Untitled Texas Attorney General Opinion ( 1947 )

R-190 E A-l-r0 NEY GENERAL CM-TEXAS AURTIN II.TEXAS PRICE DANIEL ATTORNEYGENERAL April 1, 1947 Hon. Claud Gilmer, Chairman Appropriations Committee House of Representatives 50th Legislature Austin, Texas Opinion No. V-111 Re: Constitutionality ,of House Bill No. 60, Fiftieth Legislature. Deer Sir; We refer to your letter of recent date, eoknowl- edged by the Attorney General ‘on February 28, 1947, where- in you advise that the House Appropriations Committee has under consideration the matter of making an appropriation of $12,000 for the relief of the’ Ed’omIndependent Sohool District ‘in Van Zendt County, ;,.The, proposed qouse Bill ‘No. 60 recite8 ,$hat the .achool building of that distriot and, hits facilities,, for the second tiaie in ,‘rsoent years, has been tatell+y destroyed by fire, the insuranoe reoov- ered from the destruction being wholly inadequate for the purpose of replacing, same, and that there are no oth- er means of ,replacing such facilities. You ask to be advised concerning the constitu- tionality of the proposed bill, : Artidle III) Section 56,, Constitution of Texas, provides, in part, as follows ,: “The Legislature shell not, except as otherwise provided in this Constitution, pass any local, or speoial law, authorizing. . .the building or repairing of school houses, and the raising ,,of money for suoh purposes.w Article ‘III) Section 51 s Constitution of Texas, provid es , in part : ., *The Lbgi’s,lature shall have no power to make any grant or authorize ‘the making of any grant of publi0 money tb any individual, associ- at ion of individuals) municipal or other corpo- rations whatsoever; D D e end provided, however, Hon. Cleud Gilmer, Page 2, V-111 ," ":~ ,Y"'~ ';!( ,. I~,~Y~'.. '.. )/'.;'L.-- ?.,i * .,,': thatths ~~~p~vJs&~‘tif this seotf,on shall’ ,not be’-.‘.‘,: - ; “T oo~$t’,ruU,Fso ae’:tq &irevent tho grant of afd fh, ~, .-,., e+sea. .ef ,.! publ%6. saletity .* We think that Artiole III, Seation 56, Article ,plf, Section 3, of the,Constltation, end the enabling legislation ppri.ded in .Artiole 27848;. 2786 and, 2788, V,R.O.Si, oentemplate that the sohool districts ‘of Texas, when rlnanalslIf, .oapable of doing so, ehould oreot, and boar the exponae.of the erection of their oIln sahool bnlldipbs and .faoilities, and that the Legislature, lx- etipti in easos’,of publio calamity ooming within the oxoep- tion of Art1010 III, Seotion 51, of the Constitution, .ls without authority to make an appropriation for the oon- .. struotion or oommon or independent dlstriot school bulld- inga or raolllties. Aooordinglg, it is our opinion that House Ml1 No. 60.1s unoonstitutlonal, it bslng a looal or speoial law expressly prohibited by Artlale 11X, Seotion 56 of, the Constitution hereinabove quoted, end the bill not ooming within that provision of Artiole III, Seetion 51 of the %onstftution allowing a grant or aid in casee or public ealamlty, Bause Bill NO~ 60, Fiftieth Legfslature, a local or speaial law providing an appropriation for the ereotfon of a sohoolhouse by the Edom Independent Sohool Distrfat is unconstitutional, the enaotment being prohibited by Artfole III, Section 56, Constitution of Texas, end the same not ooming within thet provision of Artiole III, Section 51, of the Constitution allowing a grant of aid in cases of public calamity0 Yours very truly ATTORNEY GENERALOF TEXAS (. - Chester E. Ollison CEO:djm:jrb Assistant This opinion considered Andy approved in limited confersnce.