Untitled Texas Attorney General Opinion ( 1947 )

I-359 EATTORNEY GENERAL OF TEXAS PRICE DANIEL Aun-rlN 11.TExas ATTORNEYGENERAL April 22, 19&T Ron. John J. Bell, Pnge 2, v-158 “All funds provided from the compa~mat104 OS each such person, or by the county, for suclh Retirement, Disability and Death Compenratlen Fund, aa are received by the county, shall be invested in bonds OS the United btates, the State of Texas, or countLea or cities of th5a State, or in bonds issued by any ag6acy of the United States Government, the payment of the principal of and interest on which is guaranteed by the United States, provided that a sufficient amount of said funds shall be kept on hand to meet the lamedlate payment of the amount likely to bscome due each year out of said Fund, such amount of funds to be kept on hand to bs determined by the egenoy nhich may be provided by Law to administer said Fund; ,acid provided that the reolpieatr of banesits from said F-d shall not be sllg- lble for any other pension retirement funds OF direct aid from the State of Texas, unless the Fund, the creation of which ia provided Sor herein, contributed by tl%s oounty, is PO- lamed to the State OS Texas as a co?dltioR to receiving such other pension aid. The above conrtltIPtitma1 amendment was pro- porned by House Joint Resolution No. 10 of the 49th Leg- irlatlm, II. 50, 1945, and use Savonably voted upon at the Geaerol Blectloa held in Noveinber, 3946, The coast it at ioaal alaetndaant under coaalde~a- tioa a&~arly indicates that uch county shall have tha rl t to pporide SOP aad advialetar a Rstimmit, bla- ab $lity and Death CompmasatWn Fund for the app0lIItiva ofilcers and employees of the oounty, provided the sblY) is authorized by a majority rote of tha qualified vot- ers of such county, While a Constitution is usually a mere deolar- ation of principles of organ&a and fundamental Law, in such fashion that a constitutional provisiOn MJ be e8- t8bllahed and yet remain vithout force or 8ctivlty Ml- tgl the adopt ion of leglslaticn whiah carrier it tntS eSSect, yet it is entirely pie to adopt provislonr wbloh which are operative without le pQ 423; Awton va, Allison, 91 Eon. John J. Bell, Pa$le 3, XV58 0 . w . . Hon. Jahn J. Bell, Page 4, Q-158 legieletive enabliug act to rke effective a mere aoaetitutlonal bsalar8tioo al prla- ciple, are ueuall~ written in brief style, end ia simple, clear end uaderatandable tsru D They are aIraye to be given a lib- eral coartruation, with a vler of oawl8q out the rilS and pwee of the people ln ueptlQ& it. %o ‘have givers to t&e madrot l llbe,rrl, coQrtructlon, Uving lo rind tL, leroll)liehing of the plain purpose for *ah it wa8 drafted and Uspto&. To yg penlw *ouM k, ue think, to t 0r the aptrit -- the essana -0 of t'It fmmmtal &mv, ad thlr rerY be faU1 to round aoutrwt tea. ” &ation 62b, Artiole XVI, of the -0 l$itutlon of ths Nat. of TOUI, lutbril- ma lsr r Q?a pQesr e#r Qa fo s r l* upon l rjorlt7 veto of -?8 Ot lMh aOUQt7, 18 Hon. John J. Bell, Page 5, Q-158 self-executing, and enabling legislation is not necessary to make it operative. Your5 very truly, ATTORHLTW OF TEXAS BW:djmrmrj ATTORNEY 0.tRRRAL