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Texas Constitution:Article XI, Section 3 (view source)
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= | {{DISPLAYTITLE:Article XI, Section 3 of the Texas Constitution}}{{Template:Texas Constitution|text=As amended November 7, 1989: | ||
. | '''No county, city, or other municipal corporation shall hereafter become a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit; but this shall not be construed to in any way affect any obligation heretofore undertaken pursuant to law or to prevent a county, city, or other municipal corporation from investing its funds as authorized by law.''' | ||
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The | The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2007/ga0583.pdf#page=3 GA-583] (2007), opined that: "The purpose of [Article III, Section [[Texas Constitution:Article III, Section 52#mw-content-text|52(a)]] and this section] is not to bar all transactions between counties and private entities. An expenditure that directly accomplishes a legitimate county purpose may still be valid even when it incidentally benefits a private interest." | ||
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* ''City of Cleburne v. Gulf, C. & S. F. Ry. Co.'', 1 S.W. 342, [[Media:001_SW_342.pdf]] (Tex. 1886) ("Section 3 of article 11 of the constitution prohibits municipal corporations from making appropriations or donations or loans of its credit to private corporations. The object of this provision was to deprive municipalities of the power possessed by them under the constitution of 1869, in the exercise of which many counties and towns in the state assumed burdens . . . . The increase in population and values expected from railway connection in many instances never came; and the tax, not lightened from these sources, depressed values, prevented immigration, and became a curse to the localities which had invited it as a blessing.") | |||
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[[Category:Local Government Law]] | |||
[[Category:TxCon ArtXI Sec]] | |||