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Texas Constitution:Article III, Section 55 (view source)
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* ''Corpus Christi People's Baptist Church, Inc. v. Nueces County Appraisal Dist.'', 904 S.W.2d 621, [https://scholar.google.com/scholar_case?case=16964221341806908402#p625 625] (Tex. 1995) ("This tolling provision is similar to statutes of limitation, which we have held are permissible under article III, section 55. In ''Sam Bassett Lumber Co.'', the City of Houston sought to obtain a personal judgment for delinquent property taxes. The defendant asserted limitations as a defense. The Court concluded that a ten-year statute of limitations did not violate article III, section 55 because limitation statutes do not release or extinguish a debt but merely affect the remedy when its enforcement is sought.") | * ''Corpus Christi People's Baptist Church, Inc. v. Nueces County Appraisal Dist.'', 904 S.W.2d 621, [https://scholar.google.com/scholar_case?case=16964221341806908402#p625 625] (Tex. 1995) ("This tolling provision is similar to statutes of limitation, which we have held are permissible under article III, section 55. In ''Sam Bassett Lumber Co.'', the City of Houston sought to obtain a personal judgment for delinquent property taxes. The defendant asserted limitations as a defense. The Court concluded that a ten-year statute of limitations did not violate article III, section 55 because limitation statutes do not release or extinguish a debt but merely affect the remedy when its enforcement is sought.") | ||
* ''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 | * ''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_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.") | * ''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.") | ||