January 28, 1955 

Hon. Robert S. Calvert 

Comptroller of Public Accounts 

Capitol Station 

Austin, Texas 

Opinion No. S-150 

Re: Whether S. J. R. Noi 14 as it pertains 

to the Texas Turnpike Authority prohibits the State Highway Commission 

from spending further funds as authorized under Sec. 20 of House Bill No. 4 

of the 53rd Legislature. 

Dear Mr. Calvert: 

YOU request our opinion with reference to the above captioned matter. Your question reads as follows: 

“The question has now arisen as to whether 

S.J.R. No. 14 as voted on by the people in the General Election on November 2 prohibits the State Highway Commission’s spending further moneys as 

authorized under Section 20 of House Bill No. 4. I 

shall thank you to advise this department in the premises.” 

Senate Joint Resolution No. 14 which proposed an amendment to Article III of the Constitution of Texas was submitted to the 

voters of this State on November 2, 1954, and carried by a majority vote. 

This constitutional amendment became effective on November 19, 1954. 

A constitutional amendment speaks from its effective 

date. Therefore, until the effective date of the amendment in question, 

the Legislature had the power and authority to lend the credit of the 

State to a public agency, to grant public money to a public agency and to 

assume the indebtedness of a public agency in furtherance of a State 

governmental function. Of course, the construction of public highways 

is a public duty and a State governmental function. 
. . 

., -. 

Hon. Robert S. Calvert, page 2 (S-150) 

The constitutional amendment, as submitted by 

Legislature, reads as follows: 

“Section 52-b. The Lerzislature shall have no 

power or authority to in any m&ner lend the credit of 

the State or grant any public money to, or assume any 

indebtedness, present or future, bonded or otherwise, 

of any individual, person, firm, partnership, association, corporation, public corporation, public agency, or 

political subdivision of the State, or anyone else, which 

is now or hereafter authorized to construct, maintain 

or operate toll roads and turnpikes within this State.” 

the 

House Bill No. 4, Chapter 410, Acts of the 53rd Legislature, Regular Session, 1953, created the Texas Turnpike Authority and 

constituted it a public agency and prescribed its powers and duties. 

This act became effective on May 27, 1953. Section 20 provides as follows: 

“The State Highway Commission is hereby 

authorized in its discretion, if and to the extent requested by the Authority, to expend out of any funds 

available for the purpose, such moneys as may be 

necessary for the study of a Project and to use its 

engineering and other forces, including consulting 

engineers and traffic engineers, for the purpose of 

effecting such study and to pay for such additional 

engineering and traffic and other expert studies as 

it may deem expedient and all such expenses incurred 

by the State Highway Commission prior to the issuance 

of turnpike revenue bonds under the provisions of this 

Act, shall be paid by the State Highway Commission 

and charged to such Project, and the State Highway 

Commission shall keep proper records and accounts 

showing each amount so charged. Upon the sale of 

turnpike revenue bonds for any such project, the 

funds so expended by the State Highway Commission 

in connection with such Pro+ct shall be reimbursed 

to the State Highway Commission from the proceeds 

of such bonds.” 

Funds were appropriated by the 53rd Legislature in the 

departmental appropriation bill to the Texas Highway Commission which 

are available to pay for the preliminary expenses enumerated in said 

Section 20. 
_. 

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Hon. Robert S. Calvert, page 3 (S-150) 

It is clear to us that the public money in question, which 

was made available by the 53rd Legislature to pay for the preliminary 

expenses enumerated in said Section 20, was granted by the Legislature 

before the effective date of the constitutional amendment. It is likewise 

clear that House Bill No. 4 in effect lent the credit of the State and assumed certain indebtedness prior to the constitutional inhibition. 

You are, therefore, advised that the constitutional amendment in question does not prohibit the State Highway Commission from 

expending out of the available funds appropriated by the 53rd Legislature 

such moneys as may be necessary to pay for the preliminary expenses 

as authorized in Section 20 of House Bill No. 4. 

SUMMARY 

The constitutional amendment submitted to the 

voters by Senate Joint Resolution No. 14 will not prohibit the State Highway Commission from expending out 

of available funds appropriated by the 53rd Legislature 

such moneys as may be necessary to pay for the preliminary expenses as provided for in Section 20 of House 

Bill No. 4, Chapter 410, Acts of the 53rd Legislature, 

Regular Session, 1953. 

Yours very truly, 

WVG:rn 

APPROVED: 

J. A. Amis, Jr. 

Reviewer 

Robert S. Trotti 

First Assistant 

John Ben Shepperd 

Attorney General 

JOHN BEN SHEPPERD 

Attorney General 

Assistant