Texas Constitution:Article III, Section 51-c and Texas Constitution talk:Article XVI, Section 6: 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-c of the Texas Constitution (''<small>"Aid or Compensation to Persons Improperly Fined or Imprisoned"</small>'')}}{{Texas Constitution|text=Added November 6, 1956:
{{DISPLAYTITLE:{{PAGENAME}} of the Texas Constitution (discussion page)}}Texas Legal Guide (texaslegalguide.com) is currently under construction.


'''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.'''
This page is available for comment and discussion regarding the page ''{{PAGENAME}} of the Texas Constitution''.


|editor=
==add ?==


In 1937, a Section 51-c (which concerned assistance to the blind) was added to Article III.
https://scholar.google.com/scholar_case?case=13165647859913901807 pet filed


In 1945, that section was repealed and its substance transferred to Article III, Section [[Texas Constitution:Article III, Section 51-a|51-a]].
==add ?==


|recent=
It is our opinion that the constitutional prohibition against the appropriation of public money for private or individual purposes would not apply to appropriations made by the Legislature in order for it to carry out a governmental duty and function, as in the proper exercise of the police power of the State by providing for the medical care and treatment of its indigent tuberculous patients.


* ''Brown v. City of Houston'', 660 S.W.3d 749, [https://scholar.google.com/scholar_case?case=12437101429954066189#p755 755-56] (Tex. 2023) (citation omitted) ("Over a century after Texas authorized state penitentiaries . . . . 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.' 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.")
https://lrl.texas.gov/scanned/Housejournals/44/H_44_1.pdf  page 327
 
|historic=
 
* ''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 51-c of the Texas Constitution ("Aid or Compensation to Persons Improperly Fined or Imprisoned")
|seo_keywords=Article 3 Section 51-c, improperly punished, grants authorized
|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
 
}}
 
[[Category:Repealed Section]]
[[Category:TxCon ArtIII Sec]]

Latest revision as of 09:01, August 16, 2023

Texas Legal Guide (texaslegalguide.com) is currently under construction.

This page is available for comment and discussion regarding the page Article XVI, Section 6 of the Texas Constitution.

add ?[edit topic]

https://scholar.google.com/scholar_case?case=13165647859913901807 pet filed

add ?[edit topic]

It is our opinion that the constitutional prohibition against the appropriation of public money for private or individual purposes would not apply to appropriations made by the Legislature in order for it to carry out a governmental duty and function, as in the proper exercise of the police power of the State by providing for the medical care and treatment of its indigent tuberculous patients.

https://lrl.texas.gov/scanned/Housejournals/44/H_44_1.pdf page 327