E NEY GENERAL 

AS 

BVILL WILSON 

ATTONNEY GENERAL 

Ausniu aa. TEXAS 

January 24, 1962 

Honorable Bill Hollowell, Chairman 

Committee on State Affairs 

House of Representatives 

Austin, Texas Opinion No. WW-1248 

Re: Constitutionality of 

House Bill 95 creating 

the State Disaster 

Dear Mr. Hollowell: Council. 

Your request for an opinion read.3 as follows: 

"House Bill 95 by Mace Stewart, et al, 

has been referred to the State Affairs 

Committee, House of Representatives. The 

hearing on this bill will be set shortly. 

Your official opinion is requested as to 

the constitutionality of House Bill 95. 

"The primary question is whether or not 

Article 3, Sec. 51 of the Texas Constitution 

provides sufficient authority for the State 

to assume Its responsibility in cases of a 

public calamity instead of relying entirely 

on Federal Aid." 

Section 1 of House Bill 95 states the purpose of 

the Act as follows: 

"Section 1. The State of Texas by this 

Act, which may be cited as the 'State Responsibility for Disaster Act,' declares itself fully 

capable of resuming the State responsibility to 

its citizens in cases of public calamity as enacted seventy-five (75) years ago in accordance 

to the duty prescribed by the Constitution of 

the State of Texas." 

Section 2 creates the State Disaster Council to 

consist of the Governor, Lieutenant Governor and the 

Attorney General and prescribes the duties of this Council 

which in substance is to determine whether any flood, 
Honorable Bill Hollowell, page 2 (~~-1248) 

drought, fire, hurricane, earthquake, storm or other 

catastrophe in any part of Texas is of sufficient severity 

and magnitude to constitute a public calamity and to provide state assistance to areas which are determined to be 

public calamity areas. 

Section 6 creates a special fund to be knownas :the 

Texas Disaster Fund and allocates a portion of tax moneys 

to be credited to such fund and makes nrovlslons for its 

use and investment. 

9 again 

Section 8 is the severability clause and Section 

states the purpose of the Act as follows: 

Section 51 of Article III of the Constitution of . . - _ 

Texas prohlblts tne granting OS any public moneys to any 

individual, association or corporation except in those 

cases of public calamity and specifically states: 

"Sec. 9. The fact that during the last 

decade One Hundred Twenty Nine Million, Seven 

Hundred Thousand Dollars ($129,700,000) of 

'free' 100% Federal Aid has been expended to 

aid victims of public calamities in Texas without financial contribution by the State of Texas, 

whereas seventy-five (75) years ago the State 

of Texas without Federal aid fulfilled the 

responsibility in cases of public calamity 

laid down in Article III, Section 51 of the 

Constitution of the State of Texas; and the 

fact that State's Rights means State's responsibilities rather than blind obeisance to the 

Federal dole, creates an imperative public 

necessity that the Constitutional Rule requiring bills to be read on three several days in 

each house be suspended, and this Rule is hereby suspended, and that this Act take effect and 

be in force from and after its passage, and it 

is 30 enacted." 

"The provision of this Section shall not 

be construed so as to prevent the granting of 

aid In cases of public calamities. 

The test of "cases of public calamity" has been settled 

in City of Aransas Pass v. Keeling, 112 Tex. 339, 247 S.W. 

818 (1923) wherein the Supreme Court stated: 
Honorable Bill Hollowell, page 3 (ww-1248 ) 

"The people of the state at large have 

a direct and vital interest In protecting the 

coast cities from the perils of violent storms. 

The destruction of ports, through which moves 

the commerce of the state, is a state-wide 

calamity. Hence sea walls and breakwaters on 

the Gulf coast, though of special benefit to 

particular communities must be regarded as 

promoting the general welfare and prosperity 

of the state. It is because of the special 

benefits to particular cities and counties 

that special burdens on property within their 

boundaries, through taxation are justified. 

Dut the state, in promoting the welfare, advancement, Andy prosperity'of all her citizens, 

or in aiding to avert injury to her entire 

citizenship, cannot be regarded otherwise than 

as performing a proper function of state government. Cities or counties furnish convenient 

and appropriate agencies through which the 

state may perform duties resting on the state, 

in the performance of which the cities or 

counties have a special interest. The use 

of the cities or counties as agents of the 

state in the discharge of the state's duty is 

!.n no wise inhibited by the Constitution in 

s,ection 51 of article 3.” 

Applying the foregoing test to House Bill 95, it is 

noted that aid is to be granted to public calamity areas 

when such calamity is caused by "any flood, drought, fire, 

hurricane, earthquake, storm or other catastrophe of sufficient severity and magnitude to constitute a public calamity," 

within the meaning of Section 51, Article III of the Constitution of Texas. 

You are therefore advised that the provisions of 

House Bill 95 as furnished with your request are constitutional. 

SUMMARY 

House Bill 95 of the Third Called Session 

of the 58th Legislature providing for the 

creation of a State Disaster Fund to be 
Honorable Bill Hollowell, page 4 (WW-1248) 

expended for the purpose of granting 

aid to public calamity areas as defined 

in Section 51 of Article III of the Constitution of Texas is constitutional. 

Very truly yours, 

WILL WILSON 

Attorney General of Texas 

JR:mkh:zt Assistant 

APPROVED: 

OPINION COMMITTEE 

Howard W. Mays, Chairman 

Malcolm L. Quick 

Dwain Erwin 

Marvin Thomas 

Elmer McVey 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Houghton Brownlee, Jr.