]
[[Category:TxCon ArtIII Sec]]
[[Category:TxCon ArtIII Sec]]

Revision as of 19:45, August 22, 2023

As amended November 2, 1999:

The Legislature shall have no power to make any grant or authorize the making of any grant of public moneys to any individual, association of individuals, municipal or other corporations whatsoever; provided that the provisions of this section shall not be construed so as to prevent the grant of aid in cases of public calamity.

Editor Comments

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.

It is derived from Article IV, Section 46 of the 1875 Missouri Constitution, which read: "The General Assembly shall have no power to make any grant, or to authorize the making of any grant of public money or thing of value to any individual, association of individuals, municipal or other corporation whatsoever; provided, that this shall not be so construed as to prevent the grant of aid in case of public calamity."

As adopted, this section read: "The Legislature shall have no power to make any grant, or authorize the making of any grant, of public money to any individual, association of individuals, municipal or other corporation whatsoever; provided, that this shall not be so construed as to prevent the grant of aid in case of public calamity."

It has been amended nine times. The first eight amendments concerned grants to certain Confederate participants and their spouses. The last amendment in 1999 removed the remaining language concerning such assistance.

—Attorney Steve Smith

Recent Decisions

  • Fort Worth Indep. Sch. Dist. v. City of Fort Worth, 22 S.W.3d 831, 841-42 (Tex. 2000) ("The City's most serious attack on the validity of the 1936 arrangement is that Ordinance No. 1935 required it to grant its funds to the School District in violation of article III, section 51 of the Texas Constitution . . . and section 52 of the same article, which similarly provides . . . . To answer this argument, we must determine whether Bell's payments under Ordinance No. 1933 were solely for City services and taxes or whether they were also for School District taxes. If the former, then the City could not apportion them to the School District because they would constitute the City's 'public money'.")

Historic Decisions

  • State v. City of Austin, 331 S.W.2d 737, 742-43 (Tex. 1960) ("The purpose of this section and of Article XVI, Section 6, of the Constitution is to prevent the application of public funds to private purposes . . . . The question to be decided then is whether the use of public funds to pay part or all of the loss or expense to which an individual or corporation is subjected by the state in the exercise of its police power is an unconstitutional donation for a private purpose. We think not provided the statute creating the right of reimbursement operates prospectively, deals with the matter in which the public has a real and legitimate interest, and is not fraudulent, arbitrary or capricious.")
  • Friedman v. American Surety Co., 151 S.W.2d 570, 578 (Tex. 1941) ("Section 51 of Article III of our Constitution provides that the Legislature shall have no power to make any grant or authorize the making of any grant of public moneys to any individual, association of individuals, municipal or other corporations, whatsoever. It is then provided that the Legislature may grant aid to indigent or disabled Confederate soldiers and their widows. Aid in case of public calamity is also preserved. Under the plain provisions of this constitutional provision, the Legislature is without power to grant or authorize the making of any grant of public moneys to any individual as a gratuity.")
  • City of Aransas Pass v. Keeling, 247 S.W. 818, 819-20 (Tex. 1923) ("The state here bestows no gratuity. The people of the state at large have a direct and vital interest in protecting the coast cities from the perils of violent storms. The destruction of ports, through which moves the commerce of the state, is a state-wide calamity. Hence sea walls and breakwaters on the Gulf coast, though of special benefit to particular communities, must be regarded as promoting the general welfare and prosperity of the state. . . . The use of the cities or counties as agents of the state in the discharge of the state's duty is in no wise inhibited by the Constitution in section 51 of article 3.")
  • Bexar County v. Linden, 220 S.W. 761, 762 (Tex. 1920) ("The giving away of public money, its application to other than strictly governmental purposes, is what the provision is intended to guard against. The prohibition is a positive and absolute one except as to a distinctive class to whom the State is under a sacred obligation. Not only are individuals, associations of individuals and private corporations within its spirit, but all kinds of public or political corporations, as well, whether strictly municipal or not. . . . The similar restraints upon the use of public funds and the public credit applied to counties by these other provisions of the Constitution practically demonstrate this to be true.")

Library Resources

Online Resources

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