Texas Constitution:Article III, Section 48 and Texas Constitution:Article III, Section 51-c: Difference between pages

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{{DISPLAYTITLE:Article III, Section 48 of the Texas Constitution}}{{Texas Constitution|text=
{{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:


<div></div>'''This section was repealed August 5, 1969.'''
'''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.'''


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Note that Article VIII, Section [[Texas Constitution:Article VIII, Section 3|3]], adopted in 1876 and never amended, expressly limits taxation to public purposes.
In 1937, a Section 51-c (which concerned assistance to the blind) was added to Article III.


As adopted in 1876, this section read: "The Legislature shall not have the right to levy taxes or impose burdens upon the people, except to raise revenue sufficient for the economical administration of the government, in which may be included the following purposes: [1] The payment of all interest upon the bonded debt of the State; [2] The erection and repairs of public buildings; [3] The benefit of the sinking fund, which shall not be more than two per centum of the public debt; and for the payment of the present floating debt of the State, including matured bonds for the payment of which the sinking fund is inadequate; [4] The support of public schools, in which shall be included colleges and universities established by the State; and the maintenance and support of the Agricultural and Mechanical College of Texas; [5] The payment of the cost of assessing and collecting the revenue; and the payment of all officers, agents and employes [sic] of the State government, and all incidental expenses connected therewith; [6] The enforcement of quarantine regulations on the coast of Texas; [and 7]The protection of the frontier."
In 1945, that section was repealed and its substance transferred to Article III, Section [[Texas Constitution:Article III, Section 51-a|51-a]].
 
An article written by an expert on the constitutional history of Texas states that: "The [Constitutional Convention of 1875] tried to turn the legislature into one of limited rather than plenary powers by enumerating subjects on which it could legislate (Art. III, Sec. 48), but the provision was never enforced by the courts." Janice C. May, ''Government'' at [https://www.tshaonline.org/handbook/entries/government 1], Texas State Historical Association Handbook of Texas Online.
 
However, as construed by the Legislature, the Attorney General and ultimately the Supreme Court, the former section simply limited taxation to public purposes. See, e.g., ''House Journal'', 28th Legislature, R.S., [https://lrl.texas.gov/scanned/Housejournals/28/H_28_0.pdf#page=346 345-46] (1903) (Judiciary Committee No. 1 report: "Legislative construction has followed this line of reasoning, and, without exception, every Legislature since the adoption of the Constitution has made appropriations for institutions and purposes that can, by no construction of language, be included in the specific purposes therein stated."); ''House Journal'', 33rd Legislature, 2nd C.S., [https://lrl.texas.gov/scanned/Housejournals/33/H_33_2.pdf#page=24 22] (1914) (Attorney General opinion: "The Legislature is not limited to appropriating money for those things particularly enumerated in this section . . . .").
 
The former section was never amended. Categorized as "deadwood," it and numerous other sections were repealed in 1969 by the same [https://lrl.texas.gov/scanned/Constitutional_Amendments/amendments61_tlc_1969-08-05.pdf#page=9 ballot proposition].


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* ''Friedman v. American Surety Co.'', 151 S.W.2d 570, [https://texaslegalguide.com/images/151_SW2_570.pdf#page=8 577] (Tex. 1941) ("The effect of this constitutional provision is to prohibit the Legislature from levying taxes or imposing burdens for purposes other than to administer the Government. If a tax cannot be classed as a tax to administer the Government it is unconstitutional, unless it is authorized by some other constitutional provision. The administering of Government, however, covers and embraces a very large field of action. To our minds, this Act is not antagonistic to this constitutional provision. It certainly serves a public purpose. If it does so, and does not violate some other constitutional provision, it does not violate this provision.")
* State v. Clements, 319 S.W.2d 450 (Tex. Civ. App.-Texarkana 1958, writ refd)
 
|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 imprisoned, grants authorized
|seo_description=


* ''Storrie v. Houston City St. Ry. Co.'', 46 S.W. 796, [https://texaslegalguide.com/images/046_SW_796.pdf#page=3 798] (Tex. 1898) ("Section 48 embodies a prohibition against the exercise of the taxing power by the legislature except for certain purposes named. The language, 'the legislature shall not have the right to levy taxes or impose burdens upon the people,' etc., denies to the legislative department the right to exercise this power itself, and does not refer to any action by the legislature which would confer such authority upon a municipal corporation. It limits the exercise of that power by the legislature to raise revenue for the administration of the state government, as distinguished from the administration of municipal government.")


|seo_title=Article III, Section 48 of the Texas Constitution ("Repealed")
|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

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