TLG

Texas Constitution:Article III, Section 55: Difference between revisions

Constitution Discussion

Texas Constitution:Article III, Section 55 (view source)

Revision as of 14:02, July 28, 2023

3 bytes removed ,  July 28, 2023
no edit summary
No edit summary
No edit summary
Line 17: Line 17:
* ''State v. City of Austin'', 331 S.W.2d 737, [https://scholar.google.com/scholar_case?case=3606363952092627207#p742 742] (Tex. 1960) (citations omitted) ("After the occurrence of events which under the law then existing give rise to an obligation on the part of an individual or corporation to the state, the Legislature has no power to release or diminish that obligation without consideration. Moreover, the use of public money to pay a claim predicated on facts which generate no state liability constitutes a gift or donation in violation of our Constitution. . . . In our opinion this does not constitute the release of an obligation to the state within the meaning of Article III, Section, 55, of the Constitution.")
* ''State v. City of Austin'', 331 S.W.2d 737, [https://scholar.google.com/scholar_case?case=3606363952092627207#p742 742] (Tex. 1960) (citations omitted) ("After the occurrence of events which under the law then existing give rise to an obligation on the part of an individual or corporation to the state, the Legislature has no power to release or diminish that obligation without consideration. Moreover, the use of public money to pay a claim predicated on facts which generate no state liability constitutes a gift or donation in violation of our Constitution. . . . In our opinion this does not constitute the release of an obligation to the state within the meaning of Article III, Section, 55, of the Constitution.")


* ''Jones v. Williams'', 45 S.W.2d 130, [https://texaslegalguide.com/images/045_S.W.2d_130.pdf#page=8 137] (Tex. 1931) ("Applying these rules, it is plain that sections 51 and 55 of article 3 cannot be construed to render nugatory the power to remit fines, penalties, and forfeitures by general law. Our construction of the Constitution that the Legislature may remit accrued penalties by general law, notwithstanding sections 51 and 55 of article 3, and the equal taxation and other provisions of the Constitution, is consistent with the authorities generally . . . . The tax cases cited proceed upon the principle that a penalty is not a part of the tax-proper, and is therefore subject to legislative control.")
* ''Jones v. Williams'', 45 S.W.2d 130, [https://texaslegalguide.com/images/045_SW2_130.pdf#page=8 137] (Tex. 1931) ("Applying these rules, it is plain that sections 51 and 55 of article 3 cannot be construed to render nugatory the power to remit fines, penalties, and forfeitures by general law. Our construction of the Constitution that the Legislature may remit accrued penalties by general law, notwithstanding sections 51 and 55 of article 3, and the equal taxation and other provisions of the Constitution, is consistent with the authorities generally . . . . The tax cases cited proceed upon the principle that a penalty is not a part of the tax-proper, and is therefore subject to legislative control.")


|seo_title=Article III, Section 55 of the Texas Constitution ("Extinguishment of Indebtedness to State or Political Subdivision")
|seo_title=Article III, Section 55 of the Texas Constitution ("Extinguishment of Indebtedness to State or Political Subdivision")
Retrieved from "https://texaslegalguide.com/Special:MobileDiff/5567"