R-404

April 30, 1947

Hon. Claud Gllmer, Chairman Appropriation Connnittce Rouse of Representat lves 50th Legislature AustIn, Texas Opinion NO.v-172 Re: Constltutlonalitg of H,B. Dear Sir: No. 779, 50th bgislature.

Werefer to your letter of April 23, 1947, wherein you advise that the HouseAppropriations Committee has under consideration the matter of making an appropriation of $30,000 for the relief of the Centerville Common

School District No. 42, in Trinity County, Texas. Theproposed House Bill No. 779, as amended, recites that the school buildin trlct and its facilities have been f of that dlstotal Jdestroyed by fire, the insurance recovered from the destruction being wholly Inadequate for the replacing of sams, the property values of the district renders it impossible for the tax payers to increase the bonded Indebtedness in anamountsufficient to replaee said school, and that the cumwhich can be raised by the district together vith the insurance monies recoverad by the district are wholly insufficient for the replacing of said school district. Said bill also contains the following public calamity clause :

“Sect ion 1. Thedestructive and dlsastrous fire that occurred on or about March 17, 1947, aadwhich resulted in the comp,lete destruetlon of the sohool building of C&@tervllle CoranonSchoal District Iie, 42, Rural Route 1, Qroveton, Trinity County, Texas, Is hereby found aad declared to be a great public calamity in such school district, as to require andauthorlee the axpeaditurs of public funds for the purpose of aiding hnd assisting the population of said school district in the replaoiag of said schoal house; andthere la hereby appropriated out of the Qeneral Revenue Fundof the State, not otherwise appropriatedHon. Claud Gllmer, Page 2, V-172

the sumof Thirty Thousand ($30,000.00) Dollars, or 80muchthereof aa maybe necessary, for the purpose of assisting said Centerville Common School District No. 42 at Groveton, Trinity County, Texas, in cond.;u;;~gna school building andequipping

. You

### ask to be advlssd concerning the coastltutlonallty of the proposed bill.

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### as otherwlss provided IAthis ConstitutiaA, pass any local or speolA1 law, authoricing the building or repnlriag of schcol ~o~A&J,aTdthe raising of money

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### B. 779 andthin oplnlen.Hon. Claud Gllmer, Page 3, V-172

Under the provisions of the proposed House Bill No. 779, as amended, there Is anexpressed legislation declaration andfinding that the disastrous fire which resulted in the complete destruction of the sohool building of Centerville Common School District No. 42 is a great public calamity In such school dlstrlct, andthat the property values in said district render It impossible for the tax payers thereof to lncrease the bonded indebtedness in an amount sufficient to replace such school.

In Martin vs. Hldalgo County, 271S. W. 436, writ dismissed, wherein was considered a public calamity enactment coming within the provisions of Article VIII; Section 10, of the Constitution, it washeld that the Legislature alone has the authorIt to de~cidethe public calamity matter, and, having decided that the emsrgencg existed, no Court oould assail such determination; that the Constitution permits the Legislature to grant aid in cases of public calamity to subdivisions of the State government, and that to the legislature Alone is confided the power of deciding If such public calamity exists s It wasnever intended that the propriety of such legislation should be the subject of lnvestigatlon andattack by an individual. Onthe other hand, it has been held that a Court maygo behind a legislative iinding or declaration of public calamity In those cases where as amatter of law the facts found or considered by the legislature donot oonstltute a
“public calamity”

. Jones vs. Willlams, 45 9. W. (26) 130. Under a former administration, this Department held In Opinion No. O-941, June 12, 1939, that a similar Bill to replace a school house destroyed by storm was authorized under the public calamity clause of 940. 51 of Artlcle III of the Constltution as anexception to the provisions of ~ecs 56 of Article III.

OurOpinion No. V-111 holds that only in cas4s of public calamity can the Legislature makeanappropriation, andeven then there is still the question of whether its enactment by special law violates Sec. 56 of Article III of the Coastltut ion. Frankly, this offloe is, sharply divided on twoquestions relating to the oonstltutionallty of Ii, B, 779, and they are aa follows :Hon. Claud Gilmer, Page 4, V-172

1. Whether, as a matter of law, the burning of a single school house can constltute a public calamity within the manlng of Sec. 51, Art. III? 2. Even if such facts could constitute a public calamity, do they constitute an exception to Sec. 56, Art. III, forbidding special Acts for rebuilding and financing school houses? The courts have not passed onthese exact questions, and In view of the division of opinion within our ownoffice onthe subject, weelect to follow the former opinion of this Department (O-941) andthe Leglslatlve Interpretat ion placed on these provisions of the Constitution in at least thirteen Instances. See: Acts 1929, 41st leg., 2ndC S., 9. B. 195 Acts 1929, k&t,Ls,p., 3rd C. S., B. B, 6; Acts 1931, 42nd w.9 9. B. 8; Acts 1931, 42ndIag 3rd

9. B: li: 9. B. 12andH, B. 62; Acts 

## i$35,

B. 510, H. B. 763, 5, B..309, Lag., R. S., B. B. andH. B. 576; Acts 1941, 47th

In those Instances, the 41st, 42nd, 44th and 47th Ieglslature passed similar Bills for the rebuilding of school houses destroyed by fire, storm, hurrlcane, earthquake, etc. Departmental and Leglslat lve Interpretations of constitutional provisions are always given due consideration by the courts, and doubts are resolved in favor of the constitutlonalitg of an Act of the Legislature.

Based upon such previous constructions, we find that H. B. 779, if enacted as amended, would not violate the provisions of the Constitution of Texas.

.

Based uponformer Departmental andLegislative interpretations, H. B. No. 779, 50th kg., a special lawproviding anappropriation for the erection of a school house for the Centerville Common School District No. 42, Trinity County, if enacted aswritten, with bgislat ive flndlng of “public calamity”.

Hon. Claud Gilmer, Page 5, V-172

(fire) causing destruction, would not be unconstlt utIonal. Sec. 51, Art. III, Texas Constitution; Opinion Ho. O-941, June 12, 1939, distinguished from Opinion No. v-111. Very truly yours,
ATTORNEYGENERALOFTEXAS 

## Bye--PChester E. Ollison

Assistad

CEO:djm:mrj Enclosures ATTOREi'EY GENFUL