Texas Constitution:Article III, Section 48 and Texas Constitution:Article III, Section 49-d-11: Difference between pages

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{{DISPLAYTITLE:Article III, Section 48 of the Texas Constitution}}{{Texas Constitution|text=
{{DISPLAYTITLE:Article III, Section 49-d-11 of the Texas Constitution (''<small>"Authorization for Bonds for Texas Water Development Fund II"</small>'')}}{{Texas Constitution|text=Added November 8, 2011:


<div></div>'''This section was repealed August 5, 1969.'''
'''(a) In addition to the bonds authorized by the other provisions of this article, the Texas Water Development Board may issue general obligation bonds, at its determination and on a continuing basis, for one or more accounts of the Texas Water Development Fund II in amounts such that the aggregate principal amount of the bonds issued by the board under this section that are outstanding at any time does not exceed $6 billion.'''


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'''(b) Section [[Texas Constitution:Article III, Section 49-d-8|49-d-8]] of this article applies to the bonds authorized by this section. The limitation in Section [[Texas Constitution:Article III, Section 49-d-8|49-d-8]] of this article that the Texas Water Development Board may not issue bonds in excess of the aggregate principal amount of previously authorized bonds does not apply to the bonds authorized by and issued under this section.'''


Note that Article VIII, Section [[Texas Constitution:Article VIII, Section 3|3]], adopted in 1876 and never amended, expressly limits taxation to public purposes.
'''(c) A limitation on the percentage of state participation in any single project imposed by this article does not apply to a project funded with the proceeds of bonds issued under the authority of this section or Section [[Texas Constitution:Article III, Section 49-d-8|49-d-8]] of this article.'''


As adopted in 1876, this section read: "The Legislature shall not have the right to levy taxes or impose burdens upon the people, except to raise revenue sufficient for the economical administration of the government, in which may be included the following purposes: [1] The payment of all interest upon the bonded debt of the State; [2] The erection and repairs of public buildings; [3] The benefit of the sinking fund, which shall not be more than two per centum of the public debt; and for the payment of the present floating debt of the State, including matured bonds for the payment of which the sinking fund is inadequate; [4] The support of public schools, in which shall be included colleges and universities established by the State; and the maintenance and support of the Agricultural and Mechanical College of Texas; [5] The payment of the cost of assessing and collecting the revenue; and the payment of all officers, agents and employees of the State government, and all incidental expenses connected therewith; [6] The enforcement of quarantine regulations on the coast of Texas; [7]The protection of the frontier."
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An article written by an expert on the constitutional history of Texas states that: "The [Constitutional Convention of 1875] tried to turn the legislature into one of limited rather than plenary powers by enumerating subjects on which it could legislate (Art. III, Sec. 48), but the provision was never enforced by the courts." Janice C. May, ''Government'' at [https://www.tshaonline.org/handbook/entries/government 1], Texas State Historical Association Handbook of Texas Online.
 
However, as construed by the Legislature, the Attorney General and ultimately the Supreme Court, the former section simply limited taxation to public purposes. See, e.g., ''House Journal'', 28th Legislature, R.S., [https://lrl.texas.gov/scanned/Housejournals/28/H_28_0.pdf#page=346 345-46] (1903) (Judiciary Committee No. 1 report: "Legislative construction has followed this line of reasoning, and, without exception, every Legislature since the adoption of the Constitution has made appropriations for institutions and purposes that can, by no construction of language, be included in the specific purposes therein stated."); ''House Journal'', 33rd Legislature, 2nd C.S., [https://lrl.texas.gov/scanned/Housejournals/33/H_33_2.pdf#page=24 22] (1914) (Attorney General opinion: "The Legislature is not limited to appropriating money for those things particularly enumerated in this section . . . .").


The former section was never amended. Categorized as "deadwood," it and numerous other sections were repealed in 1969 by the same [https://lrl.texas.gov/scanned/Constitutional_Amendments/amendments61_tlc_1969-08-05.pdf#page=9 ballot proposition].
Note that Subsection (a), known as the evergreen provision, makes this section's $6 billion in bonding authority continuous.


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* ''Friedman v. American Surety Co.'', 151 S.W.2d 570, [https://texaslegalguide.com/images/151_SW2_570.pdf#page=8 577] (Tex. 1941) ("The effect of this constitutional provision is to prohibit the Legislature from levying taxes or imposing burdens for purposes other than to administer the Government. If a tax cannot be classed as a tax to administer the Government it is unconstitutional, unless it is authorized by some other constitutional provision. The administering of Government, however, covers and embraces a very large field of action. To our minds, this Act is not antagonistic to this constitutional provision. It certainly serves a public purpose. If it does so, and does not violate some other constitutional provision, it does not violate this provision.")
None.
 
* ''Storrie v. Houston City St. Ry. Co.'', 46 S.W. 796, [https://texaslegalguide.com/images/046_SW_796.pdf#page=3 798] (Tex. 1898) ("Section 48 embodies a prohibition against the exercise of the taxing power by the legislature except for certain purposes named. The language, 'the legislature shall not have the right to levy taxes or impose burdens upon the people,' etc., denies to the legislative department the right to exercise this power itself, and does not refer to any action by the legislature which would confer such authority upon a municipal corporation. It limits the exercise of that power by the legislature to raise revenue for the administration of the state government, as distinguished from the administration of municipal government.")


|seo_title=Article III, Section 48 of the Texas Constitution ("Repealed")
|seo_title=Article III, Section 49-d-11 of the Texas Constitution ("Authorization for Bonds for Texas Water Development Fund II")
|seo_keywords=Article 3 Section 49-d-11, water bonds, debt authorization
|seo_description=The Texas Water Development Board may issue bonds in amounts not to exceed $6 billion.
|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:Repealed Section]]
[[Category:Water Law]]
[[Category:TxCon ArtIII Sec]]
[[Category:TxCon ArtIII Sec]]

Revision as of 18:59, August 8, 2023

Added November 8, 2011:

(a) In addition to the bonds authorized by the other provisions of this article, the Texas Water Development Board may issue general obligation bonds, at its determination and on a continuing basis, for one or more accounts of the Texas Water Development Fund II in amounts such that the aggregate principal amount of the bonds issued by the board under this section that are outstanding at any time does not exceed $6 billion.

(b) Section 49-d-8 of this article applies to the bonds authorized by this section. The limitation in Section 49-d-8 of this article that the Texas Water Development Board may not issue bonds in excess of the aggregate principal amount of previously authorized bonds does not apply to the bonds authorized by and issued under this section.

(c) A limitation on the percentage of state participation in any single project imposed by this article does not apply to a project funded with the proceeds of bonds issued under the authority of this section or Section 49-d-8 of this article.

Editor Comments

Note that Subsection (a), known as the evergreen provision, makes this section's $6 billion in bonding authority continuous.

—Attorney Steve Smith

Recent Decisions

None.

Historic Decisions

None.

Library Resources

Online Resources

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