By Mowery H.J.R. No. 62
76R3891 SRC-F
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) Either[; provided, however, either] House may otherwise
3-9 determine its order of business by an affirmative vote of
3-10 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 25, Article III, Texas Constitution, is
4-9 amended to read as follows:
4-10 Sec. 25. The State shall be divided into Senatorial
4-11 Districts of contiguous territory according to the number of
4-12 qualified voters [electors], as nearly as may be, and each district
4-13 shall be entitled to elect one Senator[; and no single county shall
4-14 be entitled to more than one Senator].
4-15 SECTION 9. Section 33, Article III, Texas Constitution, is
4-16 amended to read as follows:
4-17 Sec. 33. All bills for raising revenue shall originate in
4-18 the House of Representatives[, but the Senate may amend or reject
4-19 them as other bills].
4-20 SECTION 10. Section 32, Article III, Texas Constitution, is
4-21 amended to read as follows:
4-22 Sec. 32. No bill shall have the force of a law, until it has
4-23 been read on three several days in each House, and free discussion
4-24 allowed thereon; but [in cases of imperative public necessity
4-25 (which necessity shall be stated in a preamble or in the body of
4-26 the bill)] four-fifths of the House, in which the bill may be
4-27 pending, may suspend this rule, the yeas and nays being taken on
5-1 the question of suspension, and entered upon the journals.
5-2 SECTION 11. Section 39, Article III, Texas Constitution, is
5-3 amended to read as follows:
5-4 Sec. 39. No law passed by the Legislature, except the
5-5 general appropriation act, shall take effect or go into force until
5-6 ninety days after the adjournment of the session at which it was
5-7 enacted, unless [in case of an emergency, which emergency must be
5-8 expressed in a preamble or in the body of the act,] the Legislature
5-9 shall, by a vote of two-thirds of all the members elected to each
5-10 House, otherwise direct; said vote to be taken by yeas and nays,
5-11 and entered upon the journals.
5-12 SECTION 12. Section 48-e, Article III, Texas Constitution,
5-13 is amended to read as follows:
5-14 Sec. 48-e. Laws may be enacted to provide for the
5-15 establishment and creation of special districts to provide
5-16 emergency services and to authorize the commissioners courts of
5-17 participating counties to levy a tax on the ad valorem property
5-18 situated in said districts not to exceed Ten Cents (10 ) on the One
5-19 Hundred Dollars ($100.00) valuation for the support thereof;
5-20 provided that no tax shall be levied in support of said districts
5-21 until approved by a vote of the qualified voters [electors]
5-22 residing therein. Such a district may provide emergency medical
5-23 services, emergency ambulance services, rural fire prevention and
5-24 control services, or other emergency services authorized by the
5-25 Legislature.
5-26 SECTION 13. Section 48-f, Article III, Texas Constitution,
5-27 is amended to read as follows:
6-1 Sec. 48-f. The legislature, by law, may provide for the
6-2 creation, operation, and financing of jail districts and may
6-3 authorize each district to issue bonds and other obligations and to
6-4 levy an ad valorem tax on property located in the district to pay
6-5 principal of and interest on the bonds and to pay for operation of
6-6 the district. An ad valorem tax may not be levied and bonds secured
6-7 by a property tax may not be issued until approved by the qualified
6-8 voters [electors] of the district voting at an election called and
6-9 held for that purpose.
6-10 SECTION 14. Section 49a, Article III, Texas Constitution, is
6-11 amended to read as follows:
6-12 Sec. 49a. (a) It shall be the duty of the Comptroller of
6-13 Public Accounts in advance of each Regular Session of the
6-14 Legislature to prepare and submit to the Governor and to the
6-15 Legislature upon its convening a statement under oath showing fully
6-16 the financial condition of the State Treasury at the close of the
6-17 last fiscal period and an estimate of the probable receipts and
6-18 disbursements for the then current fiscal year. There shall also
6-19 be contained in said statement an itemized estimate of the
6-20 anticipated revenue based on the laws then in effect that will be
6-21 received by and for the State from all sources showing the fund
6-22 accounts to be credited during the succeeding biennium and said
6-23 statement shall contain such other information as may be required
6-24 by law. Supplemental statements shall be submitted at any Special
6-25 Session of the Legislature and at such other times as may be
6-26 necessary to show probable changes.
6-27 (b) Except [From and after January 1, 1945, save] in the
7-1 case of emergency and imperative public necessity and with a
7-2 four-fifths vote of the total membership of each House, no
7-3 appropriation in excess of the cash and anticipated revenue of the
7-4 funds from which such appropriation is to be made shall be valid.
7-5 No [From and after January 1, 1945, no] bill containing an
7-6 appropriation shall be considered as passed or be sent to the
7-7 Governor for consideration until and unless the Comptroller of
7-8 Public Accounts endorses his certificate thereon showing that the
7-9 amount appropriated is within the amount estimated to be available
7-10 in the affected funds. When the Comptroller finds an appropriation
7-11 bill exceeds the estimated revenue he shall endorse such finding
7-12 thereon and return to the House in which same originated. Such
7-13 information shall be immediately made known to both the House of
7-14 Representatives and the Senate and the necessary steps shall be
7-15 taken to bring such appropriation to within the revenue, either by
7-16 providing additional revenue or reducing the appropriation.
7-17 [For the purpose of financing the outstanding obligations of
7-18 the General Revenue Fund of the State and placing its current
7-19 accounts on a cash basis the Legislature of the State of Texas is
7-20 hereby authorized to provide for the issuance, sale, and retirement
7-21 of serial bonds, equal in principal to the total outstanding,
7-22 valid, and approved obligations owing by said fund on September 1,
7-23 1943, provided such bonds shall not draw interest in excess of two
7-24 (2) per cent per annum and shall mature within twenty (20) years
7-25 from date.]
7-26 SECTION 15. Sections 49-b, 49-b-1, 49-b-2, and 49-b-3,
7-27 Article III, Texas Constitution, are combined, reenacted as Section
8-1 49-b, and amended to read as follows:
8-2 Sec. 49-b. (a) The [By virtue of prior Amendments to this
8-3 Constitution, there has been created a governmental agency of the
8-4 State of Texas performing governmental duties which has been
8-5 designated the] Veterans' Land Board[. Said Board shall continue
8-6 to function for the purposes specified in all of the prior
8-7 Constitutional Amendments except as modified herein. Said Board]
8-8 shall be composed of the Commissioner of the General Land Office
8-9 and two (2) citizens of the State of Texas, one (1) of whom shall
8-10 be well versed in veterans' affairs and one (1) of whom shall be
8-11 well versed in finances. One (1) such citizen member shall, with
8-12 the advice and consent of the Senate, be appointed biennially by
8-13 the Governor to serve for a term of four (4) years. In the event
8-14 of the resignation or death of any such citizen member, the
8-15 Governor shall appoint a replacement to serve for the unexpired
8-16 portion of the term to which the deceased or resigning member had
8-17 been appointed. The compensation for said citizen members shall be
8-18 as is now or may hereafter be fixed by the Legislature; and each
8-19 shall make bond in such amount as is now or may hereafter be
8-20 prescribed by the Legislature.
8-21 (b) The Commissioner of the General Land Office shall act as
8-22 Chairman of said Board and shall be the administrator of the
8-23 Veterans' Land Program under such terms and restrictions as are now
8-24 or may hereafter be provided by law. In the absence or illness of
8-25 said Commissioner, the Chief Clerk of the General Land Office shall
8-26 be the Acting Chairman of said Board with the same duties and
8-27 powers that said Commissioner would have if present.
9-1 (c) The Veterans' Land Board may provide for, issue and sell
9-2 [not to exceed Nine Hundred Fifty Million Dollars ($950,000,000)
9-3 in] bonds or obligations of the State of Texas as authorized by
9-4 constitutional amendment or by a debt proposition under Section 49
9-5 of this article for the purpose of creating a fund to be known as
9-6 the Veterans' Land Fund[, Seven Hundred Million Dollars
9-7 ($700,000,000) of which have heretofore been authorized. Such
9-8 bonds or obligations shall be sold for not less than par value and
9-9 accrued interest; shall be issued in such forms, denominations,
9-10 and upon such terms as are now or may hereafter be provided by law;
9-11 shall be issued and sold at such times, at such places, and in such
9-12 installments as may be determined by said Board; and shall bear a
9-13 rate or rates of interest as may be fixed by said Board but the
9-14 weighted average annual interest rate, as that phrase is commonly
9-15 and ordinarily used and understood in the municipal bond market, of
9-16 all the bonds issued and sold in any installment of any bonds may
9-17 not exceed the rate specified in Section 65 of this Article. All
9-18 bonds or obligations issued and sold hereunder shall, after
9-19 execution by the Board, approval by the Attorney General of Texas,
9-20 registration by the Comptroller of Public Accounts of the State of
9-21 Texas, and delivery to the purchaser or purchasers, be
9-22 incontestable and shall constitute general obligations of the State
9-23 of Texas under the Constitution of Texas; and all bonds heretofore
9-24 issued and sold by said Board are hereby in all respects validated
9-25 and declared to be general obligations of the State of Texas]. In
9-26 order to prevent default in the payment of principal or interest on
9-27 any such bonds or obligations, the Legislature shall appropriate a
10-1 sufficient amount to pay the same.
10-2 (d) In the sale of any such bonds or obligations, a
10-3 preferential right of purchase shall be given to the administrators
10-4 of the various Teacher Retirement Funds, the Permanent University
10-5 Funds, and the Permanent School Funds.
10-6 [Said Veterans' Land Fund shall consist of any lands
10-7 heretofore or hereafter purchased by said Board, until the sale
10-8 price therefor, together with any interest and penalties due, have
10-9 been received by said Board (although nothing herein shall be
10-10 construed to prevent said Board from accepting full payment for a
10-11 portion of any tract), and of the moneys attributable to any bonds
10-12 heretofore or hereafter issued and sold by said Board which moneys
10-13 so attributable shall include but shall not be limited to the
10-14 proceeds from the issuance and sale of such bonds; the moneys
10-15 received from the sale or resale of any lands, or rights therein,
10-16 purchased with such proceeds; the moneys received from the sale or
10-17 resale of any lands, or rights therein, purchased with other moneys
10-18 attributable to such bonds; the interest and penalties received
10-19 from the sale or resale of such lands, or rights therein; the
10-20 bonuses, income, rents, royalties, and any other pecuniary benefit
10-21 received by said Board from any such lands; sums received by way
10-22 of indemnity or forfeiture for the failure of any bidder for the
10-23 purchase of any such bonds to comply with his bid and accept and
10-24 pay for such bonds or for the failure of any bidder for the
10-25 purchase of any lands comprising a part of said Fund to comply with
10-26 his bid and accept and pay for any such lands; and interest
10-27 received from investments of any such moneys. The principal and
11-1 interest on the bonds heretofore and hereafter issued by said Board
11-2 shall be paid out of the moneys of said Fund in conformance with
11-3 the Constitutional provisions authorizing such bonds; but the
11-4 moneys of said Fund which are not immediately committed to the
11-5 payment of principal and interest on such bonds, the purchase of
11-6 lands as herein provided, or the payment of expenses as herein
11-7 provided may be invested as authorized by law until such moneys are
11-8 needed for such purposes.]
11-9 [All moneys comprising a part of said Fund and not expended
11-10 for the purposes herein provided shall be a part of said Fund until
11-11 there are sufficient moneys therein to retire fully all of the
11-12 bonds heretofore or hereafter issued and sold by said Board, at
11-13 which time all such moneys remaining in said Fund, except such
11-14 portion thereof as may be necessary to retire all such bonds which
11-15 portion shall be set aside and retained in said Fund for the
11-16 purpose of retiring all such bonds, shall be deposited to the
11-17 credit of the General Revenue Fund to be appropriated to such
11-18 purposes as may be prescribed by law. All moneys becoming a part
11-19 of said Fund thereafter shall likewise be deposited to the credit
11-20 of the General Revenue Fund.]
11-21 [When a Division of said Fund (each Division consisting of
11-22 the moneys attributable to the bonds issued and sold pursuant to a
11-23 single Constitutional authorization and the lands purchased
11-24 therewith) contains sufficient moneys to retire all of the bonds
11-25 secured by such Division, the moneys thereof, except such portion
11-26 as may be needed to retire all of the bonds secured by such
11-27 Division which portion shall be set aside and remain a part of such
12-1 Division for the purpose of retiring all such bonds, may be used
12-2 for the purpose of paying the principal and the interest thereon,
12-3 together with the expenses herein authorized, of any other bonds
12-4 heretofore or hereafter issued and sold by said Board. Such use
12-5 shall be a matter for the discretion and direction of said Board;
12-6 but there may be no such use of any such moneys contrary to the
12-7 rights of any holder of any of the bonds issued and sold by said
12-8 Board or violative of any contract to which said Board is a party.]
12-9 [The Veterans' Land Fund shall be used by said Board for the
12-10 purpose of purchasing lands situated in the State of Texas owned by
12-11 the United States or any governmental agency thereof, owned by the
12-12 Texas Prison System or any other governmental agency of the State
12-13 of Texas, or owned by any person, firm, or corporation. All lands
12-14 thus purchased shall be acquired at the lowest price obtainable, to
12-15 be paid for in cash, and shall be a part of said Fund. Such lands
12-16 heretofore or hereafter purchased and comprising a part of said
12-17 Fund are hereby declared to be held for a governmental purpose,
12-18 although the individual purchasers thereof shall be subject to
12-19 taxation to the same extent and in the same manner as are
12-20 purchasers of lands dedicated to the Permanent Free Public School
12-21 Fund.]
12-22 [The lands of the Veterans' Land Fund shall be sold by said
12-23 Board in such quantities, on such terms, at such prices, at such
12-24 rates of interest and under such rules and regulations as are now
12-25 or may hereafter be provided by law to veterans, as they are now or
12-26 may hereafter be defined by the laws of the State of Texas. The
12-27 foregoing notwithstanding, any lands in the Veterans' Land Fund
13-1 which have been first offered for sale to veterans and which have
13-2 not been sold may be sold or resold to such purchasers, in such
13-3 quantities, and on such terms, and at such prices and rates of
13-4 interest, and under such rules and regulations as are now or may
13-5 hereafter be provided by law.]
13-6 (e) Said Veterans' Land Fund, to the extent of the moneys
13-7 attributable to any bonds hereafter issued and sold by said Board
13-8 may be used by said Board, as is now or may hereafter be provided
13-9 by law, for the purpose of paying the expenses of surveying,
13-10 monumenting, road construction, legal fees, recordation fees,
13-11 advertising and other like costs necessary or incidental to the
13-12 purchase and sale, or resale, of any lands purchased with any of
13-13 the moneys attributable to such additional bonds, such expenses to
13-14 be added to the price of such lands when sold, or resold, by said
13-15 Board; for the purpose of paying the expenses of issuing, selling,
13-16 and delivering any such additional bonds; and for the purpose of
13-17 meeting the expenses of paying the interest or principal due or to
13-18 become due on any such additional bonds.
13-19 [All of the moneys attributable to any series of bonds
13-20 hereafter issued and sold by said Board (a "series of bonds" being
13-21 all of the bonds issued and sold in a single transaction as a
13-22 single installment of bonds) may be used for the purchase of lands
13-23 as herein provided, to be sold as herein provided, for a period
13-24 ending eight (8) years after the date of sale of such series of
13-25 bonds; provided, however, that so much of such moneys as may be
13-26 necessary to pay interest on bonds hereafter issued and sold shall
13-27 be set aside for that purpose in accordance with the resolution
14-1 adopted by said Board authorizing the issuance and sale of such
14-2 series of bonds. After such eight (8) year period, all of such
14-3 moneys shall be set aside for the retirement of any bonds hereafter
14-4 issued and sold and to pay interest thereon, together with any
14-5 expenses as provided herein, in accordance with the resolution or
14-6 resolutions authorizing the issuance and sale of such additional
14-7 bonds, until there are sufficient moneys to retire all of the bonds
14-8 hereafter issued and sold, at which time all such moneys then
14-9 remaining a part of said Veterans' Land Fund and thereafter
14-10 becoming a part of said Fund shall be governed as elsewhere
14-11 provided herein.]
14-12 [This Amendment being intended only to establish a basic
14-13 framework and not to be a comprehensive treatment of the Veterans'
14-14 Land Program, there is hereby reposed in the Legislature full power
14-15 to implement and effectuate the design and objects of this
14-16 Amendment, including the power to delegate such duties,
14-17 responsibilities, functions, and authority to the Veterans' Land
14-18 Board as it believes necessary.]
14-19 [Should the Legislature enact any enabling laws in
14-20 anticipation of this Amendment, no such law shall be void by reason
14-21 of its anticipatory nature.]
14-22 [Sec. 49-b-1. (a) In addition to the general obligation
14-23 bonds authorized to be issued and to be sold by the Veterans' Land
14-24 Board by Section 49-b of this article, the Veterans' Land Board may
14-25 provide for, issue, and sell not to exceed $1.3 billion in bonds of
14-26 the State of Texas, $800 million of which have heretofore been
14-27 authorized to provide financing to veterans of the state in
15-1 recognition of their service to their state and country.]
15-2 (f) [(b)] For purposes of this section, "veteran" means a
15-3 person who satisfies the definition of "veteran" as [is now or may
15-4 hereafter be] set forth by the laws of the State of Texas.
15-5 [(c) The bonds shall be sold for not less than par value and
15-6 accrued interest; shall be issued in such forms and denominations,
15-7 upon such terms, at such times and places, and in such installments
15-8 as may be determined by the board; and, notwithstanding the rate of
15-9 interest specified by any other provision of this constitution,
15-10 shall bear a rate or rates of interest fixed by the board. All
15-11 bonds issued and sold pursuant to Subsections (a) through (f) of
15-12 this section shall, after execution by the board, approval by the
15-13 Attorney General of Texas, registration by the Comptroller of
15-14 Public Accounts of the State of Texas, and delivery to the
15-15 purchaser or purchasers, be incontestable and shall constitute
15-16 general obligations of the state under the Constitution of Texas.]
15-17 [(d) Three hundred million dollars of the state bonds
15-18 authorized by this section shall be used to augment the Veterans'
15-19 Land Fund. The Veterans' Land Fund shall be used by the board for
15-20 the purpose of purchasing lands situated in the State of Texas
15-21 owned by the United States government or any agency thereof, the
15-22 State of Texas or any subdivision or agency thereof, or any person,
15-23 firm, or corporation. The lands shall be sold to veterans in such
15-24 quantities, on such terms, at such prices, at such rates of
15-25 interest, and under such rules and regulations as may be authorized
15-26 by law. The expenses of the board in connection with the issuance
15-27 of the bonds and the purchase and sale of the lands may be paid
16-1 from money in the fund. The Veterans' Land Fund shall continue to
16-2 consist of any lands purchased by the board until the sale price
16-3 therefor, together with any interest and penalties due, have been
16-4 received by the board (although nothing herein shall prevent the
16-5 board from accepting full payment for a portion of any tract) and
16-6 of the money attributable to any bonds issued and sold by the board
16-7 for the Veterans' Land Fund, which money so attributable shall
16-8 include but shall not be limited to the proceeds from the issuance
16-9 and sale of such bonds; the money received from the sale or resale
16-10 of any lands, or rights therein, purchased from such proceeds; the
16-11 money received from the sale or resale of any lands, or rights
16-12 therein, purchased with other money attributable to such bonds; the
16-13 interest and penalties received from the sale or resale of such
16-14 lands, or rights therein; the bonuses, income, rents, royalties,
16-15 and any other pecuniary benefit received by the board from any such
16-16 lands; sums received by way of indemnity or forfeiture for the
16-17 failure of any bidder for the purchase of any such bonds to comply
16-18 with his bid and accept and pay for such bonds or for the failure
16-19 of any bidder for the purchase of any lands comprising a part of
16-20 the fund to comply with his bid and accept and pay for any such
16-21 lands; and interest received from investments of any such money.
16-22 The principal of and interest on the general obligation bonds
16-23 previously authorized by Section 49-b of this constitution shall be
16-24 paid out of the money of the fund in conformance with the
16-25 constitutional provisions authorizing such bonds. The principal of
16-26 and interest on the general obligation bonds authorized by this
16-27 section for the benefit of the Veterans' Land Fund shall be paid
17-1 out of the money of the fund, but the money of the fund which is
17-2 not immediately committed to the payment of principal and interest
17-3 on such bonds, the purchase of lands as herein provided, or the
17-4 payment of expenses as herein provided may be invested as
17-5 authorized by law until the money is needed for such purposes.]
17-6 (g) [(e)] The Veterans' Housing Assistance Fund [is created,
17-7 and $1 billion of the state bonds authorized by this section shall
17-8 be used for the Veterans' Housing Assistance Fund, $500 million of
17-9 which have heretofore been authorized. Money in the Veterans'
17-10 Housing Assistance Fund] shall be administered by the Veterans'
17-11 Land Board and shall be used for the purpose of making home
17-12 mortgage loans to veterans for housing within the State of Texas in
17-13 such quantities, on such terms, at such rates of interest, and
17-14 under such rules and regulations as may be authorized by law. The
17-15 expenses of the board in connection with the issuance of the bonds
17-16 and the making of the loans may be paid from money in the fund.
17-17 [The Veterans' Housing Assistance Fund shall consist of any
17-18 interest of the board in all home mortgage loans made to veterans
17-19 by the board pursuant to a Veterans' Housing Assistance Program
17-20 which the legislature may establish by appropriate legislation
17-21 until, with respect to any such home mortgage loan, the principal
17-22 amount, together with any interest and penalties due, have been
17-23 received by the board; the money attributable to any bonds issued
17-24 and sold by the board to provide money for the fund, which money so
17-25 attributable shall include but shall not be limited to the proceeds
17-26 from the issuance and sale of such bonds; income, rents, and any
17-27 other pecuniary benefit received by the board as a result of making
18-1 such loans; sums received by way of indemnity or forfeiture for the
18-2 failure of any bidder for the purchase of any such bonds to comply
18-3 with his bid and accept and pay for such bonds; and interest
18-4 received from investments of any such money.] The principal of and
18-5 interest on the general obligation bonds authorized by this section
18-6 for the benefit of the Veterans' Housing Assistance Fund shall be
18-7 paid out of the money of the fund, but the money of the fund which
18-8 is not immediately committed to the payment of principal and
18-9 interest on such bonds, the making of home mortgage loans as herein
18-10 provided, or the payment of expenses as herein provided may be
18-11 invested as authorized by law until the money is needed for such
18-12 purposes.
18-13 [(f) To the extent there is not money in either the
18-14 Veterans' Land Fund or the Veterans' Housing Assistance Fund as the
18-15 case may be, available for payment of principal of and interest on
18-16 the general obligation bonds authorized by this section to provide
18-17 money for either of the funds, there is hereby appropriated out of
18-18 the first money coming into the treasury in each fiscal year, not
18-19 otherwise appropriated by this constitution, an amount which is
18-20 sufficient to pay the principal of and interest on such general
18-21 obligation bonds that mature or become due during that fiscal year.]
18-22 [(g) Receipt of all kinds of the funds determined by the
18-23 board not to be required for the payment of principal of and
18-24 interest on the general obligation bonds herein authorized,
18-25 heretofore authorized, or hereafter authorized by this constitution
18-26 to be issued by the board to provide money for either of the funds
18-27 may be used by the board, to the extent not inconsistent with the
19-1 proceedings authorizing such bonds, to pay the principal of and
19-2 interest on general obligation bonds issued to provide money for
19-3 the other fund, or to pay the principal of and interest on revenue
19-4 bonds of the board issued for the purposes of providing funds for
19-5 the purchasing of lands and making the sale thereof to veterans or
19-6 making home mortgage loans to veterans as provided by this section.
19-7 The revenue bonds shall be special obligations and payable only
19-8 from the receipt of the funds and shall not constitute indebtedness
19-9 of the state or the Veterans' Land Board. The board is authorized
19-10 to issue such revenue bonds from time to time which shall not
19-11 exceed an aggregate principal amount that can be fully retired from
19-12 the receipts of the funds and other revenues pledged to the
19-13 retirement of the revenue bonds. The revenue bonds shall be issued
19-14 in such forms and denominations, upon such terms, at such times and
19-15 places, and in such installments as may be determined by the board;
19-16 and, notwithstanding the rate of interest specified by any other
19-17 provision of the constitution, shall bear a rate or rates of
19-18 interest fixed by the board.]
19-19 [(h) This Amendment being intended only to establish a basic
19-20 framework and not to be a comprehensive treatment of the Veterans'
19-21 Housing Assistance Program and the Veterans' Land Program, there is
19-22 hereby reposed in the Legislature full power to implement and
19-23 effectuate the design and objects of this Amendment, including the
19-24 power to delegate such duties, responsibilities, functions, and
19-25 authority to the Veterans' Land Board as it believes necessary.]
19-26 [Sec. 49-b-2. (a) In addition to the general obligation
19-27 bonds authorized to be issued and to be sold by the Veterans' Land
20-1 Board by Sections 49-b and 49-b-1 of this article, the Veterans'
20-2 Land Board may provide for, issue, and sell general obligation
20-3 bonds of the state in an amount not to exceed $750 million, to
20-4 provide financing to veterans of the state in recognition of their
20-5 service to their state and the United States of America.]
20-6 (h) The [(b) Two hundred fifty million dollars of the
20-7 general obligation bonds authorized by this section shall be used
20-8 to augment the Veterans' Land Fund. Notwithstanding any provision
20-9 of Section 49-b or 49-b-1 of this article to the contrary, the]
20-10 Veterans' Land Fund shall be used by the Veterans' Land Board to
20-11 purchase lands situated in the state owned by the United States
20-12 government, an agency of the United States government, this state,
20-13 a political subdivision or agency of this state, or a person, firm,
20-14 or corporation.
20-15 (i) Lands purchased and comprising a part of the Veterans'
20-16 Land Fund are declared to be held for a governmental purpose, but
20-17 the individual purchasers of those lands shall be subject to
20-18 taxation to the same extent and in the same manner as are
20-19 purchasers of lands dedicated to the Permanent Free Public School
20-20 Fund. The lands shall be sold to veterans in quantities, on terms,
20-21 at prices, and at fixed, variable, floating, or other rates of
20-22 interest, determined by the Board and in accordance with rules of
20-23 the Board. Notwithstanding any provisions of this section to the
20-24 contrary, lands in the Veterans' Land Fund that are offered for
20-25 sale to veterans and that are not sold may be sold or resold to the
20-26 purchasers in quantities, on terms, at prices, and at rates of
20-27 interest determined by the Board and in accordance with rules of
21-1 the Board.
21-2 (j) The expenses of the Board in connection with the
21-3 issuance of the bonds and the purchase and sale of the lands may be
21-4 paid from money in the Veterans' Land Fund.
21-5 (k) [(c)] The Veterans' Land Fund shall consist of:
21-6 (1) lands heretofore or hereafter purchased by the
21-7 Board;
21-8 (2) money attributable to bonds heretofore or
21-9 hereafter issued and sold by the Board for the fund, including
21-10 proceeds from the issuance and sale of the bonds;
21-11 (3) money received from the sale or resale of lands or
21-12 rights in lands purchased from those proceeds;
21-13 (4) money received from the sale or resale of lands or
21-14 rights in lands purchased with other money attributable to the
21-15 bonds;
21-16 (5) proceeds derived from the sale or other
21-17 disposition of the Board's interest in contracts for the sale or
21-18 resale of lands or rights in lands;
21-19 (6) interest and penalties received from the sale or
21-20 resale of lands or rights in lands;
21-21 (7) bonuses, income, rents, royalties, and other
21-22 pecuniary benefits received by the Board from lands;
21-23 (8) money received by way of indemnity or forfeiture
21-24 for the failure of a bidder for the purchase of bonds to comply
21-25 with the bid and accept and pay for the bonds or for the failure of
21-26 a bidder for the purchase of lands comprising a part of the
21-27 Veterans' Land Fund to comply with the bid and accept and pay for
22-1 the lands;
22-2 (9) payments received by the Board under a bond
22-3 enhancement agreement with respect to the bonds; and
22-4 (10) interest received from investments of money in
22-5 the fund.
22-6 (l) [(d)] The principal of and interest on the general
22-7 obligation bonds [authorized by this section] for the benefit of
22-8 the Veterans' Land Fund, including payments by the Board under a
22-9 bond enhancement agreement with respect to principal of or interest
22-10 on the bonds, shall be paid out of the money of the Veterans' Land
22-11 Fund, but the money in the fund that is not immediately committed
22-12 to the payment of principal and interest on the bonds, the purchase
22-13 of lands, or the payment of expenses may be invested as authorized
22-14 by law until the money is needed for those purposes.
22-15 (m) [(e)] The Veterans' Housing Assistance Fund II [is
22-16 created, and $500 million of the general obligation bonds
22-17 authorized by this section shall be used for the Veterans' Housing
22-18 Assistance Fund II. The Veterans' Housing Assistance Fund II] is a
22-19 separate and distinct fund from the Veterans' Housing Assistance
22-20 Fund [established under Section 49-b-1 of this article]. Money in
22-21 the Veterans' Housing Assistance Fund II shall be administered by
22-22 the Veterans' Land Board and shall be used to make home mortgage
22-23 loans to veterans for housing within this state in quantities, on
22-24 terms, and at fixed, variable, floating, or other rates of
22-25 interest, determined by the Board and in accordance with rules of
22-26 the Board. The expenses of the Board in connection with the
22-27 issuance of the bonds and the making of the loans may be paid from
23-1 money in the Veterans' Housing Assistance Fund II.
23-2 (n) [(f)] The Veterans' Housing Assistance Fund II shall
23-3 consist of:
23-4 (1) the Board's interest in home mortgage loans the
23-5 Board makes to veterans from money in the fund under the Veterans'
23-6 Housing Assistance Program established by law;
23-7 (2) proceeds derived from the sale or other
23-8 disposition of the Board's interest in home mortgage loans;
23-9 (3) money attributable to bonds issued and sold by the
23-10 Board to provide money for the fund, including the proceeds from
23-11 the issuance and sale of bonds;
23-12 (4) income, rents, and other pecuniary benefits
23-13 received by the Board as a result of making loans;
23-14 (5) money received by way of indemnity or forfeiture
23-15 for the failure of a bidder for the purchase of bonds to comply
23-16 with the bid and accept and pay for the bonds;
23-17 (6) payments received by the Board under a bond
23-18 enhancement agreement with respect to the bonds; and
23-19 (7) interest received from investments of money.
23-20 (o) [(g)] The principal of and interest on the general
23-21 obligation bonds [authorized by this section] for the benefit of
23-22 the Veterans' Housing Assistance Fund II, including payments by the
23-23 Board under a bond enhancement agreement with respect to principal
23-24 of or interest on the bonds, shall be paid out of the money of the
23-25 Veterans' Housing Assistance Fund II, but the money in the fund
23-26 that is not immediately committed to the payment of principal and
23-27 interest on the bonds, the making of home mortgage loans, or the
24-1 payment of expenses may be invested as authorized by law until the
24-2 money is needed for those purposes.
24-3 (p) The [(h) Notwithstanding the provisions of Section
24-4 49-b-1 of this article to the contrary, the] Veterans' Housing
24-5 Assistance Fund shall consist of:
24-6 (1) the Board's interest in home mortgage loans the
24-7 Board makes to veterans from money in the fund under the Veterans'
24-8 Housing Assistance Program established by law;
24-9 (2) proceeds derived from the sale or other
24-10 disposition of the Board's interest in home mortgage loans;
24-11 (3) money attributable to bonds issued and sold by the
24-12 Board to provide money for the fund, including proceeds from the
24-13 issuance and sale of bonds;
24-14 (4) income, rents, and other pecuniary benefits
24-15 received by the Board as a result of making loans;
24-16 (5) money received by way of indemnity or forfeiture
24-17 for the failure of a bidder for the purchase of bonds to comply
24-18 with the bid and accept and pay for the bonds;
24-19 (6) payments received by the Board under a bond
24-20 enhancement agreement with respect to the bonds; and
24-21 (7) interest received from investments of money.
24-22 (q) [(i)] The principal of and interest on the general
24-23 obligation bonds [authorized by Section 49-b-1 of this article] for
24-24 the benefit of the Veterans' Housing Assistance Fund, including
24-25 payments by the Board under a bond enhancement agreement with
24-26 respect to principal of or interest on the bonds, shall be paid out
24-27 of money in the Veterans' Housing Assistance Fund.
25-1 (r) [(j)] If there is not enough money in the Veterans' Land
25-2 Fund, the Veterans' Housing Assistance Fund, or the Veterans'
25-3 Housing Assistance Fund II, as the case may be, available to pay
25-4 the principal of and interest on the general obligation bonds
25-5 benefiting those funds [authorized by this section or by Section
25-6 49-b or 49-b-1 of this article], including money to make payments
25-7 by the Board under a bond enhancement agreement with respect to
25-8 principal of or interest on the bonds, there is appropriated out of
25-9 the first money coming into the treasury in each fiscal year, not
25-10 otherwise appropriated by this constitution, an amount that is
25-11 sufficient to pay the principal of and interest on the general
25-12 obligation bonds that mature or become due during that fiscal year
25-13 or to make bond enhancement payments with respect to those bonds.
25-14 (s) Receipts [(k) Notwithstanding any provisions of Section
25-15 49-b or 49-b-1 of this article to the contrary, receipts] of all
25-16 kinds of the Veterans' Land Fund, the Veterans' Housing Assistance
25-17 Fund, or the Veterans' Housing Assistance Fund II that the Board
25-18 determines are not required for the payment of principal of and
25-19 interest on the general obligation bonds benefiting those funds,
25-20 including payments by the Board under a bond enhancement agreement
25-21 with respect to principal of or interest on the bonds, [authorized
25-22 by this section or by Section 49-b or 49-b-1 of this article or
25-23 otherwise authorized by this constitution to be issued by the Board
25-24 to provide money for the fund,] may be used by the Board, to the
25-25 extent not inconsistent with the proceedings authorizing the bonds
25-26 to:
25-27 (1) make temporary transfers to another of those funds
26-1 to avoid a temporary cash deficiency in that fund or make a
26-2 transfer to another of those funds for the purposes of that fund;
26-3 (2) pay the principal of and interest on general
26-4 obligation bonds issued to provide money for another of those funds
26-5 or make bond enhancement payments with respect to the bonds; or
26-6 (3) pay the principal of and interest on revenue bonds
26-7 of the Board or make bond enhancement payments with respect to the
26-8 bonds if the bonds are issued to provide funds to purchase lands
26-9 and sell lands to veterans or make home mortgage loans to veterans.
26-10 (t) [(l)] If the Board determines that assets from the
26-11 Veterans' Land Fund, the Veterans' Housing Assistance Fund, or the
26-12 Veterans' Housing Assistance Fund II are not required for the
26-13 purposes of the fund, the Board may transfer the assets to another
26-14 of those funds or use the assets to secure revenue bonds issued by
26-15 the Board under this section.
26-16 (u) [(m)] The revenue bonds shall be special obligations of
26-17 the Board and payable only from and secured only by receipts of the
26-18 funds, assets transferred from the funds, and other revenues and
26-19 assets as determined by the Board and shall not constitute
26-20 indebtedness of the state or the Veterans' Land Board. The Board
26-21 may issue revenue bonds from time to time, which bonds may not
26-22 exceed an aggregate principal amount that the Board determines can
26-23 be fully retired from the receipts of the funds, the assets
26-24 transferred from the funds, and the other revenues and assets
26-25 pledged to the retirement of the revenue bonds. [The revenue bonds
26-26 shall be issued and sold in forms and denominations, in the manner,
26-27 on terms, at times and places, and in installments the Board
27-1 determines.] Notwithstanding the rate of interest specified by any
27-2 other provision of this constitution, [the] revenue bonds shall
27-3 bear a rate or rates of interest the Board determines. A
27-4 determination made by the Board under this subsection shall be
27-5 binding and conclusive as to the matter determined.
27-6 (v) The [(n) Notwithstanding any provisions of Section 49-b
27-7 or 49-b-1 of this article to the contrary, the] bonds authorized to
27-8 be issued and sold by the Veterans' Land Board [by this section or
27-9 by Sections 49-b and 49-b-1 of this article] shall be issued and
27-10 sold in forms and denominations, on terms, at times, in the manner,
27-11 at places, and in installments the Board determines. The bonds
27-12 shall bear a rate or rates of interest the Board determines, not to
27-13 exceed the maximum prescribed by Section 65 of this article. The
27-14 bonds shall be incontestable after execution by the Board, approval
27-15 by the Attorney General of Texas, and delivery to the purchaser or
27-16 purchasers of the bonds.
27-17 (w) [(o)] This Amendment being intended only to establish a
27-18 basic framework and not to be a comprehensive treatment of the
27-19 Veterans' Housing Assistance Program and the Veterans' Land
27-20 Program, there is hereby reposed in the Legislature full power to
27-21 implement and effectuate the design and objects of this Amendment,
27-22 including the power to delegate such duties, responsibilities,
27-23 functions, and authority to the Veterans' Land Board as it believes
27-24 necessary.
27-25 [(p) In this section, "veteran" has the meaning assigned by
27-26 Section 49-b-1 of this article.]
27-27 [Sec. 49-b-3. (a) In addition to the general obligation
28-1 bonds authorized to be issued and to be sold by the Veterans' Land
28-2 Board by Sections 49-b, 49-b-1, and 49-b-2 of this article, the
28-3 Veterans' Land Board may provide for, issue, and sell general
28-4 obligation bonds of the state in an amount not to exceed $500
28-5 million to provide housing financing to veterans of the state in
28-6 recognition of their service to this state and the United States.
28-7 The Veterans' Land Board may enter into bond enhancement agreements
28-8 with respect to the bonds. The proceeds from the issuance and sale
28-9 of the bonds authorized by this section shall be used to augment
28-10 the Veterans' Housing Assistance Fund II to be administered and
28-11 invested as provided by law.]
28-12 [(b) The principal of and interest on the general obligation
28-13 bonds authorized by this section, including payments under bond
28-14 enhancement agreements with respect to principal of or interest on
28-15 the bonds, shall be payable from the sources and in the manner
28-16 provided by Section 49-b-2 of this article for general obligation
28-17 bonds issued under that section to augment the Veterans' Housing
28-18 Assistance Fund II.]
28-19 [(c) The general obligation bonds authorized by this section
28-20 shall be issued and sold in forms and denominations, on terms, at
28-21 times, in the manner, at places, and in installments the Veterans'
28-22 Land Board determines. The bonds shall bear a rate or rates of
28-23 interest the Veterans' Land Board determines. The bonds authorized
28-24 by this section shall be incontestable after execution by the
28-25 Veterans' Land Board, approval by the attorney general, and
28-26 delivery to the purchaser or purchasers of the bonds.]
28-27 SECTION 16. Sections 49-c, 49-d, 49-d-1, 49-d-5, 49-d-6,
29-1 49-d-7, and 49-d-8, Article III, Texas Constitution, are amended to
29-2 read as follows:
29-3 Sec. 49-c. (a) The Texas Water Development Board, [There is
29-4 hereby created as] an agency of the State of Texas, shall [the
29-5 Texas Water Development Board to] exercise such powers as necessary
29-6 under this provision together with such other duties and
29-7 restrictions as may be prescribed by law. The qualifications,
29-8 compensation, and number of members of said Board shall be
29-9 determined by law. They shall be appointed by the Governor with
29-10 the advice and consent of the Senate in the manner and for such
29-11 terms as may be prescribed by law.
29-12 (b) The Texas Water Development Board shall have the
29-13 authority to provide for, issue and sell general obligation bonds
29-14 of the State of Texas as authorized by constitutional amendment or
29-15 by a debt proposition under Section 49 of this article [in an
29-16 amount not to exceed One Hundred Million Dollars ($100,000,000)].
29-17 The Legislature of Texas, upon two-thirds (2/3) vote of the elected
29-18 Members of each House, may authorize the Board to issue additional
29-19 bonds in an amount not exceeding One Hundred Million Dollars
29-20 ($100,000,000). The bonds [authorized herein or permitted to be
29-21 authorized by the Legislature] shall be called "Texas Water
29-22 Development Bonds," shall be executed in such form, denominations
29-23 and upon such terms as may be prescribed by law, and [provided,
29-24 however, that the bonds shall not bear more than four per cent (4%)
29-25 interest per annum; they] may be issued in such installments as the
29-26 Board finds feasible and practical in accomplishing the purpose set
29-27 forth herein.
30-1 (c) All moneys received from the sale of the [State] bonds
30-2 shall be deposited in a fund hereby created in the State Treasury
30-3 to be known as the Texas Water Development Fund to be administered
30-4 (without further appropriation) by the Texas Water Development
30-5 Board in such manner as prescribed by law.
30-6 (d) Such fund shall be used only for the purpose of aiding
30-7 or making funds available upon such terms and conditions as the
30-8 Legislature may prescribe, to the various political subdivisions or
30-9 bodies politic and corporate of the State of Texas including river
30-10 authorities, conservation and reclamation districts and districts
30-11 created or organized or authorized to be created or organized under
30-12 Article XVI, Section 59 or Article III, Section 52, of this
30-13 Constitution, interstate compact commissions to which the State of
30-14 Texas is a party and municipal corporations, in the conservation
30-15 and development of the water resources of this State, including the
30-16 control, storing and preservation of its storm and flood waters and
30-17 the waters of its rivers and streams, for all useful and lawful
30-18 purposes by the acquisition, improvement, extension, or
30-19 construction of dams, reservoirs and other water storage projects,
30-20 including any system necessary for the transportation of water from
30-21 storage to points of treatment and/or distribution, including
30-22 facilities for transporting water therefrom to wholesale
30-23 purchasers, or for any one or more of such purposes or methods.
30-24 (e) Any or all financial assistance as provided herein shall
30-25 be repaid with interest upon such terms, conditions and manner of
30-26 repayment as may be provided by law.
30-27 (f) While any of the Texas Water Development Bonds [bonds
31-1 authorized by this provision or while any of the bonds that may be
31-2 authorized by the Legislature under this provision], or any
31-3 interest on any of such bonds, is outstanding and unpaid, there is
31-4 hereby appropriated out of the first moneys coming into the
31-5 Treasury in each fiscal year, not otherwise appropriated by this
31-6 Constitution, an amount which is sufficient to pay the principal
31-7 and interest on such bonds that mature or become due during such
31-8 fiscal year, less the amount in the sinking fund at the close of
31-9 the prior fiscal year.
31-10 (g) The Legislature may provide for the investment of moneys
31-11 available in the Texas Water Development Fund, and the interest and
31-12 sinking funds established for the payment of bonds issued by the
31-13 Texas Water Development Board. Income from such investment shall
31-14 be used for the purposes prescribed by the Legislature. The
31-15 Legislature may also make appropriations from the General Revenue
31-16 Fund for paying administrative expenses of the Board.
31-17 (h) From the moneys received by the Texas Water Development
31-18 Board as repayment of principal for financial assistance or as
31-19 interest thereon, there shall be deposited in the interest and
31-20 sinking fund for the bonds [authorized by this Section] sufficient
31-21 moneys to pay the interest and principal to become due during the
31-22 ensuing year and sufficient to establish and maintain a reserve in
31-23 said fund equal to the average annual principal and interest
31-24 requirements on all outstanding bonds [issued under this Section].
31-25 [If any year prior to December 31, 1982 moneys are received in
31-26 excess of the foregoing requirements then such excess shall be
31-27 deposited to the Texas Water Development Fund, and may be used for
32-1 administrative expenses of the Board and for the same purposes and
32-2 upon the same terms and conditions prescribed for the proceeds
32-3 derived from the sale of such State bonds. No grant of financial
32-4 assistance shall be made under the provisions of this Section after
32-5 December 31, 1982, and all moneys thereafter received as repayment
32-6 of principal for financial assistance or as interest thereon shall
32-7 be deposited in the interest and sinking fund for the State bonds;
32-8 except that such amount as may be required to meet the
32-9 administrative expenses of the Board may be annually set aside; and
32-10 provided, that after all State bonds have been fully paid with
32-11 interest, or after there are on deposit in the interest and sinking
32-12 fund sufficient moneys to pay all future maturities of principal
32-13 and interest, additional moneys so received shall be deposited to
32-14 the General Revenue Fund.]
32-15 (i) All Texas Water Development Bonds [bonds issued
32-16 hereunder] shall after approval by the Attorney General,
32-17 registration by the Comptroller of Public Accounts of the State of
32-18 Texas, and delivery to the purchasers, be incontestable and shall
32-19 constitute general obligations of the State of Texas under the
32-20 Constitution of Texas.
32-21 [Should the Legislature enact enabling laws in anticipation
32-22 of the adoption of this amendment, such acts shall not be void by
32-23 reason of their anticipatory nature.]
32-24 Sec. 49-d. (a) It is hereby declared to be the policy of
32-25 the State of Texas to encourage the optimum development of the
32-26 limited number of feasible sites available for the construction or
32-27 enlargement of dams and reservoirs for conservation of the public
33-1 waters of the state, which waters are held in trust for the use and
33-2 benefit of the public, and to encourage the optimum regional
33-3 development of systems built for the filtration, treatment, and
33-4 transmission of water and wastewater. The proceeds from the sale
33-5 of [the additional] bonds [authorized hereunder] deposited in the
33-6 Texas Water Development Fund [and the proceeds of bonds previously
33-7 authorized by Article III, Section 49-c of this Constitution,] may
33-8 be used by the Texas Water Development Board, under such provisions
33-9 as the Legislature may prescribe by General Law, including the
33-10 requirement of a permit for storage or beneficial use, for the
33-11 additional purposes of acquiring and developing storage facilities,
33-12 and any system or works necessary for the filtration, treatment and
33-13 transportation of water or wastewater, or for any one or more of
33-14 such purposes or methods, whether or not such a system or works is
33-15 connected with a reservoir in which the state has a financial
33-16 interest; provided, however, the Texas Water Development Fund or
33-17 any other state fund provided for water development, transmission,
33-18 transfer or filtration shall not be used to finance any project
33-19 which contemplates or results in the removal from the basin of
33-20 origin of any surface water necessary to supply the reasonably
33-21 foreseeable future water requirements for the next ensuing
33-22 fifty-year period within the river basin of origin, except on a
33-23 temporary, interim basis.
33-24 (b) Under such provisions as the Legislature may prescribe
33-25 by General Law the Texas Water Development Fund may be used for the
33-26 conservation and development of water for useful purposes by
33-27 construction or reconstruction or enlargement of reservoirs
34-1 constructed or to be constructed or enlarged within the State of
34-2 Texas or on any stream constituting a boundary of the State of
34-3 Texas, together with any system or works necessary for the
34-4 filtration, treatment and/or transportation of water, by any one or
34-5 more of the following governmental agencies: by the United States
34-6 of America or any agency, department or instrumentality thereof; by
34-7 the State of Texas or any agency, department or instrumentality
34-8 thereof; by political subdivisions or bodies politic and corporate
34-9 of the state; by interstate compact commissions to which the State
34-10 of Texas is a party; and by municipal corporations. The
34-11 Legislature shall provide terms and conditions under which the
34-12 Texas Water Development Board may sell, transfer or lease, in whole
34-13 or in part, any reservoir and associated system or works which the
34-14 Texas Water Development Board has financed in whole or in part.
34-15 (c) Under such provisions as the Legislature may prescribe
34-16 by General Law, the Texas Water Development Board may also execute
34-17 long-term contracts with the United States or any of its agencies
34-18 for the acquisition and development of storage facilities in
34-19 reservoirs constructed or to be constructed by the Federal
34-20 Government. Such contracts when executed shall constitute general
34-21 obligations of the State of Texas in the same manner and with the
34-22 same effect as state bonds issued under the authority of [the
34-23 preceding] Section 49-c of this Constitution, and the provisions of
34-24 [in said] Section 49-c with respect to payment of principal and
34-25 interest on state bonds issued shall likewise apply with respect to
34-26 payment of principal and interest required to be paid by such
34-27 contracts. If storage facilities are required for a term of years,
35-1 such contracts shall contain provisions for renewal that will
35-2 protect the state's investment.
35-3 [The aggregate of the bonds authorized hereunder shall not
35-4 exceed $200,000,000 and shall be in addition to the aggregate of
35-5 the bonds previously authorized by said Section 49-c of Article III
35-6 of this Constitution. The Legislature upon two-thirds (2/3) vote
35-7 of the elected members of each House, may authorize the Board to
35-8 issue all or any portion of such $200,000,000 in additional bonds
35-9 herein authorized.]
35-10 (d) The Legislature shall provide terms and conditions for
35-11 the Texas Water Development Board to sell, transfer or lease, in
35-12 whole or in part, any acquired facilities or the right to use such
35-13 facilities at a price not less than the direct cost of the Board in
35-14 acquiring same; and the Legislature may provide terms and
35-15 conditions for the Board to sell any unappropriated public waters
35-16 of the state that might be stored in such facilities. As a
35-17 prerequisite to the purchase of such storage or water, the
35-18 applicant therefor shall have secured a valid permit from the state
35-19 [Texas Water Commission or its successor] authorizing the
35-20 acquisition of such storage facilities or the water impounded
35-21 therein. The money received from any sale, transfer or lease of
35-22 facilities shall be used to pay principal and interest on state
35-23 bonds issued or contractual obligations incurred by the Texas Water
35-24 Development Board, provided that when moneys are sufficient to pay
35-25 the full amount of indebtedness then outstanding and the full
35-26 amount of interest to accrue thereon, any further sums received
35-27 from the sale, transfer or lease of such facilities shall be
36-1 deposited and used as provided by law. Money received from the
36-2 sale of water, which shall include standby service, may be used for
36-3 the operation and maintenance of acquired facilities, and for the
36-4 payment of principal and interest on debt incurred.
36-5 [Should the Legislature enact enabling laws in anticipation
36-6 of the adoption of this Amendment, such Acts shall not be void by
36-7 reason of their anticipatory character.]
36-8 Sec. 49-d-1. (a) The Texas Water Development Board shall
36-9 upon direction of an [the Texas Water Quality Board, or any
36-10 successor] agency designated by the Legislature, issue [additional]
36-11 Texas Water Development Bonds as authorized by constitutional
36-12 amendment or by a debt proposition under Section 49 of this article
36-13 [up to an additional aggregate principal amount of $200,000,000] to
36-14 provide grants, loans, or any combination of grants and loans for
36-15 water quality enhancement purposes as established by the
36-16 Legislature. The [Texas Water Quality Board or any successor]
36-17 agency designated by the Legislature may make such grants and loans
36-18 to political subdivisions or bodies politic and corporate of the
36-19 State of Texas, including municipal corporations, river
36-20 authorities, conservation and reclamation districts, and districts
36-21 created or organized or authorized to be created or organized under
36-22 Article XVI, Section 59, or Article III, Section 52, of this
36-23 Constitution, State agencies, and interstate agencies and compact
36-24 commissions to which the State of Texas is a party, and upon such
36-25 terms and conditions as the Legislature may authorize by general
36-26 law. The bonds shall be issued for such terms, in such
36-27 denominations, form and installments, and upon such conditions as
37-1 the Legislature may authorize.
37-2 [(b) The proceeds from the sale of such bonds shall be
37-3 deposited in the Texas Water Development Fund to be invested and
37-4 administered as prescribed by law.]
37-5 [(c) The bonds authorized in this Section 49-d-1 and all
37-6 bonds authorized by Sections 49-c and 49-d of Article III shall
37-7 bear interest at not more than 6% per annum and mature as the Texas
37-8 Water Development Board shall prescribe, subject to the limitations
37-9 as may be imposed by the Legislature.]
37-10 (b) [(d)] The Texas Water Development Fund shall be used for
37-11 the purposes heretofore permitted by, and subject to the
37-12 limitations in this Section and Sections 49-c and[,] 49-d [and
37-13 49-d-1]; provided, however, that the financial assistance may be
37-14 made [pursuant to the provisions of Sections 49-c, 49-d and 49-d-1]
37-15 subject only to the availability of funds [and without regard to
37-16 the provisions in Section 49-c that such financial assistance
37-17 shall terminate after December 31, 1982].
37-18 [(e) Texas Water Development Bonds are secured by the
37-19 general credit of the State and shall after approval by the
37-20 Attorney General, registration by the Comptroller of Public
37-21 Accounts of the State of Texas, and delivery to the purchasers, be
37-22 incontestable and shall constitute general obligations of the State
37-23 of Texas under the Constitution of Texas.]
37-24 [(f) Should the Legislature enact enabling laws in
37-25 anticipation of the adoption of this amendment, such Acts shall not
37-26 be void by reason of their anticipatory character.]
37-27 Sec. 49-d-5. For the purpose of any program established or
38-1 authorized by Sections [Section] 49-c through [, 49-d, 49-d-1,
38-2 49-d-2, or] 49-d-4 of this article, the legislature by law may
38-3 extend any benefits to nonprofit water supply corporations that it
38-4 may extend to a district created or organized under Article XVI,
38-5 Section 59, of this constitution.
38-6 Sec. 49-d-6. [(a) The Texas Water Development Board may
38-7 issue additional Texas Water Development Bonds up to an additional
38-8 aggregate principal amount of $400 million. Of the additional
38-9 bonds authorized to be issued, $200 million of those bonds shall be
38-10 used for purposes provided by Section 49-c of this article, $150
38-11 million of those bonds shall be used for purposes provided by
38-12 Section 49-d-1 of this article, and $50 million of those bonds
38-13 shall be used for flood control as provided by law.]
38-14 [(b)] The legislature may require review and approval of the
38-15 issuance of Texas Water Development Bonds [the bonds], of the use
38-16 of the bond proceeds, or of the rules adopted by an agency to
38-17 govern use of the bond proceeds. Notwithstanding any other
38-18 provision of this constitution, any entity created or directed to
38-19 conduct this review and approval may include members or appointees
38-20 of members of the executive, legislative, and judicial departments
38-21 of state government.
38-22 [(c) The Texas Water Development Board shall issue the
38-23 additional bonds authorized by this section for the terms, in the
38-24 denominations, form, and installments, on the conditions, and
38-25 subject to the limitations provided by Sections 49-c and 49-d-1 of
38-26 this article and by laws adopted by the legislature implementing
38-27 this section.]
39-1 [(d) Subsections (c) through (e) of Section 49-d-2 of this
39-2 article apply to the bonds authorized by this section.]
39-3 Sec. 49-d-7. (a) [The Texas Water Development Board may
39-4 issue additional Texas water development bonds up to an additional
39-5 aggregate principal amount of $500 million. Of the additional
39-6 bonds authorized to be issued, $250 million of those bonds shall be
39-7 used for purposes provided by Section 49-c of this article, $200
39-8 million of those bonds shall be used for purposes provided by
39-9 Section 49-d-1 of this article, and $50 million of those bonds
39-10 shall be used for flood control as provided by law.]
39-11 [(b)] The Texas Water Development Board may use the proceeds
39-12 of Texas water development bonds issued for the purposes provided
39-13 by Section 49-c of this article for the additional purpose of
39-14 providing financial assistance, on terms and conditions provided by
39-15 law, to various political subdivisions and bodies politic and
39-16 corporate of the state and to nonprofit water supply corporations
39-17 to provide for acquisition, improvement, extension, or construction
39-18 of water supply projects that involve the distribution of water to
39-19 points of delivery to wholesale or retail customers.
39-20 [(c) The legislature may require review and approval of the
39-21 issuance of the bonds, the use of the bond proceeds, or the rules
39-22 adopted by an agency to govern use of the bond proceeds.
39-23 Notwithstanding any other provision of this constitution, any
39-24 entity created or directed to conduct this review and approval may
39-25 include members or appointees of members of the executive,
39-26 legislative, and judicial departments of state government.]
39-27 [(d) Except as specifically provided by Subsection (e) of
40-1 this section, the Texas Water Development Board shall issue the
40-2 additional bonds authorized by this section for the terms, in the
40-3 denominations, form, and installments, on the conditions, and
40-4 subject to the limitations provided by Sections 49-c and 49-d-1 of
40-5 this article and by laws adopted by the legislature implementing
40-6 this section.]
40-7 (b) [(e)] The legislature may provide by law for subsidized
40-8 loans and grants from the proceeds of Texas water development bonds
40-9 [authorized by this section] to provide wholesale and retail water
40-10 and wastewater facilities to economically distressed areas of the
40-11 state as defined by law, provided, the principal amount of bonds
40-12 that may be issued for the purposes under this subsection may not
40-13 exceed $250 million [50 percent of the total amount of bonds
40-14 authorized by this section]. Separate accounts shall be
40-15 established in the water development fund for administering the
40-16 proceedings of bonds issued for purposes under this subsection, and
40-17 an interest and sinking fund separate from and not subject to the
40-18 limitations of the interest and sinking fund created [pursuant to
40-19 Section 49-c] for other Texas water development bonds is
40-20 established in the State Treasury to be used for paying the
40-21 principal of and interest on bonds for the purposes of the
40-22 subsection. [While any of the bonds authorized for the purposes of
40-23 this subsection or any of the interest on those bonds is
40-24 outstanding and unpaid, there is appropriated out of the first
40-25 money coming into the State Treasury in each fiscal year, not
40-26 otherwise appropriated by this constitution, an amount that is
40-27 sufficient to pay the principal of and interest on those bonds
41-1 issued for the purposes under this subsection that mature or become
41-2 due during that fiscal year.]
41-3 [(f) Subsections (c) through (e) of Section 49-d-2 of this
41-4 article apply to the bonds authorized by this section.]
41-5 Sec. 49-d-8. (a) The Texas Water Development Fund II is
41-6 [created] in the state treasury as a fund separate and distinct
41-7 from the Texas Water Development Fund established under Section
41-8 49-c of this article. Money in the Texas Water Development Fund II
41-9 shall be administered without further appropriation by the Texas
41-10 Water Development Board and shall be used for any one or more of
41-11 the purposes authorized by Sections 49-c through[, 49-d, 49-d-1,
41-12 49-d-2, 49-d-5, 49-d-6, and] 49-d-7 of this article, as determined
41-13 by the Texas Water Development Board. Separate accounts shall be
41-14 established in the Texas Water Development Fund II for
41-15 administering proceedings related to the purposes described in
41-16 Section 49-d of this article, the purposes described in Subsection
41-17 (b) [(e)] of Section 49-d-7 of this article, and all other
41-18 authorized purposes. The Texas Water Development Board is hereby
41-19 authorized, at its determination, to issue general obligation bonds
41-20 for one or more accounts of the Texas Water Development Fund II in
41-21 an aggregate principal amount equal to the amount of bonds
41-22 previously authorized pursuant to former Section 49-d-2 and
41-23 Sections [49-d-2,] 49-d-6[,] and 49-d-7 of this article less the
41-24 amount of bonds issued pursuant to those sections to augment the
41-25 Texas Water Development Fund. Nothing in this section, however,
41-26 shall grant to the Texas Water Development Board the authority to
41-27 issue bonds [under this section and under Sections 49-d-2, 49-d-6,
42-1 and 49-d-7 of this article] in excess of the total amount of those
42-2 previously authorized bonds [described in Sections 49-d-2, 49-d-6,
42-3 and 49-d-7 of this article] or to issue bonds for purposes
42-4 described in Subsection (b) [(e)] of Section 49-d-7 of this article
42-5 in excess of $250 million. The expenses of the Texas Water
42-6 Development Board in connection with the issuance of bonds for an
42-7 account of the Texas Water Development Fund II and administration
42-8 of such account may be paid from money in such account.
42-9 (b) The Texas Water Development Board is hereby authorized,
42-10 at its determination, to issue general obligation bonds for one or
42-11 more accounts of the Texas Water Development Fund II in order to
42-12 refund outstanding bonds previously issued to augment the Texas
42-13 Water Development Fund, as long as the principal amount of the
42-14 refunding bonds does not exceed the outstanding principal amount of
42-15 the refunded bonds, and to refund the general obligation of the
42-16 State of Texas under long-term contracts entered into by the Texas
42-17 Water Development Board with the United States or any of its
42-18 agencies under authority granted by Section 49-d of this article,
42-19 as long as the principal amount of the refunding bonds does not
42-20 exceed the principal amount of the contractual obligation of the
42-21 Texas Water Development Board. Money and assets in the Texas Water
42-22 Development Fund attributable to such refunding bonds shall be
42-23 transferred to the appropriate account of the Texas Water
42-24 Development Fund II, as determined by the Texas Water Development
42-25 Board, to the extent not inconsistent with the proceedings
42-26 authorizing any outstanding bonds issued to augment the Texas Water
42-27 Development Fund and the terms of any long-term contracts entered
43-1 into by the Texas Water Development Board with the United States or
43-2 any of its agencies. Further, at such time as all bonds issued to
43-3 augment the Texas Water Development Fund and all such contractual
43-4 obligations have been paid or otherwise discharged, all money and
43-5 assets in the Texas Water Development Fund shall be transferred to
43-6 the credit of the Texas Water Development Fund II and deposited to
43-7 the accounts therein, as determined by the Texas Water Development
43-8 Board.
43-9 (c) Subject to the limitations set forth in Section 49-d of
43-10 this article, the legislature shall provide terms and conditions
43-11 under which the Texas Water Development Board may sell, transfer,
43-12 or lease, in whole or in part, facilities held for the account
43-13 established within the Texas Water Development Fund II for
43-14 administering proceedings related to the purposes described in
43-15 Section 49-d of this article, and the legislature may provide terms
43-16 and conditions under which the Texas Water Development Board may
43-17 sell any unappropriated public waters of the state that may be
43-18 stored in such facilities. Money received from any sale, transfer,
43-19 or lease of such facilities or water shall be credited to the
43-20 account established within the Texas Water Development Fund II for
43-21 the purpose of administering proceedings related to the purposes
43-22 described in Section 49-d of this article.
43-23 (d) Each account of the Texas Water Development Fund II
43-24 shall consist of:
43-25 (1) the Texas Water Development Board's rights to
43-26 receive repayment of financial assistance provided from such
43-27 account, together with any evidence of such rights;
44-1 (2) money received from the sale or other disposition
44-2 of the Texas Water Development Board's rights to receive repayment
44-3 of such financial assistance;
44-4 (3) money received as repayment of such financial
44-5 assistance;
44-6 (4) money and assets attributable to bonds issued and
44-7 sold by the Texas Water Development Board for such account,
44-8 including money and assets transferred from the Texas Water
44-9 Development Fund pursuant to this section;
44-10 (5) money deposited in such account pursuant to
44-11 Subsection (c) of this section;
44-12 (6) payments received by the Texas Water Development
44-13 Board under a bond enhancement agreement as authorized by law with
44-14 respect to bonds issued for such account; and
44-15 (7) interest and other income received from investment
44-16 of money in such account.
44-17 (e) Notwithstanding the other provisions of [Sections
44-18 49-d-2, 49-d-6, and 49-d-7 of] this article, the principal of and
44-19 interest on the general obligation bonds issued for an account of
44-20 the Texas Water Development Fund II, including payments by the
44-21 Texas Water Development Board under a bond enhancement agreement as
44-22 authorized by law with respect to principal of or interest on such
44-23 bonds, shall be paid out of such account, but the money in such
44-24 account that is not immediately committed to the purposes of such
44-25 account or the payment of expenses may be invested as authorized by
44-26 law until the money is needed for those purposes. If there is not
44-27 enough money in any account available to pay the principal of and
45-1 interest on the general obligation bonds issued for such account,
45-2 including money to make payments by the Texas Water Development
45-3 Board under a bond enhancement agreement as authorized by law with
45-4 respect to principal of or interest on such bonds, there is
45-5 appropriated out of the first money coming into the state treasury
45-6 in each fiscal year not otherwise appropriated by this constitution
45-7 an amount that is sufficient to pay the principal of and interest
45-8 on such general obligation bonds that mature or become due during
45-9 that fiscal year or to make bond enhancement payments with respect
45-10 to those bonds.
45-11 (f) The general obligation bonds authorized by this section
45-12 may be issued as bonds, notes, or other obligations as permitted by
45-13 law and shall be sold in forms and denominations, on terms, at
45-14 times, in the manner, at places, and in installments, all as
45-15 determined by the Texas Water Development Board. The bonds shall
45-16 bear a rate or rates of interest the Texas Water Development Board
45-17 determines, not to exceed the maximum prescribed by Section 65 of
45-18 this article. The bonds authorized by this section shall be
45-19 incontestable after execution by the Texas Water Development Board,
45-20 approval by the attorney general, and delivery to the purchaser or
45-21 purchasers of the bonds.
45-22 (g) This section being intended only to establish a basic
45-23 framework and not to be a comprehensive treatment of the Texas
45-24 Water Development Fund II, there is hereby reposed in the
45-25 legislature full power to implement and effectuate the design and
45-26 objects of this section, including the power to delegate such
45-27 duties, responsibilities, functions, and authority to the Texas
46-1 Water Development Board as it believes necessary.
46-2 (h) The Texas Water Development Fund II, including any
46-3 account in that fund, may not be used to finance or aid any project
46-4 that contemplates or results in the removal from the basin of
46-5 origin of any surface water necessary to supply the reasonably
46-6 foreseeable future water requirements for the next ensuing 50-year
46-7 period within the river basin of origin, except on a temporary,
46-8 interim basis.
46-9 SECTION 17. Section 49-e, Article III, Texas Constitution,
46-10 is amended to read as follows:
46-11 Sec. 49-e. (a) The Parks and Wildlife Department, or its
46-12 successor vested with the powers, duties, and authority which deals
46-13 with the operation, maintenance, and improvement of State Parks,
46-14 shall have the authority to provide for, issue and sell general
46-15 obligation bonds of the State of Texas in an amount authorized by
46-16 constitutional amendment or by a debt proposition under Section 49
46-17 of this article [not to exceed Seventy-Five Million Dollars
46-18 ($75,000,000)]. The bonds [authorized herein] shall be called
46-19 "Texas Park Development Bonds," shall be executed in such form,
46-20 denominations, and upon such terms as may be prescribed by law,
46-21 [provided, however, that the bonds] shall bear a rate or rates of
46-22 interest as may be fixed by the Parks and Wildlife Department or
46-23 its successor, not to exceed the maximum prescribed by Section 65
46-24 of this article, and [but the weighted average annual interest
46-25 rate, as that phrase is commonly and ordinarily used and understood
46-26 in the municipal bond market, of all the bonds issued and sold in
46-27 any installment of any bonds, shall not exceed four and one-half
47-1 percent (4 1/2%) interest per annum; they] may be issued in such
47-2 installments as said Parks and Wildlife Department, or its said
47-3 successor, finds feasible and practical in accomplishing the
47-4 purpose set forth herein.
47-5 (b) All moneys received from the sale of said bonds shall be
47-6 deposited in a fund hereby created with the Comptroller of Public
47-7 Accounts of the State of Texas to be known as the Texas Park
47-8 Development Fund to be administered (without further appropriation)
47-9 by the said Parks and Wildlife Department, or its said successor,
47-10 in such manner as prescribed by law.
47-11 (c) Such fund shall be used by said Parks and Wildlife
47-12 Department, or its said successor, under such provisions as the
47-13 Legislature may prescribe by general law, for the purposes of
47-14 acquiring lands from the United States, or any governmental agency
47-15 thereof, from any governmental agency of the State of Texas, or
47-16 from any person, firm, or corporation, for State Park Sites and for
47-17 developing said sites as State Parks.
47-18 (d) While any of the bonds [authorized by this provision],
47-19 or any interest on any such bonds, is outstanding and unpaid, there
47-20 is hereby appropriated out of the first moneys coming into the
47-21 Treasury in each fiscal year, not otherwise appropriated by this
47-22 Constitution, an amount which is sufficient to pay the principal
47-23 and interest on such bonds that mature or become due during such
47-24 fiscal year, less the amount in the interest and sinking fund at
47-25 the close of the prior fiscal year, which includes any receipts
47-26 derived during the prior fiscal year by said Parks and Wildlife
47-27 Department, or its said successor, from admission charges to State
48-1 Parks, as the Legislature may prescribe by general law.
48-2 (e) The Legislature may provide for the investment of moneys
48-3 available in the Texas Park Development Fund and the interest and
48-4 sinking fund established for the payment of bonds issued by said
48-5 Parks and Wildlife Department, or its said successor. Income from
48-6 such investment shall be used for the purposes prescribed by the
48-7 Legislature.
48-8 (f) From the moneys received by said Parks and Wildlife
48-9 Department, or its said successor, from the sale of the bonds
48-10 issued hereunder, there shall be deposited in the interest and
48-11 sinking fund for the bonds authorized by this section sufficient
48-12 moneys to pay the interest to become due during the State fiscal
48-13 year in which the bonds were issued. After all bonds have been
48-14 fully paid with interest, or after there are on deposit in the
48-15 interest and sinking fund sufficient moneys to pay all future
48-16 maturities of principal and interest, additional moneys received
48-17 from admission charges to State Parks shall be deposited to the
48-18 State Parks Fund, or any successor fund which may be established by
48-19 the Legislature as a depository for Park revenue earned by said
48-20 Parks and Wildlife Department, or its said successor.
48-21 (g) All bonds issued hereunder shall after approval by the
48-22 Attorney General, registration by the Comptroller of Public
48-23 Accounts of the State of Texas, and delivery to the purchasers, be
48-24 incontestable and shall constitute general obligations of the State
48-25 of Texas under the Constitution of Texas.
48-26 [Should the Legislature enact enabling laws in anticipation
48-27 of the adoption of this amendment, such Acts shall not be void by
49-1 reason of their anticipatory nature.]
49-2 SECTION 18. Section 49-h, Article III, Texas Constitution,
49-3 is amended to read as follows:
49-4 Sec. 49-h. (a) In amounts authorized by constitutional
49-5 amendment or by a debt proposition under Section 49 of this
49-6 article, the [The] legislature may provide for [authorize] the
49-7 issuance of [up to $500 million in] general obligation bonds and
49-8 the use of the bond proceeds for acquiring, constructing, or
49-9 equipping new facilities or for major repair or renovation of
49-10 existing facilities of corrections institutions, including youth
49-11 corrections institutions, and mental health and mental retardation
49-12 institutions. The legislature may require the review and approval
49-13 of the issuance of the bonds and the projects to be financed by the
49-14 bond proceeds. Notwithstanding any other provision of this
49-15 constitution, the issuer of the bonds or any entity created or
49-16 directed to review and approve projects may include members or
49-17 appointees of members of the executive, legislative, and judicial
49-18 departments of state government.
49-19 (b) Bonds issued under this section constitute a general
49-20 obligation of the state. While any of the bonds or interest on the
49-21 bonds is outstanding and unpaid, there is appropriated out of the
49-22 first money coming into the treasury in each fiscal year, not
49-23 otherwise appropriated by this constitution, the amount sufficient
49-24 to pay the principal of and interest on the bonds that mature or
49-25 become due during the fiscal year, less any amount in any sinking
49-26 fund at the end of the preceding fiscal year that is pledged to
49-27 payment of the bonds or interest.
50-1 (c) In addition to the purposes authorized under Subsection
50-2 (a), the [(1) The] legislature may authorize the issuance of the
50-3 [up to $400 million in] general obligation bonds[, in addition to
50-4 the amount authorized by Subsection (a) of this section, and use
50-5 the proceeds of the bonds] for acquiring, constructing, or
50-6 equipping:
50-7 (1) new [corrections institutions, mental health and
50-8 mental retardation institutions, youth corrections institutions,
50-9 and] statewide law enforcement facilities and for major repair or
50-10 renovation of existing facilities; and [of those institutions.]
50-11 [(2) The provisions of Subsection (a) of this section
50-12 relating to the review and approval of bonds and the provisions of
50-13 Subsection (b) of this section relating to the status of the bonds
50-14 as a general obligation of the state and to the manner in which the
50-15 principal and interest on the bonds are paid apply to bonds
50-16 authorized under this subsection.]
50-17 [(d)(1) The legislature may authorize the issuance of up to
50-18 $1.1 billion in general obligation bonds, in addition to the amount
50-19 authorized by Subsections (a) and (c) of this section, and may use
50-20 the proceeds of the bonds for acquiring, constructing, or
50-21 equipping]
50-22 (2) new prisons and substance abuse felony punishment
50-23 facilities to confine criminals[, mental health and mental
50-24 retardation institutions,] and [youth corrections institutions,
50-25 for] major repair or renovation of existing facilities of those
50-26 institutions, and for the acquisition of, major repair to, or
50-27 renovation of other facilities for use as state prisons or
51-1 substance abuse felony punishment facilities. [Proceeds of general
51-2 obligation bonds issued under this subdivision may not be
51-3 appropriated by any session of the legislature other than the 2nd
51-4 Called Session of the 72nd Legislature or any subsequent session of
51-5 the legislature.]
51-6 [(2) The provisions of Subsection (a) of this section
51-7 relating to the review and approval of bonds and the provisions of
51-8 Subsection (b) of this section relating to the status of the bonds
51-9 as a general obligation of the state and to the manner in which the
51-10 principal and interest on the bonds are paid apply to bonds
51-11 authorized under this subsection.]
51-12 [(e)(1) The legislature may authorize the issuance of up to
51-13 $1 billion in general obligation bonds, in addition to the amounts
51-14 authorized by Subsections (a), (c), and (d) of this section, and
51-15 use the proceeds of the bonds for acquiring, constructing, or
51-16 equipping new corrections institutions, including youth corrections
51-17 institutions, and mental health and mental retardation institutions
51-18 and for major repair or renovation of existing facilities of those
51-19 corrections and mental health and mental retardation institutions.]
51-20 [(2) The provisions of Subsection (a) of this section
51-21 relating to the review and approval of bonds and the provisions of
51-22 Subsection (b) of this section relating to the status of the bonds
51-23 as a general obligation of the state and to the manner in which the
51-24 principal and interest on the bonds are paid apply to bonds
51-25 authorized under this subsection.]
51-26 SECTION 19. Section 50b, Article III, Texas Constitution, is
51-27 amended to read as follows:
52-1 Sec. 50b. (a) The Legislature may provide that the Texas
52-2 Higher Education Coordinating Board, [Texas College and University
52-3 System,] or its successor or successors, shall have the authority
52-4 to provide for, issue and sell general obligation bonds of the
52-5 State of Texas in an amount authorized by constitutional amendment
52-6 or by a debt proposition under Section 49 of this article [not to
52-7 exceed Eighty-five Million Dollars ($85,000,000)]. The bonds
52-8 authorized herein shall be called "Texas College Student Loan
52-9 Bonds," shall be executed in such form, denominations and upon such
52-10 terms as may be prescribed by law, provided, however, that the
52-11 bonds shall not bear more than the maximum interest rate prescribed
52-12 by Section 65 of this article [four per cent (4%) interest per
52-13 annum]; they may be issued in such installments as the Board finds
52-14 feasible and practical in accomplishing the purposes of this
52-15 Section.
52-16 (b) All moneys received from the sale of such bonds shall be
52-17 deposited in a fund hereby created in the State Treasury to be
52-18 known as the Texas Opportunity Plan Fund to be administered by the
52-19 [Coordinating] Board[, Texas College and University System,] or its
52-20 successor or successors to make loans to students who have been
52-21 admitted to attend any institution of higher education within the
52-22 State of Texas, public or private, including Junior Colleges, which
52-23 are recognized or accredited under terms and conditions prescribed
52-24 by the Legislature, and to pay interest and principal on such bonds
52-25 and provide a sinking fund therefor under such conditions as the
52-26 Legislature may prescribe.
52-27 (c) While any of the bonds, or interest on said bonds
53-1 authorized by this Section is outstanding and unpaid, there is
53-2 hereby appropriated out of the first moneys coming into the
53-3 Treasury in each fiscal year, not otherwise appropriated by this
53-4 Constitution, an amount sufficient to pay the principal and
53-5 interest on such bonds that mature or become due during such fiscal
53-6 year, less the amount in the sinking fund at the close of the prior
53-7 fiscal year.
53-8 (d) The Legislature may provide for the investment of moneys
53-9 available in the Texas Opportunity Plan Fund, and the interest and
53-10 sinking funds established for the payment of bonds issued by the
53-11 [Coordinating] Board[, Texas College and University System,] or its
53-12 successor or successors. Income from such investment shall be used
53-13 for the purposes prescribed by the Legislature.
53-14 (e) All bonds issued hereunder shall, after approval by the
53-15 Attorney General, registration by the Comptroller of Public
53-16 Accounts of the State of Texas, and delivery to the purchasers, be
53-17 incontestable and shall constitute general obligations of the State
53-18 of Texas under this Constitution.
53-19 [(f) Should the Legislature enact enabling laws in
53-20 anticipation of the adoption of this Amendment, such acts shall not
53-21 be void because of their anticipatory nature.]
53-22 SECTION 20. Section 51, Article III, Texas Constitution, is
53-23 amended to read as follows:
53-24 Sec. 51. The Legislature shall have no power to make any
53-25 grant or authorize the making of any grant of public moneys to any
53-26 individual, association of individuals, municipal or other
53-27 corporations whatsoever; [provided, however, the Legislature may
54-1 grant aid to indigent and disabled Confederate soldiers and sailors
54-2 under such regulations and limitations as may be deemed by the
54-3 Legislature as expedient, and to their widows in indigent
54-4 circumstances under such regulations and limitations as may be
54-5 deemed by the Legislature as expedient;] provided that the
54-6 provisions of this Section shall not be construed so as to prevent
54-7 the grant of aid in cases of public calamity.
54-8 SECTION 21. Section 51-a, Article III, Texas Constitution,
54-9 is amended to read as follows:
54-10 Sec. 51-a. (a) The Legislature shall have the power, by
54-11 General Laws, to provide, subject to limitations herein contained,
54-12 and such other limitations, restrictions and regulations as may by
54-13 the Legislature be deemed expedient, for assistance grants to needy
54-14 dependent children and the caretakers of such children, needy
54-15 persons who are totally and permanently disabled because of a
54-16 mental or physical handicap, needy aged persons and needy blind
54-17 persons.
54-18 (b) The Legislature may provide by General Law for medical
54-19 care, rehabilitation and other similar services for needy persons.
54-20 The Legislature may prescribe such other eligibility requirements
54-21 for participation in these programs as it deems appropriate and may
54-22 make appropriations out of state funds for such purposes. The
54-23 maximum amount paid out of state funds for assistance grants, to or
54-24 on behalf of needy dependent children and their caretakers shall
54-25 not exceed [the amount of Eighty Million Dollars ($80,000,000)
54-26 during any fiscal year, except that the limit shall be One Hundred
54-27 Sixty Million Dollars ($160,000,000) for the two years of the
55-1 1982-1983 biennium. For the two years of each subsequent biennium,
55-2 the maximum amount shall not exceed] one percent of the state
55-3 budget. The Legislature by general statute shall provide for the
55-4 means for determining the state budget amounts, including state and
55-5 other funds appropriated by the Legislature, to be used in
55-6 establishing the biennial limit.
55-7 (c) Provided further, that if the limitations and
55-8 restrictions herein contained are found to be in conflict with the
55-9 provisions of appropriate federal statutes, as they now are or as
55-10 they may be amended to the extent that federal matching money is
55-11 not available to the state for these purposes, then and in that
55-12 event the Legislature is specifically authorized and empowered to
55-13 prescribe such limitations and restrictions and enact such laws as
55-14 may be necessary in order that such federal matching money will be
55-15 available for assistance and/or medical care for or on behalf of
55-16 needy persons.
55-17 (d) Nothing in this Section shall be construed to amend,
55-18 modify or repeal Section 31 of Article XVI of this Constitution;
55-19 provided further, however, that such medical care, services or
55-20 assistance shall also include the employment of objective or
55-21 subjective means, without the use of drugs, for the purpose of
55-22 ascertaining and measuring the powers of vision of the human eye,
55-23 and fitting lenses or prisms to correct or remedy any defect or
55-24 abnormal condition of vision. Nothing herein shall be construed to
55-25 permit optometrists to treat the eyes for any defect whatsoever in
55-26 any manner nor to administer nor to prescribe any drug or physical
55-27 treatment whatsoever, unless such optometrist is a regularly
56-1 licensed physician or surgeon under the laws of this state.
56-2 SECTION 22. Subsections (b) and (c), Section 52, Article
56-3 III, Texas Constitution, are amended to read as follows:
56-4 (b) Under Legislative provision, any county, [any] political
56-5 subdivision of a county, [any] number of adjoining counties, [or
56-6 any] political subdivision of the State, or [any] defined district
56-7 now or hereafter to be described and defined within the State of
56-8 Texas, and which may or may not include, towns, villages or
56-9 municipal corporations, upon a vote of two-thirds majority of the
56-10 [resident property taxpayers] voting [thereon who are] qualified
56-11 voters [electors] of such district or territory to be affected
56-12 thereby, [in addition to all other debts,] may issue bonds or
56-13 otherwise lend its credit in any amount not to exceed one-fourth of
56-14 the assessed valuation of the real property of such district or
56-15 territory, except that the total bonded indebtedness of any city or
56-16 town shall never exceed the limits imposed by other provisions of
56-17 this Constitution, and levy and collect taxes to pay the interest
56-18 thereon and provide a sinking fund for the redemption thereof, as
56-19 the Legislature may authorize, and in such manner as it may
56-20 authorize the same, for the following purposes to wit:
56-21 (1) The improvement of rivers, creeks, and streams to
56-22 prevent overflows, and to permit of navigation thereof, or
56-23 irrigation thereof, or in aid of such purposes.
56-24 (2) The construction and maintenance of pools, lakes,
56-25 reservoirs, dams, canals and waterways for the purposes of
56-26 irrigation, drainage or navigation, or in aid thereof.
56-27 (3) The construction, maintenance and operation of
57-1 macadamized, graveled or paved roads and turnpikes, or in aid
57-2 thereof.
57-3 (c) Notwithstanding the provisions of Subsection (b) of this
57-4 Section, bonds may be issued by any county in an amount not to
57-5 exceed one-fourth of the assessed valuation of the real property in
57-6 the county, for the construction, maintenance, and operation of
57-7 macadamized, graveled, or paved roads and turnpikes, or in aid
57-8 thereof, upon a vote of a majority of the [resident property
57-9 taxpayers] voting [thereon who are] qualified voters [electors] of
57-10 the county, and without the necessity of further or amendatory
57-11 legislation. The county may levy and collect taxes to pay the
57-12 interest on the bonds as it becomes due and to provide a sinking
57-13 fund for redemption of the bonds.
57-14 SECTION 23. Section 52d, Article III, Texas Constitution, is
57-15 amended to read as follows:
57-16 Sec. 52d. (a) Upon the vote of a majority of the [resident]
57-17 qualified voters [electors owning rendered taxable property
57-18 therein] so authorizing, a county or road district may collect an
57-19 annual tax for a period not exceeding five (5) years to create a
57-20 fund for constructing lasting and permanent roads and bridges or
57-21 both. No contract involving the expenditure of any of such fund
57-22 shall be valid unless, when it is made, money shall be on hand in
57-23 such fund.
57-24 (b) At such election, the Commissioners' Court shall submit
57-25 for adoption a road plan and designate the amount of special tax to
57-26 be levied; the number of years said tax is to be levied; the
57-27 location, description, and character of the roads and bridges; and
58-1 the estimated cost thereof. The funds raised by such taxes shall
58-2 not be used for purposes other than those specified in the plan
58-3 submitted to the voters. Elections may be held from time to time
58-4 to extend or discontinue said plan or to increase or diminish said
58-5 tax. The Legislature shall enact laws prescribing the procedure
58-6 hereunder.
58-7 (c) The provisions of this section shall apply only to
58-8 Harris County and road districts therein.
58-9 SECTION 24. Section 52g, Article III, Texas Constitution, is
58-10 amended to read as follows:
58-11 Sec. 52g. Bonds to be issued by Dallas County under Section
58-12 52(b)(3) [52] of Article III of this Constitution [for the
58-13 construction, maintenance and operation of macadamized, graveled or
58-14 paved roads and turnpikes, or in aid thereof,] may, without the
58-15 necessity of further or amendatory legislation, be issued upon a
58-16 vote of a majority of the [residents] voting [thereon who are]
58-17 qualified voters [electors] of said county, and bonds heretofore or
58-18 hereafter issued under Subsections (a) and (b) of said Section 52
58-19 shall not be included in determining the debt limit prescribed in
58-20 said Section.
58-21 SECTION 25. Section 7, Article IV, Texas Constitution, is
58-22 amended to read as follows:
58-23 Sec. 7. He shall be Commander-in-Chief of the military
58-24 forces of the State, except when they are called into actual
58-25 service of the United States. He shall have power to call forth
58-26 the militia to execute the laws of the State, to suppress
58-27 insurrections, and to repel invasions[, and protect the frontier
59-1 from hostile incursions by Indians or other predatory bands].
59-2 SECTION 26. Section 16, Article IV, Texas Constitution, is
59-3 amended to read as follows:
59-4 Sec. 16. There shall also be a Lieutenant Governor, who
59-5 shall be chosen at every election for Governor by the same voters
59-6 [electors], in the same manner, continue in office for the same
59-7 time, and possess the same qualifications. The voters [electors]
59-8 shall distinguish for whom they vote as Governor and for whom as
59-9 Lieutenant Governor. The Lieutenant Governor, shall by virtue of
59-10 his office, be President of the Senate, and shall have, when in
59-11 Committee of the Whole, a right to debate and vote on all
59-12 questions; and when the Senate is equally divided to give the
59-13 casting vote. In case of the death, resignation, removal from
59-14 office, inability or refusal of the Governor to serve, or of his
59-15 impeachment or absence from the State, the Lieutenant Governor
59-16 shall exercise the powers and authority appertaining to the office
59-17 of Governor until another be chosen at the periodical election, and
59-18 be duly qualified; or until the Governor impeached, absent or
59-19 disabled, shall be acquitted, return, or his disability be removed.
59-20 SECTION 27. Section 22, Article IV, Texas Constitution, is
59-21 amended to read as follows:
59-22 Sec. 22. The Attorney General [elected at the general
59-23 election in 1974, and thereafter, shall hold office for four years
59-24 and until his successor is duly qualified. He] shall represent the
59-25 State in all suits and pleas in the Supreme Court of the State in
59-26 which the State may be a party, and shall especially inquire into
59-27 the charter rights of all private corporations, and from time to
60-1 time, in the name of the State, take such action in the courts as
60-2 may be proper and necessary to prevent any private corporation from
60-3 exercising any power or demanding or collecting any species of
60-4 taxes, tolls, freight or wharfage not authorized by law. He shall,
60-5 whenever sufficient cause exists, seek a judicial forfeiture of
60-6 such charters, unless otherwise expressly directed by law, and give
60-7 legal advice in writing to the Governor and other executive
60-8 officers, when requested by them, and perform such other duties as
60-9 may be required by law. [He shall reside at the seat of government
60-10 during his continuance in office. He shall receive for his
60-11 services an annual salary in an amount to be fixed by the
60-12 Legislature.]
60-13 SECTION 28. Section 23, Article IV, Texas Constitution, is
60-14 amended to read as follows:
60-15 Sec. 23. The Comptroller of Public Accounts, the
60-16 Commissioner of the General Land Office, the Attorney General, and
60-17 any statutory State officer who is elected by the electorate of
60-18 Texas at large, unless a term of office is otherwise specifically
60-19 provided in this Constitution, shall each hold office for the term
60-20 of four years [and until his successor is qualified. The four-year
60-21 term applies to these officers who are elected at the general
60-22 election in 1974 or thereafter]. Each shall receive an annual
60-23 salary in an amount to be fixed by the Legislature; reside at the
60-24 Capital of the State during his continuance in office, and perform
60-25 such duties as are or may be required by law. They and the
60-26 Secretary of State shall not receive to their own use any fees,
60-27 costs or perquisites of office. All fees that may be payable by
61-1 law for any service performed by any officer specified in this
61-2 section or in his office, shall be paid, when received, into the
61-3 State Treasury.
61-4 SECTION 29. Section 9, Article V, Texas Constitution, is
61-5 amended to read as follows:
61-6 Sec. 9. There shall be a Clerk for the District Court of
61-7 each county, who shall be elected by the qualified voters [for
61-8 State and county officers,] and who shall hold his office for four
61-9 years, subject to removal by information, or by indictment of a
61-10 grand jury, and conviction of a petit jury. In case of vacancy,
61-11 the Judge of the District Court shall have the power to appoint a
61-12 Clerk, who shall hold until the office can be filled by election.
61-13 SECTION 30. Section 2, Article VI, Texas Constitution, is
61-14 amended to read as follows:
61-15 Sec. 2. Every person subject to none of the foregoing
61-16 disqualifications [who shall have attained the age of 18 years and]
61-17 who shall be a citizen of the United States and who is a resident
61-18 of this state shall be deemed a qualified voter [elector];
61-19 provided, however, that before offering to vote at an election a
61-20 voter shall have registered, but such requirement for registration
61-21 shall not be considered a qualification of a voter [an elector]
61-22 within the meaning of the term "qualified voter [elector]" as used
61-23 in any other Article of this Constitution in respect to any matter
61-24 except qualification and eligibility to vote at an election. The
61-25 Legislature may authorize absentee voting.
61-26 SECTION 31. Subsections (a) and (b), Section 2a, Article VI,
61-27 Texas Constitution, are amended to read as follows:
62-1 (a) Notwithstanding any other provision of this
62-2 Constitution, the Legislature may enact laws and provide a method
62-3 of registration, including the time of such registration,
62-4 permitting any person who is qualified to vote in this State except
62-5 for the residence requirements within a county or district, as set
62-6 forth in Section 2 of this Article, to vote for (1) electors for
62-7 President and Vice President of the United States and (2) all
62-8 offices, questions or propositions to be voted on by all voters
62-9 [electors] throughout this State.
62-10 (b) Notwithstanding any other provision of this
62-11 Constitution, the Legislature may enact laws and provide for a
62-12 method of registration, including the time for such registration,
62-13 permitting any person (1) who is qualified to vote in this State
62-14 except for the residence requirements of Section 2 of this Article,
62-15 and (2) who shall have resided anywhere within this State at least
62-16 thirty (30) days next preceding a General Election in a
62-17 presidential election year, and (3) who shall have been a qualified
62-18 voter [elector] in another state immediately prior to his removal
62-19 to this State or would have been eligible to vote in such other
62-20 state had he remained there until such election, to vote for
62-21 electors for President and Vice President of the United States in
62-22 that election.
62-23 SECTION 32. Section 3, Article VI, Texas Constitution, is
62-24 amended to read as follows:
62-25 Sec. 3. All qualified voters [electors] of the State, as
62-26 herein described, who reside within the limits of any city or
62-27 corporate town, shall have the right to vote for Mayor and all
63-1 other elective officers.
63-2 SECTION 33. Section 3a, Article VI, Texas Constitution, is
63-3 amended to read as follows:
63-4 Sec. 3a. When an election is held by any county, or any
63-5 number of counties, or any political sub-division of the State, or
63-6 any political sub-division of a county, or any defined district now
63-7 or hereafter to be described and defined within the State and which
63-8 may or may not include towns, villages or municipal corporations,
63-9 or any city, town or village, for the purpose of issuing bonds or
63-10 otherwise lending credit, or expending money or assuming any debt,
63-11 only qualified voters of [electors who own taxable property in] the
63-12 State, county, political sub-division, district, city, town or
63-13 village where such election is held[, and who have duly rendered
63-14 the same for taxation,] shall be qualified to vote [and all
63-15 electors shall vote in the election precinct of their residence].
63-16 SECTION 34. Section 3, Article VII, Texas Constitution, is
63-17 amended to read as follows:
63-18 Sec. 3. (a) One-fourth of the revenue derived from the
63-19 State occupation taxes [and poll tax of one dollar on every
63-20 inhabitant of the State, between the ages of twenty-one and sixty
63-21 years,] shall be set apart annually for the benefit of the public
63-22 free schools.
63-23 (b) It[; and in addition thereto, there shall be levied and
63-24 collected an annual ad valorem State tax of such an amount not to
63-25 exceed thirty-five cents on the one hundred ($100.00) dollars
63-26 valuation, as with the available school fund arising from all other
63-27 sources, will be sufficient to maintain and support the public
64-1 schools of this State for a period of not less than six months in
64-2 each year, and it] shall be the duty of the State Board of
64-3 Education to set aside a sufficient amount of available funds [out
64-4 of the said tax] to provide free text books for the use of children
64-5 attending the public free schools of this State.
64-6 (c) Should[; provided, however, that should] the [limit of]
64-7 taxation herein named be insufficient the deficit may be met by
64-8 appropriation from the general funds of the State. [and the]
64-9 (d) The Legislature may [also] provide for the formation of
64-10 school districts [district] by general laws,[;] and all such school
64-11 districts may embrace parts of two or more counties.
64-12 (e) The[, and the] Legislature shall be authorized to pass
64-13 laws for the assessment and collection of taxes in all school
64-14 [said] districts and for the management and control of the public
64-15 school or schools of such districts, whether such districts are
64-16 composed of territory wholly within a county or in parts of two or
64-17 more counties, and the Legislature may authorize an additional ad
64-18 valorem tax to be levied and collected within all school districts
64-19 [heretofore formed or hereafter formed,] for the further
64-20 maintenance of public free schools, and for the erection and
64-21 equipment of school buildings therein; provided that a majority of
64-22 the qualified [property taxpaying] voters of the district voting at
64-23 an election to be held for that purpose, shall approve the [vote
64-24 such] tax [not to exceed in any one year one ($1.00) dollar on the
64-25 one hundred dollars valuation of the property subject to taxation
64-26 in such district, but the limitation upon the amount of school
64-27 district tax herein authorized shall not apply to incorporated
65-1 cities or towns constituting separate and independent school
65-2 districts, nor to independent or common school districts created by
65-3 general or special law].
65-4 SECTION 35. Sections 10 and 13, Article VII, Texas
65-5 Constitution, are combined, reenacted as Section 10, and amended
65-6 to read as follows:
65-7 Sec. 10. The Legislature shall [as soon as practicable
65-8 establish, organize and] provide for the maintenance, support and
65-9 direction of universities [a University] of the first class,
65-10 including [to be located by a vote of the people of this State, and
65-11 styled,] "The University of Texas", for the promotion of
65-12 literature, and the arts and sciences, and [including an
65-13 Agricultural, and Mechanical department.]
65-14 [Sec. 13. The Agricultural and Mechanical College of] Texas
65-15 A&M University, [established by an Act of the Legislature passed
65-16 April 17th, 1871,] located in the county of Brazos, [is hereby
65-17 made, and constituted a Branch of the University of Texas,] for
65-18 instruction in Agriculture, the Mechanic Arts, and the Natural
65-19 Sciences connected therewith. [And the Legislature shall at its
65-20 next session, make an appropriation, not to exceed forty thousand
65-21 dollars, for the construction and completion of the buildings and
65-22 improvements, and for providing the furniture necessary to put said
65-23 College in immediate and successful operation.]
65-24 SECTION 36. Section 14, Article VII, Texas Constitution, is
65-25 amended to read as follows:
65-26 Sec. 14. Prairie View A&M University in Waller County is an
65-27 institution of the first class under the direction of the same
66-1 governing board as Texas A&M University [referred to in Article
66-2 VII, Section 13, of this constitution as the Agricultural and
66-3 Mechanical College of Texas].
66-4 SECTION 37. Section 1-a, Article VIII, Texas Constitution,
66-5 is amended to read as follows:
66-6 Sec. 1-a. No [From and after January 1, 1951, no] State ad
66-7 valorem tax shall be levied upon any property within this State
66-8 [for general revenue purposes]. The [From and after January 1,
66-9 1951, the] several counties of the State are authorized to levy ad
66-10 valorem taxes upon all property within their respective boundaries
66-11 for county purposes, except the first Three Thousand Dollars
66-12 ($3,000) value of residential homesteads of married or unmarried
66-13 adults, male or female, including those living alone, not to exceed
66-14 thirty cents (30 ) on each One Hundred Dollars ($100) valuation, in
66-15 addition to all other ad valorem taxes authorized by the
66-16 Constitution of this State, provided the revenue derived therefrom
66-17 shall be used for construction and maintenance of Farm to Market
66-18 Roads or for Flood Control, except as herein otherwise provided.
66-19 [Provided that in those counties or political subdivisions or
66-20 areas of the State from which tax donations have heretofore been
66-21 granted, the State Automatic Tax Board shall continue to levy the
66-22 full amount of the State ad valorem tax for the duration of such
66-23 donation, or until all legal obligations heretofore authorized by
66-24 the law granting such donation or donations shall have been fully
66-25 discharged, whichever shall first occur; provided that if such
66-26 donation to any such county or political subdivision is for less
66-27 than the full amount of State ad valorem taxes so levied, the
67-1 portion of such taxes remaining over and above such donation shall
67-2 be retained by said county or subdivision.]
67-3 SECTION 38. Subsection (b), Section 1-b, Article VIII, Texas
67-4 Constitution, is amended to read as follows:
67-5 (b) The governing body of any county, city, town, school
67-6 district, or other political subdivision of the State[, other than
67-7 a county education district,] may exempt by its own action not less
67-8 than Three Thousand Dollars ($3,000) of the market value of
67-9 residence homesteads of persons, married or unmarried, including
67-10 those living alone, who are under a disability for purposes of
67-11 payment of disability insurance benefits under Federal Old-Age,
67-12 Survivors, and Disability Insurance or its successor or of married
67-13 or unmarried persons sixty-five (65) years of age or older,
67-14 including those living alone, from all ad valorem taxes thereafter
67-15 levied by the political subdivision. As an alternative, upon
67-16 receipt of a petition signed by twenty percent (20%) of the voters
67-17 who voted in the last preceding election held by the political
67-18 subdivision, the governing body of the subdivision shall call an
67-19 election to determine by majority vote whether an amount not less
67-20 than Three Thousand Dollars ($3,000) as provided in the petition,
67-21 of the market value of residence homesteads of disabled persons or
67-22 of persons sixty-five (65) years of age or over shall be exempt
67-23 from ad valorem taxes thereafter levied by the political
67-24 subdivision. [In the manner provided by law, the voters of a
67-25 county education district at an election held for that purpose may
67-26 exempt an amount not less than Three Thousand Dollars ($3,000), as
67-27 provided in the petition, of the market value of residence
68-1 homesteads of disabled persons or of persons sixty-five (65) years
68-2 of age or over from ad valorem taxes thereafter levied by the
68-3 county education district.] An eligible disabled person who is
68-4 sixty-five (65) years of age or older may not receive both
68-5 exemptions from the same political subdivision in the same year but
68-6 may choose either if the subdivision has adopted both. Where any
68-7 ad valorem tax has theretofore been pledged for the payment of any
68-8 debt, the taxing officers of the political subdivision shall have
68-9 authority to continue to levy and collect the tax against the
68-10 homestead property at the same rate as the tax so pledged until the
68-11 debt is discharged, if the cessation of the levy would impair the
68-12 obligation of the contract by which the debt was created. [An
68-13 exemption adopted under this subsection based on assessed value is
68-14 increased, effective January 1, 1979, to an amount that, when
68-15 converted to market value, provides the same reduction in taxes,
68-16 except that the market value exemption shall be rounded to the
68-17 nearest $100.]
68-18 SECTION 39. Subsection (b), Section 1-j, Article VIII, Texas
68-19 Constitution, is amended to read as follows:
68-20 (b) [Tangible personal property exempted from taxation in
68-21 Subsection (a) of this section is subject to the following:]
68-22 [(1) A county, common, or independent school district,
68-23 junior college district, or municipality, including a home-rule
68-24 city, may tax such property otherwise exempt, if the governing body
68-25 of the county, common, or independent school district, junior
68-26 college district, or municipality takes official action as provided
68-27 in this section and in the manner provided by law to provide for
69-1 the taxation of such property.]
69-2 [(2) Any official action to tax such exempt property
69-3 must be taken before April 1, 1990. If official action is taken to
69-4 tax such exempt property before January 1, 1990, such property is
69-5 taxable effective for the tax year 1990. However, if such official
69-6 action to tax such exempt property is taken prior to April 1, 1990,
69-7 but after January 1, 1990, the official action shall not become
69-8 effective to tax such property until the 1991 tax year.]
69-9 [(3) Any of the above-named political subdivisions
69-10 shall have the authority to exempt from payment of taxation such
69-11 property located in such above-named political subdivisions for the
69-12 taxing year 1989. If a governing body exempts the property from
69-13 1989 taxes, the governing body shall waive 1989 taxes already
69-14 imposed and refund 1989 taxes already paid on such property for
69-15 that year.]
69-16 [(4)] The governing body of a county, common, or
69-17 independent school district, junior college district, or
69-18 municipality that, acting under previous constitutional authority,
69-19 taxes [acts under Subdivision (2) of Subsection (b) of this section
69-20 to tax the] property otherwise exempt by Subsection (a) of this
69-21 section may subsequently exempt the property from taxation by
69-22 rescinding its action to tax the property. The exemption applies
69-23 to each tax year that begins after the date the action is taken and
69-24 applies to the tax year in which the action is taken if the
69-25 governing body so provides. A governing body that rescinds its
69-26 action to tax the property may not take action to tax such property
69-27 after the rescission.
70-1 SECTION 40. Section 6, Article VIII, Texas Constitution, is
70-2 amended to read as follows:
70-3 Sec. 6. No money shall be drawn from the Treasury but in
70-4 pursuance of specific appropriations made by law; nor shall any
70-5 appropriation of money be made for a longer term than two years[,
70-6 except by the first Legislature to assemble under this
70-7 Constitution, which may make the necessary appropriations to carry
70-8 on the government until the assemblage of the sixteenth
70-9 Legislature].
70-10 SECTION 41. Section 9, Article VIII, Texas Constitution, is
70-11 amended to read as follows:
70-12 Sec. 9. (a) No [The State tax on property, exclusive of the
70-13 tax necessary to pay the public debt, and of the taxes provided for
70-14 the benefit of the public free schools, shall never exceed
70-15 Thirty-five Cents (35 ) on the One Hundred Dollars ($100)
70-16 valuation; and no] county, city or town shall levy a tax rate in
70-17 excess of Eighty Cents (80 ) on the One Hundred Dollars ($100)
70-18 valuation in any one (1) year for general fund, permanent
70-19 improvement fund, road and bridge fund and jury fund purposes.
70-20 (b) At[; provided further that at] the time the
70-21 Commissioners Court meets to levy the annual tax rate for each
70-22 county it shall levy whatever tax rate may be needed for the four
70-23 (4) constitutional purposes; namely, general fund, permanent
70-24 improvement fund, road and bridge fund and jury fund so long as the
70-25 Court does not impair any outstanding bonds or other obligations
70-26 and so long as the total of the foregoing tax levies does not
70-27 exceed Eighty Cents (80 ) on the One Hundred Dollars ($100)
71-1 valuation in any one (1) year. Once the Court has levied the
71-2 annual tax rate, the same shall remain in force and effect during
71-3 that taxable year.
71-4 (c) The[; and the] Legislature may [also] authorize an
71-5 additional annual ad valorem tax to be levied and collected for the
71-6 further maintenance of the public roads; provided, that a majority
71-7 of the qualified [property taxpaying] voters of the county voting
71-8 at an election to be held for that purpose shall approve the [vote
71-9 such] tax, not to exceed Fifteen Cents (15 ) on the One Hundred
71-10 Dollars ($100) valuation of the property subject to taxation in
71-11 such county.
71-12 (d) Any county may put all tax money collected by the county
71-13 into one general fund, without regard to the purpose or source of
71-14 each tax.
71-15 (e) The [And the] Legislature may pass local laws for the
71-16 maintenance of the public roads and highways, without the local
71-17 notice required for special or local laws.
71-18 (f) This Section shall not be construed as a limitation of
71-19 powers delegated to counties, cities or towns by any other Section
71-20 or Sections of this Constitution.
71-21 SECTION 42. Section 16a, Article VIII, Texas Constitution,
71-22 is amended to read as follows:
71-23 Sec. 16a. In any county having a population of less than ten
71-24 thousand (10,000) inhabitants, as determined by the last preceding
71-25 census of the United States, the Commissioners Court may submit to
71-26 the qualified [property taxpaying] voters of such county at an
71-27 election the question of adding an Assessor-Collector of Taxes to
72-1 the list of authorized county officials. If a majority of such
72-2 voters voting in such election shall approve of adding an
72-3 Assessor-Collector of Taxes to such list, then such official shall
72-4 be elected at the next General Election for such Constitutional
72-5 term of office as is provided for other Tax Assessor-Collectors in
72-6 this State.
72-7 SECTION 43. Section 20, Article VIII, Texas Constitution, is
72-8 amended to read as follows:
72-9 Sec. 20. No property of any kind in this State shall ever be
72-10 assessed for ad valorem taxes at a greater value than its fair cash
72-11 market value nor shall any Board of Equalization of any
72-12 governmental or political subdivision or taxing district within
72-13 this State fix the value of any property for tax purposes at more
72-14 than its fair cash market value; provided that in order to
72-15 encourage the prompt payment of taxes, the Legislature shall have
72-16 the power to provide that the taxpayer shall be allowed by the
72-17 State and all governmental and political subdivisions and taxing
72-18 districts of the State a three per cent (3%) discount on ad valorem
72-19 taxes due the State or due any governmental or political
72-20 subdivision or taxing district of the State if such taxes are paid
72-21 ninety (90) days before the date when they would otherwise become
72-22 delinquent; and the taxpayer shall be allowed a two per cent (2%)
72-23 discount on said taxes if paid sixty (60) days before said taxes
72-24 would become delinquent; and the taxpayer shall be allowed a one
72-25 per cent (1%) discount if said taxes are paid thirty (30) days
72-26 before they would otherwise become delinquent. [This amendment
72-27 shall be effective January 1, 1939.] The Legislature shall pass
73-1 necessary laws for the proper administration of this Section.
73-2 SECTION 44. Section 1, Article IX, Texas Constitution, is
73-3 amended to read as follows:
73-4 Sec. 1. The Legislature shall have power to create counties
73-5 for the convenience of the people subject to the following
73-6 provisions:
73-7 [First. In the territory of the State exterior to all
73-8 counties now existing, no new counties shall be created with a less
73-9 area than nine hundred square miles, in a square form, unless
73-10 prevented by pre-existing boundary lines. Should the State lines
73-11 render this impracticable in border counties, the area may be less.
73-12 The territory referred to may, at any time, in whole or in part, be
73-13 divided into counties in advance of population and attached, for
73-14 judicial and land surveying purposes, to the most convenient
73-15 organized county or counties.]
73-16 (1) [Second.] Within the territory of any county or
73-17 counties [now existing], no new county shall be created with a less
73-18 area than seven hundred square miles, nor shall any such county now
73-19 existing be reduced to a less area than seven hundred square miles.
73-20 No new counties shall be created so as to approach nearer than
73-21 twelve miles of the county seat of any county from which it may in
73-22 whole or in part be taken. Counties of a less area than nine
73-23 hundred, but of seven hundred or more square miles, within counties
73-24 now existing, may be created by a two-thirds vote of each House of
73-25 the Legislature, taken by yeas and nays and entered on the
73-26 journals. Any county now existing may be reduced to an area of not
73-27 less than seven hundred square miles by a like two-thirds vote.
74-1 When any part of a county is stricken off and attached to, or
74-2 created into another county, the part stricken off shall be holden
74-3 for and obliged to pay its proportion of all the liabilities then
74-4 existing, of the county from which it was taken, in such manner as
74-5 may be prescribed by law.
74-6 (2) [Third.] No part of any existing county shall be
74-7 detached from it and attached to another existing county until the
74-8 proposition for such change shall have been submitted, in such
74-9 manner as may be provided by law, to a vote of the voters
74-10 [electors] of both counties, and shall have received a majority of
74-11 those voting on the question in each.
74-12 SECTION 45. Section 2, Article IX, Texas Constitution, is
74-13 amended to read as follows:
74-14 Sec. 2. The Legislature shall pass laws regulating the
74-15 manner of removing county seats, but no county seat situated within
74-16 five miles of the geographical centre of the county shall be
74-17 removed, except by a vote of two-thirds of all the voters
74-18 [electors] voting on the subject. A majority of such voters
74-19 [electors], however, voting at such election, may remove a county
74-20 seat from a point more than five miles from the geographical centre
74-21 of the county to a point within five miles of such centre, in
74-22 either case the centre to be determined by a certificate from the
74-23 Commissioner of the General Land Office.
74-24 SECTION 46. Section 4, Article IX, Texas Constitution, is
74-25 amended to read as follows:
74-26 Sec. 4. The Legislature may by law authorize the creation of
74-27 county-wide Hospital Districts in counties having a population in
75-1 excess of 190,000 and in Galveston County, with power to issue
75-2 bonds for the purchase, acquisition, construction, maintenance and
75-3 operation of any county owned hospital, or where the hospital
75-4 system is jointly operated by a county and city within the county,
75-5 and to provide for the transfer to the county-wide Hospital
75-6 District of the title to any land, buildings or equipment, jointly
75-7 or separately owned, and for the assumption by the district of any
75-8 outstanding bonded indebtedness theretofore issued by any county or
75-9 city for the establishment of hospitals or hospital facilities; to
75-10 levy a tax not to exceed seventy-five ($.75) cents on the One
75-11 Hundred ($100.00) Dollars valuation of all taxable property within
75-12 such district, provided, however, that such district shall be
75-13 approved at an election held for that purpose, and that only
75-14 qualified [, property taxpaying] voters in such county shall vote
75-15 therein; provided further, that such Hospital District shall assume
75-16 full responsibility for providing medical and hospital care to
75-17 needy inhabitants of the county, and thereafter such county and
75-18 cities therein shall not levy any other tax for hospital purposes;
75-19 and provided further that should such Hospital District construct,
75-20 maintain and support a hospital or hospital system, that the same
75-21 shall never become a charge against the State of Texas, nor shall
75-22 any direct appropriation ever be made by the Legislature for the
75-23 construction, maintenance or improvement of the said hospital or
75-24 hospitals. [Should the Legislature enact enabling laws in
75-25 anticipation of the adoption of this amendment, such Acts shall not
75-26 be invalid because of their anticipatory character.]
75-27 SECTION 47. Subsections (a), (c), and (e), Section 5,
76-1 Article IX, Texas Constitution, are amended to read as follows:
76-2 (a) The Legislature may by law authorize the creation of two
76-3 hospital districts, one to be coextensive with and have the same
76-4 boundaries as the incorporated City of Amarillo, as such boundaries
76-5 now exist or as they may hereafter be lawfully extended, and the
76-6 other to be coextensive with Wichita County.
76-7 If such district or districts are created, they may be
76-8 authorized to levy a tax not to exceed Seventy-five Cents (75 ) on
76-9 the One Hundred Dollars ($100.00) valuation of taxable property
76-10 within the district; provided, however, no tax may be levied until
76-11 approved by a majority vote of the participating resident qualified
76-12 [property taxpaying] voters [who have duly rendered their property
76-13 for taxation]. The maximum rate of tax may be changed at
76-14 subsequent elections so long as obligations are not impaired, and
76-15 not to exceed the maximum limit of Seventy-five Cents (75 ) per One
76-16 Hundred Dollars ($100.00) valuation, and no election shall be
76-17 required by subsequent changes in the boundaries of the City of
76-18 Amarillo.
76-19 If such tax is authorized, no political subdivision or
76-20 municipality within or having the same boundaries as the district
76-21 may levy a tax for medical or hospital care for needy individuals,
76-22 nor shall they maintain or erect hospital facilities, but the
76-23 district shall by resolution assume all such responsibilities and
76-24 shall assume all of the liabilities and obligations (including
76-25 bonds and warrants) of such subdivisions or municipalities or both.
76-26 The maximum tax rate submitted shall be sufficient to discharge
76-27 such obligations, liabilities, and responsibilities, and to
77-1 maintain and operate the hospital system, and the Legislature may
77-2 authorize the district to issue tax bonds for the purpose of the
77-3 purchase, construction, acquisition, repair or renovation of
77-4 improvements and initially equipping the same, and such bonds shall
77-5 be payable from said Seventy-five Cents (75 ) tax. The Legislature
77-6 shall provide for transfer of title to properties to the district.
77-7 (c) The Legislature may by law authorize the creation of a
77-8 hospital district within Jefferson County, the boundaries of which
77-9 shall include only the area comprising the Jefferson County
77-10 Drainage District No. 7 and the Port Arthur Independent School
77-11 District, as such boundaries existed on the first day of January,
77-12 1957, with the power to issue bonds for the sole purpose of
77-13 purchasing a site for, and the construction and initial equipping
77-14 of, a hospital system, and with the power to levy a tax of not to
77-15 exceed Seventy-five Cents (75 ) on the One Hundred Dollars
77-16 ($100.00) valuation of property therein for the purpose of paying
77-17 the principal and interest on such bonds.
77-18 The [creation of such hospital district shall not be final
77-19 until approved at an election by a majority of the resident
77-20 property taxpaying voters voting at said election who have duly
77-21 rendered their property for taxation upon the tax rolls of either
77-22 said Drainage or said School District, nor shall such] bonds may
77-23 not be issued or such tax be levied until [so] approved by such
77-24 voters.
77-25 The district shall not have the power to levy any tax for
77-26 maintenance or operation of the hospital or facilities, but shall
77-27 contract with other political subdivisions of the state or private
78-1 individuals, associations, or corporations for such purposes.
78-2 If the district hereinabove authorized is finally created, no
78-3 other hospital district may be created embracing any part of the
78-4 territory within its boundaries, but the Legislature by law may
78-5 authorize the creation of a hospital district incorporating therein
78-6 the remainder of Jefferson County, having the powers and duties and
78-7 with the limitations presently provided by Article IX, Section 4,
78-8 of the Constitution of Texas[, except that such district shall be
78-9 confirmed at an election wherein the resident qualified property
78-10 taxpaying voters who have duly rendered their property within such
78-11 proposed district for taxation on the county rolls, shall be
78-12 authorized to vote]. A majority of those participating in the
78-13 election voting in favor of the district shall be necessary for
78-14 [its confirmation and for] bonds to be issued.
78-15 (e) The legislature by law may authorize Randall County to
78-16 render financial assistance to the Amarillo Hospital District by
78-17 paying part of the district's operating and maintenance expenses
78-18 and the debts assumed or created by the district and to levy a tax
78-19 for that purpose in an amount not to exceed seventy-five cents
78-20 (75 ) on the One Hundred Dollars ($100.00) valuation on all
78-21 property in Randall County that is not within the boundaries of the
78-22 City of Amarillo or the South Randall County Hospital District.
78-23 This tax is in addition to any other tax authorized by this
78-24 constitution. If the tax is authorized by the legislature and
78-25 approved by the voters of the area to be taxed, the Amarillo
78-26 Hospital District shall, by resolution, assume the
78-27 responsibilities, obligations, and liabilities of Randall County in
79-1 accordance with Subsection (a) of this section and, except as
79-2 provided by this subsection, Randall County may not levy taxes or
79-3 issue bonds for hospital purposes or for providing hospital care
79-4 for needy inhabitants of the county. [Not later than the end of
79-5 the first tax year during which taxes are levied under this
79-6 subsection, Randall County shall deposit in the State Treasury to
79-7 the credit of the state General Revenue Fund $45,000 to reimburse
79-8 the state for the cost of publishing the resolution required by
79-9 this subsection.]
79-10 SECTION 48. Subsection (a), Section 8, Article IX, Texas
79-11 Constitution, is amended to read as follows:
79-12 (a) The Legislature may by law authorize the creation of a
79-13 Hospital District to be co-extensive with the limits of County
79-14 Commissioners Precinct No. 4 of Comanche County, Texas.
79-15 If such District is created, it may be authorized to levy a
79-16 tax not to exceed seventy-five cents (75 ) on the One Hundred
79-17 Dollar ($100) valuation of taxable property within the District;
79-18 provided, however, no tax may be levied until approved by a
79-19 majority vote of the participating resident qualified [property
79-20 taxpaying] voters [who have duly rendered their property for
79-21 taxation]. The maximum rate of tax may be changed at subsequent
79-22 elections so long as obligations are not impaired, and not to
79-23 exceed the maximum limit of seventy-five cents (75 ) per One
79-24 Hundred Dollar ($100) valuation, and no election shall be required
79-25 by subsequent changes in the boundaries of the Commissioners
79-26 Precinct No. 4 of Comanche County.
79-27 If such tax is authorized, no political subdivision or
80-1 municipality within or having the same boundaries as the District
80-2 may levy a tax for medical or hospital care for needy individuals,
80-3 nor shall they maintain or erect hospital facilities, but the
80-4 District shall by resolution assume all such responsibilities and
80-5 shall assume all of the liabilities and obligations (including
80-6 bonds and warrants) of such subdivisions or municipalities or both.
80-7 The maximum tax rate submitted shall be sufficient to discharge
80-8 such obligations, liabilities, and responsibilities, and to
80-9 maintain and operate the hospital system, and the Legislature may
80-10 authorize the District to issue tax bonds for the purpose of the
80-11 purchase, construction, acquisition, repair or renovation of
80-12 improvements and initially equipping the same, and such bonds shall
80-13 be payable from said seventy-five cent (75 ) tax. The Legislature
80-14 shall provide for transfer of title to properties to the District.
80-15 SECTION 49. Section 11, Article IX, Texas Constitution, is
80-16 amended to read as follows:
80-17 Sec. 11. (a) The Legislature may by law authorize the
80-18 creation of hospital districts in Ochiltree, Castro, Hansford and
80-19 Hopkins Counties, each district to be coextensive with the limits
80-20 of such county.
80-21 (b) If any such district is created, it may be authorized to
80-22 levy a tax not to exceed Seventy-five Cents (75 ) on the One
80-23 Hundred Dollar ($100) valuation of taxable property within the
80-24 district; provided, however, no tax may be levied until approved by
80-25 a majority vote of the participating resident qualified
80-26 [property-taxpaying] voters [who have duly rendered their property
80-27 for taxation]. The maximum rate of tax may be changed at
81-1 subsequent elections so long as obligations are not impaired, and
81-2 not to exceed the maximum limit of Seventy-five Cents (75 ) per One
81-3 Hundred Dollar ($100) valuation.
81-4 (c) If such tax is authorized, no political subdivision or
81-5 municipality within or having the same boundaries as the district
81-6 may levy a tax for medical or hospital care for needy individuals,
81-7 nor shall they maintain or erect hospital facilities, but the
81-8 district shall by resolution assume all such responsibilities and
81-9 shall assume all of the liabilities and obligations (including
81-10 bonds and warrants) of such subdivisions or municipalities or both.
81-11 The maximum tax rate submitted shall be sufficient to discharge
81-12 obligations, liabilities, and responsibilities, and to maintain and
81-13 operate the hospital system, and the Legislature may authorize the
81-14 district to issue tax bonds for the purpose of the purchase,
81-15 construction, acquisition, repair or renovation of improvements and
81-16 initially equipping the same, and such bonds shall be payable from
81-17 said Seventy-five Cent (75 ) tax. The Legislature shall provide
81-18 for transfer of title to properties to the district.
81-19 [Should the Legislature enact enabling laws in anticipation
81-20 of the adoption of the amendment, such Acts shall not be invalid
81-21 because of their anticipatory character.]
81-22 SECTION 50. Section 12, Article IX, Texas Constitution, is
81-23 amended to read as follows:
81-24 Sec. 12. (a) The Legislature may by law provide for the
81-25 creation, establishment, maintenance and operation of Airport
81-26 Authorities composed of one or more counties, with power to issue
81-27 general obligation bonds, revenue bonds, either or both of them,
82-1 for the purchase, acquisition by the exercise of the power of
82-2 eminent domain or otherwise, construction, reconstruction, repair
82-3 or renovation of any airport or airports, landing fields and
82-4 runways, airport buildings, hangars, facilities, equipment,
82-5 fixtures, and any and all property, real or personal, necessary to
82-6 operate, equip and maintain an airport.
82-7 (b) The Legislature[;] shall provide for the option by the
82-8 governing body of the city or cities whose airport facilities are
82-9 served by certificated airlines and whose facility or some interest
82-10 therein, is proposed to be or has been acquired by the Authority,
82-11 to either appoint or elect a Board of Directors of said Authority.
82-12 If[; if] the Directors are appointed such appointment shall be made
82-13 by the County Commissioners Court after consultation with and
82-14 consent of the governing body or bodies of such city or cities.
82-15 If[, and if] the Board of Directors is elected they shall be
82-16 elected by the qualified [taxpaying] voters of the county which
82-17 chooses to elect the Directors to represent that county.[, such]
82-18 Directors shall serve without compensation for a term fixed by the
82-19 Legislature not to exceed six (6) years, [and] shall be selected on
82-20 the basis of the proportionate population of each county based upon
82-21 the last preceding Federal Census, and shall be [a resident or]
82-22 residents of such county. No[; provide that no] county shall have
82-23 less than one (1) member on the Board of Directors.
82-24 (c) The Legislature shall[;] provide for the holding of an
82-25 election in each county proposing the creation of an Authority to
82-26 be called by the Commissioners Court or Commissioners Courts, as
82-27 the case may be, upon petition of five per cent (5%) of the
83-1 qualified [taxpaying] voters within the county or counties. The[,
83-2 said] elections must [to] be held on the same day if more than one
83-3 county is included. No[, provided that no] more than one (1) such
83-4 election may be called in a county until after the expiration of
83-5 one (1) year[;] in the event such an election has failed, and
83-6 thereafter only upon a petition of ten per cent (10%) of the
83-7 qualified [taxpaying] voters being presented to the Commissioners
83-8 Court or Commissioners Courts of the county or counties in which
83-9 such an election has failed. In[, and in] the event that two or
83-10 more counties vote on the proposition of the creation of an
83-11 Authority therein, the proposition shall not be deemed to carry
83-12 unless the majority of the qualified [taxpaying] voters in each
83-13 county voting thereon vote in favor thereof. An[; provided,
83-14 however, that an] Airport Authority may be created and be composed
83-15 of the county or counties that vote in favor of its creation if
83-16 separate propositions are submitted to the voters of each county so
83-17 that they may vote for a two or more county Authority or a single
83-18 county Authority.
83-19 (d) The Legislature shall[;] provide for the appointment by
83-20 the Board of Directors of an Assessor and Collector of Taxes in the
83-21 Authority, whether constituted of one or more counties, whose duty
83-22 it shall be to assess all taxable property, both real and personal,
83-23 and collect the taxes thereon, based upon the tax rolls approved by
83-24 the Board of Directors, the tax to be levied not to exceed
83-25 Seventy-Five Cents (75 ) per One Hundred Dollars ($100) assessed
83-26 valuation of the property. The[, provided, however, that the]
83-27 property of state regulated common carriers required by law to pay
84-1 a tax upon intangible assets shall not be subject to taxation by
84-2 the Authority. The[, said] taxable property shall be assessed on a
84-3 valuation not to exceed the market value and shall be equal and
84-4 uniform throughout the Authority as is otherwise provided by the
84-5 Constitution.
84-6 (e) The[; the] Legislature shall authorize the purchase or
84-7 acquisition by the Authority of any existing airport facility
84-8 publicly owned and financed and served by certificated airlines, in
84-9 fee or of any interest therein, or to enter into any lease
84-10 agreement therefor, upon such terms and conditions as may be
84-11 mutually agreeable to the Authority and the owner of such
84-12 facilities, or authorize the acquisition of same through the
84-13 exercise of the power of eminent domain. In[, and in] the event of
84-14 such acquisition, if there are any general obligation bonds that
84-15 the owner of the publicly owned airport facility has outstanding,
84-16 the same shall be fully assumed by the Authority and sufficient
84-17 taxes levied by the Authority to discharge said outstanding
84-18 indebtedness. If[; and likewise] any city or owner [that] has
84-19 outstanding revenue bonds where the revenues of the airport have
84-20 been pledged or said bonds constitute a lien against the airport
84-21 facilities, the Authority shall assume and discharge all the
84-22 obligations of the city under the ordinances and bond indentures
84-23 under which said revenue bonds have been issued and sold.
84-24 (f) Any city which owns airport facilities not serving
84-25 certificated airlines which are not purchased or acquired or taken
84-26 over as herein provided by such Authority[,] shall have the power
84-27 to operate the same under the existing laws or as the same may
85-1 hereafter be amended.
85-2 (g) Any such Authority when created may be granted the power
85-3 and authority to promulgate, adopt and enforce appropriate zoning
85-4 regulations to protect the airport from hazards and obstructions
85-5 which would interfere with the use of the airport and its
85-6 facilities for landing and take-off.
85-7 (h) An[;-an] additional county or counties may be added to
85-8 an existing Authority if a petition of five per cent (5%) of the
85-9 qualified [taxpaying] voters is filed with and an election is
85-10 called by the Commissioners Court of the county or counties seeking
85-11 admission to an Authority. If [and] the vote is favorable, then
85-12 admission may be granted to such county or counties by the Board of
85-13 Directors of the then existing Authority upon such terms and
85-14 conditions as they may agree upon and evidenced by a resolution
85-15 approved by two-thirds (2/3rds) of the then existing Board of
85-16 Directors. The[, provided, however, the] county or counties that
85-17 may be so added to the then existing Authority shall be given
85-18 representation on the Board of Directors by adding additional
85-19 directors in proportion to their population according to the last
85-20 preceding Federal census.
85-21 SECTION 51. Section 2, Article XI, Texas Constitution, is
85-22 amended to read as follows:
85-23 Sec. 2. The construction of jails, court-houses and bridges
85-24 [and the establishment of county poor houses and farms,] and the
85-25 laying out, construction and repairing of county roads shall be
85-26 provided for by general laws.
85-27 SECTION 52. Subsection (b), Section 30, Article XVI, Texas
86-1 Constitution, is amended to read as follows:
86-2 (b) The [When a] Railroad Commission [is created by law it]
86-3 shall be composed of three Commissioners who shall be elected by
86-4 the people at a general election for State officers, and their
86-5 terms of office shall be six years. [Railroad Commissioners first
86-6 elected after this amendment goes into effect shall hold office as
86-7 follows: One shall serve two years, and one four years, and one
86-8 six years; their terms to be decided by lot immediately after they
86-9 shall have qualified.] And one Railroad Commissioner shall be
86-10 elected every two years [thereafter]. In case of vacancy in said
86-11 office the Governor of the State shall fill said vacancy by
86-12 appointment until the next general election.
86-13 SECTION 53. Section 44, Article XVI, Texas Constitution, is
86-14 amended to read as follows:
86-15 Sec. 44. (a) Except as otherwise provided by this section,
86-16 the Legislature shall prescribe the duties and provide for the
86-17 election by the qualified voters of each county in this State, of a
86-18 County Treasurer and a County Surveyor, who shall have an office at
86-19 the county seat, and hold their office for four years, and until
86-20 their successors are qualified; and shall have such compensation as
86-21 may be provided by law.
86-22 (b) The office of County Treasurer or County Surveyor does
86-23 not exist in those counties in which the office has been abolished
86-24 pursuant to constitutional amendment or pursuant to the authority
86-25 of Subsection (c) of this section [in the counties of Tarrant and
86-26 Bee is abolished and all the powers, duties, and functions of the
86-27 office in each of these counties are transferred to the County
87-1 Auditor or to the officer who succeeds to the auditor's functions.
87-2 The office of County Treasurer in the counties of Bexar and Collin
87-3 are abolished and all the powers, duties, and functions of the
87-4 office in each of these counties are transferred to the County
87-5 Clerk. However, the office of County Treasurer shall be abolished
87-6 in the counties covered by this subsection only after a local
87-7 election has been held in each county and the proposition "to
87-8 abolish the elective office of county treasurer" has passed by a
87-9 majority of those persons voting in said election].
87-10 [(c) The office of County Treasurer in the counties of
87-11 Andrews and Gregg is abolished. In Andrews County, the powers,
87-12 duties, and functions of the office are transferred to the County
87-13 Auditor of the county or to the officer who succeeds to the
87-14 auditor's functions. In Gregg County, the functions of the office
87-15 are transferred to an elected official or the County Auditor as
87-16 designated by the Commissioners Court, and the Commissioners Court
87-17 may from time to time change its designation as it considers
87-18 appropriate.]
87-19 [(d) The office of County Treasurer in the counties of El
87-20 Paso and Fayette is abolished. In El Paso County, the
87-21 Commissioners Court may employ or contract with a qualified person
87-22 or may designate another county officer to perform any of the
87-23 functions that would have been performed by the County Treasurer if
87-24 the office had not been abolished. In Fayette County, the
87-25 functions of the abolished office are transferred to the County
87-26 Auditor or to the officer who succeeds to the auditor's functions.
87-27 However, the office of County Treasurer in El Paso or Fayette
88-1 County is abolished under this subsection only if, at the statewide
88-2 election at which the constitutional amendment providing for the
88-3 abolition of the office in that county is submitted to the voters,
88-4 a majority of the voters of that county voting on the question at
88-5 that election favor the amendment.]
88-6 [(e) The office of County Surveyor in the counties of
88-7 Denton, Randall, Collin, Dallas, El Paso, McLennan, and Henderson
88-8 is abolished upon the approval of the abolition by a majority of
88-9 the qualified voters of the respective county voting on the
88-10 question at an election that the Commissioners Court of the county
88-11 may call. If the election is called, the Commissioners Court shall
88-12 order the ballot at the election to be printed to provide for
88-13 voting for or against the proposition: "Abolishing the office of
88-14 county surveyor." Each qualified voter of the county is entitled
88-15 to vote in the election. If the office of County Surveyor is
88-16 abolished under this subsection, the maps, field notes, and other
88-17 records in the custody of the County Surveyor are transferred to
88-18 the County Clerk of the county. After abolition, the Commissioners
88-19 Court may employ or contract with a qualified person to perform any
88-20 of the functions that would have been performed by the County
88-21 Surveyor if the office had not been abolished.]
88-22 [(f) This subsection applies only to the counties of Cass,
88-23 Ector, Garza, Smith, Bexar, Harris, and Webb. The office of County
88-24 Surveyor in the county is abolished on January 1, 1990, if at the
88-25 statewide election at which the addition to the Constitution of
88-26 this subsection is submitted to the voters, a majority of the
88-27 voters of that county voting on the question at that election favor
89-1 the addition of this subsection. If the office of County Surveyor
89-2 is abolished in a county under this subsection, the powers, duties,
89-3 and functions of the office are transferred to the county officer
89-4 or employee designated by the Commissioners Court of the county in
89-5 which the office is abolished, and the Commissioners Court may from
89-6 time to time change its designation as it considers appropriate.]
89-7 [(g) The office of County Treasurer in Nueces County is
89-8 abolished and all powers, duties, and functions of this office are
89-9 transferred to the County Clerk. However, the office of County
89-10 Treasurer in Nueces County is abolished under this subsection only
89-11 if, at the statewide election at which this amendment is submitted
89-12 to the voters, a majority of the voters of Nueces County voting on
89-13 the question at that election favor the amendment. The office of
89-14 County Treasurer of Nueces County is abolished on January 1, 1988,
89-15 if the conditions of this subsection are met. If that office in
89-16 Nueces County is not abolished, this subsection expires on January
89-17 1, 1988.]
89-18 (c) [(h)] The Commissioners Court of a county may call an
89-19 election to abolish the office of County Surveyor in the county.
89-20 The office of County Surveyor in the county is abolished if a
89-21 majority of the voters of the county voting on the question at that
89-22 election approve the abolition. If an election is called under
89-23 this subsection, the Commissioners Court shall order the ballot for
89-24 the election to be printed to provide for voting for or against the
89-25 proposition: "Abolishing the office of county surveyor of this
89-26 county." If the office of County Surveyor is abolished under this
89-27 subsection, the maps, field notes, and other records in the custody
90-1 of the County Surveyor are transferred to the county officer or
90-2 employee designated by the Commissioners Court of the county in
90-3 which the office is abolished, and the Commissioners Court may from
90-4 time to time change its designation as it considers appropriate.
90-5 SECTION 54. Subsection (c), Section 59, Article XVI, Texas
90-6 Constitution, is amended to read as follows:
90-7 (c) The Legislature shall authorize all such indebtedness as
90-8 may be necessary to provide all improvements and the maintenance
90-9 thereof requisite to the achievement of the purposes of this
90-10 amendment. All[, and all] such indebtedness may be evidenced by
90-11 bonds of such conservation and reclamation districts, to be issued
90-12 under such regulations as may [amy] be prescribed by law. The
90-13 Legislature [and] shall also[,] authorize the levy and collection
90-14 within such districts of all such taxes, equitably distributed, as
90-15 may be necessary for the payment of the interest and the creation
90-16 of a sinking fund for the payment of such bonds[;] and [also] for
90-17 the maintenance of such districts and improvements. Such[, and
90-18 such] indebtedness shall be a lien upon the property assessed for
90-19 the payment thereof. The[; provided the] Legislature shall not
90-20 authorize the issuance of any bonds or provide for any indebtedness
90-21 against any reclamation district unless such proposition shall
90-22 first be submitted to the qualified [property tax-paying] voters of
90-23 such district and the proposition adopted.
90-24 SECTION 55. Section 61, Article XVI, Texas Constitution, is
90-25 amended to read as follows:
90-26 Sec. 61. (a) All district officers in the State of Texas
90-27 and all county officers in counties having a population of twenty
91-1 thousand (20,000) or more, according to the then last preceding
91-2 Federal Census, shall be compensated on a salary basis.
91-3 (b) In all counties in this State, the Commissioners Courts
91-4 shall be authorized to determine whether precinct officers shall be
91-5 compensated on a fee basis or on a salary basis, with the exception
91-6 that it shall be mandatory upon the Commissioners Courts, to
91-7 compensate all justices of the peace, constables, deputy constables
91-8 and precinct law enforcement officers on a salary basis.
91-9 (c) In [beginning January 1, 1973; and in] counties having a
91-10 population of less than twenty thousand (20,000), according to the
91-11 then last preceding Federal Census, the Commissioners Courts [shall
91-12 also] have the authority to determine whether county officers shall
91-13 be compensated on a fee basis or on a salary basis, with the
91-14 exception that it shall be mandatory upon the Commissioners Courts
91-15 to compensate all sheriffs, deputy sheriffs, county law enforcement
91-16 officers including sheriffs who also perform the duties of assessor
91-17 and collector of taxes, and their deputies, on a salary basis
91-18 [beginning January 1, 1949].
91-19 (d) All fees earned by district, county and precinct
91-20 officers shall be paid into the county treasury where earned for
91-21 the account of the proper fund, provided that fees incurred by the
91-22 State, county and any municipality, or in case where a pauper's
91-23 oath is filed, shall be paid into the county treasury when
91-24 collected and provided that where any officer is compensated wholly
91-25 on a fee basis such fees may be retained by such officer or paid
91-26 into the treasury of the county as the Commissioners Court may
91-27 direct.
92-1 (e) All Notaries Public, county surveyors and public
92-2 weighers shall continue to be compensated on a fee basis.
92-3 SECTION 56. Section 65, Article XVI, Texas Constitution, is
92-4 amended to read as follows:
92-5 Sec. 65. (a) This section applies to the following offices
92-6 [Staggering Terms of Office--The following officers elected at the
92-7 General Election in November, 1954, and thereafter, shall serve for
92-8 the full terms provided in this Constitution]:
92-9 [(a)] District Clerks; [(b)] County Clerks;
92-10 [(c)] County Judges; [(d)] Judges of the County Courts at Law,
92-11 County Criminal Courts, County Probate Courts and County Domestic
92-12 Relations Courts; [(e)] County Treasurers; [(f)] Criminal
92-13 District Attorneys; [(g)] County Surveyors; [(h)] Inspectors of
92-14 Hides and Animals; [(i)] County Commissioners [for Precincts Two
92-15 and Four]; [(j)] Justices of the Peace;[.]
92-16 [Notwithstanding other provisions of this Constitution, the
92-17 following officers elected at the General Election in November,
92-18 1954, shall serve only for terms of two (2) years: (a)] Sheriffs;
92-19 [(b)] Assessors and Collectors of Taxes; [(c)] District
92-20 Attorneys; [(d)] County Attorneys; [(e)] Public Weighers; and
92-21 [(f) County Commissioners for Precincts One and Three;
92-22 (g)] Constables. [At subsequent elections, such officers shall be
92-23 elected for the full terms provided in this Constitution.]
92-24 [In any district, county or precinct where any of the
92-25 aforementioned offices is of such nature that two (2) or more
92-26 persons hold such office, with the result that candidates file for
92-27 "Place No. 1," "Place No. 2," etc., the officers elected at the
93-1 General Election in November, 1954, shall serve for a term of two
93-2 (2) years if the designation of their office is an uneven number,
93-3 and for a term of four (4) years if the designation of their office
93-4 is an even number. Thereafter, all such officers shall be elected
93-5 for the terms provided in this Constitution.]
93-6 (b) If [Provided, however, if] any of the officers named
93-7 herein shall announce their candidacy, or shall in fact become a
93-8 candidate, in any General, Special or Primary Election, for any
93-9 office of profit or trust under the laws of this State or the
93-10 United States other than the office then held, at any time when the
93-11 unexpired term of the office then held shall exceed one (1) year,
93-12 such announcement or such candidacy shall constitute an automatic
93-13 resignation of the office then held, and the vacancy thereby
93-14 created shall be filled pursuant to law in the same manner as other
93-15 vacancies for such office are filled.
93-16 SECTION 57. Section 1, Article XVII, Texas Constitution, is
93-17 amended to read as follows:
93-18 Sec. 1. (a) The Legislature, at any regular session, or at
93-19 any special session when the matter is included within the purposes
93-20 for which the session is convened, may propose amendments revising
93-21 the Constitution, to be voted upon by the qualified voters
93-22 [electors] for statewide offices and propositions, as defined in
93-23 the Constitution and statutes of this State. The date of the
93-24 elections shall be specified by the Legislature. The proposal for
93-25 submission must be approved by a vote of two-thirds of all the
93-26 members elected to each House, entered by yeas and nays on the
93-27 journals.
94-1 (b) A brief explanatory statement of the nature of a
94-2 proposed amendment, together with the date of the election and the
94-3 wording of the proposition as it is to appear on the ballot, shall
94-4 be published twice in each newspaper in the State which meets
94-5 requirements set by the Legislature for the publication of official
94-6 notices of officers and departments of the state government. The
94-7 explanatory statement shall be prepared by the Secretary of State
94-8 and shall be approved by the Attorney General. The Secretary of
94-9 State shall send a full and complete copy of the proposed amendment
94-10 or amendments to each county clerk who shall post the same in a
94-11 public place in the courthouse at least 30 days prior to the
94-12 election on said amendment. The first notice shall be published
94-13 not more than 60 days nor less than 50 days before the date of the
94-14 election, and the second notice shall be published on the same day
94-15 in the succeeding week. The Legislature shall fix the standards
94-16 for the rate of charge for the publication, which may not be higher
94-17 than the newspaper's published national rate for advertising per
94-18 column inch.
94-19 (c) The election shall be held in accordance with procedures
94-20 prescribed by the Legislature, and the returning officer in each
94-21 county shall make returns to the Secretary of State of the number
94-22 of legal votes cast at the election for and against each amendment.
94-23 If it appears from the returns that a majority of the votes cast
94-24 have been cast in favor of an amendment, it shall become a part of
94-25 this Constitution, and proclamation thereof shall be made by the
94-26 Governor.
94-27 SECTION 58. The following provisions of the Texas
95-1 Constitution are repealed:
95-2 (1) Article III, Sections 26a, 49-d-2, 50b-1, 50b-2,
95-3 50b-3, 50b-4, and 54;
95-4 (2) Article VIII, Sections 1-b-1, 1-c, and 5;
95-5 (3) Article IX, Section 6;
95-6 (4) Article XI, Section 6;
95-7 (5) Article XVI, Sections 18, 47, 53, 66, and 70(r);
95-8 and
95-9 (6) Article XVII, Section 2.
95-10 SECTION 59. The following temporary provision is added to
95-11 the Texas Constitution:
95-12 TEMPORARY TRANSITION PROVISIONS. (a) This section applies
95-13 to amendments proposed by H.J.R. No.___, 76th Legislature, Regular
95-14 Session, 1999.
95-15 (b) The amendments do not impair any obligation created by
95-16 the issuance of bonds or other evidences of indebtedness in
95-17 accordance with prior law, and all bonds or other evidences of
95-18 indebtedness validly issued under provisions amended or repealed
95-19 remain valid, enforceable, and binding according to their terms
95-20 and shall be paid from the sources pledged. Bonds or other
95-21 evidences of indebtedness authorized but unissued on the effective
95-22 date of the amendments may be issued in compliance with and subject
95-23 to the provisions of the prior law. The amendments do not reduce
95-24 or expand the authority to provide for, issue, or sell bonds or
95-25 other evidences of indebtedness previously authorized. The
95-26 legislature by general law may provide for implementation of this
95-27 provision.
96-1 (c) The amendment of Subsection (b), Section 1-b, Article
96-2 VIII, does not affect the increase in the amount of an exemption
96-3 effective January 1, 1979, under that subsection, and that increase
96-4 is preserved and given effect in accordance with the prior law.
96-5 (d) The amendment of Subsection (b), Section 1-j, Article
96-6 VIII, does not affect the taxation of personal property in
96-7 accordance with action taken under that section before April 1,
96-8 1990, and that authority to tax personal property is preserved and
96-9 given effect in accordance with the prior law.
96-10 (e) The amendment of Subsection (c), Section 5, Article IX,
96-11 does not affect the validity of a confirmation election held in
96-12 accordance with that section.
96-13 (f) The repeal of Section 5, Article VIII, does not affect
96-14 the power of a municipality to impose and collect taxes on the
96-15 property of railroad companies in accordance with the general
96-16 authority of municipalities under this constitution to impose and
96-17 collect those taxes.
96-18 (g) The repeal of Section 6, Article IX, does not affect the
96-19 disposition of assets of the Lamar County Hospital District in
96-20 accordance with that section.
96-21 (h) The amendment of Section 44, Article XVI, does not
96-22 affect the power of a county to abolish the office of county
96-23 treasurer or county surveyor in accordance with previously adopted
96-24 amendments of that section, and the power is preserved in
96-25 accordance with the prior law.
96-26 (i) The repeal of Section 66, Article XVI, does not affect
96-27 the pensions payable under that section and those pensions shall be
97-1 paid in accordance with the prior law.
97-2 (j) The reenactment of any provision for purposes of
97-3 amendment does not revive a provision that may have been impliedly
97-4 repealed by the adoption of a later amendment.
97-5 (k) The amendment of any provision does not affect vested
97-6 rights.
97-7 SECTION 60. This proposed constitutional amendment shall be
97-8 submitted to the voters at an election to be held on November 2,
97-9 1999. The ballot shall be printed to permit voting for or against
97-10 the proposition: "The constitutional amendment to eliminate
97-11 duplicative, executed, obsolete, archaic, and ineffective
97-12 provisions of the Texas Constitution."