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

Latest revision as of 16:21, August 13, 2023

As amended November 2, 1999:

(a) The Legislature shall have the power, by general laws, to provide, subject to limitations herein contained, and such other limitations, restrictions and regulations as may by the Legislature be deemed expedient, for assistance grants to needy dependent children and the caretakers of such children, needy persons who are totally and permanently disabled because of a mental or physical handicap, needy aged persons and needy blind persons.

(b) The Legislature may provide by general law for medical care, rehabilitation and other similar services for needy persons. The Legislature may prescribe such other eligibility requirements for participation in these programs as it deems appropriate and may make appropriations out of state funds for such purposes. The maximum amount paid out of state funds for assistance grants, [sic] to or on behalf of needy dependent children and their caretakers shall not exceed one percent of the state budget. The Legislature by general statute shall provide for the means for determining the state budget amounts, including state and other funds appropriated by the Legislature, to be used in establishing the biennial limit.

(c) Provided further, that if the limitations and restrictions herein contained are found to be in conflict with the provisions of appropriate federal statutes, as they now are or as they may be amended to the extent that federal matching money is not available to the State for these purposes, then and in that event the Legislature is specifically authorized and empowered to prescribe such limitations and restrictions and enact such laws as may be necessary in order that such federal matching money will be available for assistance and/or medical care for or on behalf of needy persons.

(d) Nothing in this section shall be construed to amend, modify or repeal Section 31 of Article XVI of this constitution; provided further, however, that such medical care, services or assistance shall also include the employment of objective or subjective means, without the use of drugs, for the purpose of ascertaining and measuring the powers of vision of the human eye, and fitting lenses or prisms to correct or remedy any defect or abnormal condition of vision. Nothing herein shall be construed to permit optometrists to treat the eyes for any defect whatsoever in any manner nor to administer nor to prescribe any drug or physical treatment whatsoever, unless such optometrist is a regularly licensed physician or surgeon under the laws of this State.

Editor Comments

In 1933, a section "51a" was added to Article III. In 1962, a section 51-b-1 was added to Article III.

In 1963, Section "51a" was renamed Section 51-a and combined with the repealed Section 51-b-1.

In 1958, a section 51-a-1 was added to Article III. In 1964, a section 51-a-2 was added to Article III.

In 1965, Sections 51-a-1 and 51-a-2 were repealed and their substance transferred to this section.

—Attorney Steve Smith

Recent Decisions

None.

Historic Decisions

None.

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)

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-{{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 of the Texas Constitution (''<small>"Assistance Grants, Medical Care, and Other Services for Needy Persons"</small>'')}}{{Texas Constitution|text=As amended November 2, 1999:
-'''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 shall have the power, by general laws, to provide, subject to limitations herein contained, and such other limitations, restrictions and regulations as may by the Legislature be deemed expedient, for assistance grants to needy dependent children and the caretakers of such children, needy persons who are totally and permanently disabled because of a mental or physical handicap, needy aged persons and needy blind persons.'''
+'''(b) The Legislature may provide by general law for medical care, rehabilitation and other similar services for needy persons. The Legislature may prescribe such other eligibility requirements for participation in these programs as it deems appropriate and may make appropriations out of state funds for such purposes. The maximum amount paid out of state funds for assistance grants, [sic] to or on behalf of needy dependent children and their caretakers shall not exceed one percent of the state budget. The Legislature by general statute shall provide for the means for determining the state budget amounts, including state and other funds appropriated by the Legislature, to be used in establishing the biennial limit.'''
+'''(c) Provided further, that if the limitations and restrictions herein contained are found to be in conflict with the provisions of appropriate federal statutes, as they now are or as they may be amended to the extent that federal matching money is not available to the State for these purposes, then and in that event the Legislature is specifically authorized and empowered to prescribe such limitations and restrictions and enact such laws as may be necessary in order that such federal matching money will be available for assistance and/or medical care for or on behalf of needy persons.'''
+'''(d) Nothing in this section shall be construed to amend, modify or repeal Section [[Texas Constitution:Article XVI, Section 31|31]] of Article XVI of this constitution; provided further, however, that such medical care, services or assistance shall also include the employment of objective or subjective means, without the use of drugs, for the purpose of ascertaining and measuring the powers of vision of the human eye, and fitting lenses or prisms to correct or remedy any defect or abnormal condition of vision. Nothing herein shall be construed to permit optometrists to treat the eyes for any defect whatsoever in any manner nor to administer nor to prescribe any drug or physical treatment whatsoever, unless such optometrist is a regularly licensed physician or surgeon under the laws of this State.'''
 |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 1933, a section "51a" was added to Article III. In 1962, a section 51-b-1 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 1963, Section "51a" was renamed Section 51-a and combined with the repealed Section 51-b-1.
-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.
+In 1958, a section 51-a-1 was added to Article III. In 1964, a section 51-a-2 was added to Article III.
+In 1965, Sections 51-a-1 and 51-a-2 were repealed and their substance transferred to this section.
 |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 . . . and section 52 of the same article, which similarly provides . . . . 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=
-* ''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 51-a of the Texas Constitution ("Assistance Grants, Medical Care, and Other Services for Needy Persons")
-|seo_keywords=Article 3 Section 51, gifts prohibited, gift clauses
+|seo_keywords=Article 3 Section 51-a, public assistance, needy persons
-|seo_description=The purpose of this section is to prevent the expenditure of public funds for private purposes.
+|seo_description=The Legislature has the power, subject to limitations contained in this section, to assist needy persons.
 |seo_image=Texas_Constitution_of_1876_Article_3.jpg
 |seo_image_alt=Article III: Legislative Department