Texas Constitution:Article III, Section 51-c: Difference between revisions

Revision as of 13:53, August 14, 2023

Added November 6, 1956:

The Legislature may grant aid and compensation to any person who has heretofore paid a fine or served a sentence in prison, or who may hereafter pay a fine or serve a sentence in prison, under the laws of this State for an offense for which he or she is not guilty, under such regulations and limitations as the Legislature may deem expedient.

Editor Comments

In 1937, a Section 51-c (which concerned assistance to the blind) was added to Article III.

In 1945, that section was repealed and its substance transferred to Article III, Section 51-a.

—Attorney Steve Smith

Recent Decisions

Brown v. City of Houston, 660 S.W.3d 749, 755-56 (Tex. 2023) ("Over a century after Texas authorized state penitentiaries, see Act of Mar. 13, 1848, 2d R.S., ch. 80, 1848 Tex. Gen. Laws 79, 79-84 ("An Act to establish a State Penitentiary"), the People decided that those who had been wrongfully imprisoned should not bear the loss of such misfortune alone. That sovereign policy decision manifested itself in a constitutional amendment approved in November 1956, which authorizes the legislature to 'grant aid and compensation to any person' fined or imprisoned 'for an offense for which he or she is not guilty, under such regulations and limitations as the Legislature may deem expedient.' Tex. Const. art. III, § 51-c. The amendment was a cautious, aspirational step. It did not directly promise anything to anyone, for by its terms the amendment was not self-executing.")

Historic Decisions

State v. Clements, 319 S.W.2d 450, 452 (Tex.Civ.App.–Texarkana 1958, ref'd) ("The expressed objectives of the amendment are to: (1) Make innocent persons fined or imprisoned for violating the law of Texas a subject of aid and compensation; (2) remove, as to the class of persons named in the amendment, the prohibition of Sec. 51, Art. III against granting funds to an individual; (3) empower enactment of such regulations and limitations the Legislature decides will promote the objective of aid and compensation to the class of persons named. From the section and article of the Constitution amended as well as the language used, no present right to aid and compensation is conferred upon the class of persons named independent of or without reference to the additional power at the same time vested in the Legislature. The right to receive aid and compensation is contingent upon action by the Legislature.")

Library Resources

Vernon's Annotated Constitution of the State of Texas (this multi-volume and up-to-date resource is available at all law libraries and many municipal libraries)

The Texas State Constitution: A Reference Guide (this one-volume resource is available at most law libraries and some municipal libraries)

The Constitution of the State of Texas: An Annotated and Comparative Analysis (this two-volume resource is available at most law libraries and some municipal libraries)

Online Resources

Constitution of the State of Texas (1876) (this resource is published and maintained by the University of Texas School of Law)

Amendments to the Texas Constitution Since 1876 (this resource is published and regularly updated by the Legislative Council)

Reports Analyzing Proposed Amendments (this resource is published and regularly updated by the Legislative Reference Library)

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 |recent=
-* ''Brown v. City of Houston'', 660 S.W.3d 749, [https://scholar.google.com/scholar_case?case=12437101429954066189#p755 755-56] (Tex. 2023) ("Over a century after Texas authorized state penitentiaries, see Act of Mar. 13, 1848, 2d R.S., ch. 80, 1848 Tex. Gen. Laws 79, 79-84 ("An Act to establish a State Penitentiary"), 756*756 the People decided that those who had been wrongfully imprisoned should not bear the loss of such misfortune alone. That sovereign policy decision manifested itself in a constitutional amendment approved in November 1956, which authorizes the legislature to "grant aid and compensation to any person" fined or imprisoned "for an offense for which he or she is not guilty, under such regulations and limitations as the Legislature may deem expedient." Tex. Const. art. III, § 51-c. The amendment was a cautious, aspirational step. It did not directly promise anything to anyone, for by its terms the amendment was not self-executing. See, e.g., State v. Clements, 319 S.W.2d 450, 453 (Tex. Civ. App.-Texarkana 1958, writ ref'd). It simply authorized legislation for its stated purpose.")
+* ''Brown v. City of Houston'', 660 S.W.3d 749, [https://scholar.google.com/scholar_case?case=12437101429954066189#p755 755-56] (Tex. 2023) ("Over a century after Texas authorized state penitentiaries, see Act of Mar. 13, 1848, 2d R.S., ch. 80, 1848 Tex. Gen. Laws 79, 79-84 ("An Act to establish a State Penitentiary"), the People decided that those who had been wrongfully imprisoned should not bear the loss of such misfortune alone. That sovereign policy decision manifested itself in a constitutional amendment approved in November 1956, which authorizes the legislature to 'grant aid and compensation to any person' fined or imprisoned 'for an offense for which he or she is not guilty, under such regulations and limitations as the Legislature may deem expedient.' Tex. Const. art. III, § 51-c. The amendment was a cautious, aspirational step. It did not directly promise anything to anyone, for by its terms the amendment was not self-executing.")
 |historic=
-* ''State v. Clements'', 319 S.W.2d 450, [https://scholar.google.com/scholar_case?case=2413660204882182745#p452 452]
+* ''State v. Clements'', 319 S.W.2d 450, [https://scholar.google.com/scholar_case?case=2413660204882182745#p452 452] (Tex.Civ.App.–Texarkana 1958, ref'd) ("The expressed objectives of the amendment are to: (1) Make innocent persons fined or imprisoned for violating the law of Texas a subject of aid and compensation; (2) remove, as to the class of persons named in the amendment, the prohibition of Sec. 51, Art. III against granting funds to an individual; (3) empower enactment of such regulations and limitations the Legislature decides will promote the objective of aid and compensation to the class of persons named. From the section and article of the Constitution amended as well as the language used, no present right to aid and compensation is conferred upon the class of persons named independent of or without reference to the additional power at the same time vested in the Legislature. The right to receive aid and compensation is contingent upon action by the Legislature.")
-(Tex. Civ. App.-Texarkana 1958, writ ref'd).
-("The expressed objectives of the amendment are to: (1) Make innocent persons fined or imprisoned for violating the law of Texas a subject of aid and compensation; (2) remove, as to the class of persons named in the amendment, the prohibition of Sec. 51, Art. III against granting funds to an individual; (3) empower enactment of such regulations and limitations the Legislature decides will promote the objective of aid and compensation to the class of persons named. From the section and article of the Constitution amended as well as the language used, no present right to aid and compensation is conferred upon the class of persons named independent of or without reference to the additional power at the same time vested in the Legislature. The right to receive aid and compensation is contingent upon action by the Legislature.")
 |seo_title=Article III, Section 51-c of the Texas Constitution ("Aid or Compensation to Persons Improperly Fined or Imprisoned")
-|seo_keywords=Article 3 Section 51-c, improperly imprisoned, grants authorized
+|seo_keywords=Article 3 Section 51-c, improperly punished, grants authorized
 |seo_description=The Legislature may grant aid or compensation to persons who have been improperly fined or imprisoned.
 |seo_image=Texas_Constitution_of_1876_Article_3.jpg