76R13123 SRC-D
By Mowery, Driver, Puente H.J.R. No. 62
Substitute the following for H.J.R. No. 62:
By Mowery C.S.H.J.R. No. 62
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[, Seven Hundred Million Dollars
8-27 ($700,000,000) of which have heretofore been authorized. Such
9-1 bonds or obligations shall be sold for not less than par value and
9-2 accrued interest; shall be issued in such forms, denominations,
9-3 and upon such terms as are now or may hereafter be provided by law;
9-4 shall be issued and sold at such times, at such places, and in such
9-5 installments as may be determined by said Board; and shall bear a
9-6 rate or rates of interest as may be fixed by said Board but the
9-7 weighted average annual interest rate, as that phrase is commonly
9-8 and ordinarily used and understood in the municipal bond market, of
9-9 all the bonds issued and sold in any installment of any bonds may
9-10 not exceed the rate specified in Section 65 of this Article. All
9-11 bonds or obligations issued and sold hereunder shall, after
9-12 execution by the Board, approval by the Attorney General of Texas,
9-13 registration by the Comptroller of Public Accounts of the State of
9-14 Texas, and delivery to the purchaser or purchasers, be
9-15 incontestable and shall constitute general obligations of the State
9-16 of Texas under the Constitution of Texas; and all bonds heretofore
9-17 issued and sold by said Board are hereby in all respects validated
9-18 and declared to be general obligations of the State of Texas. In
9-19 order to prevent default in the payment of principal or interest on
9-20 any such bonds, the Legislature shall appropriate a sufficient
9-21 amount to pay the same].
9-22 (d) In the sale of any such bonds or obligations, a
9-23 preferential right of purchase shall be given to the administrators
9-24 of the various Teacher Retirement Funds, the Permanent University
9-25 Funds, and the Permanent School Funds.
9-26 [Said Veterans' Land Fund shall consist of any lands
9-27 heretofore or hereafter purchased by said Board, until the sale
10-1 price therefor, together with any interest and penalties due, have
10-2 been received by said Board (although nothing herein shall be
10-3 construed to prevent said Board from accepting full payment for a
10-4 portion of any tract), and of the moneys attributable to any bonds
10-5 heretofore or hereafter issued and sold by said Board which moneys
10-6 so attributable shall include but shall not be limited to the
10-7 proceeds from the issuance and sale of such bonds; the moneys
10-8 received from the sale or resale of any lands, or rights therein,
10-9 purchased with such proceeds; the moneys received from the sale or
10-10 resale of any lands, or rights therein, purchased with other moneys
10-11 attributable to such bonds; the interest and penalties received
10-12 from the sale or resale of such lands, or rights therein; the
10-13 bonuses, income, rents, royalties, and any other pecuniary benefit
10-14 received by said Board from any such lands; sums received by way
10-15 of indemnity or forfeiture for the failure of any bidder for the
10-16 purchase of any such bonds to comply with his bid and accept and
10-17 pay for such bonds or for the failure of any bidder for the
10-18 purchase of any lands comprising a part of said Fund to comply with
10-19 his bid and accept and pay for any such lands; and interest
10-20 received from investments of any such moneys. The principal and
10-21 interest on the bonds heretofore and hereafter issued by said Board
10-22 shall be paid out of the moneys of said Fund in conformance with
10-23 the Constitutional provisions authorizing such bonds; but the
10-24 moneys of said Fund which are not immediately committed to the
10-25 payment of principal and interest on such bonds, the purchase of
10-26 lands as herein provided, or the payment of expenses as herein
10-27 provided may be invested as authorized by law until such moneys are
11-1 needed for such purposes.]
11-2 [All moneys comprising a part of said Fund and not expended
11-3 for the purposes herein provided shall be a part of said Fund until
11-4 there are sufficient moneys therein to retire fully all of the
11-5 bonds heretofore or hereafter issued and sold by said Board, at
11-6 which time all such moneys remaining in said Fund, except such
11-7 portion thereof as may be necessary to retire all such bonds which
11-8 portion shall be set aside and retained in said Fund for the
11-9 purpose of retiring all such bonds, shall be deposited to the
11-10 credit of the General Revenue Fund to be appropriated to such
11-11 purposes as may be prescribed by law. All moneys becoming a part
11-12 of said Fund thereafter shall likewise be deposited to the credit
11-13 of the General Revenue Fund.]
11-14 [When a Division of said Fund (each Division consisting of
11-15 the moneys attributable to the bonds issued and sold pursuant to a
11-16 single Constitutional authorization and the lands purchased
11-17 therewith) contains sufficient moneys to retire all of the bonds
11-18 secured by such Division, the moneys thereof, except such portion
11-19 as may be needed to retire all of the bonds secured by such
11-20 Division which portion shall be set aside and remain a part of such
11-21 Division for the purpose of retiring all such bonds, may be used
11-22 for the purpose of paying the principal and the interest thereon,
11-23 together with the expenses herein authorized, of any other bonds
11-24 heretofore or hereafter issued and sold by said Board. Such use
11-25 shall be a matter for the discretion and direction of said Board;
11-26 but there may be no such use of any such moneys contrary to the
11-27 rights of any holder of any of the bonds issued and sold by said
12-1 Board or violative of any contract to which said Board is a party.]
12-2 [The Veterans' Land Fund shall be used by said Board for the
12-3 purpose of purchasing lands situated in the State of Texas owned by
12-4 the United States or any governmental agency thereof, owned by the
12-5 Texas Prison System or any other governmental agency of the State
12-6 of Texas, or owned by any person, firm, or corporation. All lands
12-7 thus purchased shall be acquired at the lowest price obtainable, to
12-8 be paid for in cash, and shall be a part of said Fund. Such lands
12-9 heretofore or hereafter purchased and comprising a part of said
12-10 Fund are hereby declared to be held for a governmental purpose,
12-11 although the individual purchasers thereof shall be subject to
12-12 taxation to the same extent and in the same manner as are
12-13 purchasers of lands dedicated to the Permanent Free Public School
12-14 Fund.]
12-15 [The lands of the Veterans' Land Fund shall be sold by said
12-16 Board in such quantities, on such terms, at such prices, at such
12-17 rates of interest and under such rules and regulations as are now
12-18 or may hereafter be provided by law to veterans, as they are now or
12-19 may hereafter be defined by the laws of the State of Texas. The
12-20 foregoing notwithstanding, any lands in the Veterans' Land Fund
12-21 which have been first offered for sale to veterans and which have
12-22 not been sold may be sold or resold to such purchasers, in such
12-23 quantities, and on such terms, and at such prices and rates of
12-24 interest, and under such rules and regulations as are now or may
12-25 hereafter be provided by law.]
12-26 (e) Said Veterans' Land Fund, to the extent of the moneys
12-27 attributable to any bonds hereafter issued and sold by said Board
13-1 may be used by said Board, as is now or may hereafter be provided
13-2 by law, for the purpose of paying the expenses of surveying,
13-3 monumenting, road construction, legal fees, recordation fees,
13-4 advertising and other like costs necessary or incidental to the
13-5 purchase and sale, or resale, of any lands purchased with any of
13-6 the moneys attributable to such additional bonds, such expenses to
13-7 be added to the price of such lands when sold, or resold, by said
13-8 Board; for the purpose of paying the expenses of issuing, selling,
13-9 and delivering any such additional bonds; and for the purpose of
13-10 meeting the expenses of paying the interest or principal due or to
13-11 become due on any such additional bonds.
13-12 [All of the moneys attributable to any series of bonds
13-13 hereafter issued and sold by said Board (a "series of bonds" being
13-14 all of the bonds issued and sold in a single transaction as a
13-15 single installment of bonds) may be used for the purchase of lands
13-16 as herein provided, to be sold as herein provided, for a period
13-17 ending eight (8) years after the date of sale of such series of
13-18 bonds; provided, however, that so much of such moneys as may be
13-19 necessary to pay interest on bonds hereafter issued and sold shall
13-20 be set aside for that purpose in accordance with the resolution
13-21 adopted by said Board authorizing the issuance and sale of such
13-22 series of bonds. After such eight (8) year period, all of such
13-23 moneys shall be set aside for the retirement of any bonds hereafter
13-24 issued and sold and to pay interest thereon, together with any
13-25 expenses as provided herein, in accordance with the resolution or
13-26 resolutions authorizing the issuance and sale of such additional
13-27 bonds, until there are sufficient moneys to retire all of the bonds
14-1 hereafter issued and sold, at which time all such moneys then
14-2 remaining a part of said Veterans' Land Fund and thereafter
14-3 becoming a part of said Fund shall be governed as elsewhere
14-4 provided herein.]
14-5 [This Amendment being intended only to establish a basic
14-6 framework and not to be a comprehensive treatment of the Veterans'
14-7 Land Program, there is hereby reposed in the Legislature full power
14-8 to implement and effectuate the design and objects of this
14-9 Amendment, including the power to delegate such duties,
14-10 responsibilities, functions, and authority to the Veterans' Land
14-11 Board as it believes necessary.]
14-12 [Should the Legislature enact any enabling laws in
14-13 anticipation of this Amendment, no such law shall be void by reason
14-14 of its anticipatory nature.]
14-15 [Sec. 49-b-1. (a) In addition to the general obligation
14-16 bonds authorized to be issued and to be sold by the Veterans' Land
14-17 Board by Section 49-b of this article, the Veterans' Land Board may
14-18 provide for, issue, and sell not to exceed $1.3 billion in bonds of
14-19 the State of Texas, $800 million of which have heretofore been
14-20 authorized to provide financing to veterans of the state in
14-21 recognition of their service to their state and country.]
14-22 (f) [(b)] For purposes of this section, "veteran" means a
14-23 person who satisfies the definition of "veteran" as [is now or may
14-24 hereafter be] set forth by the laws of the State of Texas.
14-25 [(c) The bonds shall be sold for not less than par value and
14-26 accrued interest; shall be issued in such forms and denominations,
14-27 upon such terms, at such times and places, and in such installments
15-1 as may be determined by the board; and, notwithstanding the rate of
15-2 interest specified by any other provision of this constitution,
15-3 shall bear a rate or rates of interest fixed by the board. All
15-4 bonds issued and sold pursuant to Subsections (a) through (f) of
15-5 this section shall, after execution by the board, approval by the
15-6 Attorney General of Texas, registration by the Comptroller of
15-7 Public Accounts of the State of Texas, and delivery to the
15-8 purchaser or purchasers, be incontestable and shall constitute
15-9 general obligations of the state under the Constitution of Texas.]
15-10 [(d) Three hundred million dollars of the state bonds
15-11 authorized by this section shall be used to augment the Veterans'
15-12 Land Fund. The Veterans' Land Fund shall be used by the board for
15-13 the purpose of purchasing lands situated in the State of Texas
15-14 owned by the United States government or any agency thereof, the
15-15 State of Texas or any subdivision or agency thereof, or any person,
15-16 firm, or corporation. The lands shall be sold to veterans in such
15-17 quantities, on such terms, at such prices, at such rates of
15-18 interest, and under such rules and regulations as may be authorized
15-19 by law. The expenses of the board in connection with the issuance
15-20 of the bonds and the purchase and sale of the lands may be paid
15-21 from money in the fund. The Veterans' Land Fund shall continue to
15-22 consist of any lands purchased by the board until the sale price
15-23 therefor, together with any interest and penalties due, have been
15-24 received by the board (although nothing herein shall prevent the
15-25 board from accepting full payment for a portion of any tract) and
15-26 of the money attributable to any bonds issued and sold by the board
15-27 for the Veterans' Land Fund, which money so attributable shall
16-1 include but shall not be limited to the proceeds from the issuance
16-2 and sale of such bonds; the money received from the sale or resale
16-3 of any lands, or rights therein, purchased from such proceeds; the
16-4 money received from the sale or resale of any lands, or rights
16-5 therein, purchased with other money attributable to such bonds; the
16-6 interest and penalties received from the sale or resale of such
16-7 lands, or rights therein; the bonuses, income, rents, royalties,
16-8 and any other pecuniary benefit received by the board from any such
16-9 lands; sums received by way of indemnity or forfeiture for the
16-10 failure of any bidder for the purchase of any such bonds to comply
16-11 with his bid and accept and pay for such bonds or for the failure
16-12 of any bidder for the purchase of any lands comprising a part of
16-13 the fund to comply with his bid and accept and pay for any such
16-14 lands; and interest received from investments of any such money.
16-15 The principal of and interest on the general obligation bonds
16-16 previously authorized by Section 49-b of this constitution shall be
16-17 paid out of the money of the fund in conformance with the
16-18 constitutional provisions authorizing such bonds. The principal of
16-19 and interest on the general obligation bonds authorized by this
16-20 section for the benefit of the Veterans' Land Fund shall be paid
16-21 out of the money of the fund, but the money of the fund which is
16-22 not immediately committed to the payment of principal and interest
16-23 on such bonds, the purchase of lands as herein provided, or the
16-24 payment of expenses as herein provided may be invested as
16-25 authorized by law until the money is needed for such purposes.]
16-26 (g) [(e)] The Veterans' Housing Assistance Fund [is created,
16-27 and $1 billion of the state bonds authorized by this section shall
17-1 be used for the Veterans' Housing Assistance Fund, $500 million of
17-2 which have heretofore been authorized. Money in the Veterans'
17-3 Housing Assistance Fund] shall be administered by the Veterans'
17-4 Land Board and shall be used for the purpose of making home
17-5 mortgage loans to veterans for housing within the State of Texas in
17-6 such quantities, on such terms, at such rates of interest, and
17-7 under such rules and regulations as may be authorized by law. The
17-8 expenses of the board in connection with the issuance of the bonds
17-9 for the benefit of the Veterans' Housing Assistance Fund and the
17-10 making of the loans may be paid from money in the fund. [The
17-11 Veterans' Housing Assistance Fund shall consist of any interest of
17-12 the board in all home mortgage loans made to veterans by the board
17-13 pursuant to a Veterans' Housing Assistance Program which the
17-14 legislature may establish by appropriate legislation until, with
17-15 respect to any such home mortgage loan, the principal amount,
17-16 together with any interest and penalties due, have been received by
17-17 the board; the money attributable to any bonds issued and sold by
17-18 the board to provide money for the fund, which money so
17-19 attributable shall include but shall not be limited to the proceeds
17-20 from the issuance and sale of such bonds; income, rents, and any
17-21 other pecuniary benefit received by the board as a result of making
17-22 such loans; sums received by way of indemnity or forfeiture for the
17-23 failure of any bidder for the purchase of any such bonds to comply
17-24 with his bid and accept and pay for such bonds; and interest
17-25 received from investments of any such money.] The principal of and
17-26 interest on the general obligation bonds authorized by this section
17-27 for the benefit of the Veterans' Housing Assistance Fund shall be
18-1 paid out of the money of the fund, but the money of the fund which
18-2 is not immediately committed to the payment of principal and
18-3 interest on such bonds, the making of home mortgage loans as herein
18-4 provided, or the payment of expenses as herein provided may be
18-5 invested as authorized by law until the money is needed for such
18-6 purposes.
18-7 [(f) To the extent there is not money in either the
18-8 Veterans' Land Fund or the Veterans' Housing Assistance Fund as the
18-9 case may be, available for payment of principal of and interest on
18-10 the general obligation bonds authorized by this section to provide
18-11 money for either of the funds, there is hereby appropriated out of
18-12 the first money coming into the treasury in each fiscal year, not
18-13 otherwise appropriated by this constitution, an amount which is
18-14 sufficient to pay the principal of and interest on such general
18-15 obligation bonds that mature or become due during that fiscal year.]
18-16 [(g) Receipt of all kinds of the funds determined by the
18-17 board not to be required for the payment of principal of and
18-18 interest on the general obligation bonds herein authorized,
18-19 heretofore authorized, or hereafter authorized by this constitution
18-20 to be issued by the board to provide money for either of the funds
18-21 may be used by the board, to the extent not inconsistent with the
18-22 proceedings authorizing such bonds, to pay the principal of and
18-23 interest on general obligation bonds issued to provide money for
18-24 the other fund, or to pay the principal of and interest on revenue
18-25 bonds of the board issued for the purposes of providing funds for
18-26 the purchasing of lands and making the sale thereof to veterans or
18-27 making home mortgage loans to veterans as provided by this section.
19-1 The revenue bonds shall be special obligations and payable only
19-2 from the receipt of the funds and shall not constitute indebtedness
19-3 of the state or the Veterans' Land Board. The board is authorized
19-4 to issue such revenue bonds from time to time which shall not
19-5 exceed an aggregate principal amount that can be fully retired from
19-6 the receipts of the funds and other revenues pledged to the
19-7 retirement of the revenue bonds. The revenue bonds shall be issued
19-8 in such forms and denominations, upon such terms, at such times and
19-9 places, and in such installments as may be determined by the board;
19-10 and, notwithstanding the rate of interest specified by any other
19-11 provision of the constitution, shall bear a rate or rates of
19-12 interest fixed by the board.]
19-13 [(h) This Amendment being intended only to establish a basic
19-14 framework and not to be a comprehensive treatment of the Veterans'
19-15 Housing Assistance Program and the Veterans' Land Program, there is
19-16 hereby reposed in the Legislature full power to implement and
19-17 effectuate the design and objects of this Amendment, including the
19-18 power to delegate such duties, responsibilities, functions, and
19-19 authority to the Veterans' Land Board as it believes necessary.]
19-20 [Sec. 49-b-2. (a) In addition to the general obligation
19-21 bonds authorized to be issued and to be sold by the Veterans' Land
19-22 Board by Sections 49-b and 49-b-1 of this article, the Veterans'
19-23 Land Board may provide for, issue, and sell general obligation
19-24 bonds of the state in an amount not to exceed $750 million, to
19-25 provide financing to veterans of the state in recognition of their
19-26 service to their state and the United States of America.]
19-27 (h) The [(b) Two hundred fifty million dollars of the
20-1 general obligation bonds authorized by this section shall be used
20-2 to augment the Veterans' Land Fund. Notwithstanding any provision
20-3 of Section 49-b or 49-b-1 of this article to the contrary, the]
20-4 Veterans' Land Fund shall be used by the Veterans' Land Board to
20-5 purchase lands situated in the state owned by the United States
20-6 government, an agency of the United States government, this state,
20-7 a political subdivision or agency of this state, or a person, firm,
20-8 or corporation.
20-9 (i) Lands purchased and comprising a part of the Veterans'
20-10 Land Fund are declared to be held for a governmental purpose, but
20-11 the individual purchasers of those lands shall be subject to
20-12 taxation to the same extent and in the same manner as are
20-13 purchasers of lands dedicated to the Permanent Free Public School
20-14 Fund. The lands shall be sold to veterans in quantities, on terms,
20-15 at prices, and at fixed, variable, floating, or other rates of
20-16 interest, determined by the Board and in accordance with rules of
20-17 the Board. Notwithstanding any provisions of this section to the
20-18 contrary, lands in the Veterans' Land Fund that are offered for
20-19 sale to veterans and that are not sold may be sold or resold to the
20-20 purchasers in quantities, on terms, at prices, and at rates of
20-21 interest determined by the Board and in accordance with rules of
20-22 the Board.
20-23 (j) The expenses of the Board in connection with the
20-24 issuance of the bonds for the benefit of the Veterans' Land Fund
20-25 and the purchase and sale of the lands may be paid from money in
20-26 the Veterans' Land Fund.
20-27 (k) [(c)] The Veterans' Land Fund shall consist of:
21-1 (1) lands heretofore or hereafter purchased by the
21-2 Board;
21-3 (2) money attributable to bonds heretofore or
21-4 hereafter issued and sold by the Board for the fund, including
21-5 proceeds from the issuance and sale of the bonds;
21-6 (3) money received from the sale or resale of lands or
21-7 rights in lands purchased from those proceeds;
21-8 (4) money received from the sale or resale of lands or
21-9 rights in lands purchased with other money attributable to the
21-10 bonds;
21-11 (5) proceeds derived from the sale or other
21-12 disposition of the Board's interest in contracts for the sale or
21-13 resale of lands or rights in lands;
21-14 (6) interest and penalties received from the sale or
21-15 resale of lands or rights in lands;
21-16 (7) bonuses, income, rents, royalties, and other
21-17 pecuniary benefits received by the Board from lands;
21-18 (8) money received by way of indemnity or forfeiture
21-19 for the failure of a bidder for the purchase of bonds to comply
21-20 with the bid and accept and pay for the bonds or for the failure of
21-21 a bidder for the purchase of lands comprising a part of the
21-22 Veterans' Land Fund to comply with the bid and accept and pay for
21-23 the lands;
21-24 (9) payments received by the Board under a bond
21-25 enhancement agreement with respect to the bonds; and
21-26 (10) interest received from investments of money in
21-27 the fund.
22-1 (l) [(d)] The principal of and interest on the general
22-2 obligation bonds [authorized by this section] for the benefit of
22-3 the Veterans' Land Fund, including payments by the Board under a
22-4 bond enhancement agreement with respect to principal of or interest
22-5 on the bonds, shall be paid out of the money of the Veterans' Land
22-6 Fund, but the money in the fund that is not immediately committed
22-7 to the payment of principal and interest on the bonds, the purchase
22-8 of lands, or the payment of expenses may be invested as authorized
22-9 by law until the money is needed for those purposes.
22-10 (m) [(e)] The Veterans' Housing Assistance Fund II [is
22-11 created, and $500 million of the general obligation bonds
22-12 authorized by this section shall be used for the Veterans' Housing
22-13 Assistance Fund II. The Veterans' Housing Assistance Fund II] is a
22-14 separate and distinct fund from the Veterans' Housing Assistance
22-15 Fund [established under Section 49-b-1 of this article]. Money in
22-16 the Veterans' Housing Assistance Fund II shall be administered by
22-17 the Veterans' Land Board and shall be used to make home mortgage
22-18 loans to veterans for housing within this state in quantities, on
22-19 terms, and at fixed, variable, floating, or other rates of
22-20 interest, determined by the Board and in accordance with rules of
22-21 the Board. The expenses of the Board in connection with the
22-22 issuance of the bonds for the benefit of the Veterans' Housing
22-23 Assistance Fund II and the making of the loans may be paid from
22-24 money in the Veterans' Housing Assistance Fund II.
22-25 (n) [(f)] The Veterans' Housing Assistance Fund II shall
22-26 consist of:
22-27 (1) the Board's interest in home mortgage loans the
23-1 Board makes to veterans from money in the fund under the Veterans'
23-2 Housing Assistance Program established by law;
23-3 (2) proceeds derived from the sale or other
23-4 disposition of the Board's interest in home mortgage loans;
23-5 (3) money attributable to bonds issued and sold by the
23-6 Board to provide money for the fund, including the proceeds from
23-7 the issuance and sale of bonds;
23-8 (4) income, rents, and other pecuniary benefits
23-9 received by the Board as a result of making loans;
23-10 (5) money received by way of indemnity or forfeiture
23-11 for the failure of a bidder for the purchase of bonds to comply
23-12 with the bid and accept and pay for the bonds;
23-13 (6) payments received by the Board under a bond
23-14 enhancement agreement with respect to the bonds; and
23-15 (7) interest received from investments of money.
23-16 (o) [(g)] The principal of and interest on the general
23-17 obligation bonds [authorized by this section] for the benefit of
23-18 the Veterans' Housing Assistance Fund II, including payments by the
23-19 Board under a bond enhancement agreement with respect to principal
23-20 of or interest on the bonds, shall be paid out of the money of the
23-21 Veterans' Housing Assistance Fund II, but the money in the fund
23-22 that is not immediately committed to the payment of principal and
23-23 interest on the bonds, the making of home mortgage loans, or the
23-24 payment of expenses may be invested as authorized by law until the
23-25 money is needed for those purposes.
23-26 (p) The [(h) Notwithstanding the provisions of Section
23-27 49-b-1 of this article to the contrary, the] Veterans' Housing
24-1 Assistance Fund shall consist of:
24-2 (1) the Board's interest in home mortgage loans the
24-3 Board makes to veterans from money in the fund under the Veterans'
24-4 Housing Assistance Program established by law;
24-5 (2) proceeds derived from the sale or other
24-6 disposition of the Board's interest in home mortgage loans;
24-7 (3) money attributable to bonds issued and sold by the
24-8 Board to provide money for the fund, including proceeds from the
24-9 issuance and sale of bonds;
24-10 (4) income, rents, and other pecuniary benefits
24-11 received by the Board as a result of making loans;
24-12 (5) money received by way of indemnity or forfeiture
24-13 for the failure of a bidder for the purchase of bonds to comply
24-14 with the bid and accept and pay for the bonds;
24-15 (6) payments received by the Board under a bond
24-16 enhancement agreement with respect to the bonds; and
24-17 (7) interest received from investments of money.
24-18 (q) [(i)] The principal of and interest on the general
24-19 obligation bonds [authorized by Section 49-b-1 of this article] for
24-20 the benefit of the Veterans' Housing Assistance Fund, including
24-21 payments by the Board under a bond enhancement agreement with
24-22 respect to principal of or interest on the bonds, shall be paid out
24-23 of money in the Veterans' Housing Assistance Fund.
24-24 (r) [(j)] If there is not enough money in the Veterans' Land
24-25 Fund, the Veterans' Housing Assistance Fund, or the Veterans'
24-26 Housing Assistance Fund II, as the case may be, available to pay
24-27 the principal of and interest on the general obligation bonds
25-1 benefiting those funds [authorized by this section or by Section
25-2 49-b or 49-b-1 of this article], including money to make payments
25-3 by the Board under a bond enhancement agreement with respect to
25-4 principal of or interest on the bonds, there is appropriated out of
25-5 the first money coming into the treasury in each fiscal year, not
25-6 otherwise appropriated by this constitution, an amount that is
25-7 sufficient to pay the principal of and interest on the general
25-8 obligation bonds that mature or become due during that fiscal year
25-9 or to make bond enhancement payments with respect to those bonds.
25-10 (s) Receipts [(k) Notwithstanding any provisions of Section
25-11 49-b or 49-b-1 of this article to the contrary, receipts] of all
25-12 kinds of the Veterans' Land Fund, the Veterans' Housing Assistance
25-13 Fund, or the Veterans' Housing Assistance Fund II that the Board
25-14 determines are not required for the payment of principal of and
25-15 interest on the general obligation bonds benefiting those funds,
25-16 including payments by the Board under a bond enhancement agreement
25-17 with respect to principal of or interest on the bonds, [authorized
25-18 by this section or by Section 49-b or 49-b-1 of this article or
25-19 otherwise authorized by this constitution to be issued by the Board
25-20 to provide money for the fund,] may be used by the Board, to the
25-21 extent not inconsistent with the proceedings authorizing the bonds
25-22 to:
25-23 (1) make temporary transfers to another of those funds
25-24 to avoid a temporary cash deficiency in that fund or make a
25-25 transfer to another of those funds for the purposes of that fund;
25-26 (2) pay the principal of and interest on general
25-27 obligation bonds issued to provide money for another of those funds
26-1 or make bond enhancement payments with respect to the bonds; or
26-2 (3) pay the principal of and interest on revenue bonds
26-3 of the Board or make bond enhancement payments with respect to the
26-4 bonds if the bonds are issued to provide funds to purchase lands
26-5 and sell lands to veterans or make home mortgage loans to veterans.
26-6 (t) [(l)] If the Board determines that assets from the
26-7 Veterans' Land Fund, the Veterans' Housing Assistance Fund, or the
26-8 Veterans' Housing Assistance Fund II are not required for the
26-9 purposes of the fund, the Board may transfer the assets to another
26-10 of those funds or use the assets to secure revenue bonds issued by
26-11 the Board under this section.
26-12 (u) [(m)] The revenue bonds shall be special obligations of
26-13 the Board and payable only from and secured only by receipts of the
26-14 funds, assets transferred from the funds, and other revenues and
26-15 assets as determined by the Board and shall not constitute
26-16 indebtedness of the state or the Veterans' Land Board. The Board
26-17 may issue revenue bonds from time to time, which bonds may not
26-18 exceed an aggregate principal amount that the Board determines can
26-19 be fully retired from the receipts of the funds, the assets
26-20 transferred from the funds, and the other revenues and assets
26-21 pledged to the retirement of the revenue bonds. [The revenue bonds
26-22 shall be issued and sold in forms and denominations, in the manner,
26-23 on terms, at times and places, and in installments the Board
26-24 determines.] Notwithstanding the rate of interest specified by any
26-25 other provision of this constitution, [the] revenue bonds shall
26-26 bear a rate or rates of interest the Board determines. A
26-27 determination made by the Board under this subsection shall be
27-1 binding and conclusive as to the matter determined.
27-2 (v) The [(n) Notwithstanding any provisions of Section 49-b
27-3 or 49-b-1 of this article to the contrary, the] bonds authorized to
27-4 be issued and sold by the Veterans' Land Board [by this section or
27-5 by Sections 49-b and 49-b-1 of this article] shall be issued and
27-6 sold in forms and denominations, on terms, at times, in the manner,
27-7 at places, and in installments the Board determines. The bonds
27-8 shall bear a rate or rates of interest the Board determines. The
27-9 bonds shall be incontestable after execution by the Board, approval
27-10 by the Attorney General of Texas, and delivery to the purchaser or
27-11 purchasers of the bonds.
27-12 (w) [(o)] This Amendment being intended only to establish a
27-13 basic framework and not to be a comprehensive treatment of the
27-14 Veterans' Housing Assistance Program and the Veterans' Land
27-15 Program, there is hereby reposed in the Legislature full power to
27-16 implement and effectuate the design and objects of this Amendment,
27-17 including the power to delegate such duties, responsibilities,
27-18 functions, and authority to the Veterans' Land Board as it believes
27-19 necessary.
27-20 [(p) In this section, "veteran" has the meaning assigned by
27-21 Section 49-b-1 of this article.]
27-22 [Sec. 49-b-3. (a) In addition to the general obligation
27-23 bonds authorized to be issued and to be sold by the Veterans' Land
27-24 Board by Sections 49-b, 49-b-1, and 49-b-2 of this article, the
27-25 Veterans' Land Board may provide for, issue, and sell general
27-26 obligation bonds of the state in an amount not to exceed $500
27-27 million to provide housing financing to veterans of the state in
28-1 recognition of their service to this state and the United States.
28-2 The Veterans' Land Board may enter into bond enhancement agreements
28-3 with respect to the bonds. The proceeds from the issuance and sale
28-4 of the bonds authorized by this section shall be used to augment
28-5 the Veterans' Housing Assistance Fund II to be administered and
28-6 invested as provided by law.]
28-7 [(b) The principal of and interest on the general obligation
28-8 bonds authorized by this section, including payments under bond
28-9 enhancement agreements with respect to principal of or interest on
28-10 the bonds, shall be payable from the sources and in the manner
28-11 provided by Section 49-b-2 of this article for general obligation
28-12 bonds issued under that section to augment the Veterans' Housing
28-13 Assistance Fund II.]
28-14 [(c) The general obligation bonds authorized by this section
28-15 shall be issued and sold in forms and denominations, on terms, at
28-16 times, in the manner, at places, and in installments the Veterans'
28-17 Land Board determines. The bonds shall bear a rate or rates of
28-18 interest the Veterans' Land Board determines. The bonds authorized
28-19 by this section shall be incontestable after execution by the
28-20 Veterans' Land Board, approval by the attorney general, and
28-21 delivery to the purchaser or purchasers of the bonds.]
28-22 SECTION 15. Sections 49-c, 49-d, 49-d-1, 49-d-2, 49-d-5,
28-23 49-d-6, 49-d-7, and 49-d-8, Article III, Texas Constitution, are
28-24 amended to read as follows:
28-25 Sec. 49-c. (a) The Texas Water Development Board, [There is
28-26 hereby created as] an agency of the State of Texas, shall [the
28-27 Texas Water Development Board to] exercise such powers as necessary
29-1 under this provision together with such other duties and
29-2 restrictions as may be prescribed by law. The qualifications,
29-3 compensation, and number of members of said Board shall be
29-4 determined by law. They shall be appointed by the Governor with
29-5 the advice and consent of the Senate in the manner and for such
29-6 terms as may be prescribed by law.
29-7 (b) The Texas Water Development Board shall have the
29-8 authority to provide for, issue and sell general obligation bonds
29-9 of the State of Texas as authorized by constitutional amendment or
29-10 by a debt proposition under Section 49 of this article [in an
29-11 amount not to exceed One Hundred Million Dollars ($100,000,000)].
29-12 [The Legislature of Texas, upon two-thirds (2/3) vote of the
29-13 elected Members of each House, may authorize the Board to issue
29-14 additional bonds in an amount not exceeding One Hundred Million
29-15 Dollars ($100,000,000).] The bonds [authorized herein or permitted
29-16 to be authorized by the Legislature] shall be called "Texas Water
29-17 Development Bonds," shall be executed in such form, denominations
29-18 and upon such terms as may be prescribed by law, and [provided,
29-19 however, that the bonds shall not bear more than four per cent (4%)
29-20 interest per annum; they] may be issued in such installments as the
29-21 Board finds feasible and practical in accomplishing the purpose set
29-22 forth herein.
29-23 (c) All moneys received from the sale of the [State] bonds
29-24 shall be deposited in a fund hereby created in the State Treasury
29-25 to be known as the Texas Water Development Fund to be administered
29-26 (without further appropriation) by the Texas Water Development
29-27 Board in such manner as prescribed by law.
30-1 (d) Such fund shall be used only for the purpose of aiding
30-2 or making funds available upon such terms and conditions as the
30-3 Legislature may prescribe, to the various political subdivisions or
30-4 bodies politic and corporate of the State of Texas including river
30-5 authorities, conservation and reclamation districts and districts
30-6 created or organized or authorized to be created or organized under
30-7 Article XVI, Section 59 or Article III, Section 52, of this
30-8 Constitution, interstate compact commissions to which the State of
30-9 Texas is a party and municipal corporations, in the conservation
30-10 and development of the water resources of this State, including the
30-11 control, storing and preservation of its storm and flood waters and
30-12 the waters of its rivers and streams, for all useful and lawful
30-13 purposes by the acquisition, improvement, extension, or
30-14 construction of dams, reservoirs and other water storage projects,
30-15 including any system necessary for the transportation of water from
30-16 storage to points of treatment and/or distribution, including
30-17 facilities for transporting water therefrom to wholesale
30-18 purchasers, or for any one or more of such purposes or methods.
30-19 (e) Any or all financial assistance as provided herein shall
30-20 be repaid with interest upon such terms, conditions and manner of
30-21 repayment as may be provided by law.
30-22 (f) While any of the Texas Water Development Bonds [bonds
30-23 authorized by this provision or while any of the bonds that may be
30-24 authorized by the Legislature under this provision], or any
30-25 interest on any of such bonds, is outstanding and unpaid, there is
30-26 hereby appropriated out of the first moneys coming into the
30-27 Treasury in each fiscal year, not otherwise appropriated by this
31-1 Constitution, an amount which is sufficient to pay the principal
31-2 and interest on such bonds that mature or become due during such
31-3 fiscal year, less the amount in the sinking fund at the close of
31-4 the prior fiscal year.
31-5 (g) The Legislature may provide for the investment of moneys
31-6 available in the Texas Water Development Fund, and the interest and
31-7 sinking funds established for the payment of bonds issued by the
31-8 Texas Water Development Board. Income from such investment shall
31-9 be used for the purposes prescribed by the Legislature. The
31-10 Legislature may also make appropriations from the General Revenue
31-11 Fund for paying administrative expenses of the Board.
31-12 (h) From the moneys received by the Texas Water Development
31-13 Board as repayment of principal for financial assistance or as
31-14 interest thereon, there shall be deposited in the interest and
31-15 sinking fund for the bonds [authorized by this Section] sufficient
31-16 moneys to pay the interest and principal to become due during the
31-17 ensuing year and sufficient to establish and maintain a reserve in
31-18 said fund equal to the average annual principal and interest
31-19 requirements on all outstanding bonds [issued under this Section].
31-20 If any year [prior to December 31, 1982] moneys are received in
31-21 excess of the foregoing requirements then such excess shall be
31-22 deposited to the Texas Water Development Fund, and may be used for
31-23 administrative expenses of the Board and for the same purposes and
31-24 upon the same terms and conditions prescribed for the proceeds
31-25 derived from the sale of such State bonds. [No grant of financial
31-26 assistance shall be made under the provisions of this Section after
31-27 December 31, 1982, and all moneys thereafter received as repayment
32-1 of principal for financial assistance or as interest thereon shall
32-2 be deposited in the interest and sinking fund for the State bonds;
32-3 except that such amount as may be required to meet the
32-4 administrative expenses of the Board may be annually set aside; and
32-5 provided, that after all State bonds have been fully paid with
32-6 interest, or after there are on deposit in the interest and sinking
32-7 fund sufficient moneys to pay all future maturities of principal
32-8 and interest, additional moneys so received shall be deposited to
32-9 the General Revenue Fund.]
32-10 (i) All Texas Water Development Bonds [bonds issued
32-11 hereunder] shall after approval by the Attorney General,
32-12 registration by the Comptroller of Public Accounts of the State of
32-13 Texas, and delivery to the purchasers, be incontestable and shall
32-14 constitute general obligations of the State of Texas under the
32-15 Constitution of Texas.
32-16 [Should the Legislature enact enabling laws in anticipation
32-17 of the adoption of this amendment, such acts shall not be void by
32-18 reason of their anticipatory nature.]
32-19 Sec. 49-d. (a) It is hereby declared to be the policy of
32-20 the State of Texas to encourage the optimum development of the
32-21 limited number of feasible sites available for the construction or
32-22 enlargement of dams and reservoirs for conservation of the public
32-23 waters of the state, which waters are held in trust for the use and
32-24 benefit of the public, and to encourage the optimum regional
32-25 development of systems built for the filtration, treatment, and
32-26 transmission of water and wastewater. The proceeds from the sale
32-27 of [the additional] bonds [authorized hereunder] deposited in the
33-1 Texas Water Development Fund [and the proceeds of bonds previously
33-2 authorized by Article III, Section 49-c of this Constitution,] may
33-3 be used by the Texas Water Development Board, under such provisions
33-4 as the Legislature may prescribe by General Law, including the
33-5 requirement of a permit for storage or beneficial use, for the
33-6 additional purposes of acquiring and developing storage facilities,
33-7 and any system or works necessary for the filtration, treatment and
33-8 transportation of water or wastewater, or for any one or more of
33-9 such purposes or methods, whether or not such a system or works is
33-10 connected with a reservoir in which the state has a financial
33-11 interest; provided, however, the Texas Water Development Fund or
33-12 any other state fund provided for water development, transmission,
33-13 transfer or filtration shall not be used to finance any project
33-14 which contemplates or results in the removal from the basin of
33-15 origin of any surface water necessary to supply the reasonably
33-16 foreseeable future water requirements for the next ensuing
33-17 fifty-year period within the river basin of origin, except on a
33-18 temporary, interim basis.
33-19 (b) Under such provisions as the Legislature may prescribe
33-20 by General Law the Texas Water Development Fund may be used for the
33-21 conservation and development of water for useful purposes by
33-22 construction or reconstruction or enlargement of reservoirs
33-23 constructed or to be constructed or enlarged within the State of
33-24 Texas or on any stream constituting a boundary of the State of
33-25 Texas, together with any system or works necessary for the
33-26 filtration, treatment and/or transportation of water, by any one or
33-27 more of the following governmental agencies: by the United States
34-1 of America or any agency, department or instrumentality thereof; by
34-2 the State of Texas or any agency, department or instrumentality
34-3 thereof; by political subdivisions or bodies politic and corporate
34-4 of the state; by interstate compact commissions to which the State
34-5 of Texas is a party; and by municipal corporations. The
34-6 Legislature shall provide terms and conditions under which the
34-7 Texas Water Development Board may sell, transfer or lease, in whole
34-8 or in part, any reservoir and associated system or works which the
34-9 Texas Water Development Board has financed in whole or in part.
34-10 (c) Under such provisions as the Legislature may prescribe
34-11 by General Law, the Texas Water Development Board may also execute
34-12 long-term contracts with the United States or any of its agencies
34-13 for the acquisition and development of storage facilities in
34-14 reservoirs constructed or to be constructed by the Federal
34-15 Government. Such contracts when executed shall constitute general
34-16 obligations of the State of Texas in the same manner and with the
34-17 same effect as state bonds issued under the authority of [the
34-18 preceding] Section 49-c of this article [Constitution], and the
34-19 provisions of [in said] Section 49-c of this article with respect
34-20 to payment of principal and interest on state bonds issued shall
34-21 likewise apply with respect to payment of principal and interest
34-22 required to be paid by such contracts. If storage facilities are
34-23 required for a term of years, such contracts shall contain
34-24 provisions for renewal that will protect the state's investment.
34-25 [The aggregate of the bonds authorized hereunder shall not
34-26 exceed $200,000,000 and shall be in addition to the aggregate of
34-27 the bonds previously authorized by said Section 49-c of Article III
35-1 of this Constitution. The Legislature upon two-thirds (2/3) vote
35-2 of the elected members of each House, may authorize the Board to
35-3 issue all or any portion of such $200,000,000 in additional bonds
35-4 herein authorized.]
35-5 (d) The Legislature shall provide terms and conditions for
35-6 the Texas Water Development Board to sell, transfer or lease, in
35-7 whole or in part, any acquired facilities or the right to use such
35-8 facilities at a price not less than the direct cost of the Board in
35-9 acquiring same; and the Legislature may provide terms and
35-10 conditions for the Board to sell any unappropriated public waters
35-11 of the state that might be stored in such facilities. As a
35-12 prerequisite to the purchase of such storage or water, the
35-13 applicant therefor shall have secured a valid permit from the state
35-14 [Texas Water Commission or its successor] authorizing the
35-15 acquisition of such storage facilities or the water impounded
35-16 therein. The money received from any sale, transfer or lease of
35-17 facilities shall be used to pay principal and interest on state
35-18 bonds issued or contractual obligations incurred by the Texas Water
35-19 Development Board, provided that when moneys are sufficient to pay
35-20 the full amount of indebtedness then outstanding and the full
35-21 amount of interest to accrue thereon, any further sums received
35-22 from the sale, transfer or lease of such facilities shall be
35-23 deposited and used as provided by law. Money received from the
35-24 sale of water, which shall include standby service, may be used for
35-25 the operation and maintenance of acquired facilities, and for the
35-26 payment of principal and interest on debt incurred.
35-27 [Should the Legislature enact enabling laws in anticipation
36-1 of the adoption of this Amendment, such Acts shall not be void by
36-2 reason of their anticipatory character.]
36-3 Sec. 49-d-1. (a) The Texas Water Development Board may
36-4 [shall upon direction of the Texas Water Quality Board, or any
36-5 successor agency designated by the Legislature,] issue [additional]
36-6 Texas Water Development Bonds as authorized by constitutional
36-7 amendment or by a debt proposition under Section 49 of this article
36-8 [up to an additional aggregate principal amount of $200,000,000] to
36-9 provide grants, loans, or any combination of grants and loans for
36-10 water quality enhancement purposes as established by the
36-11 Legislature[. The Texas Water Quality Board or any successor
36-12 agency designated by the Legislature may make such grants and
36-13 loans] to political subdivisions or bodies politic and corporate of
36-14 the State of Texas, including municipal corporations, river
36-15 authorities, conservation and reclamation districts, and districts
36-16 created or organized or authorized to be created or organized under
36-17 Article XVI, Section 59, or Article III, Section 52, of this
36-18 Constitution, State agencies, and interstate agencies and compact
36-19 commissions to which the State of Texas is a party, and upon such
36-20 terms and conditions as the Legislature may authorize by general
36-21 law. The bonds shall be issued for such terms, in such
36-22 denominations, form and installments, and upon such conditions as
36-23 the Legislature may authorize.
36-24 [(b) The proceeds from the sale of such bonds shall be
36-25 deposited in the Texas Water Development Fund to be invested and
36-26 administered as prescribed by law.]
36-27 [(c) The bonds authorized in this Section 49-d-1 and all
37-1 bonds authorized by Sections 49-c and 49-d of Article III shall
37-2 bear interest at not more than 6% per annum and mature as the Texas
37-3 Water Development Board shall prescribe, subject to the limitations
37-4 as may be imposed by the Legislature.]
37-5 (b) [(d)] The Texas Water Development Fund shall be used for
37-6 the purposes heretofore permitted by, and subject to the
37-7 limitations in this Section and Sections 49-c and[,] 49-d [and
37-8 49-d-1]; provided, however, that the financial assistance may be
37-9 made [pursuant to the provisions of Sections 49-c, 49-d and 49-d-1]
37-10 subject only to the availability of funds [and without regard to
37-11 the provisions in Section 49-c that such financial assistance
37-12 shall terminate after December 31, 1982].
37-13 [(e) Texas Water Development Bonds are secured by the
37-14 general credit of the State and shall after approval by the
37-15 Attorney General, registration by the Comptroller of Public
37-16 Accounts of the State of Texas, and delivery to the purchasers, be
37-17 incontestable and shall constitute general obligations of the State
37-18 of Texas under the Constitution of Texas.]
37-19 [(f) Should the Legislature enact enabling laws in
37-20 anticipation of the adoption of this amendment, such Acts shall not
37-21 be void by reason of their anticipatory character.]
37-22 Sec. 49-d-2. [(a)] The Texas Water Development Board may
37-23 issue [additional] Texas Water Development Bonds [up to an
37-24 additional aggregate principal amount of $980 million. Of the
37-25 additional bonds authorized to be issued, $590 million of those
37-26 bonds are dedicated for use for the purposes provided by Sections
37-27 49-c and 49-d of this article with $400 million of those bonds to
38-1 be used for state participation in the acquisition and development
38-2 of facilities for the storage, transmission, transportation, and
38-3 treatment of water and wastewater as authorized by Section 49-d of
38-4 this article. The legislature may set limits on the extent of
38-5 state participation in projects in each fiscal year through the
38-6 General Appropriations Act or other law, and state participation is
38-7 limited to 50 percent of the funding for any single project. Of
38-8 the additional bonds authorized, $190 million are dedicated for use
38-9 for the purposes provided by Section 49-d-1 of this article and
38-10 $200 million are dedicated exclusively] for flood control projects
38-11 and [may be made available] for any acquisition or construction
38-12 necessary to achieve structural and nonstructural flood control
38-13 purposes.
38-14 [(b) The Texas Water Development Board shall issue the
38-15 additional bonds authorized by this section for the terms, in the
38-16 denominations, form, and installments, on the conditions, and
38-17 subject to the limitations provided by Sections 49-c, 49-d, and
38-18 49-d-1 of this article and by laws adopted by the legislature
38-19 implementing those sections.]
38-20 [(c) Proceeds from the sale of the bonds authorized by this
38-21 section shall be deposited in the Texas water development fund to
38-22 be administered and invested as provided by law.]
38-23 [(d) Financial assistance made available for the purposes
38-24 provided by this section is subject only to availability of funds.
38-25 The requirement of Section 49-c of this article that financial
38-26 assistance terminate on December 31, 1982, does not apply to
38-27 financial assistance made available under this section.]
39-1 [(e) Bonds issued under this section shall bear interest as
39-2 provided by Section 65 of this article.]
39-3 Sec. 49-d-5. For the purpose of any program established or
39-4 authorized by [Section 49-c, 49-d, 49-d-1, 49-d-2, or 49-d-4 of]
39-5 this article and administered by the Texas Water Development Board,
39-6 the legislature by law may extend any benefits to nonprofit water
39-7 supply corporations that it may extend to a district created or
39-8 organized under Article XVI, Section 59, of this constitution.
39-9 Sec. 49-d-6. [(a) The Texas Water Development Board may
39-10 issue additional Texas Water Development Bonds up to an additional
39-11 aggregate principal amount of $400 million. Of the additional
39-12 bonds authorized to be issued, $200 million of those bonds shall be
39-13 used for purposes provided by Section 49-c of this article, $150
39-14 million of those bonds shall be used for purposes provided by
39-15 Section 49-d-1 of this article, and $50 million of those bonds
39-16 shall be used for flood control as provided by law.]
39-17 [(b)] The legislature may require review and approval of the
39-18 issuance of Texas Water Development Bonds [the bonds], of the use
39-19 of the bond proceeds, or of the rules adopted by an agency to
39-20 govern use of the bond proceeds. Notwithstanding any other
39-21 provision of this constitution, any entity created or directed to
39-22 conduct this review and approval may include members or appointees
39-23 of members of the executive, legislative, and judicial departments
39-24 of state government.
39-25 [(c) The Texas Water Development Board shall issue the
39-26 additional bonds authorized by this section for the terms, in the
39-27 denominations, form, and installments, on the conditions, and
40-1 subject to the limitations provided by Sections 49-c and 49-d-1 of
40-2 this article and by laws adopted by the legislature implementing
40-3 this section.]
40-4 [(d) Subsections (c) through (e) of Section 49-d-2 of this
40-5 article apply to the bonds authorized by this section.]
40-6 Sec. 49-d-7. (a) [The Texas Water Development Board may
40-7 issue additional Texas water development bonds up to an additional
40-8 aggregate principal amount of $500 million. Of the additional
40-9 bonds authorized to be issued, $250 million of those bonds shall be
40-10 used for purposes provided by Section 49-c of this article, $200
40-11 million of those bonds shall be used for purposes provided by
40-12 Section 49-d-1 of this article, and $50 million of those bonds
40-13 shall be used for flood control as provided by law.]
40-14 [(b)] The Texas Water Development Board may use the proceeds
40-15 of Texas water development bonds issued for the purposes provided
40-16 by Section 49-c of this article for the additional purpose of
40-17 providing financial assistance, on terms and conditions provided by
40-18 law, to various political subdivisions and bodies politic and
40-19 corporate of the state and to nonprofit water supply corporations
40-20 to provide for acquisition, improvement, extension, or construction
40-21 of water supply projects that involve the distribution of water to
40-22 points of delivery to wholesale or retail customers.
40-23 [(c) The legislature may require review and approval of the
40-24 issuance of the bonds, the use of the bond proceeds, or the rules
40-25 adopted by an agency to govern use of the bond proceeds.
40-26 Notwithstanding any other provision of this constitution, any
40-27 entity created or directed to conduct this review and approval may
41-1 include members or appointees of members of the executive,
41-2 legislative, and judicial departments of state government.]
41-3 [(d) Except as specifically provided by Subsection (e) of
41-4 this section, the Texas Water Development Board shall issue the
41-5 additional bonds authorized by this section for the terms, in the
41-6 denominations, form, and installments, on the conditions, and
41-7 subject to the limitations provided by Sections 49-c and 49-d-1 of
41-8 this article and by laws adopted by the legislature implementing
41-9 this section.]
41-10 (b) [(e)] The legislature may provide by law for subsidized
41-11 loans and grants from the proceeds of Texas water development bonds
41-12 [authorized by this section] to provide wholesale and retail water
41-13 and wastewater facilities to economically distressed areas of the
41-14 state as defined by law, provided, the principal amount of bonds
41-15 that may be issued for the purposes under this subsection may not
41-16 exceed $250 million [50 percent of the total amount of bonds
41-17 authorized by this section]. Separate accounts shall be
41-18 established in the water development fund for administering the
41-19 proceedings of bonds issued for purposes under this subsection, and
41-20 an interest and sinking fund separate from and not subject to the
41-21 limitations of the interest and sinking fund created [pursuant to
41-22 Section 49-c] for other Texas water development bonds is
41-23 established in the State Treasury to be used for paying the
41-24 principal of and interest on bonds for the purposes of the
41-25 subsection. While any of the bonds authorized for the purposes of
41-26 this subsection or any of the interest on those bonds is
41-27 outstanding and unpaid, there is appropriated out of the first
42-1 money coming into the State Treasury in each fiscal year, not
42-2 otherwise appropriated by this constitution, an amount that is
42-3 sufficient to pay the principal of and interest on those bonds
42-4 issued for the purposes under this subsection that mature or become
42-5 due during that fiscal year.
42-6 [(f) Subsections (c) through (e) of Section 49-d-2 of this
42-7 article apply to the bonds authorized by this section.]
42-8 Sec. 49-d-8. (a) The Texas Water Development Fund II is
42-9 [created] in the state treasury as a fund separate and distinct
42-10 from the Texas Water Development Fund established under Section
42-11 49-c of this article. Money in the Texas Water Development Fund II
42-12 shall be administered without further appropriation by the Texas
42-13 Water Development Board and shall be used for any one or more of
42-14 the purposes currently or formerly authorized by Sections 49-c,
42-15 49-d, 49-d-1, 49-d-2, 49-d-5, 49-d-6, and 49-d-7 of this article,
42-16 as determined by the Texas Water Development Board. Separate
42-17 accounts shall be established in the Texas Water Development Fund
42-18 II for administering proceedings related to the purposes described
42-19 in Section 49-d of this article, the purposes described in
42-20 Subsection (b) [(e)] of Section 49-d-7 of this article, and all
42-21 other authorized purposes. The Texas Water Development Board is
42-22 hereby authorized, at its determination, to issue general
42-23 obligation bonds for one or more accounts of the Texas Water
42-24 Development Fund II in an aggregate principal amount equal to the
42-25 amount of bonds previously authorized pursuant to former Section
42-26 49-d-6 and Sections 49-d-2[, 49-d-6,] and 49-d-7 of this article
42-27 less the amount of bonds issued pursuant to those sections to
43-1 augment the Texas Water Development Fund and the amount of bonds
43-2 issued to augment the Texas Water Development Fund II. Nothing in
43-3 this section, however, shall grant to the Texas Water Development
43-4 Board the authority to issue bonds [under this section and under
43-5 Sections 49-d-2, 49-d-6, and 49-d-7 of this article] in excess of
43-6 the total amount of those previously authorized bonds [described in
43-7 Sections 49-d-2, 49-d-6, and 49-d-7 of this article] or to issue
43-8 bonds for purposes described in Subsection (b) [(e)] of Section
43-9 49-d-7 of this article in excess of $250 million. The expenses of
43-10 the Texas Water Development Board in connection with the issuance
43-11 of bonds for an account of the Texas Water Development Fund II and
43-12 administration of such account may be paid from money in such
43-13 account.
43-14 (b) The Texas Water Development Board is hereby authorized,
43-15 at its determination, to issue general obligation bonds for one or
43-16 more accounts of the Texas Water Development Fund II in order to
43-17 refund outstanding bonds previously issued to augment the Texas
43-18 Water Development Fund, as long as the principal amount of the
43-19 refunding bonds does not exceed the outstanding principal amount of
43-20 the refunded bonds, and to refund the general obligation of the
43-21 State of Texas under long-term contracts entered into by the Texas
43-22 Water Development Board with the United States or any of its
43-23 agencies under authority granted by Section 49-d of this article,
43-24 as long as the principal amount of the refunding bonds does not
43-25 exceed the principal amount of the contractual obligation of the
43-26 Texas Water Development Board. Money and assets in the Texas Water
43-27 Development Fund attributable to such refunding bonds shall be
44-1 transferred to the appropriate account of the Texas Water
44-2 Development Fund II, as determined by the Texas Water Development
44-3 Board, to the extent not inconsistent with the proceedings
44-4 authorizing any outstanding bonds issued to augment the Texas Water
44-5 Development Fund and the terms of any long-term contracts entered
44-6 into by the Texas Water Development Board with the United States or
44-7 any of its agencies. In addition, the Texas Water Development
44-8 Board may transfer other moneys and assets in the Texas Water
44-9 Development Fund to the appropriate account of the Texas Water
44-10 Development Fund II, as determined by the Texas Water Development
44-11 Board, without the necessity of issuing refunding bonds to effect
44-12 the transfer, to the extent not inconsistent with the proceedings
44-13 authorizing any outstanding bonds issued to augment the Texas Water
44-14 Development Fund. Further, at such time as all bonds issued to
44-15 augment the Texas Water Development Fund and all such contractual
44-16 obligations have been paid or otherwise discharged, all money and
44-17 assets in the Texas Water Development Fund shall be transferred to
44-18 the credit of the Texas Water Development Fund II and deposited to
44-19 the accounts therein, as determined by the Texas Water Development
44-20 Board.
44-21 (c) Subject to the limitations set forth in Section 49-d of
44-22 this article, the legislature shall provide terms and conditions
44-23 under which the Texas Water Development Board may sell, transfer,
44-24 or lease, in whole or in part, facilities held for the account
44-25 established within the Texas Water Development Fund II for
44-26 administering proceedings related to the purposes described in
44-27 Section 49-d of this article, and the legislature may provide terms
45-1 and conditions under which the Texas Water Development Board may
45-2 sell any unappropriated public waters of the state that may be
45-3 stored in such facilities. Money received from any sale, transfer,
45-4 or lease of such facilities or water shall be credited to the
45-5 account established within the Texas Water Development Fund II for
45-6 the purpose of administering proceedings related to the purposes
45-7 described in Section 49-d of this article.
45-8 (d) Each account of the Texas Water Development Fund II
45-9 shall consist of:
45-10 (1) the Texas Water Development Board's rights to
45-11 receive repayment of financial assistance provided from such
45-12 account, together with any evidence of such rights;
45-13 (2) money received from the sale or other disposition
45-14 of the Texas Water Development Board's rights to receive repayment
45-15 of such financial assistance;
45-16 (3) money received as repayment of such financial
45-17 assistance;
45-18 (4) money and assets attributable to bonds issued and
45-19 sold by the Texas Water Development Board for such account,
45-20 including money and assets transferred from the Texas Water
45-21 Development Fund pursuant to this section;
45-22 (5) money deposited in such account pursuant to
45-23 Subsection (c) of this section;
45-24 (6) payments received by the Texas Water Development
45-25 Board under a bond enhancement agreement as authorized by law with
45-26 respect to bonds issued for such account; and
45-27 (7) interest and other income received from investment
46-1 of money in such account.
46-2 (e) Notwithstanding the other provisions of [Sections
46-3 49-d-2, 49-d-6, and 49-d-7 of] this article, the principal of and
46-4 interest on the general obligation bonds issued for an account of
46-5 the Texas Water Development Fund II, including payments by the
46-6 Texas Water Development Board under a bond enhancement agreement as
46-7 authorized by law with respect to principal of or interest on such
46-8 bonds, shall be paid out of such account, but the money in such
46-9 account that is not immediately committed to the purposes of such
46-10 account or the payment of expenses may be invested as authorized by
46-11 law until the money is needed for those purposes. If there is not
46-12 enough money in any account available to pay the principal of and
46-13 interest on the general obligation bonds issued for such account,
46-14 including money to make payments by the Texas Water Development
46-15 Board under a bond enhancement agreement as authorized by law with
46-16 respect to principal of or interest on such bonds, there is
46-17 appropriated out of the first money coming into the state treasury
46-18 in each fiscal year not otherwise appropriated by this constitution
46-19 an amount that is sufficient to pay the principal of and interest
46-20 on such general obligation bonds that mature or become due during
46-21 that fiscal year or to make bond enhancement payments with respect
46-22 to those bonds.
46-23 (f) The general obligation bonds authorized by this section
46-24 may be issued as bonds, notes, or other obligations as permitted by
46-25 law and shall be sold in forms and denominations, on terms, at
46-26 times, in the manner, at places, and in installments, all as
46-27 determined by the Texas Water Development Board. The bonds shall
47-1 bear a rate or rates of interest the Texas Water Development Board
47-2 determines. The bonds authorized by this section shall be
47-3 incontestable after execution by the Texas Water Development Board,
47-4 approval by the attorney general, and delivery to the purchaser or
47-5 purchasers of the bonds.
47-6 (g) This section being intended only to establish a basic
47-7 framework and not to be a comprehensive treatment of the Texas
47-8 Water Development Fund II, there is hereby reposed in the
47-9 legislature full power to implement and effectuate the design and
47-10 objects of this section, including the power to delegate such
47-11 duties, responsibilities, functions, and authority to the Texas
47-12 Water Development Board as it believes necessary.
47-13 (h) The Texas Water Development Fund II, including any
47-14 account in that fund, may not be used to finance or aid any project
47-15 that contemplates or results in the removal from the basin of
47-16 origin of any surface water necessary to supply the reasonably
47-17 foreseeable future water requirements for the next ensuing 50-year
47-18 period within the river basin of origin, except on a temporary,
47-19 interim basis.
47-20 SECTION 16. Section 49-e, Article III, Texas Constitution,
47-21 is amended to read as follows:
47-22 Sec. 49-e. (a) The Parks and Wildlife Department, or its
47-23 successor vested with the powers, duties, and authority which deals
47-24 with the operation, maintenance, and improvement of State Parks,
47-25 shall have the authority to provide for, issue and sell general
47-26 obligation bonds of the State of Texas in an amount authorized by
47-27 constitutional amendment or by a debt proposition under Section 49
48-1 of this article [not to exceed Seventy-Five Million Dollars
48-2 ($75,000,000)]. The bonds [authorized herein] shall be called
48-3 "Texas Park Development Bonds," shall be executed in such form,
48-4 denominations, and upon such terms as may be prescribed by law,
48-5 [provided, however, that the bonds] shall bear a rate or rates of
48-6 interest as may be fixed by the Parks and Wildlife Department or
48-7 its successor, not to exceed the maximum prescribed by Section 65
48-8 of this article, and [but the weighted average annual interest
48-9 rate, as that phrase is commonly and ordinarily used and understood
48-10 in the municipal bond market, of all the bonds issued and sold in
48-11 any installment of any bonds, shall not exceed four and one-half
48-12 percent (4 1/2%) interest per annum; they] may be issued in such
48-13 installments as said Parks and Wildlife Department, or its said
48-14 successor, finds feasible and practical in accomplishing the
48-15 purpose set forth herein.
48-16 (b) All moneys received from the sale of said bonds shall be
48-17 deposited in a fund hereby created with the Comptroller of Public
48-18 Accounts of the State of Texas to be known as the Texas Park
48-19 Development Fund to be administered (without further appropriation)
48-20 by the said Parks and Wildlife Department, or its said successor,
48-21 in such manner as prescribed by law.
48-22 (c) Such fund shall be used by said Parks and Wildlife
48-23 Department, or its said successor, under such provisions as the
48-24 Legislature may prescribe by general law, for the purposes of
48-25 acquiring lands from the United States, or any governmental agency
48-26 thereof, from any governmental agency of the State of Texas, or
48-27 from any person, firm, or corporation, for State Park Sites and for
49-1 developing said sites as State Parks.
49-2 (d) While any of the bonds [authorized by this provision],
49-3 or any interest on any such bonds, is outstanding and unpaid, there
49-4 is hereby appropriated out of the first moneys coming into the
49-5 Treasury in each fiscal year, not otherwise appropriated by this
49-6 Constitution, an amount which is sufficient to pay the principal
49-7 and interest on such bonds that mature or become due during such
49-8 fiscal year, less the amount in the interest and sinking fund at
49-9 the close of the prior fiscal year, which includes any receipts
49-10 derived during the prior fiscal year by said Parks and Wildlife
49-11 Department, or its said successor, from admission charges to State
49-12 Parks, as the Legislature may prescribe by general law.
49-13 (e) The Legislature may provide for the investment of moneys
49-14 available in the Texas Park Development Fund and the interest and
49-15 sinking fund established for the payment of bonds issued by said
49-16 Parks and Wildlife Department, or its said successor. Income from
49-17 such investment shall be used for the purposes prescribed by the
49-18 Legislature.
49-19 (f) From the moneys received by said Parks and Wildlife
49-20 Department, or its said successor, from the sale of the bonds
49-21 issued hereunder, there shall be deposited in the interest and
49-22 sinking fund for the bonds authorized by this section sufficient
49-23 moneys to pay the interest to become due during the State fiscal
49-24 year in which the bonds were issued. After all bonds have been
49-25 fully paid with interest, or after there are on deposit in the
49-26 interest and sinking fund sufficient moneys to pay all future
49-27 maturities of principal and interest, additional moneys received
50-1 from admission charges to State Parks shall be deposited to the
50-2 State Parks Fund, or any successor fund which may be established by
50-3 the Legislature as a depository for Park revenue earned by said
50-4 Parks and Wildlife Department, or its said successor.
50-5 (g) All bonds issued hereunder shall after approval by the
50-6 Attorney General, registration by the Comptroller of Public
50-7 Accounts of the State of Texas, and delivery to the purchasers, be
50-8 incontestable and shall constitute general obligations of the State
50-9 of Texas under the Constitution of Texas.
50-10 [Should the Legislature enact enabling laws in anticipation
50-11 of the adoption of this amendment, such Acts shall not be void by
50-12 reason of their anticipatory nature.]
50-13 SECTION 17. Section 49-h, Article III, Texas Constitution,
50-14 is amended to read as follows:
50-15 Sec. 49-h. (a) In amounts authorized by constitutional
50-16 amendment or by a debt proposition under Section 49 of this
50-17 article, the [The] legislature may provide for [authorize] the
50-18 issuance of [up to $500 million in] general obligation bonds and
50-19 the use of the bond proceeds for acquiring, constructing, or
50-20 equipping new facilities or for major repair or renovation of
50-21 existing facilities of corrections institutions, including youth
50-22 corrections institutions, and mental health and mental retardation
50-23 institutions. The legislature may require the review and approval
50-24 of the issuance of the bonds and the projects to be financed by the
50-25 bond proceeds. Notwithstanding any other provision of this
50-26 constitution, the issuer of the bonds or any entity created or
50-27 directed to review and approve projects may include members or
51-1 appointees of members of the executive, legislative, and judicial
51-2 departments of state government.
51-3 (b) Bonds issued under this section constitute a general
51-4 obligation of the state. While any of the bonds or interest on the
51-5 bonds is outstanding and unpaid, there is appropriated out of the
51-6 first money coming into the treasury in each fiscal year, not
51-7 otherwise appropriated by this constitution, the amount sufficient
51-8 to pay the principal of and interest on the bonds that mature or
51-9 become due during the fiscal year, less any amount in any sinking
51-10 fund at the end of the preceding fiscal year that is pledged to
51-11 payment of the bonds or interest.
51-12 (c) In addition to the purposes authorized under Subsection
51-13 (a), the [(1) The] legislature may authorize the issuance of the
51-14 [up to $400 million in] general obligation bonds[, in addition to
51-15 the amount authorized by Subsection (a) of this section, and use
51-16 the proceeds of the bonds] for acquiring, constructing, or
51-17 equipping:
51-18 (1) new [corrections institutions, mental health and
51-19 mental retardation institutions, youth corrections institutions,
51-20 and] statewide law enforcement facilities and for major repair or
51-21 renovation of existing facilities; and [of those institutions.]
51-22 [(2) The provisions of Subsection (a) of this section
51-23 relating to the review and approval of bonds and the provisions of
51-24 Subsection (b) of this section relating to the status of the bonds
51-25 as a general obligation of the state and to the manner in which the
51-26 principal and interest on the bonds are paid apply to bonds
51-27 authorized under this subsection.]
52-1 [(d)(1) The legislature may authorize the issuance of up to
52-2 $1.1 billion in general obligation bonds, in addition to the amount
52-3 authorized by Subsections (a) and (c) of this section, and may use
52-4 the proceeds of the bonds for acquiring, constructing, or
52-5 equipping]
52-6 (2) new prisons and substance abuse felony punishment
52-7 facilities to confine criminals[, mental health and mental
52-8 retardation institutions,] and [youth corrections institutions,
52-9 for] major repair or renovation of existing facilities of those
52-10 institutions, and for the acquisition of, major repair to, or
52-11 renovation of other facilities for use as state prisons or
52-12 substance abuse felony punishment facilities. [Proceeds of general
52-13 obligation bonds issued under this subdivision may not be
52-14 appropriated by any session of the legislature other than the 2nd
52-15 Called Session of the 72nd Legislature or any subsequent session of
52-16 the legislature.]
52-17 [(2) The provisions of Subsection (a) of this section
52-18 relating to the review and approval of bonds and the provisions of
52-19 Subsection (b) of this section relating to the status of the bonds
52-20 as a general obligation of the state and to the manner in which the
52-21 principal and interest on the bonds are paid apply to bonds
52-22 authorized under this subsection.]
52-23 [(e)(1) The legislature may authorize the issuance of up to
52-24 $1 billion in general obligation bonds, in addition to the amounts
52-25 authorized by Subsections (a), (c), and (d) of this section, and
52-26 use the proceeds of the bonds for acquiring, constructing, or
52-27 equipping new corrections institutions, including youth corrections
53-1 institutions, and mental health and mental retardation institutions
53-2 and for major repair or renovation of existing facilities of those
53-3 corrections and mental health and mental retardation institutions.]
53-4 [(2) The provisions of Subsection (a) of this section
53-5 relating to the review and approval of bonds and the provisions of
53-6 Subsection (b) of this section relating to the status of the bonds
53-7 as a general obligation of the state and to the manner in which the
53-8 principal and interest on the bonds are paid apply to bonds
53-9 authorized under this subsection.]
53-10 SECTION 18. Subsection (a), Section 50b-4, Article III,
53-11 Texas Constitution, is amended to read as follows:
53-12 (a) The legislature by general law may authorize the Texas
53-13 Higher Education Coordinating Board or its successor or successors
53-14 to issue and sell general obligation bonds of the State of Texas in
53-15 an amount authorized by constitutional amendment or by a debt
53-16 proposition under Section 49 of this article [not to exceed $300
53-17 million] to finance educational loans to students. [The bonds are
53-18 in addition to those bonds issued under Sections 50b, 50b-1,
53-19 50b-2, and 50b-3, Article III, Texas Constitution.]
53-20 SECTION 19. Section 51, Article III, Texas Constitution, is
53-21 amended to read as follows:
53-22 Sec. 51. The Legislature shall have no power to make any
53-23 grant or authorize the making of any grant of public moneys to any
53-24 individual, association of individuals, municipal or other
53-25 corporations whatsoever; [provided, however, the Legislature may
53-26 grant aid to indigent and disabled Confederate soldiers and sailors
53-27 under such regulations and limitations as may be deemed by the
54-1 Legislature as expedient, and to their widows in indigent
54-2 circumstances under such regulations and limitations as may be
54-3 deemed by the Legislature as expedient;] provided that the
54-4 provisions of this Section shall not be construed so as to prevent
54-5 the grant of aid in cases of public calamity.
54-6 SECTION 20. Section 51-a, Article III, Texas Constitution,
54-7 is amended to read as follows:
54-8 Sec. 51-a. (a) The Legislature shall have the power, by
54-9 General Laws, to provide, subject to limitations herein contained,
54-10 and such other limitations, restrictions and regulations as may by
54-11 the Legislature be deemed expedient, for assistance grants to needy
54-12 dependent children and the caretakers of such children, needy
54-13 persons who are totally and permanently disabled because of a
54-14 mental or physical handicap, needy aged persons and needy blind
54-15 persons.
54-16 (b) The Legislature may provide by General Law for medical
54-17 care, rehabilitation and other similar services for needy persons.
54-18 The Legislature may prescribe such other eligibility requirements
54-19 for participation in these programs as it deems appropriate and may
54-20 make appropriations out of state funds for such purposes. The
54-21 maximum amount paid out of state funds for assistance grants, to or
54-22 on behalf of needy dependent children and their caretakers shall
54-23 not exceed [the amount of Eighty Million Dollars ($80,000,000)
54-24 during any fiscal year, except that the limit shall be One Hundred
54-25 Sixty Million Dollars ($160,000,000) for the two years of the
54-26 1982-1983 biennium. For the two years of each subsequent biennium,
54-27 the maximum amount shall not exceed] one percent of the state
55-1 budget. The Legislature by general statute shall provide for the
55-2 means for determining the state budget amounts, including state and
55-3 other funds appropriated by the Legislature, to be used in
55-4 establishing the biennial limit.
55-5 (c) Provided further, that if the limitations and
55-6 restrictions herein contained are found to be in conflict with the
55-7 provisions of appropriate federal statutes, as they now are or as
55-8 they may be amended to the extent that federal matching money is
55-9 not available to the state for these purposes, then and in that
55-10 event the Legislature is specifically authorized and empowered to
55-11 prescribe such limitations and restrictions and enact such laws as
55-12 may be necessary in order that such federal matching money will be
55-13 available for assistance and/or medical care for or on behalf of
55-14 needy persons.
55-15 (d) Nothing in this Section shall be construed to amend,
55-16 modify or repeal Section 31 of Article XVI of this Constitution;
55-17 provided further, however, that such medical care, services or
55-18 assistance shall also include the employment of objective or
55-19 subjective means, without the use of drugs, for the purpose of
55-20 ascertaining and measuring the powers of vision of the human eye,
55-21 and fitting lenses or prisms to correct or remedy any defect or
55-22 abnormal condition of vision. Nothing herein shall be construed to
55-23 permit optometrists to treat the eyes for any defect whatsoever in
55-24 any manner nor to administer nor to prescribe any drug or physical
55-25 treatment whatsoever, unless such optometrist is a regularly
55-26 licensed physician or surgeon under the laws of this state.
55-27 SECTION 21. Subsections (b) and (c), Section 52, Article
56-1 III, Texas Constitution, are amended to read as follows:
56-2 (b) Under Legislative provision, any county, [any] political
56-3 subdivision of a county, [any] number of adjoining counties, [or
56-4 any] political subdivision of the State, or [any] defined district
56-5 now or hereafter to be described and defined within the State of
56-6 Texas, and which may or may not include, towns, villages or
56-7 municipal corporations, upon a vote of two-thirds majority of the
56-8 [resident property taxpayers] voting [thereon who are] qualified
56-9 voters [electors] of such district or territory to be affected
56-10 thereby, [in addition to all other debts,] may issue bonds or
56-11 otherwise lend its credit in any amount not to exceed one-fourth of
56-12 the assessed valuation of the real property of such district or
56-13 territory, except that the total bonded indebtedness of any city or
56-14 town shall never exceed the limits imposed by other provisions of
56-15 this Constitution, and levy and collect taxes to pay the interest
56-16 thereon and provide a sinking fund for the redemption thereof, as
56-17 the Legislature may authorize, and in such manner as it may
56-18 authorize the same, for the following purposes to wit:
56-19 (1) The improvement of rivers, creeks, and streams to
56-20 prevent overflows, and to permit of navigation thereof, or
56-21 irrigation thereof, or in aid of such purposes.
56-22 (2) The construction and maintenance of pools, lakes,
56-23 reservoirs, dams, canals and waterways for the purposes of
56-24 irrigation, drainage or navigation, or in aid thereof.
56-25 (3) The construction, maintenance and operation of
56-26 macadamized, graveled or paved roads and turnpikes, or in aid
56-27 thereof.
57-1 (c) Notwithstanding the provisions of Subsection (b) of this
57-2 Section, bonds may be issued by any county in an amount not to
57-3 exceed one-fourth of the assessed valuation of the real property in
57-4 the county, for the construction, maintenance, and operation of
57-5 macadamized, graveled, or paved roads and turnpikes, or in aid
57-6 thereof, upon a vote of a majority of the [resident property
57-7 taxpayers] voting [thereon who are] qualified voters [electors] of
57-8 the county, and without the necessity of further or amendatory
57-9 legislation. The county may levy and collect taxes to pay the
57-10 interest on the bonds as it becomes due and to provide a sinking
57-11 fund for redemption of the bonds.
57-12 SECTION 22. Section 52d, Article III, Texas Constitution, is
57-13 amended to read as follows:
57-14 Sec. 52d. (a) Upon the vote of a majority of the [resident]
57-15 qualified voters [electors owning rendered taxable property
57-16 therein] so authorizing, a county or road district may collect an
57-17 annual tax for a period not exceeding five (5) years to create a
57-18 fund for constructing lasting and permanent roads and bridges or
57-19 both. No contract involving the expenditure of any of such fund
57-20 shall be valid unless, when it is made, money shall be on hand in
57-21 such fund.
57-22 (b) At such election, the Commissioners' Court shall submit
57-23 for adoption a road plan and designate the amount of special tax to
57-24 be levied; the number of years said tax is to be levied; the
57-25 location, description, and character of the roads and bridges; and
57-26 the estimated cost thereof. The funds raised by such taxes shall
57-27 not be used for purposes other than those specified in the plan
58-1 submitted to the voters. Elections may be held from time to time
58-2 to extend or discontinue said plan or to increase or diminish said
58-3 tax. The Legislature shall enact laws prescribing the procedure
58-4 hereunder.
58-5 (c) The provisions of this section shall apply only to
58-6 Harris County and road districts therein.
58-7 SECTION 23. Section 52g, Article III, Texas Constitution, is
58-8 amended to read as follows:
58-9 Sec. 52g. Bonds to be issued by Dallas County under Section
58-10 52(b)(3) [52] of Article III of this Constitution [for the
58-11 construction, maintenance and operation of macadamized, graveled or
58-12 paved roads and turnpikes, or in aid thereof,] may, without the
58-13 necessity of further or amendatory legislation, be issued upon a
58-14 vote of a majority of the [residents] voting [thereon who are]
58-15 qualified voters [electors] of said county, and bonds heretofore or
58-16 hereafter issued under Subsections (a) and (b) of said Section 52
58-17 shall not be included in determining the debt limit prescribed in
58-18 said Section.
58-19 SECTION 24. Section 7, Article IV, Texas Constitution, is
58-20 amended to read as follows:
58-21 Sec. 7. He shall be Commander-in-Chief of the military
58-22 forces of the State, except when they are called into actual
58-23 service of the United States. He shall have power to call forth
58-24 the militia to execute the laws of the State, to suppress
58-25 insurrections, and to repel invasions[, and protect the frontier
58-26 from hostile incursions by Indians or other predatory bands].
58-27 SECTION 25. Section 16, Article IV, Texas Constitution, is
59-1 amended to read as follows:
59-2 Sec. 16. There shall also be a Lieutenant Governor, who
59-3 shall be chosen at every election for Governor by the same voters
59-4 [electors], in the same manner, continue in office for the same
59-5 time, and possess the same qualifications. The voters [electors]
59-6 shall distinguish for whom they vote as Governor and for whom as
59-7 Lieutenant Governor. The Lieutenant Governor, shall by virtue of
59-8 his office, be President of the Senate, and shall have, when in
59-9 Committee of the Whole, a right to debate and vote on all
59-10 questions; and when the Senate is equally divided to give the
59-11 casting vote. In case of the death, resignation, removal from
59-12 office, inability or refusal of the Governor to serve, or of his
59-13 impeachment or absence from the State, the Lieutenant Governor
59-14 shall exercise the powers and authority appertaining to the office
59-15 of Governor until another be chosen at the periodical election, and
59-16 be duly qualified; or until the Governor impeached, absent or
59-17 disabled, shall be acquitted, return, or his disability be removed.
59-18 SECTION 26. Section 22, Article IV, Texas Constitution, is
59-19 amended to read as follows:
59-20 Sec. 22. The Attorney General [elected at the general
59-21 election in 1974, and thereafter, shall hold office for four years
59-22 and until his successor is duly qualified. He] shall represent the
59-23 State in all suits and pleas in the Supreme Court of the State in
59-24 which the State may be a party, and shall especially inquire into
59-25 the charter rights of all private corporations, and from time to
59-26 time, in the name of the State, take such action in the courts as
59-27 may be proper and necessary to prevent any private corporation from
60-1 exercising any power or demanding or collecting any species of
60-2 taxes, tolls, freight or wharfage not authorized by law. He shall,
60-3 whenever sufficient cause exists, seek a judicial forfeiture of
60-4 such charters, unless otherwise expressly directed by law, and give
60-5 legal advice in writing to the Governor and other executive
60-6 officers, when requested by them, and perform such other duties as
60-7 may be required by law. [He shall reside at the seat of government
60-8 during his continuance in office. He shall receive for his
60-9 services an annual salary in an amount to be fixed by the
60-10 Legislature.]
60-11 SECTION 27. Section 23, Article IV, Texas Constitution, is
60-12 amended to read as follows:
60-13 Sec. 23. The Comptroller of Public Accounts, the
60-14 Commissioner of the General Land Office, the Attorney General, and
60-15 any statutory State officer who is elected by the electorate of
60-16 Texas at large, unless a term of office is otherwise specifically
60-17 provided in this Constitution, shall each hold office for the term
60-18 of four years [and until his successor is qualified. The four-year
60-19 term applies to these officers who are elected at the general
60-20 election in 1974 or thereafter]. Each shall receive an annual
60-21 salary in an amount to be fixed by the Legislature; reside at the
60-22 Capital of the State during his continuance in office, and perform
60-23 such duties as are or may be required by law. They and the
60-24 Secretary of State shall not receive to their own use any fees,
60-25 costs or perquisites of office. All fees that may be payable by
60-26 law for any service performed by any officer specified in this
60-27 section or in his office, shall be paid, when received, into the
61-1 State Treasury.
61-2 SECTION 28. Section 9, Article V, Texas Constitution, is
61-3 amended to read as follows:
61-4 Sec. 9. There shall be a Clerk for the District Court of
61-5 each county, who shall be elected by the qualified voters [for
61-6 State and county officers,] and who shall hold his office for four
61-7 years, subject to removal by information, or by indictment of a
61-8 grand jury, and conviction of a petit jury. In case of vacancy,
61-9 the Judge of the District Court shall have the power to appoint a
61-10 Clerk, who shall hold until the office can be filled by election.
61-11 SECTION 29. Section 2, Article VI, Texas Constitution, is
61-12 amended to read as follows:
61-13 Sec. 2. Every person subject to none of the foregoing
61-14 disqualifications [who shall have attained the age of 18 years and]
61-15 who shall be a citizen of the United States and who is a resident
61-16 of this state shall be deemed a qualified voter [elector];
61-17 provided, however, that before offering to vote at an election a
61-18 voter shall have registered, but such requirement for registration
61-19 shall not be considered a qualification of a voter [an elector]
61-20 within the meaning of the term "qualified voter [elector]" as used
61-21 in any other Article of this Constitution in respect to any matter
61-22 except qualification and eligibility to vote at an election. The
61-23 Legislature may authorize absentee voting.
61-24 SECTION 30. Subsections (a) and (b), Section 2a, Article VI,
61-25 Texas Constitution, are amended to read as follows:
61-26 (a) Notwithstanding any other provision of this
61-27 Constitution, the Legislature may enact laws and provide a method
62-1 of registration, including the time of such registration,
62-2 permitting any person who is qualified to vote in this State except
62-3 for the residence requirements within a county or district, as set
62-4 forth in Section 2 of this Article, to vote for (1) electors for
62-5 President and Vice President of the United States and (2) all
62-6 offices, questions or propositions to be voted on by all voters
62-7 [electors] throughout this State.
62-8 (b) Notwithstanding any other provision of this
62-9 Constitution, the Legislature may enact laws and provide for a
62-10 method of registration, including the time for such registration,
62-11 permitting any person (1) who is qualified to vote in this State
62-12 except for the residence requirements of Section 2 of this Article,
62-13 and (2) who shall have resided anywhere within this State at least
62-14 thirty (30) days next preceding a General Election in a
62-15 presidential election year, and (3) who shall have been a qualified
62-16 voter [elector] in another state immediately prior to his removal
62-17 to this State or would have been eligible to vote in such other
62-18 state had he remained there until such election, to vote for
62-19 electors for President and Vice President of the United States in
62-20 that election.
62-21 SECTION 31. Section 3, Article VI, Texas Constitution, is
62-22 amended to read as follows:
62-23 Sec. 3. All qualified voters [electors] of the State, as
62-24 herein described, who reside within the limits of any city or
62-25 corporate town, shall have the right to vote for Mayor and all
62-26 other elective officers.
62-27 SECTION 32. Section 3a, Article VI, Texas Constitution, is
63-1 amended to read as follows:
63-2 Sec. 3a. When an election is held by any county, or any
63-3 number of counties, or any political sub-division of the State, or
63-4 any political sub-division of a county, or any defined district now
63-5 or hereafter to be described and defined within the State and which
63-6 may or may not include towns, villages or municipal corporations,
63-7 or any city, town or village, for the purpose of issuing bonds or
63-8 otherwise lending credit, or expending money or assuming any debt,
63-9 only qualified voters of [electors who own taxable property in] the
63-10 State, county, political sub-division, district, city, town or
63-11 village where such election is held[, and who have duly rendered
63-12 the same for taxation,] shall be qualified to vote [and all
63-13 electors shall vote in the election precinct of their residence].
63-14 SECTION 33. Section 3, Article VII, Texas Constitution, is
63-15 amended to read as follows:
63-16 Sec. 3. (a) One-fourth of the revenue derived from the
63-17 State occupation taxes [and poll tax of one dollar on every
63-18 inhabitant of the State, between the ages of twenty-one and sixty
63-19 years,] shall be set apart annually for the benefit of the public
63-20 free schools.
63-21 (b) It[; and in addition thereto, there shall be levied and
63-22 collected an annual ad valorem State tax of such an amount not to
63-23 exceed thirty-five cents on the one hundred ($100.00) dollars
63-24 valuation, as with the available school fund arising from all other
63-25 sources, will be sufficient to maintain and support the public
63-26 schools of this State for a period of not less than six months in
63-27 each year, and it] shall be the duty of the State Board of
64-1 Education to set aside a sufficient amount of available funds [out
64-2 of the said tax] to provide free text books for the use of children
64-3 attending the public free schools of this State.
64-4 (c) Should[; provided, however, that should] the [limit of]
64-5 taxation herein named be insufficient the deficit may be met by
64-6 appropriation from the general funds of the State. [and the]
64-7 (d) The Legislature may [also] provide for the formation of
64-8 school districts [district] by general laws,[;] and all such school
64-9 districts may embrace parts of two or more counties.
64-10 (e) The[, and the] Legislature shall be authorized to pass
64-11 laws for the assessment and collection of taxes in all school
64-12 [said] districts and for the management and control of the public
64-13 school or schools of such districts, whether such districts are
64-14 composed of territory wholly within a county or in parts of two or
64-15 more counties, and the Legislature may authorize an additional ad
64-16 valorem tax to be levied and collected within all school districts
64-17 [heretofore formed or hereafter formed,] for the further
64-18 maintenance of public free schools, and for the erection and
64-19 equipment of school buildings therein; provided that a majority of
64-20 the qualified [property taxpaying] voters of the district voting at
64-21 an election to be held for that purpose, shall approve the [vote
64-22 such] tax [not to exceed in any one year one ($1.00) dollar on the
64-23 one hundred dollars valuation of the property subject to taxation
64-24 in such district, but the limitation upon the amount of school
64-25 district tax herein authorized shall not apply to incorporated
64-26 cities or towns constituting separate and independent school
64-27 districts, nor to independent or common school districts created by
65-1 general or special law].
65-2 SECTION 34. Sections 10 and 13, Article VII, Texas
65-3 Constitution, are combined, reenacted as Section 10, and amended
65-4 to read as follows:
65-5 Sec. 10. The Legislature shall [as soon as practicable
65-6 establish, organize and] provide for the maintenance, support and
65-7 direction of universities [a University] of the first class,
65-8 including [to be located by a vote of the people of this State, and
65-9 styled,] "The University of Texas", for the promotion of
65-10 literature, and the arts and sciences, and [including an
65-11 Agricultural, and Mechanical department.]
65-12 [Sec. 13. The Agricultural and Mechanical College of] Texas
65-13 A&M University, [established by an Act of the Legislature passed
65-14 April 17th, 1871,] located in the county of Brazos, [is hereby
65-15 made, and constituted a Branch of the University of Texas,] for
65-16 instruction in Agriculture, the Mechanic Arts, and the Natural
65-17 Sciences connected therewith. [And the Legislature shall at its
65-18 next session, make an appropriation, not to exceed forty thousand
65-19 dollars, for the construction and completion of the buildings and
65-20 improvements, and for providing the furniture necessary to put said
65-21 College in immediate and successful operation.]
65-22 SECTION 35. Section 14, Article VII, Texas Constitution, is
65-23 amended to read as follows:
65-24 Sec. 14. Prairie View A&M University in Waller County is an
65-25 institution of the first class under the direction of the same
65-26 governing board as Texas A&M University [referred to in Article
65-27 VII, Section 13, of this constitution as the Agricultural and
66-1 Mechanical College of Texas].
66-2 SECTION 36. Section 1-a, Article VIII, Texas Constitution,
66-3 is amended to read as follows:
66-4 Sec. 1-a. No [From and after January 1, 1951, no] State ad
66-5 valorem tax shall be levied upon any property within this State
66-6 [for general revenue purposes]. The [From and after January 1,
66-7 1951, the] several counties of the State are authorized to levy ad
66-8 valorem taxes upon all property within their respective boundaries
66-9 for county purposes, except the first Three Thousand Dollars
66-10 ($3,000) value of residential homesteads of married or unmarried
66-11 adults, male or female, including those living alone, not to exceed
66-12 thirty cents (30 ) on each One Hundred Dollars ($100) valuation, in
66-13 addition to all other ad valorem taxes authorized by the
66-14 Constitution of this State, provided the revenue derived therefrom
66-15 shall be used for construction and maintenance of Farm to Market
66-16 Roads or for Flood Control, except as herein otherwise provided.
66-17 [Provided that in those counties or political subdivisions or
66-18 areas of the State from which tax donations have heretofore been
66-19 granted, the State Automatic Tax Board shall continue to levy the
66-20 full amount of the State ad valorem tax for the duration of such
66-21 donation, or until all legal obligations heretofore authorized by
66-22 the law granting such donation or donations shall have been fully
66-23 discharged, whichever shall first occur; provided that if such
66-24 donation to any such county or political subdivision is for less
66-25 than the full amount of State ad valorem taxes so levied, the
66-26 portion of such taxes remaining over and above such donation shall
66-27 be retained by said county or subdivision.]
67-1 SECTION 37. Subsection (b), Section 1-b, Article VIII, Texas
67-2 Constitution, is amended to read as follows:
67-3 (b) The governing body of any county, city, town, school
67-4 district, or other political subdivision of the State[, other than
67-5 a county education district,] may exempt by its own action not less
67-6 than Three Thousand Dollars ($3,000) of the market value of
67-7 residence homesteads of persons, married or unmarried, including
67-8 those living alone, who are under a disability for purposes of
67-9 payment of disability insurance benefits under Federal Old-Age,
67-10 Survivors, and Disability Insurance or its successor or of married
67-11 or unmarried persons sixty-five (65) years of age or older,
67-12 including those living alone, from all ad valorem taxes thereafter
67-13 levied by the political subdivision. As an alternative, upon
67-14 receipt of a petition signed by twenty percent (20%) of the voters
67-15 who voted in the last preceding election held by the political
67-16 subdivision, the governing body of the subdivision shall call an
67-17 election to determine by majority vote whether an amount not less
67-18 than Three Thousand Dollars ($3,000) as provided in the petition,
67-19 of the market value of residence homesteads of disabled persons or
67-20 of persons sixty-five (65) years of age or over shall be exempt
67-21 from ad valorem taxes thereafter levied by the political
67-22 subdivision. [In the manner provided by law, the voters of a
67-23 county education district at an election held for that purpose may
67-24 exempt an amount not less than Three Thousand Dollars ($3,000), as
67-25 provided in the petition, of the market value of residence
67-26 homesteads of disabled persons or of persons sixty-five (65) years
67-27 of age or over from ad valorem taxes thereafter levied by the
68-1 county education district.] An eligible disabled person who is
68-2 sixty-five (65) years of age or older may not receive both
68-3 exemptions from the same political subdivision in the same year but
68-4 may choose either if the subdivision has adopted both. Where any
68-5 ad valorem tax has theretofore been pledged for the payment of any
68-6 debt, the taxing officers of the political subdivision shall have
68-7 authority to continue to levy and collect the tax against the
68-8 homestead property at the same rate as the tax so pledged until the
68-9 debt is discharged, if the cessation of the levy would impair the
68-10 obligation of the contract by which the debt was created. [An
68-11 exemption adopted under this subsection based on assessed value is
68-12 increased, effective January 1, 1979, to an amount that, when
68-13 converted to market value, provides the same reduction in taxes,
68-14 except that the market value exemption shall be rounded to the
68-15 nearest $100.]
68-16 SECTION 38. Subsection (b), Section 1-j, Article VIII, Texas
68-17 Constitution, is amended to read as follows:
68-18 (b) [Tangible personal property exempted from taxation in
68-19 Subsection (a) of this section is subject to the following:]
68-20 [(1) A county, common, or independent school district,
68-21 junior college district, or municipality, including a home-rule
68-22 city, may tax such property otherwise exempt, if the governing body
68-23 of the county, common, or independent school district, junior
68-24 college district, or municipality takes official action as provided
68-25 in this section and in the manner provided by law to provide for
68-26 the taxation of such property.]
68-27 [(2) Any official action to tax such exempt property
69-1 must be taken before April 1, 1990. If official action is taken to
69-2 tax such exempt property before January 1, 1990, such property is
69-3 taxable effective for the tax year 1990. However, if such official
69-4 action to tax such exempt property is taken prior to April 1, 1990,
69-5 but after January 1, 1990, the official action shall not become
69-6 effective to tax such property until the 1991 tax year.]
69-7 [(3) Any of the above-named political subdivisions
69-8 shall have the authority to exempt from payment of taxation such
69-9 property located in such above-named political subdivisions for the
69-10 taxing year 1989. If a governing body exempts the property from
69-11 1989 taxes, the governing body shall waive 1989 taxes already
69-12 imposed and refund 1989 taxes already paid on such property for
69-13 that year.]
69-14 [(4)] The governing body of a county, common, or
69-15 independent school district, junior college district, or
69-16 municipality that, acting under previous constitutional authority,
69-17 taxes [acts under Subdivision (2) of Subsection (b) of this section
69-18 to tax the] property otherwise exempt by Subsection (a) of this
69-19 section may subsequently exempt the property from taxation by
69-20 rescinding its action to tax the property. The exemption applies
69-21 to each tax year that begins after the date the action is taken and
69-22 applies to the tax year in which the action is taken if the
69-23 governing body so provides. A governing body that rescinds its
69-24 action to tax the property may not take action to tax such property
69-25 after the rescission.
69-26 SECTION 39. Section 6, Article VIII, Texas Constitution, is
69-27 amended to read as follows:
70-1 Sec. 6. No money shall be drawn from the Treasury but in
70-2 pursuance of specific appropriations made by law; nor shall any
70-3 appropriation of money be made for a longer term than two years[,
70-4 except by the first Legislature to assemble under this
70-5 Constitution, which may make the necessary appropriations to carry
70-6 on the government until the assemblage of the sixteenth
70-7 Legislature].
70-8 SECTION 40. Section 9, Article VIII, Texas Constitution, is
70-9 amended to read as follows:
70-10 Sec. 9. (a) No [The State tax on property, exclusive of the
70-11 tax necessary to pay the public debt, and of the taxes provided for
70-12 the benefit of the public free schools, shall never exceed
70-13 Thirty-five Cents (35 ) on the One Hundred Dollars ($100)
70-14 valuation; and no] county, city or town shall levy a tax rate in
70-15 excess of Eighty Cents (80 ) on the One Hundred Dollars ($100)
70-16 valuation in any one (1) year for general fund, permanent
70-17 improvement fund, road and bridge fund and jury fund purposes.
70-18 (b) At[; provided further that at] the time the
70-19 Commissioners Court meets to levy the annual tax rate for each
70-20 county it shall levy whatever tax rate may be needed for the four
70-21 (4) constitutional purposes; namely, general fund, permanent
70-22 improvement fund, road and bridge fund and jury fund so long as the
70-23 Court does not impair any outstanding bonds or other obligations
70-24 and so long as the total of the foregoing tax levies does not
70-25 exceed Eighty Cents (80 ) on the One Hundred Dollars ($100)
70-26 valuation in any one (1) year. Once the Court has levied the
70-27 annual tax rate, the same shall remain in force and effect during
71-1 that taxable year.
71-2 (c) The[; and the] Legislature may [also] authorize an
71-3 additional annual ad valorem tax to be levied and collected for the
71-4 further maintenance of the public roads; provided, that a majority
71-5 of the qualified [property taxpaying] voters of the county voting
71-6 at an election to be held for that purpose shall approve the [vote
71-7 such] tax, not to exceed Fifteen Cents (15 ) on the One Hundred
71-8 Dollars ($100) valuation of the property subject to taxation in
71-9 such county.
71-10 (d) Any county may put all tax money collected by the county
71-11 into one general fund, without regard to the purpose or source of
71-12 each tax.
71-13 (e) The [And the] Legislature may pass local laws for the
71-14 maintenance of the public roads and highways, without the local
71-15 notice required for special or local laws.
71-16 (f) This Section shall not be construed as a limitation of
71-17 powers delegated to counties, cities or towns by any other Section
71-18 or Sections of this Constitution.
71-19 SECTION 41. Section 16a, Article VIII, Texas Constitution,
71-20 is amended to read as follows:
71-21 Sec. 16a. In any county having a population of less than ten
71-22 thousand (10,000) inhabitants, as determined by the last preceding
71-23 census of the United States, the Commissioners Court may submit to
71-24 the qualified [property taxpaying] voters of such county at an
71-25 election the question of adding an Assessor-Collector of Taxes to
71-26 the list of authorized county officials. If a majority of such
71-27 voters voting in such election shall approve of adding an
72-1 Assessor-Collector of Taxes to such list, then such official shall
72-2 be elected at the next General Election for such Constitutional
72-3 term of office as is provided for other Tax Assessor-Collectors in
72-4 this State.
72-5 SECTION 42. Section 20, Article VIII, Texas Constitution, is
72-6 amended to read as follows:
72-7 Sec. 20. No property of any kind in this State shall ever be
72-8 assessed for ad valorem taxes at a greater value than its fair cash
72-9 market value nor shall any Board of Equalization of any
72-10 governmental or political subdivision or taxing district within
72-11 this State fix the value of any property for tax purposes at more
72-12 than its fair cash market value; provided that in order to
72-13 encourage the prompt payment of taxes, the Legislature shall have
72-14 the power to provide that the taxpayer shall be allowed by the
72-15 State and all governmental and political subdivisions and taxing
72-16 districts of the State a three per cent (3%) discount on ad valorem
72-17 taxes due the State or due any governmental or political
72-18 subdivision or taxing district of the State if such taxes are paid
72-19 ninety (90) days before the date when they would otherwise become
72-20 delinquent; and the taxpayer shall be allowed a two per cent (2%)
72-21 discount on said taxes if paid sixty (60) days before said taxes
72-22 would become delinquent; and the taxpayer shall be allowed a one
72-23 per cent (1%) discount if said taxes are paid thirty (30) days
72-24 before they would otherwise become delinquent. [This amendment
72-25 shall be effective January 1, 1939.] The Legislature shall pass
72-26 necessary laws for the proper administration of this Section.
72-27 SECTION 43. Section 1, Article IX, Texas Constitution, is
73-1 amended to read as follows:
73-2 Sec. 1. The Legislature shall have power to create counties
73-3 for the convenience of the people subject to the following
73-4 provisions:
73-5 [First. In the territory of the State exterior to all
73-6 counties now existing, no new counties shall be created with a less
73-7 area than nine hundred square miles, in a square form, unless
73-8 prevented by pre-existing boundary lines. Should the State lines
73-9 render this impracticable in border counties, the area may be less.
73-10 The territory referred to may, at any time, in whole or in part, be
73-11 divided into counties in advance of population and attached, for
73-12 judicial and land surveying purposes, to the most convenient
73-13 organized county or counties.]
73-14 (1) [Second.] Within the territory of any county or
73-15 counties [now existing], no new county shall be created with a less
73-16 area than seven hundred square miles, nor shall any such county now
73-17 existing be reduced to a less area than seven hundred square miles.
73-18 No new counties shall be created so as to approach nearer than
73-19 twelve miles of the county seat of any county from which it may in
73-20 whole or in part be taken. Counties of a less area than nine
73-21 hundred, but of seven hundred or more square miles, within counties
73-22 now existing, may be created by a two-thirds vote of each House of
73-23 the Legislature, taken by yeas and nays and entered on the
73-24 journals. Any county now existing may be reduced to an area of not
73-25 less than seven hundred square miles by a like two-thirds vote.
73-26 When any part of a county is stricken off and attached to, or
73-27 created into another county, the part stricken off shall be holden
74-1 for and obliged to pay its proportion of all the liabilities then
74-2 existing, of the county from which it was taken, in such manner as
74-3 may be prescribed by law.
74-4 (2) [Third.] No part of any existing county shall be
74-5 detached from it and attached to another existing county until the
74-6 proposition for such change shall have been submitted, in such
74-7 manner as may be provided by law, to a vote of the voters
74-8 [electors] of both counties, and shall have received a majority of
74-9 those voting on the question in each.
74-10 SECTION 44. Section 2, Article IX, Texas Constitution, is
74-11 amended to read as follows:
74-12 Sec. 2. The Legislature shall pass laws regulating the
74-13 manner of removing county seats, but no county seat situated within
74-14 five miles of the geographical centre of the county shall be
74-15 removed, except by a vote of two-thirds of all the voters
74-16 [electors] voting on the subject. A majority of such voters
74-17 [electors], however, voting at such election, may remove a county
74-18 seat from a point more than five miles from the geographical centre
74-19 of the county to a point within five miles of such centre, in
74-20 either case the centre to be determined by a certificate from the
74-21 Commissioner of the General Land Office.
74-22 SECTION 45. Section 4, Article IX, Texas Constitution, is
74-23 amended to read as follows:
74-24 Sec. 4. The Legislature may by law authorize the creation of
74-25 county-wide Hospital Districts in counties having a population in
74-26 excess of 190,000 and in Galveston County, with power to issue
74-27 bonds for the purchase, acquisition, construction, maintenance and
75-1 operation of any county owned hospital, or where the hospital
75-2 system is jointly operated by a county and city within the county,
75-3 and to provide for the transfer to the county-wide Hospital
75-4 District of the title to any land, buildings or equipment, jointly
75-5 or separately owned, and for the assumption by the district of any
75-6 outstanding bonded indebtedness theretofore issued by any county or
75-7 city for the establishment of hospitals or hospital facilities; to
75-8 levy a tax not to exceed seventy-five ($.75) cents on the One
75-9 Hundred ($100.00) Dollars valuation of all taxable property within
75-10 such district, provided, however, that such district shall be
75-11 approved at an election held for that purpose, and that only
75-12 qualified [, property taxpaying] voters in such county shall vote
75-13 therein; provided further, that such Hospital District shall assume
75-14 full responsibility for providing medical and hospital care to
75-15 needy inhabitants of the county, and thereafter such county and
75-16 cities therein shall not levy any other tax for hospital purposes;
75-17 and provided further that should such Hospital District construct,
75-18 maintain and support a hospital or hospital system, that the same
75-19 shall never become a charge against the State of Texas, nor shall
75-20 any direct appropriation ever be made by the Legislature for the
75-21 construction, maintenance or improvement of the said hospital or
75-22 hospitals. [Should the Legislature enact enabling laws in
75-23 anticipation of the adoption of this amendment, such Acts shall not
75-24 be invalid because of their anticipatory character.]
75-25 SECTION 46. Subsections (a), (c), and (e), Section 5,
75-26 Article IX, Texas Constitution, are amended to read as follows:
75-27 (a) The Legislature may by law authorize the creation of two
76-1 hospital districts, one to be coextensive with and have the same
76-2 boundaries as the incorporated City of Amarillo, as such boundaries
76-3 now exist or as they may hereafter be lawfully extended, and the
76-4 other to be coextensive with Wichita County.
76-5 If such district or districts are created, they may be
76-6 authorized to levy a tax not to exceed Seventy-five Cents (75 ) on
76-7 the One Hundred Dollars ($100.00) valuation of taxable property
76-8 within the district; provided, however, no tax may be levied until
76-9 approved by a majority vote of the participating resident qualified
76-10 [property taxpaying] voters [who have duly rendered their property
76-11 for taxation]. The maximum rate of tax may be changed at
76-12 subsequent elections so long as obligations are not impaired, and
76-13 not to exceed the maximum limit of Seventy-five Cents (75 ) per One
76-14 Hundred Dollars ($100.00) valuation, and no election shall be
76-15 required by subsequent changes in the boundaries of the City of
76-16 Amarillo.
76-17 If such tax is authorized, no political subdivision or
76-18 municipality within or having the same boundaries as the district
76-19 may levy a tax for medical or hospital care for needy individuals,
76-20 nor shall they maintain or erect hospital facilities, but the
76-21 district shall by resolution assume all such responsibilities and
76-22 shall assume all of the liabilities and obligations (including
76-23 bonds and warrants) of such subdivisions or municipalities or both.
76-24 The maximum tax rate submitted shall be sufficient to discharge
76-25 such obligations, liabilities, and responsibilities, and to
76-26 maintain and operate the hospital system, and the Legislature may
76-27 authorize the district to issue tax bonds for the purpose of the
77-1 purchase, construction, acquisition, repair or renovation of
77-2 improvements and initially equipping the same, and such bonds shall
77-3 be payable from said Seventy-five Cents (75 ) tax. The Legislature
77-4 shall provide for transfer of title to properties to the district.
77-5 (c) The Legislature may by law authorize the creation of a
77-6 hospital district within Jefferson County, the boundaries of which
77-7 shall include only the area comprising the Jefferson County
77-8 Drainage District No. 7 and the Port Arthur Independent School
77-9 District, as such boundaries existed on the first day of January,
77-10 1957, with the power to issue bonds for the sole purpose of
77-11 purchasing a site for, and the construction and initial equipping
77-12 of, a hospital system, and with the power to levy a tax of not to
77-13 exceed Seventy-five Cents (75 ) on the One Hundred Dollars
77-14 ($100.00) valuation of property therein for the purpose of paying
77-15 the principal and interest on such bonds.
77-16 The [creation of such hospital district shall not be final
77-17 until approved at an election by a majority of the resident
77-18 property taxpaying voters voting at said election who have duly
77-19 rendered their property for taxation upon the tax rolls of either
77-20 said Drainage or said School District, nor shall such] bonds may
77-21 not be issued or such tax be levied until [so] approved by such
77-22 voters.
77-23 The district shall not have the power to levy any tax for
77-24 maintenance or operation of the hospital or facilities, but shall
77-25 contract with other political subdivisions of the state or private
77-26 individuals, associations, or corporations for such purposes.
77-27 If the district hereinabove authorized is finally created, no
78-1 other hospital district may be created embracing any part of the
78-2 territory within its boundaries, but the Legislature by law may
78-3 authorize the creation of a hospital district incorporating therein
78-4 the remainder of Jefferson County, having the powers and duties and
78-5 with the limitations presently provided by Article IX, Section 4,
78-6 of the Constitution of Texas[, except that such district shall be
78-7 confirmed at an election wherein the resident qualified property
78-8 taxpaying voters who have duly rendered their property within such
78-9 proposed district for taxation on the county rolls, shall be
78-10 authorized to vote]. A majority of those participating in the
78-11 election voting in favor of the district shall be necessary for
78-12 [its confirmation and for] bonds to be issued.
78-13 (e) The legislature by law may authorize Randall County to
78-14 render financial assistance to the Amarillo Hospital District by
78-15 paying part of the district's operating and maintenance expenses
78-16 and the debts assumed or created by the district and to levy a tax
78-17 for that purpose in an amount not to exceed seventy-five cents
78-18 (75 ) on the One Hundred Dollars ($100.00) valuation on all
78-19 property in Randall County that is not within the boundaries of the
78-20 City of Amarillo or the South Randall County Hospital District.
78-21 This tax is in addition to any other tax authorized by this
78-22 constitution. If the tax is authorized by the legislature and
78-23 approved by the voters of the area to be taxed, the Amarillo
78-24 Hospital District shall, by resolution, assume the
78-25 responsibilities, obligations, and liabilities of Randall County in
78-26 accordance with Subsection (a) of this section and, except as
78-27 provided by this subsection, Randall County may not levy taxes or
79-1 issue bonds for hospital purposes or for providing hospital care
79-2 for needy inhabitants of the county. [Not later than the end of
79-3 the first tax year during which taxes are levied under this
79-4 subsection, Randall County shall deposit in the State Treasury to
79-5 the credit of the state General Revenue Fund $45,000 to reimburse
79-6 the state for the cost of publishing the resolution required by
79-7 this subsection.]
79-8 SECTION 47. Subsection (a), Section 8, Article IX, Texas
79-9 Constitution, is amended to read as follows:
79-10 (a) The Legislature may by law authorize the creation of a
79-11 Hospital District to be co-extensive with the limits of County
79-12 Commissioners Precinct No. 4 of Comanche County, Texas.
79-13 If such District is created, it may be authorized to levy a
79-14 tax not to exceed seventy-five cents (75 ) on the One Hundred
79-15 Dollar ($100) valuation of taxable property within the District;
79-16 provided, however, no tax may be levied until approved by a
79-17 majority vote of the participating resident qualified [property
79-18 taxpaying] voters [who have duly rendered their property for
79-19 taxation]. The maximum rate of tax may be changed at subsequent
79-20 elections so long as obligations are not impaired, and not to
79-21 exceed the maximum limit of seventy-five cents (75 ) per One
79-22 Hundred Dollar ($100) valuation, and no election shall be required
79-23 by subsequent changes in the boundaries of the Commissioners
79-24 Precinct No. 4 of Comanche County.
79-25 If such tax is authorized, no political subdivision or
79-26 municipality within or having the same boundaries as the District
79-27 may levy a tax for medical or hospital care for needy individuals,
80-1 nor shall they maintain or erect hospital facilities, but the
80-2 District shall by resolution assume all such responsibilities and
80-3 shall assume all of the liabilities and obligations (including
80-4 bonds and warrants) of such subdivisions or municipalities or both.
80-5 The maximum tax rate submitted shall be sufficient to discharge
80-6 such obligations, liabilities, and responsibilities, and to
80-7 maintain and operate the hospital system, and the Legislature may
80-8 authorize the District to issue tax bonds for the purpose of the
80-9 purchase, construction, acquisition, repair or renovation of
80-10 improvements and initially equipping the same, and such bonds shall
80-11 be payable from said seventy-five cent (75 ) tax. The Legislature
80-12 shall provide for transfer of title to properties to the District.
80-13 SECTION 48. Section 11, Article IX, Texas Constitution, is
80-14 amended to read as follows:
80-15 Sec. 11. (a) The Legislature may by law authorize the
80-16 creation of hospital districts in Ochiltree, Castro, Hansford and
80-17 Hopkins Counties, each district to be coextensive with the limits
80-18 of such county.
80-19 (b) If any such district is created, it may be authorized to
80-20 levy a tax not to exceed Seventy-five Cents (75 ) on the One
80-21 Hundred Dollar ($100) valuation of taxable property within the
80-22 district; provided, however, no tax may be levied until approved by
80-23 a majority vote of the participating resident qualified
80-24 [property-taxpaying] voters [who have duly rendered their property
80-25 for taxation]. The maximum rate of tax may be changed at
80-26 subsequent elections so long as obligations are not impaired, and
80-27 not to exceed the maximum limit of Seventy-five Cents (75 ) per One
81-1 Hundred Dollar ($100) valuation.
81-2 (c) If such tax is authorized, no political subdivision or
81-3 municipality within or having the same boundaries as the district
81-4 may levy a tax for medical or hospital care for needy individuals,
81-5 nor shall they maintain or erect hospital facilities, but the
81-6 district shall by resolution assume all such responsibilities and
81-7 shall assume all of the liabilities and obligations (including
81-8 bonds and warrants) of such subdivisions or municipalities or both.
81-9 The maximum tax rate submitted shall be sufficient to discharge
81-10 obligations, liabilities, and responsibilities, and to maintain and
81-11 operate the hospital system, and the Legislature may authorize the
81-12 district to issue tax bonds for the purpose of the purchase,
81-13 construction, acquisition, repair or renovation of improvements and
81-14 initially equipping the same, and such bonds shall be payable from
81-15 said Seventy-five Cent (75 ) tax. The Legislature shall provide
81-16 for transfer of title to properties to the district.
81-17 [Should the Legislature enact enabling laws in anticipation
81-18 of the adoption of the amendment, such Acts shall not be invalid
81-19 because of their anticipatory character.]
81-20 SECTION 49. Section 12, Article IX, Texas Constitution, is
81-21 amended to read as follows:
81-22 Sec. 12. (a) The Legislature may by law provide for the
81-23 creation, establishment, maintenance and operation of Airport
81-24 Authorities composed of one or more counties, with power to issue
81-25 general obligation bonds, revenue bonds, either or both of them,
81-26 for the purchase, acquisition by the exercise of the power of
81-27 eminent domain or otherwise, construction, reconstruction, repair
82-1 or renovation of any airport or airports, landing fields and
82-2 runways, airport buildings, hangars, facilities, equipment,
82-3 fixtures, and any and all property, real or personal, necessary to
82-4 operate, equip and maintain an airport.
82-5 (b) The Legislature[;] shall provide for the option by the
82-6 governing body of the city or cities whose airport facilities are
82-7 served by certificated airlines and whose facility or some interest
82-8 therein, is proposed to be or has been acquired by the Authority,
82-9 to either appoint or elect a Board of Directors of said Authority.
82-10 If[; if] the Directors are appointed such appointment shall be made
82-11 by the County Commissioners Court after consultation with and
82-12 consent of the governing body or bodies of such city or cities.
82-13 If[, and if] the Board of Directors is elected they shall be
82-14 elected by the qualified [taxpaying] voters of the county which
82-15 chooses to elect the Directors to represent that county.[, such]
82-16 Directors shall serve without compensation for a term fixed by the
82-17 Legislature not to exceed six (6) years, [and] shall be selected on
82-18 the basis of the proportionate population of each county based upon
82-19 the last preceding Federal Census, and shall be [a resident or]
82-20 residents of such county. No[; provide that no] county shall have
82-21 less than one (1) member on the Board of Directors.
82-22 (c) The Legislature shall[;] provide for the holding of an
82-23 election in each county proposing the creation of an Authority to
82-24 be called by the Commissioners Court or Commissioners Courts, as
82-25 the case may be, upon petition of five per cent (5%) of the
82-26 qualified [taxpaying] voters within the county or counties. The[,
82-27 said] elections must [to] be held on the same day if more than one
83-1 county is included. No[, provided that no] more than one (1) such
83-2 election may be called in a county until after the expiration of
83-3 one (1) year[;] in the event such an election has failed, and
83-4 thereafter only upon a petition of ten per cent (10%) of the
83-5 qualified [taxpaying] voters being presented to the Commissioners
83-6 Court or Commissioners Courts of the county or counties in which
83-7 such an election has failed. In[, and in] the event that two or
83-8 more counties vote on the proposition of the creation of an
83-9 Authority therein, the proposition shall not be deemed to carry
83-10 unless the majority of the qualified [taxpaying] voters in each
83-11 county voting thereon vote in favor thereof. An[; provided,
83-12 however, that an] Airport Authority may be created and be composed
83-13 of the county or counties that vote in favor of its creation if
83-14 separate propositions are submitted to the voters of each county so
83-15 that they may vote for a two or more county Authority or a single
83-16 county Authority.
83-17 (d) The Legislature shall[;] provide for the appointment by
83-18 the Board of Directors of an Assessor and Collector of Taxes in the
83-19 Authority, whether constituted of one or more counties, whose duty
83-20 it shall be to assess all taxable property, both real and personal,
83-21 and collect the taxes thereon, based upon the tax rolls approved by
83-22 the Board of Directors, the tax to be levied not to exceed
83-23 Seventy-Five Cents (75 ) per One Hundred Dollars ($100) assessed
83-24 valuation of the property. The[, provided, however, that the]
83-25 property of state regulated common carriers required by law to pay
83-26 a tax upon intangible assets shall not be subject to taxation by
83-27 the Authority. The[, said] taxable property shall be assessed on a
84-1 valuation not to exceed the market value and shall be equal and
84-2 uniform throughout the Authority as is otherwise provided by the
84-3 Constitution.
84-4 (e) The[; the] Legislature shall authorize the purchase or
84-5 acquisition by the Authority of any existing airport facility
84-6 publicly owned and financed and served by certificated airlines, in
84-7 fee or of any interest therein, or to enter into any lease
84-8 agreement therefor, upon such terms and conditions as may be
84-9 mutually agreeable to the Authority and the owner of such
84-10 facilities, or authorize the acquisition of same through the
84-11 exercise of the power of eminent domain. In[, and in] the event of
84-12 such acquisition, if there are any general obligation bonds that
84-13 the owner of the publicly owned airport facility has outstanding,
84-14 the same shall be fully assumed by the Authority and sufficient
84-15 taxes levied by the Authority to discharge said outstanding
84-16 indebtedness. If[; and likewise] any city or owner [that] has
84-17 outstanding revenue bonds where the revenues of the airport have
84-18 been pledged or said bonds constitute a lien against the airport
84-19 facilities, the Authority shall assume and discharge all the
84-20 obligations of the city under the ordinances and bond indentures
84-21 under which said revenue bonds have been issued and sold.
84-22 (f) Any city which owns airport facilities not serving
84-23 certificated airlines which are not purchased or acquired or taken
84-24 over as herein provided by such Authority[,] shall have the power
84-25 to operate the same under the existing laws or as the same may
84-26 hereafter be amended.
84-27 (g) Any such Authority when created may be granted the power
85-1 and authority to promulgate, adopt and enforce appropriate zoning
85-2 regulations to protect the airport from hazards and obstructions
85-3 which would interfere with the use of the airport and its
85-4 facilities for landing and take-off.
85-5 (h) An[;-an] additional county or counties may be added to
85-6 an existing Authority if a petition of five per cent (5%) of the
85-7 qualified [taxpaying] voters is filed with and an election is
85-8 called by the Commissioners Court of the county or counties seeking
85-9 admission to an Authority. If [and] the vote is favorable, then
85-10 admission may be granted to such county or counties by the Board of
85-11 Directors of the then existing Authority upon such terms and
85-12 conditions as they may agree upon and evidenced by a resolution
85-13 approved by two-thirds (2/3rds) of the then existing Board of
85-14 Directors. The[, provided, however, the] county or counties that
85-15 may be so added to the then existing Authority shall be given
85-16 representation on the Board of Directors by adding additional
85-17 directors in proportion to their population according to the last
85-18 preceding Federal census.
85-19 SECTION 50. Section 2, Article XI, Texas Constitution, is
85-20 amended to read as follows:
85-21 Sec. 2. The construction of jails, court-houses and bridges
85-22 [and the establishment of county poor houses and farms,] and the
85-23 laying out, construction and repairing of county roads shall be
85-24 provided for by general laws.
85-25 SECTION 51. Subsection (b), Section 30, Article XVI, Texas
85-26 Constitution, is amended to read as follows:
85-27 (b) The [When a] Railroad Commission [is created by law it]
86-1 shall be composed of three Commissioners who shall be elected by
86-2 the people at a general election for State officers, and their
86-3 terms of office shall be six years. [Railroad Commissioners first
86-4 elected after this amendment goes into effect shall hold office as
86-5 follows: One shall serve two years, and one four years, and one
86-6 six years; their terms to be decided by lot immediately after they
86-7 shall have qualified.] And one Railroad Commissioner shall be
86-8 elected every two years [thereafter]. In case of vacancy in said
86-9 office the Governor of the State shall fill said vacancy by
86-10 appointment until the next general election.
86-11 SECTION 52. Section 44, Article XVI, Texas Constitution, is
86-12 amended to read as follows:
86-13 Sec. 44. (a) Except as otherwise provided by this section,
86-14 the Legislature shall prescribe the duties and provide for the
86-15 election by the qualified voters of each county in this State, of a
86-16 County Treasurer and a County Surveyor, who shall have an office at
86-17 the county seat, and hold their office for four years, and until
86-18 their successors are qualified; and shall have such compensation as
86-19 may be provided by law.
86-20 (b) The office of County Treasurer or County Surveyor does
86-21 not exist in those counties in which the office has been abolished
86-22 pursuant to constitutional amendment or pursuant to the authority
86-23 of Subsection (c) of this section [in the counties of Tarrant and
86-24 Bee is abolished and all the powers, duties, and functions of the
86-25 office in each of these counties are transferred to the County
86-26 Auditor or to the officer who succeeds to the auditor's functions.
86-27 The office of County Treasurer in the counties of Bexar and Collin
87-1 are abolished and all the powers, duties, and functions of the
87-2 office in each of these counties are transferred to the County
87-3 Clerk. However, the office of County Treasurer shall be abolished
87-4 in the counties covered by this subsection only after a local
87-5 election has been held in each county and the proposition "to
87-6 abolish the elective office of county treasurer" has passed by a
87-7 majority of those persons voting in said election].
87-8 [(c) The office of County Treasurer in the counties of
87-9 Andrews and Gregg is abolished. In Andrews County, the powers,
87-10 duties, and functions of the office are transferred to the County
87-11 Auditor of the county or to the officer who succeeds to the
87-12 auditor's functions. In Gregg County, the functions of the office
87-13 are transferred to an elected official or the County Auditor as
87-14 designated by the Commissioners Court, and the Commissioners Court
87-15 may from time to time change its designation as it considers
87-16 appropriate.]
87-17 [(d) The office of County Treasurer in the counties of El
87-18 Paso and Fayette is abolished. In El Paso County, the
87-19 Commissioners Court may employ or contract with a qualified person
87-20 or may designate another county officer to perform any of the
87-21 functions that would have been performed by the County Treasurer if
87-22 the office had not been abolished. In Fayette County, the
87-23 functions of the abolished office are transferred to the County
87-24 Auditor or to the officer who succeeds to the auditor's functions.
87-25 However, the office of County Treasurer in El Paso or Fayette
87-26 County is abolished under this subsection only if, at the statewide
87-27 election at which the constitutional amendment providing for the
88-1 abolition of the office in that county is submitted to the voters,
88-2 a majority of the voters of that county voting on the question at
88-3 that election favor the amendment.]
88-4 [(e) The office of County Surveyor in the counties of
88-5 Denton, Randall, Collin, Dallas, El Paso, McLennan, and Henderson
88-6 is abolished upon the approval of the abolition by a majority of
88-7 the qualified voters of the respective county voting on the
88-8 question at an election that the Commissioners Court of the county
88-9 may call. If the election is called, the Commissioners Court shall
88-10 order the ballot at the election to be printed to provide for
88-11 voting for or against the proposition: "Abolishing the office of
88-12 county surveyor." Each qualified voter of the county is entitled
88-13 to vote in the election. If the office of County Surveyor is
88-14 abolished under this subsection, the maps, field notes, and other
88-15 records in the custody of the County Surveyor are transferred to
88-16 the County Clerk of the county. After abolition, the Commissioners
88-17 Court may employ or contract with a qualified person to perform any
88-18 of the functions that would have been performed by the County
88-19 Surveyor if the office had not been abolished.]
88-20 [(f) This subsection applies only to the counties of Cass,
88-21 Ector, Garza, Smith, Bexar, Harris, and Webb. The office of County
88-22 Surveyor in the county is abolished on January 1, 1990, if at the
88-23 statewide election at which the addition to the Constitution of
88-24 this subsection is submitted to the voters, a majority of the
88-25 voters of that county voting on the question at that election favor
88-26 the addition of this subsection. If the office of County Surveyor
88-27 is abolished in a county under this subsection, the powers, duties,
89-1 and functions of the office are transferred to the county officer
89-2 or employee designated by the Commissioners Court of the county in
89-3 which the office is abolished, and the Commissioners Court may from
89-4 time to time change its designation as it considers appropriate.]
89-5 [(g) The office of County Treasurer in Nueces County is
89-6 abolished and all powers, duties, and functions of this office are
89-7 transferred to the County Clerk. However, the office of County
89-8 Treasurer in Nueces County is abolished under this subsection only
89-9 if, at the statewide election at which this amendment is submitted
89-10 to the voters, a majority of the voters of Nueces County voting on
89-11 the question at that election favor the amendment. The office of
89-12 County Treasurer of Nueces County is abolished on January 1, 1988,
89-13 if the conditions of this subsection are met. If that office in
89-14 Nueces County is not abolished, this subsection expires on January
89-15 1, 1988.]
89-16 (c) [(h)] The Commissioners Court of a county may call an
89-17 election to abolish the office of County Surveyor in the county.
89-18 The office of County Surveyor in the county is abolished if a
89-19 majority of the voters of the county voting on the question at that
89-20 election approve the abolition. If an election is called under
89-21 this subsection, the Commissioners Court shall order the ballot for
89-22 the election to be printed to provide for voting for or against the
89-23 proposition: "Abolishing the office of county surveyor of this
89-24 county." If the office of County Surveyor is abolished under this
89-25 subsection, the maps, field notes, and other records in the custody
89-26 of the County Surveyor are transferred to the county officer or
89-27 employee designated by the Commissioners Court of the county in
90-1 which the office is abolished, and the Commissioners Court may from
90-2 time to time change its designation as it considers appropriate.
90-3 SECTION 53. Subsection (c), Section 59, Article XVI, Texas
90-4 Constitution, is amended to read as follows:
90-5 (c) The Legislature shall authorize all such indebtedness as
90-6 may be necessary to provide all improvements and the maintenance
90-7 thereof requisite to the achievement of the purposes of this
90-8 amendment. All[, and all] such indebtedness may be evidenced by
90-9 bonds of such conservation and reclamation districts, to be issued
90-10 under such regulations as may [amy] be prescribed by law. The
90-11 Legislature [and] shall also[,] authorize the levy and collection
90-12 within such districts of all such taxes, equitably distributed, as
90-13 may be necessary for the payment of the interest and the creation
90-14 of a sinking fund for the payment of such bonds[;] and [also] for
90-15 the maintenance of such districts and improvements. Such[, and
90-16 such] indebtedness shall be a lien upon the property assessed for
90-17 the payment thereof. The[; provided the] Legislature shall not
90-18 authorize the issuance of any bonds or provide for any indebtedness
90-19 against any reclamation district unless such proposition shall
90-20 first be submitted to the qualified [property tax-paying] voters of
90-21 such district and the proposition adopted.
90-22 SECTION 54. Section 61, Article XVI, Texas Constitution, is
90-23 amended to read as follows:
90-24 Sec. 61. (a) All district officers in the State of Texas
90-25 and all county officers in counties having a population of twenty
90-26 thousand (20,000) or more, according to the then last preceding
90-27 Federal Census, shall be compensated on a salary basis.
91-1 (b) In all counties in this State, the Commissioners Courts
91-2 shall be authorized to determine whether precinct officers shall be
91-3 compensated on a fee basis or on a salary basis, with the exception
91-4 that it shall be mandatory upon the Commissioners Courts, to
91-5 compensate all justices of the peace, constables, deputy constables
91-6 and precinct law enforcement officers on a salary basis.
91-7 (c) In [beginning January 1, 1973; and in] counties having a
91-8 population of less than twenty thousand (20,000), according to the
91-9 then last preceding Federal Census, the Commissioners Courts [shall
91-10 also] have the authority to determine whether county officers shall
91-11 be compensated on a fee basis or on a salary basis, with the
91-12 exception that it shall be mandatory upon the Commissioners Courts
91-13 to compensate all sheriffs, deputy sheriffs, county law enforcement
91-14 officers including sheriffs who also perform the duties of assessor
91-15 and collector of taxes, and their deputies, on a salary basis
91-16 [beginning January 1, 1949].
91-17 (d) All fees earned by district, county and precinct
91-18 officers shall be paid into the county treasury where earned for
91-19 the account of the proper fund, provided that fees incurred by the
91-20 State, county and any municipality, or in case where a pauper's
91-21 oath is filed, shall be paid into the county treasury when
91-22 collected and provided that where any officer is compensated wholly
91-23 on a fee basis such fees may be retained by such officer or paid
91-24 into the treasury of the county as the Commissioners Court may
91-25 direct.
91-26 (e) All Notaries Public, county surveyors and public
91-27 weighers shall continue to be compensated on a fee basis.
92-1 SECTION 55. Section 65, Article XVI, Texas Constitution, is
92-2 amended to read as follows:
92-3 Sec. 65. (a) This section applies to the following offices
92-4 [Staggering Terms of Office--The following officers elected at the
92-5 General Election in November, 1954, and thereafter, shall serve for
92-6 the full terms provided in this Constitution]:
92-7 [(a)] District Clerks; [(b)] County Clerks;
92-8 [(c)] County Judges; [(d)] Judges of the County Courts at Law,
92-9 County Criminal Courts, County Probate Courts and County Domestic
92-10 Relations Courts; [(e)] County Treasurers; [(f)] Criminal
92-11 District Attorneys; [(g)] County Surveyors; [(h)] Inspectors of
92-12 Hides and Animals; [(i)] County Commissioners [for Precincts Two
92-13 and Four]; [(j)] Justices of the Peace;[.]
92-14 [Notwithstanding other provisions of this Constitution, the
92-15 following officers elected at the General Election in November,
92-16 1954, shall serve only for terms of two (2) years: (a)] Sheriffs;
92-17 [(b)] Assessors and Collectors of Taxes; [(c)] District
92-18 Attorneys; [(d)] County Attorneys; [(e)] Public Weighers; and
92-19 [(f) County Commissioners for Precincts One and Three;
92-20 (g)] Constables. [At subsequent elections, such officers shall be
92-21 elected for the full terms provided in this Constitution.]
92-22 [In any district, county or precinct where any of the
92-23 aforementioned offices is of such nature that two (2) or more
92-24 persons hold such office, with the result that candidates file for
92-25 "Place No. 1," "Place No. 2," etc., the officers elected at the
92-26 General Election in November, 1954, shall serve for a term of two
92-27 (2) years if the designation of their office is an uneven number,
93-1 and for a term of four (4) years if the designation of their office
93-2 is an even number. Thereafter, all such officers shall be elected
93-3 for the terms provided in this Constitution.]
93-4 (b) If [Provided, however, if] any of the officers named
93-5 herein shall announce their candidacy, or shall in fact become a
93-6 candidate, in any General, Special or Primary Election, for any
93-7 office of profit or trust under the laws of this State or the
93-8 United States other than the office then held, at any time when the
93-9 unexpired term of the office then held shall exceed one (1) year,
93-10 such announcement or such candidacy shall constitute an automatic
93-11 resignation of the office then held, and the vacancy thereby
93-12 created shall be filled pursuant to law in the same manner as other
93-13 vacancies for such office are filled.
93-14 SECTION 56. Section 1, Article XVII, Texas Constitution, is
93-15 amended to read as follows:
93-16 Sec. 1. (a) The Legislature, at any regular session, or at
93-17 any special session when the matter is included within the purposes
93-18 for which the session is convened, may propose amendments revising
93-19 the Constitution, to be voted upon by the qualified voters
93-20 [electors] for statewide offices and propositions, as defined in
93-21 the Constitution and statutes of this State. The date of the
93-22 elections shall be specified by the Legislature. The proposal for
93-23 submission must be approved by a vote of two-thirds of all the
93-24 members elected to each House, entered by yeas and nays on the
93-25 journals.
93-26 (b) A brief explanatory statement of the nature of a
93-27 proposed amendment, together with the date of the election and the
94-1 wording of the proposition as it is to appear on the ballot, shall
94-2 be published twice in each newspaper in the State which meets
94-3 requirements set by the Legislature for the publication of official
94-4 notices of officers and departments of the state government. The
94-5 explanatory statement shall be prepared by the Secretary of State
94-6 and shall be approved by the Attorney General. The Secretary of
94-7 State shall send a full and complete copy of the proposed amendment
94-8 or amendments to each county clerk who shall post the same in a
94-9 public place in the courthouse at least 30 days prior to the
94-10 election on said amendment. The first notice shall be published
94-11 not more than 60 days nor less than 50 days before the date of the
94-12 election, and the second notice shall be published on the same day
94-13 in the succeeding week. The Legislature shall fix the standards
94-14 for the rate of charge for the publication, which may not be higher
94-15 than the newspaper's published national rate for advertising per
94-16 column inch.
94-17 (c) The election shall be held in accordance with procedures
94-18 prescribed by the Legislature, and the returning officer in each
94-19 county shall make returns to the Secretary of State of the number
94-20 of legal votes cast at the election for and against each amendment.
94-21 If it appears from the returns that a majority of the votes cast
94-22 have been cast in favor of an amendment, it shall become a part of
94-23 this Constitution, and proclamation thereof shall be made by the
94-24 Governor.
94-25 SECTION 57. The following provisions of the Texas
94-26 Constitution are repealed:
94-27 (1) Article III, Sections 26a, 50b, 50b-1, 50b-2,
95-1 50b-3, and 54;
95-2 (2) Article VIII, Sections 1-b-1, 1-c, and 5;
95-3 (3) Article IX, Section 6;
95-4 (4) Article XI, Section 6;
95-5 (5) Article XVI, Sections 18, 47, 53, 66, and 70(r);
95-6 and
95-7 (6) Article XVII, Section 2.
95-8 SECTION 58. The following temporary provision is added to
95-9 the Texas Constitution:
95-10 TEMPORARY TRANSITION PROVISIONS. (a) This section applies
95-11 to amendments proposed by H.J.R. No. 62, 76th Legislature, Regular
95-12 Session, 1999.
95-13 (b) The amendments do not impair any obligation created by
95-14 the issuance of bonds or other evidences of indebtedness in
95-15 accordance with prior law, and all bonds or other evidences of
95-16 indebtedness validly issued under provisions amended or repealed
95-17 remain valid, enforceable, and binding according to their terms
95-18 and shall be paid from the sources pledged. Bonds or other
95-19 evidences of indebtedness authorized but unissued on the effective
95-20 date of the amendments may be issued in compliance with and subject
95-21 to the provisions of the prior law. The amendments do not reduce
95-22 or expand the authority to provide for, issue, or sell bonds or
95-23 other evidences of indebtedness previously authorized.
95-24 (c) As of the date of adoption of H.J.R. No. 62 by the 76th
95-25 Legislature, Regular Session, 1999, the Veterans' Land Board has
95-26 authorized but unissued bonds in the aggregate principal amount of
95-27 $190,002,225 for the purpose of providing funds for the Veterans'
96-1 Land Fund, $1,309,997,775 having previously been issued for that
96-2 purpose, and $615,000,000 for the purpose of providing funds for
96-3 the Veterans' Housing Assistance Fund II, $385,000,000 having
96-4 previously been issued for that purpose. The amendments do not in
96-5 any manner impair the authority of the Veterans' Land Board
96-6 hereafter to issue bonds or incur other evidences of indebtedness,
96-7 provided that any bonds or other evidences of indebtedness issued
96-8 or incurred by the Veterans' Land Board prior to adoption of the
96-9 amendments shall cause the amount of authorized but unissued bonds
96-10 described in this subsection to be reduced by the amount of the
96-11 bonds so issued or other evidences of indebtedness so incurred.
96-12 (d) As of the date of adoption of H.J.R. No. 62 by the 76th
96-13 Legislature, Regular Session, 1999, the Texas Water Development
96-14 Board has authorized but unissued bonds in the aggregate principal
96-15 amount of $945,765,000, and as of that date that board has issued
96-16 $113,300,000 in bonds for the purpose of providing wholesale and
96-17 retail water and wastewater facilities to economically distressed
96-18 areas of the state, as defined by law. The amendments do not in
96-19 any manner impair the authority of the Texas Water Development
96-20 Board hereafter to issue bonds or incur other evidences of
96-21 indebtedness, provided that any bonds or other evidences of
96-22 indebtedness issued or incurred by the Texas Water Development
96-23 Board prior to adoption of the amendments shall cause the amount of
96-24 authorized but unissued bonds described in this subsection to be
96-25 reduced by the amount of the bonds so issued or other evidences of
96-26 indebtedness so incurred.
96-27 (e) As of the date of adoption of H.J.R. No. 62 by the 76th
97-1 Legislature, Regular Session, 1999, the Texas Higher Education
97-2 Coordinating Board has authorized but unissued bonds in the
97-3 aggregate principal amount of $150,000,000, and as of that date the
97-4 board has issued $810,000,000 in bonds for the purpose of
97-5 educational loans to students. The amendments do not in any manner
97-6 impair the authority of the Texas Higher Education Coordinating
97-7 Board hereafter to issue bonds or incur other evidences of
97-8 indebtedness, provided that any bonds or other evidences of
97-9 indebtedness issued or incurred by the Texas Higher Education
97-10 Coordinating Board prior to adoption of the amendments shall cause
97-11 the amount of authorized but unissued bonds described in this
97-12 subsection to be reduced by the amount of the bonds so issued or
97-13 other evidences of indebtedness so incurred.
97-14 (f) The amendment of Subsection (b), Section 1-b, Article
97-15 VIII, does not affect the increase in the amount of an exemption
97-16 effective January 1, 1979, under that subsection, and that increase
97-17 is preserved and given effect in accordance with the prior law.
97-18 (g) The amendment of Subsection (b), Section 1-j, Article
97-19 VIII, does not affect the taxation of personal property in
97-20 accordance with action taken under that section before April 1,
97-21 1990, and that authority to tax personal property is preserved and
97-22 given effect in accordance with the prior law.
97-23 (h) The amendment of Subsection (c), Section 5, Article IX,
97-24 does not affect the validity of a confirmation election held in
97-25 accordance with that section.
97-26 (i) The repeal of Section 5, Article VIII, does not affect
97-27 the power of a municipality to impose and collect taxes on the
98-1 property of railroad companies in accordance with the general
98-2 authority of municipalities under this constitution to impose and
98-3 collect those taxes.
98-4 (j) The repeal of Section 6, Article IX, does not affect the
98-5 disposition of assets of the Lamar County Hospital District in
98-6 accordance with that section.
98-7 (k) The amendment of Section 44, Article XVI, does not
98-8 affect the power of a county to abolish the office of county
98-9 treasurer or county surveyor in accordance with previously adopted
98-10 amendments of that section, and the power is preserved in
98-11 accordance with the prior law.
98-12 (l) The repeal of Section 66, Article XVI, does not affect
98-13 the pensions payable under that section and those pensions shall be
98-14 paid in accordance with the prior law.
98-15 (m) The reenactment of any provision for purposes of
98-16 amendment does not revive a provision that may have been impliedly
98-17 repealed by the adoption of a later amendment.
98-18 (n) The amendment of any provision does not affect vested
98-19 rights.
98-20 SECTION 59. This proposed constitutional amendment shall be
98-21 submitted to the voters at an election to be held on November 2,
98-22 1999. The ballot shall be printed to permit voting for or against
98-23 the proposition: "The constitutional amendment to eliminate
98-24 duplicative, executed, obsolete, archaic, and ineffective
98-25 provisions of the Texas Constitution."