### THE AmomY GENERAL OF TEXAS
AUSTIN as.Tmmas
February '(,1957

Hon. Jack Welch, Chairman Opinion NumberWW-19 ConstitutionalAmendments Committee He: IsArt. 

### 16, Sec. 59, SubHouse of Representatives sectionA,B,C, of the Texas Austin, Texas Constitution,broad enough to cover or permit the issuance of bonds for the purpose of water conservation and development as outlined inHJR 3 and the Enabling Act thereforH.B. 

### 161, or will it require the adoption of an amendment to the Constitution such as HJR 

### 3? Also, could the provisionsof HJR 

### 3 be incorporated in or take the place of the presentArt. 

### 16, Lear Mr. Welch: Sec. 59 of the Constitution? The questions presentedby the ConstitutionalAmendments Committee and the Sub-Committee,present the following questlons:

1.

2. IsArticle 

### 16, Section 59, Subsection A, B, C, of the Texas Constitution broad enough to cover or permit the :issuance of bonds for the purpose of water conservationand developmentas outlined inH.J.R. 

### 3 and the EnablingAct thereforH.B. 

### 161, or will it require the adoption of an amendment to the Constitution such as H.J.R. 

### 3? Could the provisionsof H.J.R. 

### 3be incorporated in or take the place of the presentArticle 

### 16, Section 59, of the Constitution? House Joint Resolution 

### 3 and House Bill 

### 161, as introducedat the current session of the Legislature,would authorize the State of Texas to issuenegotiablebonds for the purpose of assisting. .

Honorable Jack Welch, Page 2 (WW-19)

designated agencies in the developmer,t of water facilities within the State of Texas. The present provisions ofArticle 16, Section 59, of the Constitution of Texas, do,not authorize the issuance of bonds or other obligationsby the State (See particularlySubdivisionB). ., Article 3, Section 50, of the Constitution,reads, In part, as follows: "TheLegislature shall have no power to give

or to lend or to authorize the giving or lending of the credLt of the State . . .' You are respectfullyadvised that the present provisions of Article 16, Section 59, of the Constitution of Texas, are not broad enough to accomplish the purposes stated in H. 3.R. 3 and the EnablingAct as submittedat the present session of the Legislature. Your second question is answered in the affirmative, since the basic provisions of the Constitutionmay be changed in any manner deemed necessaryby the people of the State of Texas. The purpose of H.J.R. 3 is completely different from the purpose of the present Constitution,Article 16, Section 59, but thls purpose may be changedby an amendment to the Constitution.

SUMMARY The present provisionsof Article 16, Section 59, of the Constitution of Texas, are not broad enough to permit the issuance of bonds by the State of Texas for the purposes outlinedby H.J.R. 3 and H.B. 161, as introduced at the present legislative session. Article 3, Section 50, of the Constitution,prohlbits lending the credit of the State and this provision will controlunless changedby another cor.stitutional

provision. The proposals 0f'H.J.R 3 couldbe combined with the provisions ofArticle 16, Section 59, of the Constitution, even though the purposes of the provisionsare different.Honorable Jack Welch, pcige 

### 3 (W-19)

Very truly yours,

WILL WILSON Attorney General

PY Elbert M. Morrow Assistant EMM-S APPROVED: OPINION COMMITTEE H. Grady Chandler, Chairman