Texas Constitution:Article III, Section 51-c: Difference between revisions

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* ''Brown v. City of Houston'', 660 S.W.3d 749,
* ''Brown v. City of Houston'', 660 S.W.3d 749, [https://scholar.google.com/scholar_case?case=12437101429954066189#p755 755-56] (Tex. 2023) ("Over a century after Texas authorized state penitentiaries, see Act of Mar. 13, 1848, 2d R.S., ch. 80, 1848 Tex. Gen. Laws 79, 79-84 ("An Act to establish a State Penitentiary"), 756*756 the People decided that those who had been wrongfully imprisoned should not bear the loss of such misfortune alone. That sovereign policy decision manifested itself in a constitutional amendment approved in November 1956, which authorizes the legislature to "grant aid and compensation to any person" fined or imprisoned "for an offense for which he or she is not guilty, under such regulations and limitations as the Legislature may deem expedient." Tex. Const. art. III, § 51-c. The amendment was a cautious, aspirational step. It did not directly promise anything to anyone, for by its terms the amendment was not self-executing. See, e.g., State v. Clements, 319 S.W.2d 450, 453 (Tex. Civ. App.-Texarkana 1958, writ ref'd). It simply authorized legislation for its stated purpose.")
[
 
755] (Tex. 2023)


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Revision as of 11:59, August 14, 2023

Added November 6, 1956:

The Legislature may grant aid and compensation to any person who has heretofore paid a fine or served a sentence in prison, or who may hereafter pay a fine or serve a sentence in prison, under the laws of this State for an offense for which he or she is not guilty, under such regulations and limitations as the Legislature may deem expedient.

Editor Comments

In 1937, a Section 51-c (which concerned assistance to the blind) was added to Article III.

In 1945, that section was repealed and its substance transferred to Article III, Section 51-a.

Attorney Steve Smith

Recent Decisions

  • Brown v. City of Houston, 660 S.W.3d 749, 755-56 (Tex. 2023) ("Over a century after Texas authorized state penitentiaries, see Act of Mar. 13, 1848, 2d R.S., ch. 80, 1848 Tex. Gen. Laws 79, 79-84 ("An Act to establish a State Penitentiary"), 756*756 the People decided that those who had been wrongfully imprisoned should not bear the loss of such misfortune alone. That sovereign policy decision manifested itself in a constitutional amendment approved in November 1956, which authorizes the legislature to "grant aid and compensation to any person" fined or imprisoned "for an offense for which he or she is not guilty, under such regulations and limitations as the Legislature may deem expedient." Tex. Const. art. III, § 51-c. The amendment was a cautious, aspirational step. It did not directly promise anything to anyone, for by its terms the amendment was not self-executing. See, e.g., State v. Clements, 319 S.W.2d 450, 453 (Tex. Civ. App.-Texarkana 1958, writ ref'd). It simply authorized legislation for its stated purpose.")

Historic Decisions

None.

Library Resources

Online Resources