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Texas Constitution:Article III, Section 52 (view source)
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'''(d) Any defined district created under this section that is authorized to issue bonds or otherwise lend its credit for the purposes stated in Subdivisions (1) and (2) of Subsection (b) of this section may engage in fire-fighting activities and may issue bonds or otherwise lend its credit for fire-fighting purposes as provided by law and this constitution.''' | '''(d) Any defined district created under this section that is authorized to issue bonds or otherwise lend its credit for the purposes stated in Subdivisions (1) and (2) of Subsection (b) of this section may engage in fire-fighting activities and may issue bonds or otherwise lend its credit for fire-fighting purposes as provided by law and this constitution.''' | ||
'''(e) A county, city, town, or other political corporation or subdivision of the | '''(e) A county, city, town, or other political corporation or subdivision of the State may invest its funds as authorized by law.''' | ||
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This section first appeared in the Texas Constitution of 1876. Neither the Republic of Texas constitution (1836) nor any of the state's first four constitutions (1845, 1861, 1866, 1869) contained a provision with similar substantive language. | |||
As adopted, it read: "The Legislature shall have no power to authorize any county, city, town, or other political corporation, or subdivision of the State, to lend its credit or to grant public money or thing of value, in aid of any individual, association, or corporation whatsoever; or to become a stockholder in such corporation, association or company." It has been amended seven times. Amendments were approved in 1904, 1970, 1978, 1986, 1989, and 1999 (two). | |||
Note that the Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2020/kp-0311.pdf#page=4 KP-311] (2020), opined that: "A county may call a bond election under Texas Constitution article III, section 52(b) or (c) and expend bond funds for the construction, repair, improvement, and maintenance of city streets if the county has municipal consent and determines that the city streets are an integral part of or a connecting link to a county road or a state highway." | Note that the Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2020/kp-0311.pdf#page=4 KP-311] (2020), opined that: "A county may call a bond election under Texas Constitution article III, section 52(b) or (c) and expend bond funds for the construction, repair, improvement, and maintenance of city streets if the county has municipal consent and determines that the city streets are an integral part of or a connecting link to a county road or a state highway." | ||
And | And, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2019/kp-0237.pdf#page=5 KP-237] (2019), he opined that: "Article III, section 52(a) of the Texas Constitution prohibits the expenditure of county funds for private . . . . With respect to the proposed expenditures to a school district, the specific question for the commissioners court is whether providing law enforcement services, grounds maintenance, and a library for an independent school district serves a specific county purpose." | ||
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|seo_title=Article III, Section 52 of the Texas Constitution ("Restrictions on Lending Credit or Making Grants by Political Subdivisions") | |seo_title=Article III, Section 52 of the Texas Constitution ("Restrictions on Lending Credit or Making Grants by Political Subdivisions") | ||
|seo_keywords=Article 3 Section 52, | |seo_keywords=Article 3 Section 52, debt authorization, road districts | ||
|seo_description= | |seo_description=This section has been criticized as an example of the poor draftsmanship that pervades much of the Texas constitution. | ||
|seo_image=Texas_Constitution_of_1876_Article_3.jpg | |seo_image=Texas_Constitution_of_1876_Article_3.jpg | ||
|seo_image_alt=Article III: Legislative Department | |seo_image_alt=Article III: Legislative Department | ||