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; Werefer 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 VanZendt 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 51s 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, association of individuals) municipal or other corporations whatsoever; D De end provided, however,..

ATTORNEY GENERAL

OFTEXAS

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, whenrlnanalslIf, .oapable of doing so, ehould oreot, and boar the exponae.of the erection of their oIln sahool bnlldipbs and.faoilities, and that the Legislature, lxetipti 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 oommonor 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.