THE AmomY GENERAL 

OF TEXAS 

AUSTIN as.Tmmas 

February '(, 1957 

Hon. Jack Welch, Chairman Opinion Number WW-19 

Constitutional Amendments 

Committee He: Is Art. 16, Sec. 59, SubHouse of Representatives section A,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 

in HJR 3 and the Enabling 

Act therefor H.B. 161, or 

will it require the adoption 

of an amendment to the Constitution such as HJR 3? Also, 

could the provisions of HJR 3 

be incorporated in or take the 

place of the present Art. 16, 

Lear Mr. Welch: Sec. 59 of the Constitution? 

The questions presented by the Constitutional Amendments Committee and the Sub-Committee, present the following questlons: 

1. 

2. 

Is Article 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 

conservation and development as outlined in H.J.R. 3 and the Enabling Act 

therefor H.B. 161, or will it require 

the adoption of an amendment to the Constitution such as H.J.R. 3? 

Could the provisions of H.J.R. 3 be incorporated in or take the place of the 

present Article 16, Section 59, of the 

Constitution? 

House Joint Resolution 3 and House Bill 161, as introduced at the 

current session of the Legislature, would authorize the State of 

Texas to issue negotiable bonds 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 of Article 

16, Section 59, of the Constitution of Texas, do,not authorize 

the issuance of bonds or other obligations by the State (See 

particularly Subdivision B). ., 

Article 3, Section 50, of the Constitution, reads, In part, as 

follows: 

"The Legislature shall have no power to give 

or to lend or to authorize the giving or lending of the credLt of the State . . .' 

You are respectfully advised 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 Enabling Act as submitted at the present session of the 

Legislature. 

Your second question is answered in the affirmative, since the 

basic provisions of the Constitution may be changed in any manner deemed necessary by 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 changed by an amendment to the Constitution. 

SUMMARY 

The present provisions of 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 outlined by 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 control unless changed by another 

cor.stitutional provision. 

The proposals 0f'H.J.R 3 could be combined 

with the provisions of Article 16, Section 

59, of the Constitution, even though the purposes of the provisions are 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