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Texas Constitution:Article III, Section 48 (view source)
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Note that Article VIII, Section [[Texas Constitution:Article VIII, Section 3|3]], adopted in 1876 and never amended, expressly limits taxation to public purposes. | Note that Article VIII, Section [[Texas Constitution:Article VIII, Section 3|3]], adopted in 1876 and never amended, expressly limits taxation to public purposes. | ||
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: The payment of all interest upon the bonded debt of the State; The erection and repairs of public buildings; 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; 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; The payment of the cost of assessing and collecting the revenue; and the payment of all officers, agents and employes [sic] of the State government, and all incidental expenses connected therewith; The enforcement of quarantine regulations on the coast of Texas; The protection of the frontier." | 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 employes [sic] of the State government, and all incidental expenses connected therewith; [6] The enforcement of quarantine regulations on the coast of Texas; [and 7]The protection of the frontier." | ||
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 C. May, ''Government'' at [https://www.tshaonline.org/handbook/entries/government 1], Texas State Historical Association Handbook of Texas Online. | 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 C. May, ''Government'' at [https://www.tshaonline.org/handbook/entries/government 1], Texas State Historical Association Handbook of Texas Online. | ||