Texas Constitution:Article III, Section 44: Difference between revisions

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* ''State v. Ragland Clinic-Hospital'', 159 S.W.2d 105, [https://texaslegalguide.com/images/159_SW2_105.pdf#page=3 107] (Tex. 1942) ("The plaintiff's contention that it had a right to contract with the employee of the Board because he had the apparent authority to make the contract on behalf of the State is unsound. Since the powers of all State officers are fixed by law, all persons dealing with them are charged with notice of the limits of their authority and are bound at their peril to ascertain whether the contemplated contract is within the power conferred. There is no occasion or excuse in such a case for indulging in presumptions or in relying on appearances.")
* ''State v. Ragland Clinic-Hospital'', 159 S.W.2d 105, [https://texaslegalguide.com/images/159_SW2_105.pdf#page=3 107] (Tex. 1942) ("The plaintiff's contention that it had a right to contract with the employee of the Board because he had the apparent authority to make the contract on behalf of the State is unsound. Since the powers of all State officers are fixed by law, all persons dealing with them are charged with notice of the limits of their authority and are bound at their peril to ascertain whether the contemplated contract is within the power conferred. There is no occasion or excuse in such a case for indulging in presumptions or in relying on appearances.")


* ''Austin Nat'l Bank v. Sheppard'', 71 S.W.2d 242, [https://texaslegalguide.com/images/071_S.W.2d_242.pdf#page=4 245] (Tex. 1934) ("By its express words the constitutional provision under consideration in no uncertain terms prohibits . . . . We interpret this to mean that the Legislature cannot appropriate state money to 'any individual' unless, at the very time the appropriation is made, there is already in force some valid law constituting the claim the appropriation is made to pay a legal and valid obligation of the state. By legal obligation is meant such an obligation as would form the basis of a judgment against the state in a court of competent jurisdiction in the event it should permit itself to be sued.")
* ''Austin Nat'l Bank v. Sheppard'', 71 S.W.2d 242, [https://texaslegalguide.com/images/071_SW2_242.pdf#page=4 245] (Tex. 1934) ("By its express words the constitutional provision under consideration in no uncertain terms prohibits . . . . We interpret this to mean that the Legislature cannot appropriate state money to 'any individual' unless, at the very time the appropriation is made, there is already in force some valid law constituting the claim the appropriation is made to pay a legal and valid obligation of the state. By legal obligation is meant such an obligation as would form the basis of a judgment against the state in a court of competent jurisdiction in the event it should permit itself to be sued.")


* ''Rhoads Drilling Co. v. Allred'', 70 S.W.2d 576, [https://texaslegalguide.com/images/070_S.W.2d_576.pdf#page=8 583] (Tex. 1934) ("Since none of the sections of the Constitution which have been cited forbids, either in terms or by necessary or reasonable implication, the changing or modifying of contracts with the state so as to reduce for a consideration executory obligations to the state, and since the decisions which have been discussed construe these sections of the Constitution as forbidding gifts, gratuities, or bounties, or the gratuitous releasing or extinguishing of obligations, [] chapter 120 in its necessary effect and operation as determined from its terms, is not unconstitutional.")
* ''Rhoads Drilling Co. v. Allred'', 70 S.W.2d 576, [https://texaslegalguide.com/images/070_S.W.2d_576.pdf#page=8 583] (Tex. 1934) ("Since none of the sections of the Constitution which have been cited forbids, either in terms or by necessary or reasonable implication, the changing or modifying of contracts with the state so as to reduce for a consideration executory obligations to the state, and since the decisions which have been discussed construe these sections of the Constitution as forbidding gifts, gratuities, or bounties, or the gratuitous releasing or extinguishing of obligations, [] chapter 120 in its necessary effect and operation as determined from its terms, is not unconstitutional.")