R-190 

E A-l-r0 NEY GENERAL 

CM-TEXAS 

PRICE DANIEL 

ATTORNEY GENERAL 

AURTIN II.TEXAS 

April 1, 1947 

Hon. Claud Gilmer, Chairman 

Appropriations Committee 

House of Representatives 

50th Legislature 

Austin, Texas Opinion No. V-111 

Re: Constitutionality ,of 

House Bill No. 60, 

Fiftieth Legislature. 

Deer Sir; 

We refer to your letter of recent date, eoknowledged by the Attorney General ‘on February 28, 1947, wherein you advise that the House Appropriations Committee has 

under consideration the matter of making an appropriation 

of $12,000 for the relief of the’ Ed’om Independent Sohool 

District ‘in Van Zendt County, ;,.The, proposed qouse Bill 

‘No. 60 recite8 ,$hat the .achool building of that distriot 

and, hits facilities,, for the second tiaie in ,‘rsoent years, 

has been tatell+y destroyed by fire, the insuranoe reoovered from the destruction being wholly inadequate for 

the purpose of replacing, same, and that there are no other means of ,replacing such facilities. 

tionality 

provides, 

You ask to be advised concerning the constituof the proposed bill, : 

Artidle III) Section 56,, Constitution of Texas, 

in part, as follows ,: 

“The Legislature shell not, except as 

otherwise provided in this Constitution, pass 

any local, or speoial law, authorizing. . .the 

building or repairing of school houses, and 

the raising ,,of money for suoh purposes.w 

Article ‘III) Section 51 s Constitution of Texas, 

provid es , in part : 

., 

*The Lbgi’s,lature shall have no power to 

make any grant or authorize ‘the making of any 

grant of publi0 money tb any individual, associat ion of individuals) municipal or other corporations whatsoever; D D e end provided, however, 
. . 

ATTORNEY GENERAL OF TEXAS 

CEO:djm:jrb 

(. - 

Chester E. Ollison 

Assistant 

Hon. Cleud Gilmer, Page 2, V-111 ," ":~ ,Y"'~ ';!( ,. I~ ,~Y~'.. 

'.. )/'. ;'L.-- ?.,i 

* .,,': 

thatths ~~~p~vJs&~‘tif this seotf,on shall’ ,not be’-.‘.‘, : - ; “T 

oo~$t’,ruU,Fso ae’:tq &irevent tho grant of afd fh, ~, 

e+sea. .ef publ%6. saletity .* .-,., 

,.! 

We think that Artiole III, Seation 56, Article 

,plf, Section 3, of the,Constltation, end the enabling 

legislation ppri.ded in .Artiole 27848;. 2786 and, 2788, 

V,R.O.Si, oentemplate that the sohool districts ‘of Texas, 

when rlnanalslIf, .oapable of doing so, ehould oreot, and 

boar the exponae.of the erection of their oIln sahool 

bnlldipbs and .faoilities, and that the Legislature, l xetipti in easos’,of publio calamity ooming within the oxoeption of Art1010 III, Seotion 51, of the Constitution, .ls 

without authority to make an appropriation for the oonstruotion or oommon or independent dlstriot school bulldinga or raolllties. 

Aooordinglg, it is our opinion that House Ml1 

No. 60.1s unoonstitutlonal, it bslng a looal or speoial 

law expressly prohibited by Artlale 11X, Seotion 56 of, 

the Constitution hereinabove quoted, end the bill not 

ooming within that provision of Artiole III, Seetion 51 

of the %onstftution allowing a grant or aid in casee or 

public ealamlty, 

Bause Bill NO~ 60, Fiftieth Legfslature, a 

local or speaial law providing an appropriation 

for the ereotfon of a sohoolhouse by the Edom 

Independent Sohool Distrfat is unconstitutional, 

the enaotment being prohibited by Artfole III, 

Section 56, Constitution of Texas, end the same 

not ooming within thet provision of Artiole III, 

Section 51, of the Constitution allowing a grant 

of aid in cases of public calamity0 

Yours very truly 

This opinion considered Andy 

approved in limited confersnce.