Texas Constitution:Article III, Section 48: Difference between revisions

Texas Constitution:Article III, Section 48 (view source)

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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 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, this 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 . . . .").
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