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Texas Constitution:Article III, Section 44 (view source)
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The Republic of Texas constitution (1836) did not have a similar provision. However, the State of Texas's first constitution (1845) did. Article VII, Section 7 read: "The Legislature shall provide by law for the compensation of all officers, servants, agents, and public contractors, not provided for by this constitution; and shall not grant extra compensation to any officer, agent, servant, or public contractor, after such public service shall have been performed, or contract entered into for performance of same; nor grant by appropriations or otherwise any amount of money out of the Treasury of the State to any individual, on a claim real or pretended, where the same shall not have been provided for by preexisting law: provided, that nothing in this section shall be so construed as to affect the claims of persons against the Republic of Texas, heretofore existing." The state's next three constitutions (1861, 1866, & 1869) each contained a similar provision. Note that the clause regarding employment was added in 1876. | The Republic of Texas constitution (1836) did not have a similar provision. However, the State of Texas's first constitution (1845) did. Article VII, Section 7 read: "The Legislature shall provide by law for the compensation of all officers, servants, agents, and public contractors, not provided for by this constitution; and shall not grant extra compensation to any officer, agent, servant, or public contractor, after such public service shall have been performed, or contract entered into for performance of same; nor grant by appropriations or otherwise any amount of money out of the Treasury of the State to any individual, on a claim real or pretended, where the same shall not have been provided for by preexisting law: provided, that nothing in this section shall be so construed as to affect the claims of persons against the Republic of Texas, heretofore existing." The state's next three constitutions (1861, 1866, & 1869) each contained a similar provision. Note that the clause regarding employment was added in 1876. | ||
https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1939/gm0632.pdf | The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1939/gm0632.pdf#page=2 O-632] (1939), opined that: "It is settled law that Section 44 of Article 3 prohibits the Legislature from appropriating State money to any person or corporation on any claim, unless, at the very time the appropriation is made there is already in force some pre-existing valid law constituting the claim the appropriation is made to pay a legal and valid obligation against the State. And by legal obligation is meant such obligation as would be enforced by the courts against the State, in the event the Legislature should permit the State to be sued. Fort Worth Cavalry Club vs. Sheppard (Supreme Court), 83 S. W. (2) 660." | ||
"It is settled law that Section 44 of Article 3 prohibits the Legislature from appropriating State money to any person or corporation on any claim, unless, at the very time the appropriation is made there | |||
is already in force some pre-existing valid law constituting the claim the appropriation is made to pay a legal and valid obligation against the State. And by legal obligation is meant such obligation as would be enforced by the courts against the State, in the event the Legislature should permit the State to be sued. Fort Worth Cavalry Club vs. Sheppard (Supreme Court), 83 S. W. (2) 660." | |||
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