Texas Constitution:Article III, Section 51 and Texas Constitution:Article III, Section 51-a-1: Difference between pages

From TLG
(Difference between pages)
Jump to navigation Jump to search
mNo edit summary
 
mNo edit summary
 
Line 1: Line 1:
{{DISPLAYTITLE:Article III, Section 51 of the Texas Constitution (''<small>"Grants of Public Money Prohibited"</small>'')}}{{Texas Constitution|text=As amended November 2, 1999:
{{DISPLAYTITLE:Article III, Section 51-a-1 of the Texas Constitution (''<small>"Financial Assistance to Local Fire Departments and Organizations"</small>'')}}{{Texas Constitution|text=Added November 7, 1989:


'''The Legislature shall have no power to make any grant or authorize the making of any grant of public moneys to any individual, association of individuals, municipal or other corporations whatsoever; provided that the provisions of this section shall not be construed so as to prevent the grant of aid in cases of public calamity.'''
'''(a) The Legislature by general law may authorize the use of public money to provide to local fire departments and other public fire-fighting organizations: (1) loans or other financial assistance to purchase fire-fighting equipment and to aid in providing necessary equipment and facilities to comply with federal and state law; and (2) scholarships and grants to educate and train the members of local fire departments and other public fire-fighting organizations.'''
 
'''(b) A portion of the money used under this section may be used for the administrative costs of the program. The Legislature shall provide for the terms and conditions of scholarships, grants, loans, and other financial assistance to be provided under this section.'''


|editor=
|editor=


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.
In 1958, a Section 51-a-1 (which concerned indigent medical care) was added to Article III.


As adopted, it read: "The Legislature shall have no power to make any grant, or authorize the making of any grant, of public money to any individual, association of individuals, municipal or other corporation whatsoever; provided, that this shall not be so construed as to prevent the grant of aid in case of public calamity."
In 1965, that section was repealed and its substance transferred to Article III, Section [[Texas Constitution:Article III, Section 51-a|51-a]].
 
The section has been amended nine times. The first eight amendments concerned grants to certain Confederate participants and their spouses. The last amendment in 1999 removed the remaining language concerning such assistance.


|recent=
|recent=


* ''Fort Worth Indep. Sch. Dist. v. City of Fort Worth'', 22 S.W.3d 831, [https://scholar.google.com/scholar_case?case=4029717219227699877#p841 841-42] (Tex. 2000) ("The City’s most serious attack on the validity of the 1936 arrangement is that Ordinance No. 1935 required it to grant its funds to the School District in violation of article III, section 51 of the Texas Constitution, which states that '. . .', and section 52 of the same article, which similarly provides that with exceptions not here applicable, '. . .'. To answer this argument, we must determine whether Bell's payments under Ordinance No. 1933 were solely for City services and taxes or whether they were also for School District taxes. If the former, then the City could not apportion them to the School District because they would constitute the City’s 'public money'.")
None.


|historic=
|historic=


* ''State v. City of Austin'', 331 S.W.2d 737, [https://scholar.google.com/scholar_case?case=3606363952092627207#p742 742-43] (Tex. 1960) ("The purpose of this section and of Article XVI, Section 6, of the Constitution is to prevent the application of public funds to private purposes . . . . The question to be decided then is whether the use of public funds to pay part or all of the loss or expense to which an individual or corporation is subjected by the state in the exercise of its police power is an unconstitutional donation for a private purpose. We think not provided the statute creating the right of reimbursement operates prospectively, deals with the matter in which the public has a real and legitimate interest, and is not fraudulent, arbitrary or capricious.")
None.
 
* ''Friedman v. American Surety Co.'', 151 S.W.2d 570, [https://texaslegalguide.com/images/151_SW2_570.pdf#page=9 578] (Tex. 1941) ("Section 51 of Article III of our Constitution provides that the Legislature shall have no power to make any grant or authorize the making of any grant of public moneys to any individual, association of individuals, municipal or other corporations, whatsoever. It is then provided that the Legislature may grant aid to indigent or disabled Confederate soldiers and their widows. Aid in case of public calamity is also preserved. Under the plain provisions of this constitutional provision, the Legislature is without power to grant or authorize the making of any grant of public moneys to any individual as a gratuity.")
 
* ''City of Aransas Pass v. Keeling'', 247 S.W. 818, [https://texaslegalguide.com/images/247_SW_818.pdf#page=2 819-20] (Tex. 1923) ("The state here bestows no gratuity. The people of the state at large have a direct and vital interest in protecting the coast cities from the perils of violent storms. The destruction of ports, through which moves the commerce of the state, is a state-wide calamity. Hence sea walls and breakwaters on the Gulf coast, though of special benefit to particular communities, must be regarded as promoting the general welfare and prosperity of the state. . . . The use of the cities or counties as agents of the state in the discharge of the state's duty is in no wise inhibited by the Constitution in section 51 of article 3.")
 
* ''Bexar County v. Linden'', 220 S.W. 761, [https://texaslegalguide.com/images/220_SW_761.pdf#page=2 762] (Tex. 1920) ("The giving away of public money, its application to other than strictly governmental purposes, is what the provision is intended to guard against. The prohibition is a positive and absolute one except as to a distinctive class to whom the State is under a sacred obligation. Not only are individuals, associations of individuals and private corporations within its spirit, but all kinds of public or political corporations, as well, whether strictly municipal or not. . . . The similar restraints upon the use of public funds and the public credit applied to counties by these other provisions of the Constitution practically demonstrate this to be true.")


|seo_title=Article III, Section 51 of the Texas Constitution ("Grants of Public Money Prohibited")
|seo_title=Article III, Section Section 51-a-1 of the Texas Constitution ("Financial Assistance to Local Fire Departments and Organizations")
|seo_keywords=Article 3 Section 51, Texas Legislature, gratuitous grants prohibited
|seo_keywords=Article 3 Section Section 51-a-1, fire departments, grant authorized
|seo_description=The legislative power of Texas is vested in a Senate and House of Representatives.
|seo_description=The Legislature may authorize the use of public money to provide financial assistance to local fire departments.
|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
Line 33: Line 27:
}}
}}


[[Category:Repealed Section]]
[[Category:TxCon ArtIII Sec]]
[[Category:TxCon ArtIII Sec]]

Revision as of 10:24, August 14, 2023

Added November 7, 1989:

(a) The Legislature by general law may authorize the use of public money to provide to local fire departments and other public fire-fighting organizations: (1) loans or other financial assistance to purchase fire-fighting equipment and to aid in providing necessary equipment and facilities to comply with federal and state law; and (2) scholarships and grants to educate and train the members of local fire departments and other public fire-fighting organizations.

(b) A portion of the money used under this section may be used for the administrative costs of the program. The Legislature shall provide for the terms and conditions of scholarships, grants, loans, and other financial assistance to be provided under this section.

Editor Comments

In 1958, a Section 51-a-1 (which concerned indigent medical care) was added to Article III.

In 1965, that section was repealed and its substance transferred to Article III, Section 51-a.

Attorney Steve Smith

Recent Decisions

None.

Historic Decisions

None.

Library Resources

Online Resources