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Texas Constitution:Article III, Section 48 (view source)
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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." Prior to its repeal, the section had never been amended. | 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." Prior to its repeal, the section had never been amended. | ||
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 | 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 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 . . . ."). | 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 . . . ."). | ||