Texas Constitution:Article III, Section 52-f: Difference between revisions
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{{DISPLAYTITLE:Article III, Section | {{DISPLAYTITLE:Article III, Section 52-f of the Texas Constitution (''<small>"Private Road Work by Counties with Population of 7,500 or less"</small>'')}}{{Texas Constitution|text=As amended November 3, 2015: | ||
'''A county with a population of 7,500 or less, according to the most recent federal census, may construct and maintain private roads if it imposes a reasonable charge for the work. The Legislature by general law may limit this authority. Revenue received from private road work may be used only for the construction, including right-of-way acquisition, or maintenance of public roads.''' | '''A county with a population of 7,500 or less, according to the most recent federal census, may construct and maintain private roads if it imposes a reasonable charge for the work. The Legislature by general law may limit this authority. Revenue received from private road work may be used only for the construction, including right-of-way acquisition, or maintenance of public roads.''' | ||
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This section was added in 1980. It has been amended once. The 2015 amendment increased the population limit from 5,000 to 7,500. | |||
Note that the Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2003/ga0085.pdf#page=3 GA-85] (2003) (citations and footnote omitted), opined that: "Furthermore, in the absence of a constitutional provision like article III, section 52f, a statute authorizing a county to maintain or work on private property would have to comply with article V, section 18(b), which limits commissioners courts' jurisdiction to 'county business.' . . . These limitations apply to the use of county labor, materials, and equipment." | |||
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* ''Ex parte Conger'', 357 S.W.2d 740, [https://scholar.google.com/scholar_case?case=15160967397958920489#p743 743] (Tex. 1962) ("In this case it is admitted that the relators had full knowledge of the injunctive order and the reasons for its issuance. Russell Arnold who was engaged in hauling, moving dirt and in other construction work in Upton County, filed his petition against the four County Commissioners and Upton County alleging that the Commissioners had been cleaning off and filling in lots, hauling for private use and otherwise using county equipment for the benefit of private persons and thus materially injuring his business and causing a substantial loss of patronage and profits.") | * ''Ex parte Conger'', 357 S.W.2d 740, [https://scholar.google.com/scholar_case?case=15160967397958920489#p743 743] (Tex. 1962) ("In this case it is admitted that the relators had full knowledge of the injunctive order and the reasons for its issuance. Russell Arnold who was engaged in hauling, moving dirt and in other construction work in Upton County, filed his petition against the four County Commissioners and Upton County alleging that the Commissioners had been cleaning off and filling in lots, hauling for private use and otherwise using county equipment for the benefit of private persons and thus materially injuring his business and causing a substantial loss of patronage and profits.") | ||
|seo_title=Article III, Section | |seo_title=Article III, Section 52-f of the Texas Constitution ("Private Road Work by Counties with Population of 7,500 or less") | ||
|seo_keywords=Article 3 Section | |seo_keywords=Article 3 Section 52-f, small counties, private roads | ||
|seo_description= | |seo_description=A county with 7,500 or fewer persons may perform work on a private road if it collects a reasonable charge. | ||
|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 | ||
Latest revision as of 16:43, August 16, 2023
As amended November 3, 2015:
A county with a population of 7,500 or less, according to the most recent federal census, may construct and maintain private roads if it imposes a reasonable charge for the work. The Legislature by general law may limit this authority. Revenue received from private road work may be used only for the construction, including right-of-way acquisition, or maintenance of public roads.
Editor Comments
This section was added in 1980. It has been amended once. The 2015 amendment increased the population limit from 5,000 to 7,500.
Note that the Texas Attorney General, in Tex. Att'y Gen. Op. GA-85 (2003) (citations and footnote omitted), opined that: "Furthermore, in the absence of a constitutional provision like article III, section 52f, a statute authorizing a county to maintain or work on private property would have to comply with article V, section 18(b), which limits commissioners courts' jurisdiction to 'county business.' . . . These limitations apply to the use of county labor, materials, and equipment."
Recent Decisions
None.
Historic Decisions
- Ex parte Conger, 357 S.W.2d 740, 743 (Tex. 1962) ("In this case it is admitted that the relators had full knowledge of the injunctive order and the reasons for its issuance. Russell Arnold who was engaged in hauling, moving dirt and in other construction work in Upton County, filed his petition against the four County Commissioners and Upton County alleging that the Commissioners had been cleaning off and filling in lots, hauling for private use and otherwise using county equipment for the benefit of private persons and thus materially injuring his business and causing a substantial loss of patronage and profits.")
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)