Texas Constitution:Article III, Section 22 and Texas Constitution:Article III, Section 51-c: Difference between pages

Revision as of 14:02, 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In 1945, that section was repealed and its substance transferred to Article III, Section 51-a.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 [], 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.")

Historic Decisions

State v. Clements, 319 S.W.2d 450, 452 (Tex.Civ.App.–Texarkana 1958, ref'd) ("The expressed objectives of the amendment are to: (1) Make innocent persons fined or imprisoned for violating the law of Texas a subject of aid and compensation; (2) remove, as to the class of persons named in the amendment, the prohibition of Sec. 51, Art. III against granting funds to an individual; (3) empower enactment of such regulations and limitations the Legislature decides will promote the objective of aid and compensation to the class of persons named. . . . The right to receive aid and compensation is contingent upon action by the Legislature.")

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)

@@ Line 1: / Line 1: @@
-{{DISPLAYTITLE:Article III, Section 22 of the Texas Constitution (''<small>"Disclosure of Interest in Measure or Bill; Not to Vote"</small>'')}}{{Texas Constitution|text=Adopted February 15, 1876:
+{{DISPLAYTITLE:Article III, Section 51-c of the Texas Constitution (''<small>"Aid or Compensation to Persons Improperly Fined or Imprisoned"</small>'')}}{{Texas Constitution|text=Added November 6, 1956:
-'''A member who has a personal or private interest in any measure or bill, proposed, or pending before the Legislature, shall disclose the fact to the House, of which he is a member, and shall not vote thereon.'''
+'''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=
-Because the phrase "personal or private interest" is vague and imprecise, this section is basically aspirational in nature.
+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 [[Texas Constitution:Article III, Section 51-a|51-a]].
 |recent=
-None.
+* ''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 [], 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.")
 |historic=
-None.
+* ''State v. Clements'', 319 S.W.2d 450, [https://scholar.google.com/scholar_case?case=2413660204882182745#p452 452] (Tex.Civ.App.–Texarkana 1958, ref'd) ("The expressed objectives of the amendment are to: (1) Make innocent persons fined or imprisoned for violating the law of Texas a subject of aid and compensation; (2) remove, as to the class of persons named in the amendment, the prohibition of Sec. 51, Art. III against granting funds to an individual; (3) empower enactment of such regulations and limitations the Legislature decides will promote the objective of aid and compensation to the class of persons named. . . . The right to receive aid and compensation is contingent upon action by the Legislature.")
-|seo_title=Article III, Section 22 of the Texas Constitution ("Disclosure of Interest in Measure or Bill; Not to Vote")
+|seo_title=Article III, Section 51-c of the Texas Constitution ("Aid or Compensation to Persons Improperly Fined or Imprisoned")
-|seo_keywords=Article 3 Section 22, Texas Legislature, conflict of interest
+|seo_keywords=Article 3 Section 51-c, improperly punished, grants authorized
-|seo_description=The legislative power of Texas is vested in a Senate and House of Representatives.
+|seo_description=The Legislature may grant aid or compensation to persons who have been improperly fined or imprisoned.
 |seo_image=Texas_Constitution_of_1876_Article_3.jpg
 |seo_image_alt=Article III: Legislative Department
@@ Line 23: / Line 25: @@
 }}
+[[Category:Repealed Section]]
 [[Category:TxCon ArtIII Sec]]