A JOINT RESOLUTION
1-1 proposing a constitutional amendment to eliminate duplicative,
1-2 executed, obsolete, archaic, and ineffective constitutional
1-3 provisions.
1-4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2, Article III, Texas Constitution, is
1-6 amended to read as follows:
1-7 Sec. 2. The Senate shall consist of thirty-one members[, and
1-8 shall never be increased above this number]. The House of
1-9 Representatives shall consist of 150 [ninety-three] members [until
1-10 the first apportionment after the adoption of this Constitution,
1-11 when or at any apportionment thereafter, the number of
1-12 Representatives may be increased by the Legislature, upon the ratio
1-13 of not more than one Representative for every fifteen thousand
1-14 inhabitants; provided, the number of Representatives shall never
1-15 exceed one hundred and fifty].
1-16 SECTION 2. Section 3, Article III, Texas Constitution, is
1-17 amended to read as follows:
1-18 Sec. 3. The Senators shall be chosen by the qualified voters
1-19 [electors] for the term of four years; but a new Senate shall be
1-20 chosen after every apportionment, and the Senators elected after
1-21 each apportionment shall be divided by lot into two classes. The
1-22 seats of the Senators of the first class shall be vacated at the
1-23 expiration of the first two years, and those of the second class at
1-24 the expiration of four years, so that one half of the Senators
2-1 shall be chosen biennially thereafter. Senators shall take office
2-2 following their election, on the day set by law for the convening
2-3 of the Regular Session of the Legislature, and shall serve
2-4 thereafter for the full term of years to which elected [and until
2-5 their successors shall have been elected and qualified].
2-6 SECTION 3. Section 4, Article III, Texas Constitution, is
2-7 amended to read as follows:
2-8 Sec. 4. The Members of the House of Representatives shall be
2-9 chosen by the qualified voters [electors] for the term of two
2-10 years. Representatives shall take office following their election,
2-11 on the day set by law for the convening of the Regular Session of
2-12 the Legislature, and shall serve thereafter for the full term of
2-13 years to which elected [and until their successors shall have been
2-14 elected and qualified].
2-15 SECTION 4. Section 5, Article III, Texas Constitution, is
2-16 amended to read as follows:
2-17 Sec. 5. (a) The Legislature shall meet every two years at
2-18 such time as may be provided by law and at other times when
2-19 convened by the Governor.
2-20 (b) When convened in regular Session, the first thirty days
2-21 thereof shall be devoted to the introduction of bills and
2-22 resolutions, acting upon emergency appropriations, passing upon the
2-23 confirmation of the recess appointees of the Governor and such
2-24 emergency matters as may be submitted by the Governor in special
2-25 messages to the Legislature. During[; provided that during] the
2-26 succeeding thirty days of the regular session of the Legislature
2-27 the various committees of each House shall hold hearings to
3-1 consider all bills and resolutions and other matters then pending;
3-2 and such emergency matters as may be submitted by the Governor.
3-3 During[; provided further that during] the remainder of the session
3-4 [following sixty days] the Legislature shall act upon such bills
3-5 and resolutions as may be then pending and upon such emergency
3-6 matters as may be submitted by the Governor in special messages to
3-7 the Legislature.
3-8 (c) Notwithstanding Subsection (b), either[; provided,
3-9 however, either] House may [otherwise] determine its order of
3-10 business by an affirmative vote of four-fifths of its membership.
3-11 SECTION 5. Section 6, Article III, Texas Constitution, is
3-12 amended to read as follows:
3-13 Sec. 6. No person shall be a Senator, unless he be a citizen
3-14 of the United States, and, at the time of his election a qualified
3-15 voter [elector] of this State, and shall have been a resident of
3-16 this State five years next preceding his election, and the last
3-17 year thereof a resident of the district for which he shall be
3-18 chosen, and shall have attained the age of twenty-six years.
3-19 SECTION 6. Section 7, Article III, Texas Constitution, is
3-20 amended to read as follows:
3-21 Sec. 7. No person shall be a Representative, unless he be a
3-22 citizen of the United States, and, at the time of his election, a
3-23 qualified voter [elector] of this State, and shall have been a
3-24 resident of this State two years next preceding his election, the
3-25 last year thereof a resident of the district for which he shall be
3-26 chosen, and shall have attained the age of twenty-one years.
3-27 SECTION 7. Section 14, Article III, Texas Constitution, is
4-1 amended to read as follows:
4-2 Sec. 14. Senators and Representatives shall, except in cases
4-3 of treason, felony, or breach of the peace, be privileged from
4-4 arrest during the session of the Legislature, and in going to and
4-5 returning from the same[, allowing one day for every twenty miles
4-6 such member may reside from the place at which the Legislature is
4-7 convened].
4-8 SECTION 8. Section 33, Article III, Texas Constitution, is
4-9 amended to read as follows:
4-10 Sec. 33. All bills for raising revenue shall originate in
4-11 the House of Representatives[, but the Senate may amend or reject
4-12 them as other bills].
4-13 SECTION 9. Section 32, Article III, Texas Constitution, is
4-14 amended to read as follows:
4-15 Sec. 32. No bill shall have the force of a law, until it has
4-16 been read on three several days in each House, and free discussion
4-17 allowed thereon; but [in cases of imperative public necessity
4-18 (which necessity shall be stated in a preamble or in the body of
4-19 the bill)] four-fifths of the House, in which the bill may be
4-20 pending, may suspend this rule, the yeas and nays being taken on
4-21 the question of suspension, and entered upon the journals.
4-22 SECTION 10. Section 39, Article III, Texas Constitution, is
4-23 amended to read as follows:
4-24 Sec. 39. No law passed by the Legislature, except the
4-25 general appropriation act, shall take effect or go into force until
4-26 ninety days after the adjournment of the session at which it was
4-27 enacted, unless [in case of an emergency, which emergency must be
5-1 expressed in a preamble or in the body of the act,] the Legislature
5-2 shall, by a vote of two-thirds of all the members elected to each
5-3 House, otherwise direct; said vote to be taken by yeas and nays,
5-4 and entered upon the journals.
5-5 SECTION 11. Section 48-e, Article III, Texas Constitution,
5-6 is amended to read as follows:
5-7 Sec. 48-e. Laws may be enacted to provide for the
5-8 establishment and creation of special districts to provide
5-9 emergency services and to authorize the commissioners courts of
5-10 participating counties to levy a tax on the ad valorem property
5-11 situated in said districts not to exceed Ten Cents (10 ) on the One
5-12 Hundred Dollars ($100.00) valuation for the support thereof;
5-13 provided that no tax shall be levied in support of said districts
5-14 until approved by a vote of the qualified voters [electors]
5-15 residing therein. Such a district may provide emergency medical
5-16 services, emergency ambulance services, rural fire prevention and
5-17 control services, or other emergency services authorized by the
5-18 Legislature.
5-19 SECTION 12. Section 48-f, Article III, Texas Constitution,
5-20 is amended to read as follows:
5-21 Sec. 48-f. The legislature, by law, may provide for the
5-22 creation, operation, and financing of jail districts and may
5-23 authorize each district to issue bonds and other obligations and to
5-24 levy an ad valorem tax on property located in the district to pay
5-25 principal of and interest on the bonds and to pay for operation of
5-26 the district. An ad valorem tax may not be levied and bonds secured
5-27 by a property tax may not be issued until approved by the qualified
6-1 voters [electors] of the district voting at an election called and
6-2 held for that purpose.
6-3 SECTION 13. Section 49a, Article III, Texas Constitution, is
6-4 amended to read as follows:
6-5 Sec. 49a. (a) It shall be the duty of the Comptroller of
6-6 Public Accounts in advance of each Regular Session of the
6-7 Legislature to prepare and submit to the Governor and to the
6-8 Legislature upon its convening a statement under oath showing fully
6-9 the financial condition of the State Treasury at the close of the
6-10 last fiscal period and an estimate of the probable receipts and
6-11 disbursements for the then current fiscal year. There shall also
6-12 be contained in said statement an itemized estimate of the
6-13 anticipated revenue based on the laws then in effect that will be
6-14 received by and for the State from all sources showing the fund
6-15 accounts to be credited during the succeeding biennium and said
6-16 statement shall contain such other information as may be required
6-17 by law. Supplemental statements shall be submitted at any Special
6-18 Session of the Legislature and at such other times as may be
6-19 necessary to show probable changes.
6-20 (b) Except [From and after January 1, 1945, save] in the
6-21 case of emergency and imperative public necessity and with a
6-22 four-fifths vote of the total membership of each House, no
6-23 appropriation in excess of the cash and anticipated revenue of the
6-24 funds from which such appropriation is to be made shall be valid.
6-25 No [From and after January 1, 1945, no] bill containing an
6-26 appropriation shall be considered as passed or be sent to the
6-27 Governor for consideration until and unless the Comptroller of
7-1 Public Accounts endorses his certificate thereon showing that the
7-2 amount appropriated is within the amount estimated to be available
7-3 in the affected funds. When the Comptroller finds an appropriation
7-4 bill exceeds the estimated revenue he shall endorse such finding
7-5 thereon and return to the House in which same originated. Such
7-6 information shall be immediately made known to both the House of
7-7 Representatives and the Senate and the necessary steps shall be
7-8 taken to bring such appropriation to within the revenue, either by
7-9 providing additional revenue or reducing the appropriation.
7-10 [For the purpose of financing the outstanding obligations of
7-11 the General Revenue Fund of the State and placing its current
7-12 accounts on a cash basis the Legislature of the State of Texas is
7-13 hereby authorized to provide for the issuance, sale, and retirement
7-14 of serial bonds, equal in principal to the total outstanding,
7-15 valid, and approved obligations owing by said fund on September 1,
7-16 1943, provided such bonds shall not draw interest in excess of two
7-17 (2) per cent per annum and shall mature within twenty (20) years
7-18 from date.]
7-19 SECTION 14. Sections 49-b, 49-b-1, 49-b-2, and 49-b-3,
7-20 Article III, Texas Constitution, are combined, reenacted as Section
7-21 49-b, and amended to read as follows:
7-22 Sec. 49-b. (a) The [By virtue of prior Amendments to this
7-23 Constitution, there has been created a governmental agency of the
7-24 State of Texas performing governmental duties which has been
7-25 designated the] Veterans' Land Board[. Said Board shall continue
7-26 to function for the purposes specified in all of the prior
7-27 Constitutional Amendments except as modified herein. Said Board]
8-1 shall be composed of the Commissioner of the General Land Office
8-2 and two (2) citizens of the State of Texas, one (1) of whom shall
8-3 be well versed in veterans' affairs and one (1) of whom shall be
8-4 well versed in finances. One (1) such citizen member shall, with
8-5 the advice and consent of the Senate, be appointed biennially by
8-6 the Governor to serve for a term of four (4) years. In the event
8-7 of the resignation or death of any such citizen member, the
8-8 Governor shall appoint a replacement to serve for the unexpired
8-9 portion of the term to which the deceased or resigning member had
8-10 been appointed. The compensation for said citizen members shall be
8-11 as is now or may hereafter be fixed by the Legislature; and each
8-12 shall make bond in such amount as is now or may hereafter be
8-13 prescribed by the Legislature.
8-14 (b) The Commissioner of the General Land Office shall act as
8-15 Chairman of said Board and shall be the administrator of the
8-16 Veterans' Land Program under such terms and restrictions as are now
8-17 or may hereafter be provided by law. In the absence or illness of
8-18 said Commissioner, the Chief Clerk of the General Land Office shall
8-19 be the Acting Chairman of said Board with the same duties and
8-20 powers that said Commissioner would have if present.
8-21 (c) The Veterans' Land Board may provide for, issue and sell
8-22 [not to exceed Nine Hundred Fifty Million Dollars ($950,000,000)
8-23 in] bonds or obligations of the State of Texas as authorized by
8-24 constitutional amendment or by a debt proposition under Section 49
8-25 of this article for the purpose of creating [a fund to be known as]
8-26 the Veterans' Land Fund, the Veterans' Housing Assistance Fund, and
8-27 the Veterans' Housing Assistance Fund II[, Seven Hundred Million
9-1 Dollars ($700,000,000) of which have heretofore been authorized.
9-2 Such bonds or obligations shall be sold for not less than par value
9-3 and accrued interest; shall be issued in such forms,
9-4 denominations, and upon such terms as are now or may hereafter be
9-5 provided by law; shall be issued and sold at such times, at such
9-6 places, and in such installments as may be determined by said
9-7 Board; and shall bear a rate or rates of interest as may be fixed
9-8 by said Board but the weighted average annual interest rate, as
9-9 that phrase is commonly and ordinarily used and understood in the
9-10 municipal bond market, of all the bonds issued and sold in any
9-11 installment of any bonds may not exceed the rate specified in
9-12 Section 65 of this Article. All bonds or obligations issued and
9-13 sold hereunder shall, after execution by the Board, approval by the
9-14 Attorney General of Texas, registration by the Comptroller of
9-15 Public Accounts of the State of Texas, and delivery to the
9-16 purchaser or purchasers, be incontestable and shall constitute
9-17 general obligations of the State of Texas under the Constitution of
9-18 Texas; and all bonds heretofore issued and sold by said Board are
9-19 hereby in all respects validated and declared to be general
9-20 obligations of the State of Texas. In order to prevent default in
9-21 the payment of principal or interest on any such bonds, the
9-22 Legislature shall appropriate a sufficient amount to pay the same].
9-23 [In the sale of any such bonds or obligations, a preferential
9-24 right of purchase shall be given to the administrators of the
9-25 various Teacher Retirement Funds, the Permanent University Funds,
9-26 and the Permanent School Funds.]
9-27 [Said Veterans' Land Fund shall consist of any lands
10-1 heretofore or hereafter purchased by said Board, until the sale
10-2 price therefor, together with any interest and penalties due, have
10-3 been received by said Board (although nothing herein shall be
10-4 construed to prevent said Board from accepting full payment for a
10-5 portion of any tract), and of the moneys attributable to any bonds
10-6 heretofore or hereafter issued and sold by said Board which moneys
10-7 so attributable shall include but shall not be limited to the
10-8 proceeds from the issuance and sale of such bonds; the moneys
10-9 received from the sale or resale of any lands, or rights therein,
10-10 purchased with such proceeds; the moneys received from the sale or
10-11 resale of any lands, or rights therein, purchased with other moneys
10-12 attributable to such bonds; the interest and penalties received
10-13 from the sale or resale of such lands, or rights therein; the
10-14 bonuses, income, rents, royalties, and any other pecuniary benefit
10-15 received by said Board from any such lands; sums received by way
10-16 of indemnity or forfeiture for the failure of any bidder for the
10-17 purchase of any such bonds to comply with his bid and accept and
10-18 pay for such bonds or for the failure of any bidder for the
10-19 purchase of any lands comprising a part of said Fund to comply with
10-20 his bid and accept and pay for any such lands; and interest
10-21 received from investments of any such moneys. The principal and
10-22 interest on the bonds heretofore and hereafter issued by said Board
10-23 shall be paid out of the moneys of said Fund in conformance with
10-24 the Constitutional provisions authorizing such bonds; but the
10-25 moneys of said Fund which are not immediately committed to the
10-26 payment of principal and interest on such bonds, the purchase of
10-27 lands as herein provided, or the payment of expenses as herein
11-1 provided may be invested as authorized by law until such moneys are
11-2 needed for such purposes.]
11-3 [All moneys comprising a part of said Fund and not expended
11-4 for the purposes herein provided shall be a part of said Fund until
11-5 there are sufficient moneys therein to retire fully all of the
11-6 bonds heretofore or hereafter issued and sold by said Board, at
11-7 which time all such moneys remaining in said Fund, except such
11-8 portion thereof as may be necessary to retire all such bonds which
11-9 portion shall be set aside and retained in said Fund for the
11-10 purpose of retiring all such bonds, shall be deposited to the
11-11 credit of the General Revenue Fund to be appropriated to such
11-12 purposes as may be prescribed by law. All moneys becoming a part
11-13 of said Fund thereafter shall likewise be deposited to the credit
11-14 of the General Revenue Fund.]
11-15 [When a Division of said Fund (each Division consisting of
11-16 the moneys attributable to the bonds issued and sold pursuant to a
11-17 single Constitutional authorization and the lands purchased
11-18 therewith) contains sufficient moneys to retire all of the bonds
11-19 secured by such Division, the moneys thereof, except such portion
11-20 as may be needed to retire all of the bonds secured by such
11-21 Division which portion shall be set aside and remain a part of such
11-22 Division for the purpose of retiring all such bonds, may be used
11-23 for the purpose of paying the principal and the interest thereon,
11-24 together with the expenses herein authorized, of any other bonds
11-25 heretofore or hereafter issued and sold by said Board. Such use
11-26 shall be a matter for the discretion and direction of said Board;
11-27 but there may be no such use of any such moneys contrary to the
12-1 rights of any holder of any of the bonds issued and sold by said
12-2 Board or violative of any contract to which said Board is a party.]
12-3 [The Veterans' Land Fund shall be used by said Board for the
12-4 purpose of purchasing lands situated in the State of Texas owned by
12-5 the United States or any governmental agency thereof, owned by the
12-6 Texas Prison System or any other governmental agency of the State
12-7 of Texas, or owned by any person, firm, or corporation. All lands
12-8 thus purchased shall be acquired at the lowest price obtainable, to
12-9 be paid for in cash, and shall be a part of said Fund. Such lands
12-10 heretofore or hereafter purchased and comprising a part of said
12-11 Fund are hereby declared to be held for a governmental purpose,
12-12 although the individual purchasers thereof shall be subject to
12-13 taxation to the same extent and in the same manner as are
12-14 purchasers of lands dedicated to the Permanent Free Public School
12-15 Fund.]
12-16 [The lands of the Veterans' Land Fund shall be sold by said
12-17 Board in such quantities, on such terms, at such prices, at such
12-18 rates of interest and under such rules and regulations as are now
12-19 or may hereafter be provided by law to veterans, as they are now or
12-20 may hereafter be defined by the laws of the State of Texas. The
12-21 foregoing notwithstanding, any lands in the Veterans' Land Fund
12-22 which have been first offered for sale to veterans and which have
12-23 not been sold may be sold or resold to such purchasers, in such
12-24 quantities, and on such terms, and at such prices and rates of
12-25 interest, and under such rules and regulations as are now or may
12-26 hereafter be provided by law.]
12-27 (d) Said Veterans' Land Fund, to the extent of the moneys
13-1 attributable to any bonds hereafter issued and sold by said Board
13-2 may be used by said Board, as is now or may hereafter be provided
13-3 by law, for the purpose of paying the expenses of surveying,
13-4 monumenting, road construction, legal fees, recordation fees,
13-5 advertising and other like costs necessary or incidental to the
13-6 purchase and sale, or resale, of any lands purchased with any of
13-7 the moneys attributable to such additional bonds, such expenses to
13-8 be added to the price of such lands when sold, or resold, by said
13-9 Board; for the purpose of paying the expenses of issuing, selling,
13-10 and delivering any such additional bonds; and for the purpose of
13-11 meeting the expenses of paying the interest or principal due or to
13-12 become due on any such additional bonds.
13-13 [All of the moneys attributable to any series of bonds
13-14 hereafter issued and sold by said Board (a "series of bonds" being
13-15 all of the bonds issued and sold in a single transaction as a
13-16 single installment of bonds) may be used for the purchase of lands
13-17 as herein provided, to be sold as herein provided, for a period
13-18 ending eight (8) years after the date of sale of such series of
13-19 bonds; provided, however, that so much of such moneys as may be
13-20 necessary to pay interest on bonds hereafter issued and sold shall
13-21 be set aside for that purpose in accordance with the resolution
13-22 adopted by said Board authorizing the issuance and sale of such
13-23 series of bonds. After such eight (8) year period, all of such
13-24 moneys shall be set aside for the retirement of any bonds hereafter
13-25 issued and sold and to pay interest thereon, together with any
13-26 expenses as provided herein, in accordance with the resolution or
13-27 resolutions authorizing the issuance and sale of such additional
14-1 bonds, until there are sufficient moneys to retire all of the bonds
14-2 hereafter issued and sold, at which time all such moneys then
14-3 remaining a part of said Veterans' Land Fund and thereafter
14-4 becoming a part of said Fund shall be governed as elsewhere
14-5 provided herein.]
14-6 [This Amendment being intended only to establish a basic
14-7 framework and not to be a comprehensive treatment of the Veterans'
14-8 Land Program, there is hereby reposed in the Legislature full power
14-9 to implement and effectuate the design and objects of this
14-10 Amendment, including the power to delegate such duties,
14-11 responsibilities, functions, and authority to the Veterans' Land
14-12 Board as it believes necessary.]
14-13 [Should the Legislature enact any enabling laws in
14-14 anticipation of this Amendment, no such law shall be void by reason
14-15 of its anticipatory nature.]
14-16 [Sec. 49-b-1. (a) In addition to the general obligation
14-17 bonds authorized to be issued and to be sold by the Veterans' Land
14-18 Board by Section 49-b of this article, the Veterans' Land Board may
14-19 provide for, issue, and sell not to exceed $1.3 billion in bonds of
14-20 the State of Texas, $800 million of which have heretofore been
14-21 authorized to provide financing to veterans of the state in
14-22 recognition of their service to their state and country.]
14-23 (e) [(b)] For purposes of this section, "veteran" means a
14-24 person who satisfies the definition of "veteran" as [is now or may
14-25 hereafter be] set forth by the laws of the State of Texas.
14-26 [(c) The bonds shall be sold for not less than par value and
14-27 accrued interest; shall be issued in such forms and denominations,
15-1 upon such terms, at such times and places, and in such installments
15-2 as may be determined by the board; and, notwithstanding the rate of
15-3 interest specified by any other provision of this constitution,
15-4 shall bear a rate or rates of interest fixed by the board. All
15-5 bonds issued and sold pursuant to Subsections (a) through (f) of
15-6 this section shall, after execution by the board, approval by the
15-7 Attorney General of Texas, registration by the Comptroller of
15-8 Public Accounts of the State of Texas, and delivery to the
15-9 purchaser or purchasers, be incontestable and shall constitute
15-10 general obligations of the state under the Constitution of Texas.]
15-11 [(d) Three hundred million dollars of the state bonds
15-12 authorized by this section shall be used to augment the Veterans'
15-13 Land Fund. The Veterans' Land Fund shall be used by the board for
15-14 the purpose of purchasing lands situated in the State of Texas
15-15 owned by the United States government or any agency thereof, the
15-16 State of Texas or any subdivision or agency thereof, or any person,
15-17 firm, or corporation. The lands shall be sold to veterans in such
15-18 quantities, on such terms, at such prices, at such rates of
15-19 interest, and under such rules and regulations as may be authorized
15-20 by law. The expenses of the board in connection with the issuance
15-21 of the bonds and the purchase and sale of the lands may be paid
15-22 from money in the fund. The Veterans' Land Fund shall continue to
15-23 consist of any lands purchased by the board until the sale price
15-24 therefor, together with any interest and penalties due, have been
15-25 received by the board (although nothing herein shall prevent the
15-26 board from accepting full payment for a portion of any tract) and
15-27 of the money attributable to any bonds issued and sold by the board
16-1 for the Veterans' Land Fund, which money so attributable shall
16-2 include but shall not be limited to the proceeds from the issuance
16-3 and sale of such bonds; the money received from the sale or resale
16-4 of any lands, or rights therein, purchased from such proceeds; the
16-5 money received from the sale or resale of any lands, or rights
16-6 therein, purchased with other money attributable to such bonds; the
16-7 interest and penalties received from the sale or resale of such
16-8 lands, or rights therein; the bonuses, income, rents, royalties,
16-9 and any other pecuniary benefit received by the board from any such
16-10 lands; sums received by way of indemnity or forfeiture for the
16-11 failure of any bidder for the purchase of any such bonds to comply
16-12 with his bid and accept and pay for such bonds or for the failure
16-13 of any bidder for the purchase of any lands comprising a part of
16-14 the fund to comply with his bid and accept and pay for any such
16-15 lands; and interest received from investments of any such money.
16-16 The principal of and interest on the general obligation bonds
16-17 previously authorized by Section 49-b of this constitution shall be
16-18 paid out of the money of the fund in conformance with the
16-19 constitutional provisions authorizing such bonds. The principal of
16-20 and interest on the general obligation bonds authorized by this
16-21 section for the benefit of the Veterans' Land Fund shall be paid
16-22 out of the money of the fund, but the money of the fund which is
16-23 not immediately committed to the payment of principal and interest
16-24 on such bonds, the purchase of lands as herein provided, or the
16-25 payment of expenses as herein provided may be invested as
16-26 authorized by law until the money is needed for such purposes.]
16-27 (f) [(e)] The Veterans' Housing Assistance Fund [is created,
17-1 and $1 billion of the state bonds authorized by this section shall
17-2 be used for the Veterans' Housing Assistance Fund, $500 million of
17-3 which have heretofore been authorized. Money in the Veterans'
17-4 Housing Assistance Fund] shall be administered by the Veterans'
17-5 Land Board and shall be used for the purpose of making home
17-6 mortgage loans to veterans for housing within the State of Texas in
17-7 such quantities, on such terms, at such rates of interest, and
17-8 under such rules and regulations as may be authorized by law. The
17-9 expenses of the board in connection with the issuance of the bonds
17-10 for the benefit of the Veterans' Housing Assistance Fund and the
17-11 making of the loans may be paid from money in the fund. [The
17-12 Veterans' Housing Assistance Fund shall consist of any interest of
17-13 the board in all home mortgage loans made to veterans by the board
17-14 pursuant to a Veterans' Housing Assistance Program which the
17-15 legislature may establish by appropriate legislation until, with
17-16 respect to any such home mortgage loan, the principal amount,
17-17 together with any interest and penalties due, have been received by
17-18 the board; the money attributable to any bonds issued and sold by
17-19 the board to provide money for the fund, which money so
17-20 attributable shall include but shall not be limited to the proceeds
17-21 from the issuance and sale of such bonds; income, rents, and any
17-22 other pecuniary benefit received by the board as a result of making
17-23 such loans; sums received by way of indemnity or forfeiture for the
17-24 failure of any bidder for the purchase of any such bonds to comply
17-25 with his bid and accept and pay for such bonds; and interest
17-26 received from investments of any such money.] The principal of and
17-27 interest on the general obligation bonds authorized by this section
18-1 for the benefit of the Veterans' Housing Assistance Fund shall be
18-2 paid out of the money of the fund, but the money of the fund which
18-3 is not immediately committed to the payment of principal and
18-4 interest on such bonds, the making of home mortgage loans as herein
18-5 provided, or the payment of expenses as herein provided may be
18-6 invested as authorized by law until the money is needed for such
18-7 purposes.
18-8 [(f) To the extent there is not money in either the
18-9 Veterans' Land Fund or the Veterans' Housing Assistance Fund as the
18-10 case may be, available for payment of principal of and interest on
18-11 the general obligation bonds authorized by this section to provide
18-12 money for either of the funds, there is hereby appropriated out of
18-13 the first money coming into the treasury in each fiscal year, not
18-14 otherwise appropriated by this constitution, an amount which is
18-15 sufficient to pay the principal of and interest on such general
18-16 obligation bonds that mature or become due during that fiscal year.]
18-17 [(g) Receipt of all kinds of the funds determined by the
18-18 board not to be required for the payment of principal of and
18-19 interest on the general obligation bonds herein authorized,
18-20 heretofore authorized, or hereafter authorized by this constitution
18-21 to be issued by the board to provide money for either of the funds
18-22 may be used by the board, to the extent not inconsistent with the
18-23 proceedings authorizing such bonds, to pay the principal of and
18-24 interest on general obligation bonds issued to provide money for
18-25 the other fund, or to pay the principal of and interest on revenue
18-26 bonds of the board issued for the purposes of providing funds for
18-27 the purchasing of lands and making the sale thereof to veterans or
19-1 making home mortgage loans to veterans as provided by this section.
19-2 The revenue bonds shall be special obligations and payable only
19-3 from the receipt of the funds and shall not constitute indebtedness
19-4 of the state or the Veterans' Land Board. The board is authorized
19-5 to issue such revenue bonds from time to time which shall not
19-6 exceed an aggregate principal amount that can be fully retired from
19-7 the receipts of the funds and other revenues pledged to the
19-8 retirement of the revenue bonds. The revenue bonds shall be issued
19-9 in such forms and denominations, upon such terms, at such times and
19-10 places, and in such installments as may be determined by the board;
19-11 and, notwithstanding the rate of interest specified by any other
19-12 provision of the constitution, shall bear a rate or rates of
19-13 interest fixed by the board.]
19-14 [(h) This Amendment being intended only to establish a basic
19-15 framework and not to be a comprehensive treatment of the Veterans'
19-16 Housing Assistance Program and the Veterans' Land Program, there is
19-17 hereby reposed in the Legislature full power to implement and
19-18 effectuate the design and objects of this Amendment, including the
19-19 power to delegate such duties, responsibilities, functions, and
19-20 authority to the Veterans' Land Board as it believes necessary.]
19-21 [Sec. 49-b-2. (a) In addition to the general obligation
19-22 bonds authorized to be issued and to be sold by the Veterans' Land
19-23 Board by Sections 49-b and 49-b-1 of this article, the Veterans'
19-24 Land Board may provide for, issue, and sell general obligation
19-25 bonds of the state in an amount not to exceed $750 million, to
19-26 provide financing to veterans of the state in recognition of their
19-27 service to their state and the United States of America.]
20-1 (g) The [(b) Two hundred fifty million dollars of the
20-2 general obligation bonds authorized by this section shall be used
20-3 to augment the Veterans' Land Fund. Notwithstanding any provision
20-4 of Section 49-b or 49-b-1 of this article to the contrary, the]
20-5 Veterans' Land Fund shall be used by the Veterans' Land Board to
20-6 purchase lands situated in the state owned by the United States
20-7 government, an agency of the United States government, this state,
20-8 a political subdivision or agency of this state, or a person, firm,
20-9 or corporation.
20-10 (h) Lands purchased and comprising a part of the Veterans'
20-11 Land Fund are declared to be held for a governmental purpose, but
20-12 the individual purchasers of those lands shall be subject to
20-13 taxation to the same extent and in the same manner as are
20-14 purchasers of lands dedicated to the Permanent Free Public School
20-15 Fund. The lands shall be sold to veterans in quantities, on terms,
20-16 at prices, and at fixed, variable, floating, or other rates of
20-17 interest, determined by the Board and in accordance with rules of
20-18 the Board. Notwithstanding any provisions of this section to the
20-19 contrary, lands in the Veterans' Land Fund that are offered for
20-20 sale to veterans and that are not sold may be sold or resold to the
20-21 purchasers in quantities, on terms, at prices, and at rates of
20-22 interest determined by the Board and in accordance with rules of
20-23 the Board.
20-24 (i) The expenses of the Board in connection with the
20-25 issuance of the bonds for the benefit of the Veterans' Land Fund
20-26 and the purchase and sale of the lands may be paid from money in
20-27 the Veterans' Land Fund.
21-1 (j) [(c)] The Veterans' Land Fund shall consist of:
21-2 (1) lands heretofore or hereafter purchased by the
21-3 Board;
21-4 (2) money attributable to bonds heretofore or
21-5 hereafter issued and sold by the Board for the fund, including
21-6 proceeds from the issuance and sale of the bonds;
21-7 (3) money received from the sale or resale of lands or
21-8 rights in lands purchased from those proceeds;
21-9 (4) money received from the sale or resale of lands or
21-10 rights in lands purchased with other money attributable to the
21-11 bonds;
21-12 (5) proceeds derived from the sale or other
21-13 disposition of the Board's interest in contracts for the sale or
21-14 resale of lands or rights in lands;
21-15 (6) interest and penalties received from the sale or
21-16 resale of lands or rights in lands;
21-17 (7) bonuses, income, rents, royalties, and other
21-18 pecuniary benefits received by the Board from lands;
21-19 (8) money received by way of indemnity or forfeiture
21-20 for the failure of a bidder for the purchase of bonds to comply
21-21 with the bid and accept and pay for the bonds or for the failure of
21-22 a bidder for the purchase of lands comprising a part of the
21-23 Veterans' Land Fund to comply with the bid and accept and pay for
21-24 the lands;
21-25 (9) payments received by the Board under a bond
21-26 enhancement agreement with respect to the bonds; and
21-27 (10) interest received from investments of money in
22-1 the fund.
22-2 (k) [(d)] The principal of and interest on the general
22-3 obligation bonds [authorized by this section] for the benefit of
22-4 the Veterans' Land Fund, including payments by the Board under a
22-5 bond enhancement agreement with respect to principal of or interest
22-6 on the bonds, shall be paid out of the money of the Veterans' Land
22-7 Fund, but the money in the fund that is not immediately committed
22-8 to the payment of principal and interest on the bonds, the purchase
22-9 of lands, or the payment of expenses may be invested as authorized
22-10 by law until the money is needed for those purposes.
22-11 (l) [(e)] The Veterans' Housing Assistance Fund II [is
22-12 created, and $500 million of the general obligation bonds
22-13 authorized by this section shall be used for the Veterans' Housing
22-14 Assistance Fund II. The Veterans' Housing Assistance Fund II] is a
22-15 separate and distinct fund from the Veterans' Housing Assistance
22-16 Fund [established under Section 49-b-1 of this article]. Money in
22-17 the Veterans' Housing Assistance Fund II shall be administered by
22-18 the Veterans' Land Board and shall be used to make home mortgage
22-19 loans to veterans for housing within this state in quantities, on
22-20 terms, and at fixed, variable, floating, or other rates of
22-21 interest, determined by the Board and in accordance with rules of
22-22 the Board. The expenses of the Board in connection with the
22-23 issuance of the bonds for the benefit of the Veterans' Housing
22-24 Assistance Fund II and the making of the loans may be paid from
22-25 money in the Veterans' Housing Assistance Fund II.
22-26 (m) [(f)] The Veterans' Housing Assistance Fund II shall
22-27 consist of:
23-1 (1) the Board's interest in home mortgage loans the
23-2 Board makes to veterans from money in the fund under the Veterans'
23-3 Housing Assistance Program established by law;
23-4 (2) proceeds derived from the sale or other
23-5 disposition of the Board's interest in home mortgage loans;
23-6 (3) money attributable to bonds issued and sold by the
23-7 Board to provide money for the fund, including the proceeds from
23-8 the issuance and sale of bonds;
23-9 (4) income, rents, and other pecuniary benefits
23-10 received by the Board as a result of making loans;
23-11 (5) money received by way of indemnity or forfeiture
23-12 for the failure of a bidder for the purchase of bonds to comply
23-13 with the bid and accept and pay for the bonds;
23-14 (6) payments received by the Board under a bond
23-15 enhancement agreement with respect to the bonds; and
23-16 (7) interest received from investments of money.
23-17 (n) [(g)] The principal of and interest on the general
23-18 obligation bonds [authorized by this section] for the benefit of
23-19 the Veterans' Housing Assistance Fund II, including payments by the
23-20 Board under a bond enhancement agreement with respect to principal
23-21 of or interest on the bonds, shall be paid out of the money of the
23-22 Veterans' Housing Assistance Fund II, but the money in the fund
23-23 that is not immediately committed to the payment of principal and
23-24 interest on the bonds, the making of home mortgage loans, or the
23-25 payment of expenses may be invested as authorized by law until the
23-26 money is needed for those purposes.
23-27 (o) The [(h) Notwithstanding the provisions of Section
24-1 49-b-1 of this article to the contrary, the] Veterans' Housing
24-2 Assistance Fund shall consist of:
24-3 (1) the Board's interest in home mortgage loans the
24-4 Board makes to veterans from money in the fund under the Veterans'
24-5 Housing Assistance Program established by law;
24-6 (2) proceeds derived from the sale or other
24-7 disposition of the Board's interest in home mortgage loans;
24-8 (3) money attributable to bonds issued and sold by the
24-9 Board to provide money for the fund, including proceeds from the
24-10 issuance and sale of bonds;
24-11 (4) income, rents, and other pecuniary benefits
24-12 received by the Board as a result of making loans;
24-13 (5) money received by way of indemnity or forfeiture
24-14 for the failure of a bidder for the purchase of bonds to comply
24-15 with the bid and accept and pay for the bonds;
24-16 (6) payments received by the Board under a bond
24-17 enhancement agreement with respect to the bonds; and
24-18 (7) interest received from investments of money.
24-19 (p) [(i)] The principal of and interest on the general
24-20 obligation bonds [authorized by Section 49-b-1 of this article] for
24-21 the benefit of the Veterans' Housing Assistance Fund, including
24-22 payments by the Board under a bond enhancement agreement with
24-23 respect to principal of or interest on the bonds, shall be paid out
24-24 of money in the Veterans' Housing Assistance Fund.
24-25 (q) [(j)] If there is not enough money in the Veterans' Land
24-26 Fund, the Veterans' Housing Assistance Fund, or the Veterans'
24-27 Housing Assistance Fund II, as the case may be, available to pay
25-1 the principal of and interest on the general obligation bonds
25-2 benefiting those funds [authorized by this section or by Section
25-3 49-b or 49-b-1 of this article], including money to make payments
25-4 by the Board under a bond enhancement agreement with respect to
25-5 principal of or interest on the bonds, there is appropriated out of
25-6 the first money coming into the treasury in each fiscal year, not
25-7 otherwise appropriated by this constitution, an amount that is
25-8 sufficient to pay the principal of and interest on the general
25-9 obligation bonds that mature or become due during that fiscal year
25-10 or to make bond enhancement payments with respect to those bonds.
25-11 (r) Receipts [(k) Notwithstanding any provisions of Section
25-12 49-b or 49-b-1 of this article to the contrary, receipts] of all
25-13 kinds of the Veterans' Land Fund, the Veterans' Housing Assistance
25-14 Fund, or the Veterans' Housing Assistance Fund II that the Board
25-15 determines are not required for the payment of principal of and
25-16 interest on the general obligation bonds benefiting those funds,
25-17 including payments by the Board under a bond enhancement agreement
25-18 with respect to principal of or interest on the bonds, [authorized
25-19 by this section or by Section 49-b or 49-b-1 of this article or
25-20 otherwise authorized by this constitution to be issued by the Board
25-21 to provide money for the fund,] may be used by the Board, to the
25-22 extent not inconsistent with the proceedings authorizing the bonds
25-23 to:
25-24 (1) make temporary transfers to another of those funds
25-25 to avoid a temporary cash deficiency in that fund or make a
25-26 transfer to another of those funds for the purposes of that fund;
25-27 (2) pay the principal of and interest on general
26-1 obligation bonds issued to provide money for another of those funds
26-2 or make bond enhancement payments with respect to the bonds; or
26-3 (3) pay the principal of and interest on revenue bonds
26-4 of the Board or make bond enhancement payments with respect to the
26-5 bonds if the bonds are issued to provide funds to purchase lands
26-6 and sell lands to veterans or make home mortgage loans to veterans.
26-7 (s) [(l)] If the Board determines that assets from the
26-8 Veterans' Land Fund, the Veterans' Housing Assistance Fund, or the
26-9 Veterans' Housing Assistance Fund II are not required for the
26-10 purposes of the fund, the Board may transfer the assets to another
26-11 of those funds or use the assets to secure revenue bonds issued by
26-12 the Board under this section.
26-13 (t) [(m)] The revenue bonds shall be special obligations of
26-14 the Board and payable only from and secured only by receipts of the
26-15 funds, assets transferred from the funds, and other revenues and
26-16 assets as determined by the Board and shall not constitute
26-17 indebtedness of the state or the Veterans' Land Board. The Board
26-18 may issue revenue bonds from time to time, which bonds may not
26-19 exceed an aggregate principal amount that the Board determines can
26-20 be fully retired from the receipts of the funds, the assets
26-21 transferred from the funds, and the other revenues and assets
26-22 pledged to the retirement of the revenue bonds. [The revenue bonds
26-23 shall be issued and sold in forms and denominations, in the manner,
26-24 on terms, at times and places, and in installments the Board
26-25 determines.] Notwithstanding the rate of interest specified by any
26-26 other provision of this constitution, [the] revenue bonds shall
26-27 bear a rate or rates of interest the Board determines. A
27-1 determination made by the Board under this subsection shall be
27-2 binding and conclusive as to the matter determined.
27-3 (u) The [(n) Notwithstanding any provisions of Section 49-b
27-4 or 49-b-1 of this article to the contrary, the] bonds authorized to
27-5 be issued and sold by the Veterans' Land Board [by this section or
27-6 by Sections 49-b and 49-b-1 of this article] shall be issued and
27-7 sold in forms and denominations, on terms, at times, in the manner,
27-8 at places, and in installments the Board determines. The bonds
27-9 shall bear a rate or rates of interest the Board determines. The
27-10 bonds shall be incontestable after execution by the Board, approval
27-11 by the Attorney General of Texas, and delivery to the purchaser or
27-12 purchasers of the bonds.
27-13 (v) [(o)] This Amendment being intended only to establish a
27-14 basic framework and not to be a comprehensive treatment of the
27-15 Veterans' Housing Assistance Program and the Veterans' Land
27-16 Program, there is hereby reposed in the Legislature full power to
27-17 implement and effectuate the design and objects of this Amendment,
27-18 including the power to delegate such duties, responsibilities,
27-19 functions, and authority to the Veterans' Land Board as it believes
27-20 necessary.
27-21 [(p) In this section, "veteran" has the meaning assigned by
27-22 Section 49-b-1 of this article.]
27-23 [Sec. 49-b-3. (a) In addition to the general obligation
27-24 bonds authorized to be issued and to be sold by the Veterans' Land
27-25 Board by Sections 49-b, 49-b-1, and 49-b-2 of this article, the
27-26 Veterans' Land Board may provide for, issue, and sell general
27-27 obligation bonds of the state in an amount not to exceed $500
28-1 million to provide housing financing to veterans of the state in
28-2 recognition of their service to this state and the United States.
28-3 The Veterans' Land Board may enter into bond enhancement agreements
28-4 with respect to the bonds. The proceeds from the issuance and sale
28-5 of the bonds authorized by this section shall be used to augment
28-6 the Veterans' Housing Assistance Fund II to be administered and
28-7 invested as provided by law.]
28-8 [(b) The principal of and interest on the general obligation
28-9 bonds authorized by this section, including payments under bond
28-10 enhancement agreements with respect to principal of or interest on
28-11 the bonds, shall be payable from the sources and in the manner
28-12 provided by Section 49-b-2 of this article for general obligation
28-13 bonds issued under that section to augment the Veterans' Housing
28-14 Assistance Fund II.]
28-15 [(c) The general obligation bonds authorized by this section
28-16 shall be issued and sold in forms and denominations, on terms, at
28-17 times, in the manner, at places, and in installments the Veterans'
28-18 Land Board determines. The bonds shall bear a rate or rates of
28-19 interest the Veterans' Land Board determines. The bonds authorized
28-20 by this section shall be incontestable after execution by the
28-21 Veterans' Land Board, approval by the attorney general, and
28-22 delivery to the purchaser or purchasers of the bonds.]
28-23 SECTION 15. Sections 49-c, 49-d, 49-d-1, 49-d-2, 49-d-5,
28-24 49-d-6, 49-d-7, and 49-d-8, Article III, Texas Constitution, are
28-25 amended to read as follows:
28-26 Sec. 49-c. (a) The Texas Water Development Board, [There is
28-27 hereby created as] an agency of the State of Texas, shall [the
29-1 Texas Water Development Board to] exercise such powers as necessary
29-2 under this provision together with such other duties and
29-3 restrictions as may be prescribed by law. The qualifications,
29-4 compensation, and number of members of said Board shall be
29-5 determined by law. They shall be appointed by the Governor with
29-6 the advice and consent of the Senate in the manner and for such
29-7 terms as may be prescribed by law.
29-8 (b) The Texas Water Development Board shall have the
29-9 authority to provide for, issue and sell general obligation bonds
29-10 of the State of Texas as authorized by constitutional amendment or
29-11 by a debt proposition under Section 49 of this article [in an
29-12 amount not to exceed One Hundred Million Dollars ($100,000,000)].
29-13 [The Legislature of Texas, upon two-thirds (2/3) vote of the
29-14 elected Members of each House, may authorize the Board to issue
29-15 additional bonds in an amount not exceeding One Hundred Million
29-16 Dollars ($100,000,000).] The bonds [authorized herein or permitted
29-17 to be authorized by the Legislature] shall be called "Texas Water
29-18 Development Bonds," shall be executed in such form, denominations
29-19 and upon such terms as may be prescribed by law, and [provided,
29-20 however, that the bonds shall not bear more than four per cent (4%)
29-21 interest per annum; they] may be issued in such installments as the
29-22 Board finds feasible and practical in accomplishing the purpose set
29-23 forth herein.
29-24 (c) All moneys received from the sale of the [State] bonds
29-25 shall be deposited in a fund hereby created in the State Treasury
29-26 to be known as the Texas Water Development Fund to be administered
29-27 (without further appropriation) by the Texas Water Development
30-1 Board in such manner as prescribed by law.
30-2 (d) Such fund shall be used only for the purpose of aiding
30-3 or making funds available upon such terms and conditions as the
30-4 Legislature may prescribe, to the various political subdivisions or
30-5 bodies politic and corporate of the State of Texas including river
30-6 authorities, conservation and reclamation districts and districts
30-7 created or organized or authorized to be created or organized under
30-8 Article XVI, Section 59 or Article III, Section 52, of this
30-9 Constitution, interstate compact commissions to which the State of
30-10 Texas is a party and municipal corporations, in the conservation
30-11 and development of the water resources of this State, including the
30-12 control, storing and preservation of its storm and flood waters and
30-13 the waters of its rivers and streams, for all useful and lawful
30-14 purposes by the acquisition, improvement, extension, or
30-15 construction of dams, reservoirs and other water storage projects,
30-16 including any system necessary for the transportation of water from
30-17 storage to points of treatment and/or distribution, including
30-18 facilities for transporting water therefrom to wholesale
30-19 purchasers, or for any one or more of such purposes or methods.
30-20 (e) Any or all financial assistance as provided herein shall
30-21 be repaid with interest upon such terms, conditions and manner of
30-22 repayment as may be provided by law.
30-23 (f) While any of the Texas Water Development Bonds [bonds
30-24 authorized by this provision or while any of the bonds that may be
30-25 authorized by the Legislature under this provision], or any
30-26 interest on any of such bonds, is outstanding and unpaid, there is
30-27 hereby appropriated out of the first moneys coming into the
31-1 Treasury in each fiscal year, not otherwise appropriated by this
31-2 Constitution, an amount which is sufficient to pay the principal
31-3 and interest on such bonds that mature or become due during such
31-4 fiscal year, less the amount in the sinking fund at the close of
31-5 the prior fiscal year.
31-6 (g) The Legislature may provide for the investment of moneys
31-7 available in the Texas Water Development Fund, and the interest and
31-8 sinking funds established for the payment of bonds issued by the
31-9 Texas Water Development Board. Income from such investment shall
31-10 be used for the purposes prescribed by the Legislature. The
31-11 Legislature may also make appropriations from the General Revenue
31-12 Fund for paying administrative expenses of the Board.
31-13 (h) From the moneys received by the Texas Water Development
31-14 Board as repayment of principal for financial assistance or as
31-15 interest thereon, there shall be deposited in the interest and
31-16 sinking fund for the bonds [authorized by this Section] sufficient
31-17 moneys to pay the interest and principal to become due during the
31-18 ensuing year and sufficient to establish and maintain a reserve in
31-19 said fund equal to the average annual principal and interest
31-20 requirements on all outstanding bonds [issued under this Section].
31-21 If any year [prior to December 31, 1982] moneys are received in
31-22 excess of the foregoing requirements then such excess shall be
31-23 deposited to the Texas Water Development Fund, and may be used for
31-24 administrative expenses of the Board and for the same purposes and
31-25 upon the same terms and conditions prescribed for the proceeds
31-26 derived from the sale of such State bonds. [No grant of financial
31-27 assistance shall be made under the provisions of this Section after
32-1 December 31, 1982, and all moneys thereafter received as repayment
32-2 of principal for financial assistance or as interest thereon shall
32-3 be deposited in the interest and sinking fund for the State bonds;
32-4 except that such amount as may be required to meet the
32-5 administrative expenses of the Board may be annually set aside; and
32-6 provided, that after all State bonds have been fully paid with
32-7 interest, or after there are on deposit in the interest and sinking
32-8 fund sufficient moneys to pay all future maturities of principal
32-9 and interest, additional moneys so received shall be deposited to
32-10 the General Revenue Fund.]
32-11 (i) All Texas Water Development Bonds [bonds issued
32-12 hereunder] shall after approval by the Attorney General,
32-13 registration by the Comptroller of Public Accounts of the State of
32-14 Texas, and delivery to the purchasers, be incontestable and shall
32-15 constitute general obligations of the State of Texas under the
32-16 Constitution of Texas.
32-17 [Should the Legislature enact enabling laws in anticipation
32-18 of the adoption of this amendment, such acts shall not be void by
32-19 reason of their anticipatory nature.]
32-20 Sec. 49-d. (a) It is hereby declared to be the policy of
32-21 the State of Texas to encourage the optimum development of the
32-22 limited number of feasible sites available for the construction or
32-23 enlargement of dams and reservoirs for conservation of the public
32-24 waters of the state, which waters are held in trust for the use and
32-25 benefit of the public, and to encourage the optimum regional
32-26 development of systems built for the filtration, treatment, and
32-27 transmission of water and wastewater. The proceeds from the sale
33-1 of [the additional] bonds [authorized hereunder] deposited in the
33-2 Texas Water Development Fund [and the proceeds of bonds previously
33-3 authorized by Article III, Section 49-c of this Constitution,] may
33-4 be used by the Texas Water Development Board, under such provisions
33-5 as the Legislature may prescribe by General Law, including the
33-6 requirement of a permit for storage or beneficial use, for the
33-7 additional purposes of acquiring and developing storage facilities,
33-8 and any system or works necessary for the filtration, treatment and
33-9 transportation of water or wastewater, or for any one or more of
33-10 such purposes or methods, whether or not such a system or works is
33-11 connected with a reservoir in which the state has a financial
33-12 interest; provided, however, the Texas Water Development Fund or
33-13 any other state fund provided for water development, transmission,
33-14 transfer or filtration shall not be used to finance any project
33-15 which contemplates or results in the removal from the basin of
33-16 origin of any surface water necessary to supply the reasonably
33-17 foreseeable future water requirements for the next ensuing
33-18 fifty-year period within the river basin of origin, except on a
33-19 temporary, interim basis.
33-20 (b) Under such provisions as the Legislature may prescribe
33-21 by General Law the Texas Water Development Fund may be used for the
33-22 conservation and development of water for useful purposes by
33-23 construction or reconstruction or enlargement of reservoirs
33-24 constructed or to be constructed or enlarged within the State of
33-25 Texas or on any stream constituting a boundary of the State of
33-26 Texas, together with any system or works necessary for the
33-27 filtration, treatment and/or transportation of water, by any one or
34-1 more of the following governmental agencies: by the United States
34-2 of America or any agency, department or instrumentality thereof; by
34-3 the State of Texas or any agency, department or instrumentality
34-4 thereof; by political subdivisions or bodies politic and corporate
34-5 of the state; by interstate compact commissions to which the State
34-6 of Texas is a party; and by municipal corporations. The
34-7 Legislature shall provide terms and conditions under which the
34-8 Texas Water Development Board may sell, transfer or lease, in whole
34-9 or in part, any reservoir and associated system or works which the
34-10 Texas Water Development Board has financed in whole or in part.
34-11 (c) Under such provisions as the Legislature may prescribe
34-12 by General Law, the Texas Water Development Board may also execute
34-13 long-term contracts with the United States or any of its agencies
34-14 for the acquisition and development of storage facilities in
34-15 reservoirs constructed or to be constructed by the Federal
34-16 Government. Such contracts when executed shall constitute general
34-17 obligations of the State of Texas in the same manner and with the
34-18 same effect as state bonds issued under the authority of [the
34-19 preceding] Section 49-c of this article [Constitution], and the
34-20 provisions of [in said] Section 49-c of this article with respect
34-21 to payment of principal and interest on state bonds issued shall
34-22 likewise apply with respect to payment of principal and interest
34-23 required to be paid by such contracts. If storage facilities are
34-24 required for a term of years, such contracts shall contain
34-25 provisions for renewal that will protect the state's investment.
34-26 [The aggregate of the bonds authorized hereunder shall not
34-27 exceed $200,000,000 and shall be in addition to the aggregate of
35-1 the bonds previously authorized by said Section 49-c of Article III
35-2 of this Constitution. The Legislature upon two-thirds (2/3) vote
35-3 of the elected members of each House, may authorize the Board to
35-4 issue all or any portion of such $200,000,000 in additional bonds
35-5 herein authorized.]
35-6 (d) The Legislature shall provide terms and conditions for
35-7 the Texas Water Development Board to sell, transfer or lease, in
35-8 whole or in part, any acquired facilities or the right to use such
35-9 facilities at a price not less than the direct cost of the Board in
35-10 acquiring same; and the Legislature may provide terms and
35-11 conditions for the Board to sell any unappropriated public waters
35-12 of the state that might be stored in such facilities. As a
35-13 prerequisite to the purchase of such storage or water, the
35-14 applicant therefor shall have secured a valid permit from the state
35-15 [Texas Water Commission or its successor] authorizing the
35-16 acquisition of such storage facilities or the water impounded
35-17 therein. The money received from any sale, transfer or lease of
35-18 facilities shall be used to pay principal and interest on state
35-19 bonds issued or contractual obligations incurred by the Texas Water
35-20 Development Board, provided that when moneys are sufficient to pay
35-21 the full amount of indebtedness then outstanding and the full
35-22 amount of interest to accrue thereon, any further sums received
35-23 from the sale, transfer or lease of such facilities shall be
35-24 deposited and used as provided by law. Money received from the
35-25 sale of water, which shall include standby service, may be used for
35-26 the operation and maintenance of acquired facilities, and for the
35-27 payment of principal and interest on debt incurred.
36-1 [Should the Legislature enact enabling laws in anticipation
36-2 of the adoption of this Amendment, such Acts shall not be void by
36-3 reason of their anticipatory character.]
36-4 Sec. 49-d-1. (a) The Texas Water Development Board may
36-5 [shall upon direction of the Texas Water Quality Board, or any
36-6 successor agency designated by the Legislature,] issue [additional]
36-7 Texas Water Development Bonds as authorized by constitutional
36-8 amendment or by a debt proposition under Section 49 of this article
36-9 [up to an additional aggregate principal amount of $200,000,000] to
36-10 provide grants, loans, or any combination of grants and loans for
36-11 water quality enhancement purposes as established by the
36-12 Legislature[. The Texas Water Quality Board or any successor
36-13 agency designated by the Legislature may make such grants and
36-14 loans] to political subdivisions or bodies politic and corporate of
36-15 the State of Texas, including municipal corporations, river
36-16 authorities, conservation and reclamation districts, and districts
36-17 created or organized or authorized to be created or organized under
36-18 Article XVI, Section 59, or Article III, Section 52, of this
36-19 Constitution, State agencies, and interstate agencies and compact
36-20 commissions to which the State of Texas is a party, and upon such
36-21 terms and conditions as the Legislature may authorize by general
36-22 law. The bonds shall be issued for such terms, in such
36-23 denominations, form and installments, and upon such conditions as
36-24 the Legislature may authorize.
36-25 [(b) The proceeds from the sale of such bonds shall be
36-26 deposited in the Texas Water Development Fund to be invested and
36-27 administered as prescribed by law.]
37-1 [(c) The bonds authorized in this Section 49-d-1 and all
37-2 bonds authorized by Sections 49-c and 49-d of Article III shall
37-3 bear interest at not more than 6% per annum and mature as the Texas
37-4 Water Development Board shall prescribe, subject to the limitations
37-5 as may be imposed by the Legislature.]
37-6 (b) [(d)] The Texas Water Development Fund shall be used for
37-7 the purposes heretofore permitted by, and subject to the
37-8 limitations in this Section and Sections 49-c and[,] 49-d [and
37-9 49-d-1]; provided, however, that the financial assistance may be
37-10 made [pursuant to the provisions of Sections 49-c, 49-d and 49-d-1]
37-11 subject only to the availability of funds [and without regard to
37-12 the provisions in Section 49-c that such financial assistance
37-13 shall terminate after December 31, 1982].
37-14 [(e) Texas Water Development Bonds are secured by the
37-15 general credit of the State and shall after approval by the
37-16 Attorney General, registration by the Comptroller of Public
37-17 Accounts of the State of Texas, and delivery to the purchasers, be
37-18 incontestable and shall constitute general obligations of the State
37-19 of Texas under the Constitution of Texas.]
37-20 [(f) Should the Legislature enact enabling laws in
37-21 anticipation of the adoption of this amendment, such Acts shall not
37-22 be void by reason of their anticipatory character.]
37-23 Sec. 49-d-2. [(a)] The Texas Water Development Board may
37-24 issue [additional] Texas Water Development Bonds [up to an
37-25 additional aggregate principal amount of $980 million. Of the
37-26 additional bonds authorized to be issued, $590 million of those
37-27 bonds are dedicated for use for the purposes provided by Sections
38-1 49-c and 49-d of this article with $400 million of those bonds to
38-2 be used for state participation in the acquisition and development
38-3 of facilities for the storage, transmission, transportation, and
38-4 treatment of water and wastewater as authorized by Section 49-d of
38-5 this article. The legislature may set limits on the extent of
38-6 state participation in projects in each fiscal year through the
38-7 General Appropriations Act or other law, and state participation is
38-8 limited to 50 percent of the funding for any single project. Of
38-9 the additional bonds authorized, $190 million are dedicated for use
38-10 for the purposes provided by Section 49-d-1 of this article and
38-11 $200 million are dedicated exclusively] for flood control projects
38-12 and [may be made available] for any acquisition or construction
38-13 necessary to achieve structural and nonstructural flood control
38-14 purposes.
38-15 [(b) The Texas Water Development Board shall issue the
38-16 additional bonds authorized by this section for the terms, in the
38-17 denominations, form, and installments, on the conditions, and
38-18 subject to the limitations provided by Sections 49-c, 49-d, and
38-19 49-d-1 of this article and by laws adopted by the legislature
38-20 implementing those sections.]
38-21 [(c) Proceeds from the sale of the bonds authorized by this
38-22 section shall be deposited in the Texas water development fund to
38-23 be administered and invested as provided by law.]
38-24 [(d) Financial assistance made available for the purposes
38-25 provided by this section is subject only to availability of funds.
38-26 The requirement of Section 49-c of this article that financial
38-27 assistance terminate on December 31, 1982, does not apply to
39-1 financial assistance made available under this section.]
39-2 [(e) Bonds issued under this section shall bear interest as
39-3 provided by Section 65 of this article.]
39-4 Sec. 49-d-5. For the purpose of any program established or
39-5 authorized by [Section 49-c, 49-d, 49-d-1, 49-d-2, or 49-d-4 of]
39-6 this article and administered by the Texas Water Development Board,
39-7 the legislature by law may extend any benefits to nonprofit water
39-8 supply corporations that it may extend to a district created or
39-9 organized under Article XVI, Section 59, of this constitution.
39-10 Sec. 49-d-6. [(a) The Texas Water Development Board may
39-11 issue additional Texas Water Development Bonds up to an additional
39-12 aggregate principal amount of $400 million. Of the additional
39-13 bonds authorized to be issued, $200 million of those bonds shall be
39-14 used for purposes provided by Section 49-c of this article, $150
39-15 million of those bonds shall be used for purposes provided by
39-16 Section 49-d-1 of this article, and $50 million of those bonds
39-17 shall be used for flood control as provided by law.]
39-18 [(b)] The legislature may require review and approval of the
39-19 issuance of Texas Water Development Bonds [the bonds], of the use
39-20 of the bond proceeds, or of the rules adopted by an agency to
39-21 govern use of the bond proceeds. Notwithstanding any other
39-22 provision of this constitution, any entity created or directed to
39-23 conduct this review and approval may include members or appointees
39-24 of members of the executive, legislative, and judicial departments
39-25 of state government.
39-26 [(c) The Texas Water Development Board shall issue the
39-27 additional bonds authorized by this section for the terms, in the
40-1 denominations, form, and installments, on the conditions, and
40-2 subject to the limitations provided by Sections 49-c and 49-d-1 of
40-3 this article and by laws adopted by the legislature implementing
40-4 this section.]
40-5 [(d) Subsections (c) through (e) of Section 49-d-2 of this
40-6 article apply to the bonds authorized by this section.]
40-7 Sec. 49-d-7. (a) [The Texas Water Development Board may
40-8 issue additional Texas water development bonds up to an additional
40-9 aggregate principal amount of $500 million. Of the additional
40-10 bonds authorized to be issued, $250 million of those bonds shall be
40-11 used for purposes provided by Section 49-c of this article, $200
40-12 million of those bonds shall be used for purposes provided by
40-13 Section 49-d-1 of this article, and $50 million of those bonds
40-14 shall be used for flood control as provided by law.]
40-15 [(b)] The Texas Water Development Board may use the proceeds
40-16 of Texas water development bonds issued for the purposes provided
40-17 by Section 49-c of this article for the additional purpose of
40-18 providing financial assistance, on terms and conditions provided by
40-19 law, to various political subdivisions and bodies politic and
40-20 corporate of the state and to nonprofit water supply corporations
40-21 to provide for acquisition, improvement, extension, or construction
40-22 of water supply projects that involve the distribution of water to
40-23 points of delivery to wholesale or retail customers.
40-24 [(c) The legislature may require review and approval of the
40-25 issuance of the bonds, the use of the bond proceeds, or the rules
40-26 adopted by an agency to govern use of the bond proceeds.
40-27 Notwithstanding any other provision of this constitution, any
41-1 entity created or directed to conduct this review and approval may
41-2 include members or appointees of members of the executive,
41-3 legislative, and judicial departments of state government.]
41-4 [(d) Except as specifically provided by Subsection (e) of
41-5 this section, the Texas Water Development Board shall issue the
41-6 additional bonds authorized by this section for the terms, in the
41-7 denominations, form, and installments, on the conditions, and
41-8 subject to the limitations provided by Sections 49-c and 49-d-1 of
41-9 this article and by laws adopted by the legislature implementing
41-10 this section.]
41-11 (b) [(e)] The legislature may provide by law for subsidized
41-12 loans and grants from the proceeds of Texas water development bonds
41-13 [authorized by this section] to provide wholesale and retail water
41-14 and wastewater facilities to economically distressed areas of the
41-15 state as defined by law, provided, the principal amount of bonds
41-16 that may be issued for the purposes under this subsection may not
41-17 exceed $250 million [50 percent of the total amount of bonds
41-18 authorized by this section]. Separate accounts shall be
41-19 established in the water development fund for administering the
41-20 proceedings of bonds issued for purposes under this subsection, and
41-21 an interest and sinking fund separate from and not subject to the
41-22 limitations of the interest and sinking fund created [pursuant to
41-23 Section 49-c] for other Texas water development bonds is
41-24 established in the State Treasury to be used for paying the
41-25 principal of and interest on bonds for the purposes of the
41-26 subsection. While any of the bonds authorized for the purposes of
41-27 this subsection or any of the interest on those bonds is
42-1 outstanding and unpaid, there is appropriated out of the first
42-2 money coming into the State Treasury in each fiscal year, not
42-3 otherwise appropriated by this constitution, an amount that is
42-4 sufficient to pay the principal of and interest on those bonds
42-5 issued for the purposes under this subsection that mature or become
42-6 due during that fiscal year.
42-7 [(f) Subsections (c) through (e) of Section 49-d-2 of this
42-8 article apply to the bonds authorized by this section.]
42-9 Sec. 49-d-8. (a) The Texas Water Development Fund II is
42-10 [created] in the state treasury as a fund separate and distinct
42-11 from the Texas Water Development Fund established under Section
42-12 49-c of this article. Money in the Texas Water Development Fund II
42-13 shall be administered without further appropriation by the Texas
42-14 Water Development Board and shall be used for any one or more of
42-15 the purposes currently or formerly authorized by Sections 49-c,
42-16 49-d, 49-d-1, 49-d-2, 49-d-5, 49-d-6, and 49-d-7 of this article,
42-17 as determined by the Texas Water Development Board. Separate
42-18 accounts shall be established in the Texas Water Development Fund
42-19 II for administering proceedings related to the purposes described
42-20 in Section 49-d of this article, the purposes described in
42-21 Subsection (b) [(e)] of Section 49-d-7 of this article, and all
42-22 other authorized purposes. The Texas Water Development Board is
42-23 hereby authorized, at its determination, to issue general
42-24 obligation bonds for one or more accounts of the Texas Water
42-25 Development Fund II in an aggregate principal amount equal to the
42-26 amount of bonds previously authorized pursuant to former Section
42-27 49-d-6 and Sections 49-d-2[, 49-d-6,] and 49-d-7 of this article
43-1 less the amount of bonds issued pursuant to those sections to
43-2 augment the Texas Water Development Fund and the amount of bonds
43-3 issued to augment the Texas Water Development Fund II. Nothing in
43-4 this section, however, shall grant to the Texas Water Development
43-5 Board the authority to issue bonds [under this section and under
43-6 Sections 49-d-2, 49-d-6, and 49-d-7 of this article] in excess of
43-7 the total amount of those previously authorized bonds [described in
43-8 Sections 49-d-2, 49-d-6, and 49-d-7 of this article] or to issue
43-9 bonds for purposes described in Subsection (b) [(e)] of Section
43-10 49-d-7 of this article in excess of $250 million. The expenses of
43-11 the Texas Water Development Board in connection with the issuance
43-12 of bonds for an account of the Texas Water Development Fund II and
43-13 administration of such account may be paid from money in such
43-14 account.
43-15 (b) The Texas Water Development Board is hereby authorized,
43-16 at its determination, to issue general obligation bonds for one or
43-17 more accounts of the Texas Water Development Fund II in order to
43-18 refund outstanding bonds previously issued to augment the Texas
43-19 Water Development Fund, as long as the principal amount of the
43-20 refunding bonds does not exceed the outstanding principal amount of
43-21 the refunded bonds, and to refund the general obligation of the
43-22 State of Texas under long-term contracts entered into by the Texas
43-23 Water Development Board with the United States or any of its
43-24 agencies under authority granted by Section 49-d of this article,
43-25 as long as the principal amount of the refunding bonds does not
43-26 exceed the principal amount of the contractual obligation of the
43-27 Texas Water Development Board. Money and assets in the Texas Water
44-1 Development Fund attributable to such refunding bonds shall be
44-2 transferred to the appropriate account of the Texas Water
44-3 Development Fund II, as determined by the Texas Water Development
44-4 Board, to the extent not inconsistent with the proceedings
44-5 authorizing any outstanding bonds issued to augment the Texas Water
44-6 Development Fund and the terms of any long-term contracts entered
44-7 into by the Texas Water Development Board with the United States or
44-8 any of its agencies. In addition, the Texas Water Development
44-9 Board may transfer other moneys and assets in the Texas Water
44-10 Development Fund to the appropriate account of the Texas Water
44-11 Development Fund II, as determined by the Texas Water Development
44-12 Board, without the necessity of issuing refunding bonds to effect
44-13 the transfer, to the extent not inconsistent with the proceedings
44-14 authorizing any outstanding bonds issued to augment the Texas Water
44-15 Development Fund. Further, at such time as all bonds issued to
44-16 augment the Texas Water Development Fund and all such contractual
44-17 obligations have been paid or otherwise discharged, all money and
44-18 assets in the Texas Water Development Fund shall be transferred to
44-19 the credit of the Texas Water Development Fund II and deposited to
44-20 the accounts therein, as determined by the Texas Water Development
44-21 Board.
44-22 (c) Subject to the limitations set forth in Section 49-d of
44-23 this article, the legislature shall provide terms and conditions
44-24 under which the Texas Water Development Board may sell, transfer,
44-25 or lease, in whole or in part, facilities held for the account
44-26 established within the Texas Water Development Fund II for
44-27 administering proceedings related to the purposes described in
45-1 Section 49-d of this article, and the legislature may provide terms
45-2 and conditions under which the Texas Water Development Board may
45-3 sell any unappropriated public waters of the state that may be
45-4 stored in such facilities. Money received from any sale, transfer,
45-5 or lease of such facilities or water shall be credited to the
45-6 account established within the Texas Water Development Fund II for
45-7 the purpose of administering proceedings related to the purposes
45-8 described in Section 49-d of this article.
45-9 (d) Each account of the Texas Water Development Fund II
45-10 shall consist of:
45-11 (1) the Texas Water Development Board's rights to
45-12 receive repayment of financial assistance provided from such
45-13 account, together with any evidence of such rights;
45-14 (2) money received from the sale or other disposition
45-15 of the Texas Water Development Board's rights to receive repayment
45-16 of such financial assistance;
45-17 (3) money received as repayment of such financial
45-18 assistance;
45-19 (4) money and assets attributable to bonds issued and
45-20 sold by the Texas Water Development Board for such account,
45-21 including money and assets transferred from the Texas Water
45-22 Development Fund pursuant to this section;
45-23 (5) money deposited in such account pursuant to
45-24 Subsection (c) of this section;
45-25 (6) payments received by the Texas Water Development
45-26 Board under a bond enhancement agreement as authorized by law with
45-27 respect to bonds issued for such account; and
46-1 (7) interest and other income received from investment
46-2 of money in such account.
46-3 (e) Notwithstanding the other provisions of [Sections
46-4 49-d-2, 49-d-6, and 49-d-7 of] this article, the principal of and
46-5 interest on the general obligation bonds issued for an account of
46-6 the Texas Water Development Fund II, including payments by the
46-7 Texas Water Development Board under a bond enhancement agreement as
46-8 authorized by law with respect to principal of or interest on such
46-9 bonds, shall be paid out of such account, but the money in such
46-10 account that is not immediately committed to the purposes of such
46-11 account or the payment of expenses may be invested as authorized by
46-12 law until the money is needed for those purposes. If there is not
46-13 enough money in any account available to pay the principal of and
46-14 interest on the general obligation bonds issued for such account,
46-15 including money to make payments by the Texas Water Development
46-16 Board under a bond enhancement agreement as authorized by law with
46-17 respect to principal of or interest on such bonds, there is
46-18 appropriated out of the first money coming into the state treasury
46-19 in each fiscal year not otherwise appropriated by this constitution
46-20 an amount that is sufficient to pay the principal of and interest
46-21 on such general obligation bonds that mature or become due during
46-22 that fiscal year or to make bond enhancement payments with respect
46-23 to those bonds.
46-24 (f) The general obligation bonds authorized by this section
46-25 may be issued as bonds, notes, or other obligations as permitted by
46-26 law and shall be sold in forms and denominations, on terms, at
46-27 times, in the manner, at places, and in installments, all as
47-1 determined by the Texas Water Development Board. The bonds shall
47-2 bear a rate or rates of interest the Texas Water Development Board
47-3 determines. The bonds authorized by this section shall be
47-4 incontestable after execution by the Texas Water Development Board,
47-5 approval by the attorney general, and delivery to the purchaser or
47-6 purchasers of the bonds.
47-7 (g) This section being intended only to establish a basic
47-8 framework and not to be a comprehensive treatment of the Texas
47-9 Water Development Fund II, there is hereby reposed in the
47-10 legislature full power to implement and effectuate the design and
47-11 objects of this section, including the power to delegate such
47-12 duties, responsibilities, functions, and authority to the Texas
47-13 Water Development Board as it believes necessary.
47-14 (h) The Texas Water Development Fund II, including any
47-15 account in that fund, may not be used to finance or aid any project
47-16 that contemplates or results in the removal from the basin of
47-17 origin of any surface water necessary to supply the reasonably
47-18 foreseeable future water requirements for the next ensuing 50-year
47-19 period within the river basin of origin, except on a temporary,
47-20 interim basis.
47-21 SECTION 16. Section 49-e, Article III, Texas Constitution,
47-22 is amended to read as follows:
47-23 Sec. 49-e. (a) The Parks and Wildlife Department, or its
47-24 successor vested with the powers, duties, and authority which deals
47-25 with the operation, maintenance, and improvement of State Parks,
47-26 shall have the authority to provide for, issue and sell general
47-27 obligation bonds of the State of Texas in an amount authorized by
48-1 constitutional amendment or by a debt proposition under Section 49
48-2 of this article [not to exceed Seventy-Five Million Dollars
48-3 ($75,000,000)]. The bonds [authorized herein] shall be called
48-4 "Texas Park Development Bonds," shall be executed in such form,
48-5 denominations, and upon such terms as may be prescribed by law,
48-6 [provided, however, that the bonds] shall bear a rate or rates of
48-7 interest as may be fixed by the Parks and Wildlife Department or
48-8 its successor, not to exceed the maximum prescribed by Section 65
48-9 of this article, and [but the weighted average annual interest
48-10 rate, as that phrase is commonly and ordinarily used and understood
48-11 in the municipal bond market, of all the bonds issued and sold in
48-12 any installment of any bonds, shall not exceed four and one-half
48-13 percent (4 1/2%) interest per annum; they] may be issued in such
48-14 installments as said Parks and Wildlife Department, or its said
48-15 successor, finds feasible and practical in accomplishing the
48-16 purpose set forth herein.
48-17 (b) All moneys received from the sale of said bonds shall be
48-18 deposited in a fund hereby created with the Comptroller of Public
48-19 Accounts of the State of Texas to be known as the Texas Park
48-20 Development Fund to be administered (without further appropriation)
48-21 by the said Parks and Wildlife Department, or its said successor,
48-22 in such manner as prescribed by law.
48-23 (c) Such fund shall be used by said Parks and Wildlife
48-24 Department, or its said successor, under such provisions as the
48-25 Legislature may prescribe by general law, for the purposes of
48-26 acquiring lands from the United States, or any governmental agency
48-27 thereof, from any governmental agency of the State of Texas, or
49-1 from any person, firm, or corporation, for State Park Sites and for
49-2 developing said sites as State Parks.
49-3 (d) While any of the bonds [authorized by this provision],
49-4 or any interest on any such bonds, is outstanding and unpaid, there
49-5 is hereby appropriated out of the first moneys coming into the
49-6 Treasury in each fiscal year, not otherwise appropriated by this
49-7 Constitution, an amount which is sufficient to pay the principal
49-8 and interest on such bonds that mature or become due during such
49-9 fiscal year, less the amount in the interest and sinking fund at
49-10 the close of the prior fiscal year, which includes any receipts
49-11 derived during the prior fiscal year by said Parks and Wildlife
49-12 Department, or its said successor, from admission charges to State
49-13 Parks, as the Legislature may prescribe by general law.
49-14 (e) The Legislature may provide for the investment of moneys
49-15 available in the Texas Park Development Fund and the interest and
49-16 sinking fund established for the payment of bonds issued by said
49-17 Parks and Wildlife Department, or its said successor. Income from
49-18 such investment shall be used for the purposes prescribed by the
49-19 Legislature.
49-20 (f) From the moneys received by said Parks and Wildlife
49-21 Department, or its said successor, from the sale of the bonds
49-22 issued hereunder, there shall be deposited in the interest and
49-23 sinking fund for the bonds authorized by this section sufficient
49-24 moneys to pay the interest to become due during the State fiscal
49-25 year in which the bonds were issued. After all bonds have been
49-26 fully paid with interest, or after there are on deposit in the
49-27 interest and sinking fund sufficient moneys to pay all future
50-1 maturities of principal and interest, additional moneys received
50-2 from admission charges to State Parks shall be deposited to the
50-3 State Parks Fund, or any successor fund which may be established by
50-4 the Legislature as a depository for Park revenue earned by said
50-5 Parks and Wildlife Department, or its said successor.
50-6 (g) All bonds issued hereunder shall after approval by the
50-7 Attorney General, registration by the Comptroller of Public
50-8 Accounts of the State of Texas, and delivery to the purchasers, be
50-9 incontestable and shall constitute general obligations of the State
50-10 of Texas under the Constitution of Texas.
50-11 [Should the Legislature enact enabling laws in anticipation
50-12 of the adoption of this amendment, such Acts shall not be void by
50-13 reason of their anticipatory nature.]
50-14 SECTION 17. Section 49-h, Article III, Texas Constitution,
50-15 is amended to read as follows:
50-16 Sec. 49-h. (a) In amounts authorized by constitutional
50-17 amendment or by a debt proposition under Section 49 of this
50-18 article, the [The] legislature may provide for [authorize] the
50-19 issuance of [up to $500 million in] general obligation bonds and
50-20 the use of the bond proceeds for acquiring, constructing, or
50-21 equipping new facilities or for major repair or renovation of
50-22 existing facilities of corrections institutions, including youth
50-23 corrections institutions, and mental health and mental retardation
50-24 institutions. The legislature may require the review and approval
50-25 of the issuance of the bonds and the projects to be financed by the
50-26 bond proceeds. Notwithstanding any other provision of this
50-27 constitution, the issuer of the bonds or any entity created or
51-1 directed to review and approve projects may include members or
51-2 appointees of members of the executive, legislative, and judicial
51-3 departments of state government.
51-4 (b) Bonds issued under this section constitute a general
51-5 obligation of the state. While any of the bonds or interest on the
51-6 bonds is outstanding and unpaid, there is appropriated out of the
51-7 first money coming into the treasury in each fiscal year, not
51-8 otherwise appropriated by this constitution, the amount sufficient
51-9 to pay the principal of and interest on the bonds that mature or
51-10 become due during the fiscal year, less any amount in any sinking
51-11 fund at the end of the preceding fiscal year that is pledged to
51-12 payment of the bonds or interest.
51-13 (c) In addition to the purposes authorized under Subsection
51-14 (a), the [(1) The] legislature may authorize the issuance of the
51-15 [up to $400 million in] general obligation bonds[, in addition to
51-16 the amount authorized by Subsection (a) of this section, and use
51-17 the proceeds of the bonds] for acquiring, constructing, or
51-18 equipping:
51-19 (1) new [corrections institutions, mental health and
51-20 mental retardation institutions, youth corrections institutions,
51-21 and] statewide law enforcement facilities and for major repair or
51-22 renovation of existing facilities; and [of those institutions.]
51-23 [(2) The provisions of Subsection (a) of this section
51-24 relating to the review and approval of bonds and the provisions of
51-25 Subsection (b) of this section relating to the status of the bonds
51-26 as a general obligation of the state and to the manner in which the
51-27 principal and interest on the bonds are paid apply to bonds
52-1 authorized under this subsection.]
52-2 [(d)(1) The legislature may authorize the issuance of up to
52-3 $1.1 billion in general obligation bonds, in addition to the amount
52-4 authorized by Subsections (a) and (c) of this section, and may use
52-5 the proceeds of the bonds for acquiring, constructing, or
52-6 equipping]
52-7 (2) new prisons and substance abuse felony punishment
52-8 facilities to confine criminals[, mental health and mental
52-9 retardation institutions,] and [youth corrections institutions,
52-10 for] major repair or renovation of existing facilities of those
52-11 institutions, and for the acquisition of, major repair to, or
52-12 renovation of other facilities for use as state prisons or
52-13 substance abuse felony punishment facilities. [Proceeds of general
52-14 obligation bonds issued under this subdivision may not be
52-15 appropriated by any session of the legislature other than the 2nd
52-16 Called Session of the 72nd Legislature or any subsequent session of
52-17 the legislature.]
52-18 [(2) The provisions of Subsection (a) of this section
52-19 relating to the review and approval of bonds and the provisions of
52-20 Subsection (b) of this section relating to the status of the bonds
52-21 as a general obligation of the state and to the manner in which the
52-22 principal and interest on the bonds are paid apply to bonds
52-23 authorized under this subsection.]
52-24 [(e)(1) The legislature may authorize the issuance of up to
52-25 $1 billion in general obligation bonds, in addition to the amounts
52-26 authorized by Subsections (a), (c), and (d) of this section, and
52-27 use the proceeds of the bonds for acquiring, constructing, or
53-1 equipping new corrections institutions, including youth corrections
53-2 institutions, and mental health and mental retardation institutions
53-3 and for major repair or renovation of existing facilities of those
53-4 corrections and mental health and mental retardation institutions.]
53-5 [(2) The provisions of Subsection (a) of this section
53-6 relating to the review and approval of bonds and the provisions of
53-7 Subsection (b) of this section relating to the status of the bonds
53-8 as a general obligation of the state and to the manner in which the
53-9 principal and interest on the bonds are paid apply to bonds
53-10 authorized under this subsection.]
53-11 SECTION 18. Subsection (a), Section 50b-4, Article III,
53-12 Texas Constitution, is amended to read as follows:
53-13 (a) The legislature by general law may authorize the Texas
53-14 Higher Education Coordinating Board or its successor or successors
53-15 to issue and sell general obligation bonds of the State of Texas in
53-16 an amount authorized by constitutional amendment or by a debt
53-17 proposition under Section 49 of this article [not to exceed $300
53-18 million] to finance educational loans to students who have been
53-19 admitted to attend an institution of higher education within the
53-20 State of Texas, public or private, which is recognized or
53-21 accredited under terms and conditions prescribed by the
53-22 Legislature. [The bonds are in addition to those bonds issued
53-23 under Sections 50b, 50b-1, 50b-2, and 50b-3, Article III, Texas
53-24 Constitution.]
53-25 SECTION 19. Section 51, Article III, Texas Constitution, is
53-26 amended to read as follows:
53-27 Sec. 51. The Legislature shall have no power to make any
54-1 grant or authorize the making of any grant of public moneys to any
54-2 individual, association of individuals, municipal or other
54-3 corporations whatsoever; [provided, however, the Legislature may
54-4 grant aid to indigent and disabled Confederate soldiers and sailors
54-5 under such regulations and limitations as may be deemed by the
54-6 Legislature as expedient, and to their widows in indigent
54-7 circumstances under such regulations and limitations as may be
54-8 deemed by the Legislature as expedient;] provided that the
54-9 provisions of this Section shall not be construed so as to prevent
54-10 the grant of aid in cases of public calamity.
54-11 SECTION 20. Section 51-a, Article III, Texas Constitution,
54-12 is amended to read as follows:
54-13 Sec. 51-a. (a) The Legislature shall have the power, by
54-14 General Laws, to provide, subject to limitations herein contained,
54-15 and such other limitations, restrictions and regulations as may by
54-16 the Legislature be deemed expedient, for assistance grants to needy
54-17 dependent children and the caretakers of such children, needy
54-18 persons who are totally and permanently disabled because of a
54-19 mental or physical handicap, needy aged persons and needy blind
54-20 persons.
54-21 (b) The Legislature may provide by General Law for medical
54-22 care, rehabilitation and other similar services for needy persons.
54-23 The Legislature may prescribe such other eligibility requirements
54-24 for participation in these programs as it deems appropriate and may
54-25 make appropriations out of state funds for such purposes. The
54-26 maximum amount paid out of state funds for assistance grants, to or
54-27 on behalf of needy dependent children and their caretakers shall
55-1 not exceed [the amount of Eighty Million Dollars ($80,000,000)
55-2 during any fiscal year, except that the limit shall be One Hundred
55-3 Sixty Million Dollars ($160,000,000) for the two years of the
55-4 1982-1983 biennium. For the two years of each subsequent biennium,
55-5 the maximum amount shall not exceed] one percent of the state
55-6 budget. The Legislature by general statute shall provide for the
55-7 means for determining the state budget amounts, including state and
55-8 other funds appropriated by the Legislature, to be used in
55-9 establishing the biennial limit.
55-10 (c) Provided further, that if the limitations and
55-11 restrictions herein contained are found to be in conflict with the
55-12 provisions of appropriate federal statutes, as they now are or as
55-13 they may be amended to the extent that federal matching money is
55-14 not available to the state for these purposes, then and in that
55-15 event the Legislature is specifically authorized and empowered to
55-16 prescribe such limitations and restrictions and enact such laws as
55-17 may be necessary in order that such federal matching money will be
55-18 available for assistance and/or medical care for or on behalf of
55-19 needy persons.
55-20 (d) Nothing in this Section shall be construed to amend,
55-21 modify or repeal Section 31 of Article XVI of this Constitution;
55-22 provided further, however, that such medical care, services or
55-23 assistance shall also include the employment of objective or
55-24 subjective means, without the use of drugs, for the purpose of
55-25 ascertaining and measuring the powers of vision of the human eye,
55-26 and fitting lenses or prisms to correct or remedy any defect or
55-27 abnormal condition of vision. Nothing herein shall be construed to
56-1 permit optometrists to treat the eyes for any defect whatsoever in
56-2 any manner nor to administer nor to prescribe any drug or physical
56-3 treatment whatsoever, unless such optometrist is a regularly
56-4 licensed physician or surgeon under the laws of this state.
56-5 SECTION 21. Subsections (b) and (c), Section 52, Article
56-6 III, Texas Constitution, are amended to read as follows:
56-7 (b) Under Legislative provision, any county, [any] political
56-8 subdivision of a county, [any] number of adjoining counties, [or
56-9 any] political subdivision of the State, or [any] defined district
56-10 now or hereafter to be described and defined within the State of
56-11 Texas, and which may or may not include, towns, villages or
56-12 municipal corporations, upon a vote of two-thirds majority of the
56-13 [resident property taxpayers] voting [thereon who are] qualified
56-14 voters [electors] of such district or territory to be affected
56-15 thereby, [in addition to all other debts,] may issue bonds or
56-16 otherwise lend its credit in any amount not to exceed one-fourth of
56-17 the assessed valuation of the real property of such district or
56-18 territory, except that the total bonded indebtedness of any city or
56-19 town shall never exceed the limits imposed by other provisions of
56-20 this Constitution, and levy and collect taxes to pay the interest
56-21 thereon and provide a sinking fund for the redemption thereof, as
56-22 the Legislature may authorize, and in such manner as it may
56-23 authorize the same, for the following purposes to wit:
56-24 (1) The improvement of rivers, creeks, and streams to
56-25 prevent overflows, and to permit of navigation thereof, or
56-26 irrigation thereof, or in aid of such purposes.
56-27 (2) The construction and maintenance of pools, lakes,
57-1 reservoirs, dams, canals and waterways for the purposes of
57-2 irrigation, drainage or navigation, or in aid thereof.
57-3 (3) The construction, maintenance and operation of
57-4 macadamized, graveled or paved roads and turnpikes, or in aid
57-5 thereof.
57-6 (c) Notwithstanding the provisions of Subsection (b) of this
57-7 Section, bonds may be issued by any county in an amount not to
57-8 exceed one-fourth of the assessed valuation of the real property in
57-9 the county, for the construction, maintenance, and operation of
57-10 macadamized, graveled, or paved roads and turnpikes, or in aid
57-11 thereof, upon a vote of a majority of the [resident property
57-12 taxpayers] voting [thereon who are] qualified voters [electors] of
57-13 the county, and without the necessity of further or amendatory
57-14 legislation. The county may levy and collect taxes to pay the
57-15 interest on the bonds as it becomes due and to provide a sinking
57-16 fund for redemption of the bonds.
57-17 SECTION 22. Section 52d, Article III, Texas Constitution, is
57-18 amended to read as follows:
57-19 Sec. 52d. (a) Upon the vote of a majority of the [resident]
57-20 qualified voters [electors owning rendered taxable property
57-21 therein] so authorizing, a county or road district may collect an
57-22 annual tax for a period not exceeding five (5) years to create a
57-23 fund for constructing lasting and permanent roads and bridges or
57-24 both. No contract involving the expenditure of any of such fund
57-25 shall be valid unless, when it is made, money shall be on hand in
57-26 such fund.
57-27 (b) At such election, the Commissioners' Court shall submit
58-1 for adoption a road plan and designate the amount of special tax to
58-2 be levied; the number of years said tax is to be levied; the
58-3 location, description, and character of the roads and bridges; and
58-4 the estimated cost thereof. The funds raised by such taxes shall
58-5 not be used for purposes other than those specified in the plan
58-6 submitted to the voters. Elections may be held from time to time
58-7 to extend or discontinue said plan or to increase or diminish said
58-8 tax. The Legislature shall enact laws prescribing the procedure
58-9 hereunder.
58-10 (c) The provisions of this section shall apply only to
58-11 Harris County and road districts therein.
58-12 SECTION 23. Section 52g, Article III, Texas Constitution, is
58-13 amended to read as follows:
58-14 Sec. 52g. Bonds to be issued by Dallas County under Section
58-15 52(b)(3) [52] of Article III of this Constitution [for the
58-16 construction, maintenance and operation of macadamized, graveled or
58-17 paved roads and turnpikes, or in aid thereof,] may, without the
58-18 necessity of further or amendatory legislation, be issued upon a
58-19 vote of a majority of the [residents] voting [thereon who are]
58-20 qualified voters [electors] of said county, and bonds heretofore or
58-21 hereafter issued under Subsections (a) and (b) of said Section 52
58-22 shall not be included in determining the debt limit prescribed in
58-23 said Section.
58-24 SECTION 24. Section 7, Article IV, Texas Constitution, is
58-25 amended to read as follows:
58-26 Sec. 7. He shall be Commander-in-Chief of the military
58-27 forces of the State, except when they are called into actual
59-1 service of the United States. He shall have power to call forth
59-2 the militia to execute the laws of the State, to suppress
59-3 insurrections, and to repel invasions[, and protect the frontier
59-4 from hostile incursions by Indians or other predatory bands].
59-5 SECTION 25. Section 16, Article IV, Texas Constitution, is
59-6 amended to read as follows:
59-7 Sec. 16. There shall also be a Lieutenant Governor, who
59-8 shall be chosen at every election for Governor by the same voters
59-9 [electors], in the same manner, continue in office for the same
59-10 time, and possess the same qualifications. The voters [electors]
59-11 shall distinguish for whom they vote as Governor and for whom as
59-12 Lieutenant Governor. The Lieutenant Governor, shall by virtue of
59-13 his office, be President of the Senate, and shall have, when in
59-14 Committee of the Whole, a right to debate and vote on all
59-15 questions; and when the Senate is equally divided to give the
59-16 casting vote. In case of the death, resignation, removal from
59-17 office, inability or refusal of the Governor to serve, or of his
59-18 impeachment or absence from the State, the Lieutenant Governor
59-19 shall exercise the powers and authority appertaining to the office
59-20 of Governor until another be chosen at the periodical election, and
59-21 be duly qualified; or until the Governor impeached, absent or
59-22 disabled, shall be acquitted, return, or his disability be removed.
59-23 SECTION 26. Section 22, Article IV, Texas Constitution, is
59-24 amended to read as follows:
59-25 Sec. 22. The Attorney General [elected at the general
59-26 election in 1974, and thereafter, shall hold office for four years
59-27 and until his successor is duly qualified. He] shall represent the
60-1 State in all suits and pleas in the Supreme Court of the State in
60-2 which the State may be a party, and shall especially inquire into
60-3 the charter rights of all private corporations, and from time to
60-4 time, in the name of the State, take such action in the courts as
60-5 may be proper and necessary to prevent any private corporation from
60-6 exercising any power or demanding or collecting any species of
60-7 taxes, tolls, freight or wharfage not authorized by law. He shall,
60-8 whenever sufficient cause exists, seek a judicial forfeiture of
60-9 such charters, unless otherwise expressly directed by law, and give
60-10 legal advice in writing to the Governor and other executive
60-11 officers, when requested by them, and perform such other duties as
60-12 may be required by law. [He shall reside at the seat of government
60-13 during his continuance in office. He shall receive for his
60-14 services an annual salary in an amount to be fixed by the
60-15 Legislature.]
60-16 SECTION 27. Section 23, Article IV, Texas Constitution, is
60-17 amended to read as follows:
60-18 Sec. 23. The Comptroller of Public Accounts, the
60-19 Commissioner of the General Land Office, the Attorney General, and
60-20 any statutory State officer who is elected by the electorate of
60-21 Texas at large, unless a term of office is otherwise specifically
60-22 provided in this Constitution, shall each hold office for the term
60-23 of four years [and until his successor is qualified. The four-year
60-24 term applies to these officers who are elected at the general
60-25 election in 1974 or thereafter]. Each shall receive an annual
60-26 salary in an amount to be fixed by the Legislature; reside at the
60-27 Capital of the State during his continuance in office, and perform
61-1 such duties as are or may be required by law. They and the
61-2 Secretary of State shall not receive to their own use any fees,
61-3 costs or perquisites of office. All fees that may be payable by
61-4 law for any service performed by any officer specified in this
61-5 section or in his office, shall be paid, when received, into the
61-6 State Treasury.
61-7 SECTION 28. Section 9, Article V, Texas Constitution, is
61-8 amended to read as follows:
61-9 Sec. 9. There shall be a Clerk for the District Court of
61-10 each county, who shall be elected by the qualified voters [for
61-11 State and county officers,] and who shall hold his office for four
61-12 years, subject to removal by information, or by indictment of a
61-13 grand jury, and conviction of a petit jury. In case of vacancy,
61-14 the Judge of the District Court shall have the power to appoint a
61-15 Clerk, who shall hold until the office can be filled by election.
61-16 SECTION 29. Section 2, Article VI, Texas Constitution, is
61-17 amended to read as follows:
61-18 Sec. 2. Every person subject to none of the foregoing
61-19 disqualifications [who shall have attained the age of 18 years and]
61-20 who shall be a citizen of the United States and who is a resident
61-21 of this state shall be deemed a qualified voter [elector];
61-22 provided, however, that before offering to vote at an election a
61-23 voter shall have registered, but such requirement for registration
61-24 shall not be considered a qualification of a voter [an elector]
61-25 within the meaning of the term "qualified voter [elector]" as used
61-26 in any other Article of this Constitution in respect to any matter
61-27 except qualification and eligibility to vote at an election. The
62-1 Legislature may authorize absentee voting.
62-2 SECTION 30. Subsections (a) and (b), Section 2a, Article VI,
62-3 Texas Constitution, are amended to read as follows:
62-4 (a) Notwithstanding any other provision of this
62-5 Constitution, the Legislature may enact laws and provide a method
62-6 of registration, including the time of such registration,
62-7 permitting any person who is qualified to vote in this State except
62-8 for the residence requirements within a county or district, as set
62-9 forth in Section 2 of this Article, to vote for (1) electors for
62-10 President and Vice President of the United States and (2) all
62-11 offices, questions or propositions to be voted on by all voters
62-12 [electors] throughout this State.
62-13 (b) Notwithstanding any other provision of this
62-14 Constitution, the Legislature may enact laws and provide for a
62-15 method of registration, including the time for such registration,
62-16 permitting any person (1) who is qualified to vote in this State
62-17 except for the residence requirements of Section 2 of this Article,
62-18 and (2) who shall have resided anywhere within this State at least
62-19 thirty (30) days next preceding a General Election in a
62-20 presidential election year, and (3) who shall have been a qualified
62-21 voter [elector] in another state immediately prior to his removal
62-22 to this State or would have been eligible to vote in such other
62-23 state had he remained there until such election, to vote for
62-24 electors for President and Vice President of the United States in
62-25 that election.
62-26 SECTION 31. Section 3, Article VI, Texas Constitution, is
62-27 amended to read as follows:
63-1 Sec. 3. All qualified voters [electors] of the State, as
63-2 herein described, who reside within the limits of any city or
63-3 corporate town, shall have the right to vote for Mayor and all
63-4 other elective officers.
63-5 SECTION 32. Section 3a, Article VI, Texas Constitution, is
63-6 amended to read as follows:
63-7 Sec. 3a. When an election is held by any county, or any
63-8 number of counties, or any political sub-division of the State, or
63-9 any political sub-division of a county, or any defined district now
63-10 or hereafter to be described and defined within the State and which
63-11 may or may not include towns, villages or municipal corporations,
63-12 or any city, town or village, for the purpose of issuing bonds or
63-13 otherwise lending credit, or expending money or assuming any debt,
63-14 only qualified voters of [electors who own taxable property in] the
63-15 State, county, political sub-division, district, city, town or
63-16 village where such election is held[, and who have duly rendered
63-17 the same for taxation,] shall be qualified to vote [and all
63-18 electors shall vote in the election precinct of their residence].
63-19 SECTION 33. Section 3, Article VII, Texas Constitution, is
63-20 amended to read as follows:
63-21 Sec. 3. (a) One-fourth of the revenue derived from the
63-22 State occupation taxes [and poll tax of one dollar on every
63-23 inhabitant of the State, between the ages of twenty-one and sixty
63-24 years,] shall be set apart annually for the benefit of the public
63-25 free schools.
63-26 (b) It[; and in addition thereto, there shall be levied and
63-27 collected an annual ad valorem State tax of such an amount not to
64-1 exceed thirty-five cents on the one hundred ($100.00) dollars
64-2 valuation, as with the available school fund arising from all other
64-3 sources, will be sufficient to maintain and support the public
64-4 schools of this State for a period of not less than six months in
64-5 each year, and it] shall be the duty of the State Board of
64-6 Education to set aside a sufficient amount of available funds [out
64-7 of the said tax] to provide free text books for the use of children
64-8 attending the public free schools of this State.
64-9 (c) Should[; provided, however, that should] the [limit of]
64-10 taxation herein named be insufficient the deficit may be met by
64-11 appropriation from the general funds of the State. [and the]
64-12 (d) The Legislature may [also] provide for the formation of
64-13 school districts [district] by general laws,[;] and all such school
64-14 districts may embrace parts of two or more counties.
64-15 (e) The[, and the] Legislature shall be authorized to pass
64-16 laws for the assessment and collection of taxes in all school
64-17 [said] districts and for the management and control of the public
64-18 school or schools of such districts, whether such districts are
64-19 composed of territory wholly within a county or in parts of two or
64-20 more counties, and the Legislature may authorize an additional ad
64-21 valorem tax to be levied and collected within all school districts
64-22 [heretofore formed or hereafter formed,] for the further
64-23 maintenance of public free schools, and for the erection and
64-24 equipment of school buildings therein; provided that a majority of
64-25 the qualified [property taxpaying] voters of the district voting at
64-26 an election to be held for that purpose, shall approve the [vote
64-27 such] tax [not to exceed in any one year one ($1.00) dollar on the
65-1 one hundred dollars valuation of the property subject to taxation
65-2 in such district, but the limitation upon the amount of school
65-3 district tax herein authorized shall not apply to incorporated
65-4 cities or towns constituting separate and independent school
65-5 districts, nor to independent or common school districts created by
65-6 general or special law].
65-7 SECTION 34. Section 1-a, Article VIII, Texas Constitution,
65-8 is amended to read as follows:
65-9 Sec. 1-a. No [From and after January 1, 1951, no] State ad
65-10 valorem tax shall be levied upon any property within this State
65-11 [for general revenue purposes]. The [From and after January 1,
65-12 1951, the] several counties of the State are authorized to levy ad
65-13 valorem taxes upon all property within their respective boundaries
65-14 for county purposes, except the first Three Thousand Dollars
65-15 ($3,000) value of residential homesteads of married or unmarried
65-16 adults, male or female, including those living alone, not to exceed
65-17 thirty cents (30 ) on each One Hundred Dollars ($100) valuation, in
65-18 addition to all other ad valorem taxes authorized by the
65-19 Constitution of this State, provided the revenue derived therefrom
65-20 shall be used for construction and maintenance of Farm to Market
65-21 Roads or for Flood Control, except as herein otherwise provided.
65-22 [Provided that in those counties or political subdivisions or
65-23 areas of the State from which tax donations have heretofore been
65-24 granted, the State Automatic Tax Board shall continue to levy the
65-25 full amount of the State ad valorem tax for the duration of such
65-26 donation, or until all legal obligations heretofore authorized by
65-27 the law granting such donation or donations shall have been fully
66-1 discharged, whichever shall first occur; provided that if such
66-2 donation to any such county or political subdivision is for less
66-3 than the full amount of State ad valorem taxes so levied, the
66-4 portion of such taxes remaining over and above such donation shall
66-5 be retained by said county or subdivision.]
66-6 SECTION 35. Subsection (b), Section 1-b, Article VIII, Texas
66-7 Constitution, is amended to read as follows:
66-8 (b) The governing body of any county, city, town, school
66-9 district, or other political subdivision of the State[, other than
66-10 a county education district,] may exempt by its own action not less
66-11 than Three Thousand Dollars ($3,000) of the market value of
66-12 residence homesteads of persons, married or unmarried, including
66-13 those living alone, who are under a disability for purposes of
66-14 payment of disability insurance benefits under Federal Old-Age,
66-15 Survivors, and Disability Insurance or its successor or of married
66-16 or unmarried persons sixty-five (65) years of age or older,
66-17 including those living alone, from all ad valorem taxes thereafter
66-18 levied by the political subdivision. As an alternative, upon
66-19 receipt of a petition signed by twenty percent (20%) of the voters
66-20 who voted in the last preceding election held by the political
66-21 subdivision, the governing body of the subdivision shall call an
66-22 election to determine by majority vote whether an amount not less
66-23 than Three Thousand Dollars ($3,000) as provided in the petition,
66-24 of the market value of residence homesteads of disabled persons or
66-25 of persons sixty-five (65) years of age or over shall be exempt
66-26 from ad valorem taxes thereafter levied by the political
66-27 subdivision. [In the manner provided by law, the voters of a
67-1 county education district at an election held for that purpose may
67-2 exempt an amount not less than Three Thousand Dollars ($3,000), as
67-3 provided in the petition, of the market value of residence
67-4 homesteads of disabled persons or of persons sixty-five (65) years
67-5 of age or over from ad valorem taxes thereafter levied by the
67-6 county education district.] An eligible disabled person who is
67-7 sixty-five (65) years of age or older may not receive both
67-8 exemptions from the same political subdivision in the same year but
67-9 may choose either if the subdivision has adopted both. Where any
67-10 ad valorem tax has theretofore been pledged for the payment of any
67-11 debt, the taxing officers of the political subdivision shall have
67-12 authority to continue to levy and collect the tax against the
67-13 homestead property at the same rate as the tax so pledged until the
67-14 debt is discharged, if the cessation of the levy would impair the
67-15 obligation of the contract by which the debt was created. [An
67-16 exemption adopted under this subsection based on assessed value is
67-17 increased, effective January 1, 1979, to an amount that, when
67-18 converted to market value, provides the same reduction in taxes,
67-19 except that the market value exemption shall be rounded to the
67-20 nearest $100.]
67-21 SECTION 36. Subsection (b), Section 1-j, Article VIII, Texas
67-22 Constitution, is amended to read as follows:
67-23 (b) [Tangible personal property exempted from taxation in
67-24 Subsection (a) of this section is subject to the following:]
67-25 [(1) A county, common, or independent school district,
67-26 junior college district, or municipality, including a home-rule
67-27 city, may tax such property otherwise exempt, if the governing body
68-1 of the county, common, or independent school district, junior
68-2 college district, or municipality takes official action as provided
68-3 in this section and in the manner provided by law to provide for
68-4 the taxation of such property.]
68-5 [(2) Any official action to tax such exempt property
68-6 must be taken before April 1, 1990. If official action is taken to
68-7 tax such exempt property before January 1, 1990, such property is
68-8 taxable effective for the tax year 1990. However, if such official
68-9 action to tax such exempt property is taken prior to April 1, 1990,
68-10 but after January 1, 1990, the official action shall not become
68-11 effective to tax such property until the 1991 tax year.]
68-12 [(3) Any of the above-named political subdivisions
68-13 shall have the authority to exempt from payment of taxation such
68-14 property located in such above-named political subdivisions for the
68-15 taxing year 1989. If a governing body exempts the property from
68-16 1989 taxes, the governing body shall waive 1989 taxes already
68-17 imposed and refund 1989 taxes already paid on such property for
68-18 that year.]
68-19 [(4)] The governing body of a county, common, or
68-20 independent school district, junior college district, or
68-21 municipality that, acting under previous constitutional authority,
68-22 taxes [acts under Subdivision (2) of Subsection (b) of this section
68-23 to tax the] property otherwise exempt by Subsection (a) of this
68-24 section may subsequently exempt the property from taxation by
68-25 rescinding its action to tax the property. The exemption applies
68-26 to each tax year that begins after the date the action is taken and
68-27 applies to the tax year in which the action is taken if the
69-1 governing body so provides. A governing body that rescinds its
69-2 action to tax the property may not take action to tax such property
69-3 after the rescission.
69-4 SECTION 37. Section 6, Article VIII, Texas Constitution, is
69-5 amended to read as follows:
69-6 Sec. 6. No money shall be drawn from the Treasury but in
69-7 pursuance of specific appropriations made by law; nor shall any
69-8 appropriation of money be made for a longer term than two years[,
69-9 except by the first Legislature to assemble under this
69-10 Constitution, which may make the necessary appropriations to carry
69-11 on the government until the assemblage of the sixteenth
69-12 Legislature].
69-13 SECTION 38. Section 9, Article VIII, Texas Constitution, is
69-14 amended to read as follows:
69-15 Sec. 9. (a) No [The State tax on property, exclusive of the
69-16 tax necessary to pay the public debt, and of the taxes provided for
69-17 the benefit of the public free schools, shall never exceed
69-18 Thirty-five Cents (35 ) on the One Hundred Dollars ($100)
69-19 valuation; and no] county, city or town shall levy a tax rate in
69-20 excess of Eighty Cents (80 ) on the One Hundred Dollars ($100)
69-21 valuation in any one (1) year for general fund, permanent
69-22 improvement fund, road and bridge fund and jury fund purposes.
69-23 (b) At[; provided further that at] the time the
69-24 Commissioners Court meets to levy the annual tax rate for each
69-25 county it shall levy whatever tax rate may be needed for the four
69-26 (4) constitutional purposes; namely, general fund, permanent
69-27 improvement fund, road and bridge fund and jury fund so long as the
70-1 Court does not impair any outstanding bonds or other obligations
70-2 and so long as the total of the foregoing tax levies does not
70-3 exceed Eighty Cents (80 ) on the One Hundred Dollars ($100)
70-4 valuation in any one (1) year. Once the Court has levied the
70-5 annual tax rate, the same shall remain in force and effect during
70-6 that taxable year.
70-7 (c) The[; and the] Legislature may [also] authorize an
70-8 additional annual ad valorem tax to be levied and collected for the
70-9 further maintenance of the public roads; provided, that a majority
70-10 of the qualified [property taxpaying] voters of the county voting
70-11 at an election to be held for that purpose shall approve the [vote
70-12 such] tax, not to exceed Fifteen Cents (15 ) on the One Hundred
70-13 Dollars ($100) valuation of the property subject to taxation in
70-14 such county.
70-15 (d) Any county may put all tax money collected by the county
70-16 into one general fund, without regard to the purpose or source of
70-17 each tax.
70-18 (e) The [And the] Legislature may pass local laws for the
70-19 maintenance of the public roads and highways, without the local
70-20 notice required for special or local laws.
70-21 (f) This Section shall not be construed as a limitation of
70-22 powers delegated to counties, cities or towns by any other Section
70-23 or Sections of this Constitution.
70-24 SECTION 39. Section 16a, Article VIII, Texas Constitution,
70-25 is amended to read as follows:
70-26 Sec. 16a. In any county having a population of less than ten
70-27 thousand (10,000) inhabitants, as determined by the last preceding
71-1 census of the United States, the Commissioners Court may submit to
71-2 the qualified [property taxpaying] voters of such county at an
71-3 election the question of adding an Assessor-Collector of Taxes to
71-4 the list of authorized county officials. If a majority of such
71-5 voters voting in such election shall approve of adding an
71-6 Assessor-Collector of Taxes to such list, then such official shall
71-7 be elected at the next General Election for such Constitutional
71-8 term of office as is provided for other Tax Assessor-Collectors in
71-9 this State.
71-10 SECTION 40. Section 20, Article VIII, Texas Constitution, is
71-11 amended to read as follows:
71-12 Sec. 20. No property of any kind in this State shall ever be
71-13 assessed for ad valorem taxes at a greater value than its fair cash
71-14 market value nor shall any Board of Equalization of any
71-15 governmental or political subdivision or taxing district within
71-16 this State fix the value of any property for tax purposes at more
71-17 than its fair cash market value; provided that in order to
71-18 encourage the prompt payment of taxes, the Legislature shall have
71-19 the power to provide that the taxpayer shall be allowed by the
71-20 State and all governmental and political subdivisions and taxing
71-21 districts of the State a three per cent (3%) discount on ad valorem
71-22 taxes due the State or due any governmental or political
71-23 subdivision or taxing district of the State if such taxes are paid
71-24 ninety (90) days before the date when they would otherwise become
71-25 delinquent; and the taxpayer shall be allowed a two per cent (2%)
71-26 discount on said taxes if paid sixty (60) days before said taxes
71-27 would become delinquent; and the taxpayer shall be allowed a one
72-1 per cent (1%) discount if said taxes are paid thirty (30) days
72-2 before they would otherwise become delinquent. [This amendment
72-3 shall be effective January 1, 1939.] The Legislature shall pass
72-4 necessary laws for the proper administration of this Section.
72-5 SECTION 41. Section 1, Article IX, Texas Constitution, is
72-6 amended to read as follows:
72-7 Sec. 1. The Legislature shall have power to create counties
72-8 for the convenience of the people subject to the following
72-9 provisions:
72-10 [First. In the territory of the State exterior to all
72-11 counties now existing, no new counties shall be created with a less
72-12 area than nine hundred square miles, in a square form, unless
72-13 prevented by pre-existing boundary lines. Should the State lines
72-14 render this impracticable in border counties, the area may be less.
72-15 The territory referred to may, at any time, in whole or in part, be
72-16 divided into counties in advance of population and attached, for
72-17 judicial and land surveying purposes, to the most convenient
72-18 organized county or counties.]
72-19 (1) [Second.] Within the territory of any county or
72-20 counties [now existing], no new county shall be created with a less
72-21 area than seven hundred square miles, nor shall any such county now
72-22 existing be reduced to a less area than seven hundred square miles.
72-23 No new counties shall be created so as to approach nearer than
72-24 twelve miles of the county seat of any county from which it may in
72-25 whole or in part be taken. Counties of a less area than nine
72-26 hundred, but of seven hundred or more square miles, within counties
72-27 now existing, may be created by a two-thirds vote of each House of
73-1 the Legislature, taken by yeas and nays and entered on the
73-2 journals. Any county now existing may be reduced to an area of not
73-3 less than seven hundred square miles by a like two-thirds vote.
73-4 When any part of a county is stricken off and attached to, or
73-5 created into another county, the part stricken off shall be holden
73-6 for and obliged to pay its proportion of all the liabilities then
73-7 existing, of the county from which it was taken, in such manner as
73-8 may be prescribed by law.
73-9 (2) [Third.] No part of any existing county shall be
73-10 detached from it and attached to another existing county until the
73-11 proposition for such change shall have been submitted, in such
73-12 manner as may be provided by law, to a vote of the voters
73-13 [electors] of both counties, and shall have received a majority of
73-14 those voting on the question in each.
73-15 SECTION 42. Section 2, Article IX, Texas Constitution, is
73-16 amended to read as follows:
73-17 Sec. 2. The Legislature shall pass laws regulating the
73-18 manner of removing county seats, but no county seat situated within
73-19 five miles of the geographical centre of the county shall be
73-20 removed, except by a vote of two-thirds of all the voters
73-21 [electors] voting on the subject. A majority of such voters
73-22 [electors], however, voting at such election, may remove a county
73-23 seat from a point more than five miles from the geographical centre
73-24 of the county to a point within five miles of such centre, in
73-25 either case the centre to be determined by a certificate from the
73-26 Commissioner of the General Land Office.
73-27 SECTION 43. Section 4, Article IX, Texas Constitution, is
74-1 amended to read as follows:
74-2 Sec. 4. The Legislature may by law authorize the creation of
74-3 county-wide Hospital Districts in counties having a population in
74-4 excess of 190,000 and in Galveston County, with power to issue
74-5 bonds for the purchase, acquisition, construction, maintenance and
74-6 operation of any county owned hospital, or where the hospital
74-7 system is jointly operated by a county and city within the county,
74-8 and to provide for the transfer to the county-wide Hospital
74-9 District of the title to any land, buildings or equipment, jointly
74-10 or separately owned, and for the assumption by the district of any
74-11 outstanding bonded indebtedness theretofore issued by any county or
74-12 city for the establishment of hospitals or hospital facilities; to
74-13 levy a tax not to exceed seventy-five ($.75) cents on the One
74-14 Hundred ($100.00) Dollars valuation of all taxable property within
74-15 such district, provided, however, that such district shall be
74-16 approved at an election held for that purpose, and that only
74-17 qualified [, property taxpaying] voters in such county shall vote
74-18 therein; provided further, that such Hospital District shall assume
74-19 full responsibility for providing medical and hospital care to
74-20 needy inhabitants of the county, and thereafter such county and
74-21 cities therein shall not levy any other tax for hospital purposes;
74-22 and provided further that should such Hospital District construct,
74-23 maintain and support a hospital or hospital system, that the same
74-24 shall never become a charge against the State of Texas, nor shall
74-25 any direct appropriation ever be made by the Legislature for the
74-26 construction, maintenance or improvement of the said hospital or
74-27 hospitals. [Should the Legislature enact enabling laws in
75-1 anticipation of the adoption of this amendment, such Acts shall not
75-2 be invalid because of their anticipatory character.]
75-3 SECTION 44. Subsections (a), (c), and (e), Section 5,
75-4 Article IX, Texas Constitution, are amended to read as follows:
75-5 (a) The Legislature may by law authorize the creation of two
75-6 hospital districts, one to be coextensive with and have the same
75-7 boundaries as the incorporated City of Amarillo, as such boundaries
75-8 now exist or as they may hereafter be lawfully extended, and the
75-9 other to be coextensive with Wichita County.
75-10 If such district or districts are created, they may be
75-11 authorized to levy a tax not to exceed Seventy-five Cents (75 ) on
75-12 the One Hundred Dollars ($100.00) valuation of taxable property
75-13 within the district; provided, however, no tax may be levied until
75-14 approved by a majority vote of the participating resident qualified
75-15 [property taxpaying] voters [who have duly rendered their property
75-16 for taxation]. The maximum rate of tax may be changed at
75-17 subsequent elections so long as obligations are not impaired, and
75-18 not to exceed the maximum limit of Seventy-five Cents (75 ) per One
75-19 Hundred Dollars ($100.00) valuation, and no election shall be
75-20 required by subsequent changes in the boundaries of the City of
75-21 Amarillo.
75-22 If such tax is authorized, no political subdivision or
75-23 municipality within or having the same boundaries as the district
75-24 may levy a tax for medical or hospital care for needy individuals,
75-25 nor shall they maintain or erect hospital facilities, but the
75-26 district shall by resolution assume all such responsibilities and
75-27 shall assume all of the liabilities and obligations (including
76-1 bonds and warrants) of such subdivisions or municipalities or both.
76-2 The maximum tax rate submitted shall be sufficient to discharge
76-3 such obligations, liabilities, and responsibilities, and to
76-4 maintain and operate the hospital system, and the Legislature may
76-5 authorize the district to issue tax bonds for the purpose of the
76-6 purchase, construction, acquisition, repair or renovation of
76-7 improvements and initially equipping the same, and such bonds shall
76-8 be payable from said Seventy-five Cents (75 ) tax. The Legislature
76-9 shall provide for transfer of title to properties to the district.
76-10 (c) The Legislature may by law authorize the creation of a
76-11 hospital district within Jefferson County, the boundaries of which
76-12 shall include only the area comprising the Jefferson County
76-13 Drainage District No. 7 and the Port Arthur Independent School
76-14 District, as such boundaries existed on the first day of January,
76-15 1957, with the power to issue bonds for the sole purpose of
76-16 purchasing a site for, and the construction and initial equipping
76-17 of, a hospital system, and with the power to levy a tax of not to
76-18 exceed Seventy-five Cents (75 ) on the One Hundred Dollars
76-19 ($100.00) valuation of property therein for the purpose of paying
76-20 the principal and interest on such bonds.
76-21 The [creation of such hospital district shall not be final
76-22 until approved at an election by a majority of the resident
76-23 property taxpaying voters voting at said election who have duly
76-24 rendered their property for taxation upon the tax rolls of either
76-25 said Drainage or said School District, nor shall such] bonds may
76-26 not be issued or such tax be levied until [so] approved by such
76-27 voters.
77-1 The district shall not have the power to levy any tax for
77-2 maintenance or operation of the hospital or facilities, but shall
77-3 contract with other political subdivisions of the state or private
77-4 individuals, associations, or corporations for such purposes.
77-5 If the district hereinabove authorized is finally created, no
77-6 other hospital district may be created embracing any part of the
77-7 territory within its boundaries, but the Legislature by law may
77-8 authorize the creation of a hospital district incorporating therein
77-9 the remainder of Jefferson County, having the powers and duties and
77-10 with the limitations presently provided by Article IX, Section 4,
77-11 of the Constitution of Texas[, except that such district shall be
77-12 confirmed at an election wherein the resident qualified property
77-13 taxpaying voters who have duly rendered their property within such
77-14 proposed district for taxation on the county rolls, shall be
77-15 authorized to vote]. A majority of those participating in the
77-16 election voting in favor of the district shall be necessary for
77-17 [its confirmation and for] bonds to be issued.
77-18 (e) The legislature by law may authorize Randall County to
77-19 render financial assistance to the Amarillo Hospital District by
77-20 paying part of the district's operating and maintenance expenses
77-21 and the debts assumed or created by the district and to levy a tax
77-22 for that purpose in an amount not to exceed seventy-five cents
77-23 (75 ) on the One Hundred Dollars ($100.00) valuation on all
77-24 property in Randall County that is not within the boundaries of the
77-25 City of Amarillo or the South Randall County Hospital District.
77-26 This tax is in addition to any other tax authorized by this
77-27 constitution. If the tax is authorized by the legislature and
78-1 approved by the voters of the area to be taxed, the Amarillo
78-2 Hospital District shall, by resolution, assume the
78-3 responsibilities, obligations, and liabilities of Randall County in
78-4 accordance with Subsection (a) of this section and, except as
78-5 provided by this subsection, Randall County may not levy taxes or
78-6 issue bonds for hospital purposes or for providing hospital care
78-7 for needy inhabitants of the county. [Not later than the end of
78-8 the first tax year during which taxes are levied under this
78-9 subsection, Randall County shall deposit in the State Treasury to
78-10 the credit of the state General Revenue Fund $45,000 to reimburse
78-11 the state for the cost of publishing the resolution required by
78-12 this subsection.]
78-13 SECTION 45. Subsection (a), Section 8, Article IX, Texas
78-14 Constitution, is amended to read as follows:
78-15 (a) The Legislature may by law authorize the creation of a
78-16 Hospital District to be co-extensive with the limits of County
78-17 Commissioners Precinct No. 4 of Comanche County, Texas.
78-18 If such District is created, it may be authorized to levy a
78-19 tax not to exceed seventy-five cents (75 ) on the One Hundred
78-20 Dollar ($100) valuation of taxable property within the District;
78-21 provided, however, no tax may be levied until approved by a
78-22 majority vote of the participating resident qualified [property
78-23 taxpaying] voters [who have duly rendered their property for
78-24 taxation]. The maximum rate of tax may be changed at subsequent
78-25 elections so long as obligations are not impaired, and not to
78-26 exceed the maximum limit of seventy-five cents (75 ) per One
78-27 Hundred Dollar ($100) valuation, and no election shall be required
79-1 by subsequent changes in the boundaries of the Commissioners
79-2 Precinct No. 4 of Comanche County.
79-3 If such tax is authorized, no political subdivision or
79-4 municipality within or having the same boundaries as the District
79-5 may levy a tax for medical or hospital care for needy individuals,
79-6 nor shall they maintain or erect hospital facilities, but the
79-7 District shall by resolution assume all such responsibilities and
79-8 shall assume all of the liabilities and obligations (including
79-9 bonds and warrants) of such subdivisions or municipalities or both.
79-10 The maximum tax rate submitted shall be sufficient to discharge
79-11 such obligations, liabilities, and responsibilities, and to
79-12 maintain and operate the hospital system, and the Legislature may
79-13 authorize the District to issue tax bonds for the purpose of the
79-14 purchase, construction, acquisition, repair or renovation of
79-15 improvements and initially equipping the same, and such bonds shall
79-16 be payable from said seventy-five cent (75 ) tax. The Legislature
79-17 shall provide for transfer of title to properties to the District.
79-18 SECTION 46. Section 11, Article IX, Texas Constitution, is
79-19 amended to read as follows:
79-20 Sec. 11. (a) The Legislature may by law authorize the
79-21 creation of hospital districts in Ochiltree, Castro, Hansford and
79-22 Hopkins Counties, each district to be coextensive with the limits
79-23 of such county.
79-24 (b) If any such district is created, it may be authorized to
79-25 levy a tax not to exceed Seventy-five Cents (75 ) on the One
79-26 Hundred Dollar ($100) valuation of taxable property within the
79-27 district; provided, however, no tax may be levied until approved by
80-1 a majority vote of the participating resident qualified
80-2 [property-taxpaying] voters [who have duly rendered their property
80-3 for taxation]. The maximum rate of tax may be changed at
80-4 subsequent elections so long as obligations are not impaired, and
80-5 not to exceed the maximum limit of Seventy-five Cents (75 ) per One
80-6 Hundred Dollar ($100) valuation.
80-7 (c) If such tax is authorized, no political subdivision or
80-8 municipality within or having the same boundaries as the district
80-9 may levy a tax for medical or hospital care for needy individuals,
80-10 nor shall they maintain or erect hospital facilities, but the
80-11 district shall by resolution assume all such responsibilities and
80-12 shall assume all of the liabilities and obligations (including
80-13 bonds and warrants) of such subdivisions or municipalities or both.
80-14 The maximum tax rate submitted shall be sufficient to discharge
80-15 obligations, liabilities, and responsibilities, and to maintain and
80-16 operate the hospital system, and the Legislature may authorize the
80-17 district to issue tax bonds for the purpose of the purchase,
80-18 construction, acquisition, repair or renovation of improvements and
80-19 initially equipping the same, and such bonds shall be payable from
80-20 said Seventy-five Cent (75 ) tax. The Legislature shall provide
80-21 for transfer of title to properties to the district.
80-22 [Should the Legislature enact enabling laws in anticipation
80-23 of the adoption of the amendment, such Acts shall not be invalid
80-24 because of their anticipatory character.]
80-25 SECTION 47. Section 12, Article IX, Texas Constitution, is
80-26 amended to read as follows:
80-27 Sec. 12. (a) The Legislature may by law provide for the
81-1 creation, establishment, maintenance and operation of Airport
81-2 Authorities composed of one or more counties, with power to issue
81-3 general obligation bonds, revenue bonds, either or both of them,
81-4 for the purchase, acquisition by the exercise of the power of
81-5 eminent domain or otherwise, construction, reconstruction, repair
81-6 or renovation of any airport or airports, landing fields and
81-7 runways, airport buildings, hangars, facilities, equipment,
81-8 fixtures, and any and all property, real or personal, necessary to
81-9 operate, equip and maintain an airport.
81-10 (b) The Legislature[;] shall provide for the option by the
81-11 governing body of the city or cities whose airport facilities are
81-12 served by certificated airlines and whose facility or some interest
81-13 therein, is proposed to be or has been acquired by the Authority,
81-14 to either appoint or elect a Board of Directors of said Authority.
81-15 If[; if] the Directors are appointed such appointment shall be made
81-16 by the County Commissioners Court after consultation with and
81-17 consent of the governing body or bodies of such city or cities.
81-18 If[, and if] the Board of Directors is elected they shall be
81-19 elected by the qualified [taxpaying] voters of the county which
81-20 chooses to elect the Directors to represent that county.[, such]
81-21 Directors shall serve without compensation for a term fixed by the
81-22 Legislature not to exceed six (6) years, [and] shall be selected on
81-23 the basis of the proportionate population of each county based upon
81-24 the last preceding Federal Census, and shall be [a resident or]
81-25 residents of such county. No[; provide that no] county shall have
81-26 less than one (1) member on the Board of Directors.
81-27 (c) The Legislature shall[;] provide for the holding of an
82-1 election in each county proposing the creation of an Authority to
82-2 be called by the Commissioners Court or Commissioners Courts, as
82-3 the case may be, upon petition of five per cent (5%) of the
82-4 qualified [taxpaying] voters within the county or counties. The[,
82-5 said] elections must [to] be held on the same day if more than one
82-6 county is included. No[, provided that no] more than one (1) such
82-7 election may be called in a county until after the expiration of
82-8 one (1) year[;] in the event such an election has failed, and
82-9 thereafter only upon a petition of ten per cent (10%) of the
82-10 qualified [taxpaying] voters being presented to the Commissioners
82-11 Court or Commissioners Courts of the county or counties in which
82-12 such an election has failed. In[, and in] the event that two or
82-13 more counties vote on the proposition of the creation of an
82-14 Authority therein, the proposition shall not be deemed to carry
82-15 unless the majority of the qualified [taxpaying] voters in each
82-16 county voting thereon vote in favor thereof. An[; provided,
82-17 however, that an] Airport Authority may be created and be composed
82-18 of the county or counties that vote in favor of its creation if
82-19 separate propositions are submitted to the voters of each county so
82-20 that they may vote for a two or more county Authority or a single
82-21 county Authority.
82-22 (d) The Legislature shall[;] provide for the appointment by
82-23 the Board of Directors of an Assessor and Collector of Taxes in the
82-24 Authority, whether constituted of one or more counties, whose duty
82-25 it shall be to assess all taxable property, both real and personal,
82-26 and collect the taxes thereon, based upon the tax rolls approved by
82-27 the Board of Directors, the tax to be levied not to exceed
83-1 Seventy-Five Cents (75 ) per One Hundred Dollars ($100) assessed
83-2 valuation of the property. The[, provided, however, that the]
83-3 property of state regulated common carriers required by law to pay
83-4 a tax upon intangible assets shall not be subject to taxation by
83-5 the Authority. The[, said] taxable property shall be assessed on a
83-6 valuation not to exceed the market value and shall be equal and
83-7 uniform throughout the Authority as is otherwise provided by the
83-8 Constitution.
83-9 (e) The[; the] Legislature shall authorize the purchase or
83-10 acquisition by the Authority of any existing airport facility
83-11 publicly owned and financed and served by certificated airlines, in
83-12 fee or of any interest therein, or to enter into any lease
83-13 agreement therefor, upon such terms and conditions as may be
83-14 mutually agreeable to the Authority and the owner of such
83-15 facilities, or authorize the acquisition of same through the
83-16 exercise of the power of eminent domain. In[, and in] the event of
83-17 such acquisition, if there are any general obligation bonds that
83-18 the owner of the publicly owned airport facility has outstanding,
83-19 the same shall be fully assumed by the Authority and sufficient
83-20 taxes levied by the Authority to discharge said outstanding
83-21 indebtedness. If[; and likewise] any city or owner [that] has
83-22 outstanding revenue bonds where the revenues of the airport have
83-23 been pledged or said bonds constitute a lien against the airport
83-24 facilities, the Authority shall assume and discharge all the
83-25 obligations of the city under the ordinances and bond indentures
83-26 under which said revenue bonds have been issued and sold.
83-27 (f) Any city which owns airport facilities not serving
84-1 certificated airlines which are not purchased or acquired or taken
84-2 over as herein provided by such Authority[,] shall have the power
84-3 to operate the same under the existing laws or as the same may
84-4 hereafter be amended.
84-5 (g) Any such Authority when created may be granted the power
84-6 and authority to promulgate, adopt and enforce appropriate zoning
84-7 regulations to protect the airport from hazards and obstructions
84-8 which would interfere with the use of the airport and its
84-9 facilities for landing and take-off.
84-10 (h) An[;-an] additional county or counties may be added to
84-11 an existing Authority if a petition of five per cent (5%) of the
84-12 qualified [taxpaying] voters is filed with and an election is
84-13 called by the Commissioners Court of the county or counties seeking
84-14 admission to an Authority. If [and] the vote is favorable, then
84-15 admission may be granted to such county or counties by the Board of
84-16 Directors of the then existing Authority upon such terms and
84-17 conditions as they may agree upon and evidenced by a resolution
84-18 approved by two-thirds (2/3rds) of the then existing Board of
84-19 Directors. The[, provided, however, the] county or counties that
84-20 may be so added to the then existing Authority shall be given
84-21 representation on the Board of Directors by adding additional
84-22 directors in proportion to their population according to the last
84-23 preceding Federal census.
84-24 SECTION 48. Section 2, Article XI, Texas Constitution, is
84-25 amended to read as follows:
84-26 Sec. 2. The construction of jails, court-houses and bridges
84-27 [and the establishment of county poor houses and farms,] and the
85-1 laying out, construction and repairing of county roads shall be
85-2 provided for by general laws.
85-3 SECTION 49. Subsection (b), Section 30, Article XVI, Texas
85-4 Constitution, is amended to read as follows:
85-5 (b) When a Railroad Commission is created by law it shall be
85-6 composed of three Commissioners who shall be elected by the people
85-7 at a general election for State officers, and their terms of office
85-8 shall be six years. [Railroad Commissioners first elected after
85-9 this amendment goes into effect shall hold office as follows: One
85-10 shall serve two years, and one four years, and one six years; their
85-11 terms to be decided by lot immediately after they shall have
85-12 qualified.] And one Railroad Commissioner shall be elected every
85-13 two years [thereafter]. In case of vacancy in said office the
85-14 Governor of the State shall fill said vacancy by appointment until
85-15 the next general election.
85-16 SECTION 50. Section 44, Article XVI, Texas Constitution, is
85-17 amended to read as follows:
85-18 Sec. 44. (a) Except as otherwise provided by this section,
85-19 the Legislature shall prescribe the duties and provide for the
85-20 election by the qualified voters of each county in this State, of a
85-21 County Treasurer and a County Surveyor, who shall have an office at
85-22 the county seat, and hold their office for four years, and until
85-23 their successors are qualified; and shall have such compensation as
85-24 may be provided by law.
85-25 (b) The office of County Treasurer or County Surveyor does
85-26 not exist in those counties in which the office has been abolished
85-27 pursuant to constitutional amendment or pursuant to the authority
86-1 of Subsection (c) of this section [in the counties of Tarrant and
86-2 Bee is abolished and all the powers, duties, and functions of the
86-3 office in each of these counties are transferred to the County
86-4 Auditor or to the officer who succeeds to the auditor's functions.
86-5 The office of County Treasurer in the counties of Bexar and Collin
86-6 are abolished and all the powers, duties, and functions of the
86-7 office in each of these counties are transferred to the County
86-8 Clerk. However, the office of County Treasurer shall be abolished
86-9 in the counties covered by this subsection only after a local
86-10 election has been held in each county and the proposition "to
86-11 abolish the elective office of county treasurer" has passed by a
86-12 majority of those persons voting in said election].
86-13 [(c) The office of County Treasurer in the counties of
86-14 Andrews and Gregg is abolished. In Andrews County, the powers,
86-15 duties, and functions of the office are transferred to the County
86-16 Auditor of the county or to the officer who succeeds to the
86-17 auditor's functions. In Gregg County, the functions of the office
86-18 are transferred to an elected official or the County Auditor as
86-19 designated by the Commissioners Court, and the Commissioners Court
86-20 may from time to time change its designation as it considers
86-21 appropriate.]
86-22 [(d) The office of County Treasurer in the counties of El
86-23 Paso and Fayette is abolished. In El Paso County, the
86-24 Commissioners Court may employ or contract with a qualified person
86-25 or may designate another county officer to perform any of the
86-26 functions that would have been performed by the County Treasurer if
86-27 the office had not been abolished. In Fayette County, the
87-1 functions of the abolished office are transferred to the County
87-2 Auditor or to the officer who succeeds to the auditor's functions.
87-3 However, the office of County Treasurer in El Paso or Fayette
87-4 County is abolished under this subsection only if, at the statewide
87-5 election at which the constitutional amendment providing for the
87-6 abolition of the office in that county is submitted to the voters,
87-7 a majority of the voters of that county voting on the question at
87-8 that election favor the amendment.]
87-9 [(e) The office of County Surveyor in the counties of
87-10 Denton, Randall, Collin, Dallas, El Paso, McLennan, and Henderson
87-11 is abolished upon the approval of the abolition by a majority of
87-12 the qualified voters of the respective county voting on the
87-13 question at an election that the Commissioners Court of the county
87-14 may call. If the election is called, the Commissioners Court shall
87-15 order the ballot at the election to be printed to provide for
87-16 voting for or against the proposition: "Abolishing the office of
87-17 county surveyor." Each qualified voter of the county is entitled
87-18 to vote in the election. If the office of County Surveyor is
87-19 abolished under this subsection, the maps, field notes, and other
87-20 records in the custody of the County Surveyor are transferred to
87-21 the County Clerk of the county. After abolition, the Commissioners
87-22 Court may employ or contract with a qualified person to perform any
87-23 of the functions that would have been performed by the County
87-24 Surveyor if the office had not been abolished.]
87-25 [(f) This subsection applies only to the counties of Cass,
87-26 Ector, Garza, Smith, Bexar, Harris, and Webb. The office of County
87-27 Surveyor in the county is abolished on January 1, 1990, if at the
88-1 statewide election at which the addition to the Constitution of
88-2 this subsection is submitted to the voters, a majority of the
88-3 voters of that county voting on the question at that election favor
88-4 the addition of this subsection. If the office of County Surveyor
88-5 is abolished in a county under this subsection, the powers, duties,
88-6 and functions of the office are transferred to the county officer
88-7 or employee designated by the Commissioners Court of the county in
88-8 which the office is abolished, and the Commissioners Court may from
88-9 time to time change its designation as it considers appropriate.]
88-10 [(g) The office of County Treasurer in Nueces County is
88-11 abolished and all powers, duties, and functions of this office are
88-12 transferred to the County Clerk. However, the office of County
88-13 Treasurer in Nueces County is abolished under this subsection only
88-14 if, at the statewide election at which this amendment is submitted
88-15 to the voters, a majority of the voters of Nueces County voting on
88-16 the question at that election favor the amendment. The office of
88-17 County Treasurer of Nueces County is abolished on January 1, 1988,
88-18 if the conditions of this subsection are met. If that office in
88-19 Nueces County is not abolished, this subsection expires on January
88-20 1, 1988.]
88-21 (c) [(h)] The Commissioners Court of a county may call an
88-22 election to abolish the office of County Surveyor in the county.
88-23 The office of County Surveyor in the county is abolished if a
88-24 majority of the voters of the county voting on the question at that
88-25 election approve the abolition. If an election is called under
88-26 this subsection, the Commissioners Court shall order the ballot for
88-27 the election to be printed to provide for voting for or against the
89-1 proposition: "Abolishing the office of county surveyor of this
89-2 county." If the office of County Surveyor is abolished under this
89-3 subsection, the maps, field notes, and other records in the custody
89-4 of the County Surveyor are transferred to the county officer or
89-5 employee designated by the Commissioners Court of the county in
89-6 which the office is abolished, and the Commissioners Court may from
89-7 time to time change its designation as it considers appropriate.
89-8 SECTION 51. Subsection (c), Section 59, Article XVI, Texas
89-9 Constitution, is amended to read as follows:
89-10 (c) The Legislature shall authorize all such indebtedness as
89-11 may be necessary to provide all improvements and the maintenance
89-12 thereof requisite to the achievement of the purposes of this
89-13 amendment. All[, and all] such indebtedness may be evidenced by
89-14 bonds of such conservation and reclamation districts, to be issued
89-15 under such regulations as may [amy] be prescribed by law. The
89-16 Legislature [and] shall also[,] authorize the levy and collection
89-17 within such districts of all such taxes, equitably distributed, as
89-18 may be necessary for the payment of the interest and the creation
89-19 of a sinking fund for the payment of such bonds[;] and [also] for
89-20 the maintenance of such districts and improvements. Such[, and
89-21 such] indebtedness shall be a lien upon the property assessed for
89-22 the payment thereof. The[; provided the] Legislature shall not
89-23 authorize the issuance of any bonds or provide for any indebtedness
89-24 against any reclamation district unless such proposition shall
89-25 first be submitted to the qualified [property tax-paying] voters of
89-26 such district and the proposition adopted.
89-27 SECTION 52. Section 61, Article XVI, Texas Constitution, is
90-1 amended to read as follows:
90-2 Sec. 61. (a) All district officers in the State of Texas
90-3 and all county officers in counties having a population of twenty
90-4 thousand (20,000) or more, according to the then last preceding
90-5 Federal Census, shall be compensated on a salary basis.
90-6 (b) In all counties in this State, the Commissioners Courts
90-7 shall be authorized to determine whether precinct officers shall be
90-8 compensated on a fee basis or on a salary basis, with the exception
90-9 that it shall be mandatory upon the Commissioners Courts, to
90-10 compensate all justices of the peace, constables, deputy constables
90-11 and precinct law enforcement officers on a salary basis.
90-12 (c) In [beginning January 1, 1973; and in] counties having a
90-13 population of less than twenty thousand (20,000), according to the
90-14 then last preceding Federal Census, the Commissioners Courts [shall
90-15 also] have the authority to determine whether county officers shall
90-16 be compensated on a fee basis or on a salary basis, with the
90-17 exception that it shall be mandatory upon the Commissioners Courts
90-18 to compensate all sheriffs, deputy sheriffs, county law enforcement
90-19 officers including sheriffs who also perform the duties of assessor
90-20 and collector of taxes, and their deputies, on a salary basis
90-21 [beginning January 1, 1949].
90-22 (d) All fees earned by district, county and precinct
90-23 officers shall be paid into the county treasury where earned for
90-24 the account of the proper fund, provided that fees incurred by the
90-25 State, county and any municipality, or in case where a pauper's
90-26 oath is filed, shall be paid into the county treasury when
90-27 collected and provided that where any officer is compensated wholly
91-1 on a fee basis such fees may be retained by such officer or paid
91-2 into the treasury of the county as the Commissioners Court may
91-3 direct.
91-4 (e) All Notaries Public, county surveyors and public
91-5 weighers shall continue to be compensated on a fee basis.
91-6 SECTION 53. Section 65, Article XVI, Texas Constitution, is
91-7 amended to read as follows:
91-8 Sec. 65. (a) This section applies to the following offices
91-9 [Staggering Terms of Office--The following officers elected at the
91-10 General Election in November, 1954, and thereafter, shall serve for
91-11 the full terms provided in this Constitution]:
91-12 [(a)] District Clerks; [(b)] County Clerks;
91-13 [(c)] County Judges; [(d)] Judges of the County Courts at Law,
91-14 County Criminal Courts, County Probate Courts and County Domestic
91-15 Relations Courts; [(e)] County Treasurers; [(f)] Criminal
91-16 District Attorneys; [(g)] County Surveyors; [(h)] Inspectors of
91-17 Hides and Animals; [(i)] County Commissioners [for Precincts Two
91-18 and Four]; [(j)] Justices of the Peace;[.]
91-19 [Notwithstanding other provisions of this Constitution, the
91-20 following officers elected at the General Election in November,
91-21 1954, shall serve only for terms of two (2) years: (a)] Sheriffs;
91-22 [(b)] Assessors and Collectors of Taxes; [(c)] District
91-23 Attorneys; [(d)] County Attorneys; [(e)] Public Weighers; and
91-24 [(f) County Commissioners for Precincts One and Three;
91-25 (g)] Constables. [At subsequent elections, such officers shall be
91-26 elected for the full terms provided in this Constitution.]
91-27 [In any district, county or precinct where any of the
92-1 aforementioned offices is of such nature that two (2) or more
92-2 persons hold such office, with the result that candidates file for
92-3 "Place No. 1," "Place No. 2," etc., the officers elected at the
92-4 General Election in November, 1954, shall serve for a term of two
92-5 (2) years if the designation of their office is an uneven number,
92-6 and for a term of four (4) years if the designation of their office
92-7 is an even number. Thereafter, all such officers shall be elected
92-8 for the terms provided in this Constitution.]
92-9 (b) If [Provided, however, if] any of the officers named
92-10 herein shall announce their candidacy, or shall in fact become a
92-11 candidate, in any General, Special or Primary Election, for any
92-12 office of profit or trust under the laws of this State or the
92-13 United States other than the office then held, at any time when the
92-14 unexpired term of the office then held shall exceed one (1) year,
92-15 such announcement or such candidacy shall constitute an automatic
92-16 resignation of the office then held, and the vacancy thereby
92-17 created shall be filled pursuant to law in the same manner as other
92-18 vacancies for such office are filled.
92-19 SECTION 54. Section 1, Article XVII, Texas Constitution, is
92-20 amended to read as follows:
92-21 Sec. 1. (a) The Legislature, at any regular session, or at
92-22 any special session when the matter is included within the purposes
92-23 for which the session is convened, may propose amendments revising
92-24 the Constitution, to be voted upon by the qualified voters
92-25 [electors] for statewide offices and propositions, as defined in
92-26 the Constitution and statutes of this State. The date of the
92-27 elections shall be specified by the Legislature. The proposal for
93-1 submission must be approved by a vote of two-thirds of all the
93-2 members elected to each House, entered by yeas and nays on the
93-3 journals.
93-4 (b) A brief explanatory statement of the nature of a
93-5 proposed amendment, together with the date of the election and the
93-6 wording of the proposition as it is to appear on the ballot, shall
93-7 be published twice in each newspaper in the State which meets
93-8 requirements set by the Legislature for the publication of official
93-9 notices of officers and departments of the state government. The
93-10 explanatory statement shall be prepared by the Secretary of State
93-11 and shall be approved by the Attorney General. The Secretary of
93-12 State shall send a full and complete copy of the proposed amendment
93-13 or amendments to each county clerk who shall post the same in a
93-14 public place in the courthouse at least 30 days prior to the
93-15 election on said amendment. The first notice shall be published
93-16 not more than 60 days nor less than 50 days before the date of the
93-17 election, and the second notice shall be published on the same day
93-18 in the succeeding week. The Legislature shall fix the standards
93-19 for the rate of charge for the publication, which may not be higher
93-20 than the newspaper's published national rate for advertising per
93-21 column inch.
93-22 (c) The election shall be held in accordance with procedures
93-23 prescribed by the Legislature, and the returning officer in each
93-24 county shall make returns to the Secretary of State of the number
93-25 of legal votes cast at the election for and against each amendment.
93-26 If it appears from the returns that a majority of the votes cast
93-27 have been cast in favor of an amendment, it shall become a part of
94-1 this Constitution, and proclamation thereof shall be made by the
94-2 Governor.
94-3 SECTION 55. The following provisions of the Texas
94-4 Constitution are repealed:
94-5 (1) Article III, Sections 26a, 50b, 50b-1, 50b-2,
94-6 50b-3, and 54;
94-7 (2) Article VIII, Sections 1-b-1, 1-c, and 5;
94-8 (3) Article IX, Section 6;
94-9 (4) Article XI, Section 6;
94-10 (5) Article XVI, Sections 18, 47, 53, 66, and 70(r);
94-11 and
94-12 (6) Article XVII, Section 2.
94-13 SECTION 56. The following temporary provision is added to
94-14 the Texas Constitution:
94-15 TEMPORARY TRANSITION PROVISIONS. (a) This section applies
94-16 to amendments proposed by H.J.R. No. 62, 76th Legislature, Regular
94-17 Session, 1999.
94-18 (b) The amendments do not impair any obligation created by
94-19 the issuance of bonds or other evidences of indebtedness in
94-20 accordance with prior law, and all bonds or other evidences of
94-21 indebtedness validly issued under provisions amended or repealed
94-22 remain valid, enforceable, and binding according to their terms
94-23 and shall be paid from the sources pledged. Bonds or other
94-24 evidences of indebtedness authorized but unissued on the effective
94-25 date of the amendments may be issued in compliance with and subject
94-26 to the provisions of the prior law. The amendments do not reduce
94-27 or expand the authority to provide for, issue, or sell bonds or
95-1 other evidences of indebtedness previously authorized.
95-2 (c) As of the date of adoption of H.J.R. No. 62 by the 76th
95-3 Legislature, Regular Session, 1999, the Veterans' Land Board has
95-4 authorized but unissued bonds in the aggregate principal amount of
95-5 $190,002,225 for the purpose of providing funds for the Veterans'
95-6 Land Fund, $1,309,997,775 having previously been issued for that
95-7 purpose, and $615,000,000 for the purpose of providing funds for
95-8 the Veterans' Housing Assistance Fund II, $385,000,000 having
95-9 previously been issued for that purpose. The amendments do not in
95-10 any manner impair the authority of the Veterans' Land Board
95-11 hereafter to issue bonds or incur other evidences of indebtedness,
95-12 provided that any bonds or other evidences of indebtedness issued
95-13 or incurred by the Veterans' Land Board prior to adoption of the
95-14 amendments shall cause the amount of authorized but unissued bonds
95-15 described in this subsection to be reduced by the amount of the
95-16 bonds so issued or other evidences of indebtedness so incurred.
95-17 (d) As of the date of adoption of H.J.R. No. 62 by the 76th
95-18 Legislature, Regular Session, 1999, the Texas Water Development
95-19 Board has authorized but unissued bonds in the aggregate principal
95-20 amount of $945,765,000, and as of that date that board has issued
95-21 $113,300,000 in bonds for the purpose of providing wholesale and
95-22 retail water and wastewater facilities to economically distressed
95-23 areas of the state, as defined by law. The amendments do not in
95-24 any manner impair the authority of the Texas Water Development
95-25 Board hereafter to issue bonds or incur other evidences of
95-26 indebtedness, provided that any bonds or other evidences of
95-27 indebtedness issued or incurred by the Texas Water Development
96-1 Board prior to adoption of the amendments shall cause the amount of
96-2 authorized but unissued bonds described in this subsection to be
96-3 reduced by the amount of the bonds so issued or other evidences of
96-4 indebtedness so incurred.
96-5 (e) As of the date of adoption of H.J.R. No. 62 by the 76th
96-6 Legislature, Regular Session, 1999, the Texas Higher Education
96-7 Coordinating Board has authorized but unissued bonds in the
96-8 aggregate principal amount of $150,000,000, and as of that date the
96-9 board has issued $810,000,000 in bonds for the purpose of
96-10 educational loans to students. The amendments do not in any manner
96-11 impair the authority of the Texas Higher Education Coordinating
96-12 Board hereafter to issue bonds or incur other evidences of
96-13 indebtedness, provided that any bonds or other evidences of
96-14 indebtedness issued or incurred by the Texas Higher Education
96-15 Coordinating Board prior to adoption of the amendments shall cause
96-16 the amount of authorized but unissued bonds described in this
96-17 subsection to be reduced by the amount of the bonds so issued or
96-18 other evidences of indebtedness so incurred.
96-19 (f) The amendment of Subsection (b), Section 1-b, Article
96-20 VIII, does not affect the increase in the amount of an exemption
96-21 effective January 1, 1979, under that subsection, and that increase
96-22 is preserved and given effect in accordance with the prior law.
96-23 (g) The amendment of Subsection (b), Section 1-j, Article
96-24 VIII, does not affect the taxation of personal property in
96-25 accordance with action taken under that section before April 1,
96-26 1990, and that authority to tax personal property is preserved and
96-27 given effect in accordance with the prior law.
97-1 (h) The amendment of Subsection (c), Section 5, Article IX,
97-2 does not affect the validity of a confirmation election held in
97-3 accordance with that section.
97-4 (i) The repeal of Section 5, Article VIII, does not affect
97-5 the power of a municipality to impose and collect taxes on the
97-6 property of railroad companies in accordance with the general
97-7 authority of municipalities under this constitution to impose and
97-8 collect those taxes.
97-9 (j) The repeal of Section 6, Article IX, does not affect the
97-10 disposition of assets of the Lamar County Hospital District in
97-11 accordance with that section.
97-12 (k) The amendment of Section 44, Article XVI, does not
97-13 affect the power of a county to abolish the office of county
97-14 treasurer or county surveyor in accordance with previously adopted
97-15 amendments of that section, and the power is preserved in
97-16 accordance with the prior law.
97-17 (l) The repeal of Section 66, Article XVI, does not affect
97-18 the pensions payable under that section and those pensions shall be
97-19 paid in accordance with the prior law.
97-20 (m) The reenactment of any provision for purposes of
97-21 amendment does not revive a provision that may have been impliedly
97-22 repealed by the adoption of a later amendment.
97-23 (n) The amendment of any provision does not affect vested
97-24 rights.
97-25 SECTION 57. This proposed constitutional amendment shall be
97-26 submitted to the voters at an election to be held on November 2,
97-27 1999. The ballot shall be printed to permit voting for or against
98-1 the proposition: "The constitutional amendment to eliminate
98-2 duplicative, executed, obsolete, archaic, and ineffective
98-3 provisions of the Texas Constitution."
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.J.R. No. 62 was passed by the House on May
6, 1999, by the following vote: Yeas 148, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to
H.J.R. No. 62 on May 27, 1999, by the following vote: Yeas 142,
Nays 0, 2 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.J.R. No. 62 was passed by the Senate, with
amendments, on May 24, 1999, by the following vote: Yeas 29, Nays
1.
_______________________________
Secretary of the Senate
RECEIVED: _____________________
Date
_____________________
Secretary of State