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