### THE AYITOBNEY 

## GENERAL OF TEXAS

June 12,

## 1939

Honorable E. H..Thronton, Jr. Charimsn Appropriations Committee House ofRepresentatives Austin, Texas
Dear Sir: Opinion No. O-941 Re: Authority of Legislature tom*e appropriation to rdbuild a school buiding destroyed by a storm.
We are in receipt of your letter of June.7, 1939, wherein you advise ,thatthe school building belonging to the Clyde Independent School District was destroyed Fna~ storm which visited that cbs@unbt$p:;&mecmonth,g. ago.>'- You request our opinion as towhether or not the egislature has the authority tomake an appropriation out of the general revenue fund of this State to erect a school building in lieu of the one thus destroyed, and to equip the sam&. Article 3, Section 56, of the State Constitution provides that "the Legislature shall not, except as otherwise provided in this Constitution, pass any local or special law, authorizing.

. .thebuilding or repairing of school houses, poses." and the raising~of money for such purArticle 3, Section 51, Constitution of Texas provides that "The Legislature shallhave no power tomake any grant or authorize themaking of any grant of,public money to sng individual, association of individuals, municipal or other corporations whatsoever,,
. .;provided that thehegislature may reduce the tax rate herein levied, and provided further that theprovisions of this section shall not be construed so as toprevent the grant of aid in cases ofpublic calamity."Honorable E. PI.Thornton, Jr., June 12, 

### 1939Page 2 

### o-941

For thepurposes of this opinion itmay be conceded that Section 

### 56of Article 

### 3 of the Constitution would ordinarily prevent the Legislature frommaking sn appropriation for thepurposeof building a school house. Said Section 

### 56expressly provides for exceptions otherwise provided in the Constitution and in our opinion a case of public calamity wit'ninthe terms of Section 51 would constitute such sn exception.

As construed by our courts Section 51 does not prevent the Legislature frommaking agrant ofpublic money to amunicipal corporation where the grant is for thepurpose of discharging a state obligation. city of Arsnsas Pass v. Reeling, 247 9. W. 

### 818;Bexar County v. Linden, 220 9. $'.

### 761;Road District No. 4 Shelby County v. Allred, 

### 68S W. (2)

### 164. That construction has not been made to depend upon the happening of apublic calamity. If apublic calamity should be of suchproportions as to affect the State as awhole, the granting of relief from the same would be a State purpose and we would have no need to callupon the exception contained in said Sec. 51. To give meaning to such exception, therefore, we are ccnstrained tohold that a grant of public money may be made in a case ofpublic calamity although such calamity may not be of such proportions as tohave adirect effect upon the State as awhole.

In our opinion, the Legislature has the authority tomake the appropriation under consideration, if the storm was of such severity as to impair taxable values in the,cornmunityand the ability of the tax-payers topay their taxes, and the %gislature finds that it constitutes apublic calamity.
Yours very truly
ATTORNEY GENERAL OF TEXAS
BY Glenn R. Lewis Assistant GRL-MR/pam APPROVED GERALD C.MANN ATTORNEY GENERAL OF TEXAS APPROVED OPINION COMMITTEE BY BWB, CHAIRMAN