Texas Almanac, 1949-1950 Page: 57

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STATE CONSTITUTION 57

Article III.-(Continued.)
(c) The construction, maintenance and op-
eration of macadamized, graveled or paved
roads and turnpikes or in aid thereof.
[Note.-The foregoing Sec. 52 of Art. II is an
amended section, the amendment authorizing for-
mation of districts for Issuance of bonds for
leveeing, drainage, irrigation, highway construc-
tion and other public improvements. Submitted
by Twenty-Eighth Legislature (1903). adopted in
election, Nov. 8, 1904, and proclaimed Dec. 29.
1904.1
*Sec. 52-d. Harris County Road Districts.-
Upon the vote of a majority of the resident
qualified electors owning rendered taxable
property therein so authorizing, a county or
road district may collect an annual tax for
a period not exceeding five (5) ears to cre-
ate a fund for constructing lasting and per-
manent roads and bridges or both. No con-
tract involving the expenditure of any of suen
fund shall be valid unless, when it is made.
money shall be on hand in such fund.
At such election, the Commissioners' Court
shall submit for adoption a road plan and
designate the amount of special tax to be
levied: the number of years said tax is to
be levied, the location, description and char-
acter of the roads and bridges; and the esti-
mated cost thereof. The funds raised by
such taxes shall not be used for purposes
other than those specified in the plan sun-
mitted to the voters. Elections may be held
from time to time to extend or discontinue
said plan or to increase or diminish said tax.
The Legislature shall enact laws prescribing
the procedure hereunder.
The provisions of this section shall apply
only to Harris County and road districts
therein.
[Note.-The foregoing Sec. 52-d of Art. IlI. an
amendment, was added for the stated purpose of
giving special local tax powers to Harris County.
Adopted in an election Aug. 23, 1937.1
Sec. 53. Extra Comoensation by Municipal
Corporations.-The Legislature shall have no
power to grant or to authorize any county or
municipal authority to grant any extra com-
pensation, fee or allowance to a public officer,
agent, servant or contractor, after service
has been rendered or a contract has been
entered into and performed in whole or in
part; nor pay, nor authorize the payment of
any claim created against any county or mu-
nicipality of the State under any agreement
or contract made without authority of law.
Sec. 54. Liens on Railroads.-The Legisla-
ture shall have no power to release or alien-
ate any lien held by the State upon any rail-
road, or in anywise change the tenor or
meaning or pass any act explanatory there-
of; but the same shall be enforced in accord-
ance with the original terms upon which it
was acquired.
Sec. 55. Power of Legislature to Release
Debt.-The Legislature shall have no power
to release or extinguish, or to authorize the
releasing or extinguishing, in whole or in
part, the indebtedness, liability or obllga-
tion of any corporation or individual, to this
State or to any county or defined subdivision
thereof, or other municipal corporation there.
in, except delinquent taxes which have been
due for a period of at least ten years.
*Note that Secs. 52-a, 52-b and 52c are ormit-
ted. Such sections never existed. Obviously, toe
designation, "Sec 52-d," in Senate Joint Resolu-
tion No. 16 of the Forty-fifth Legislature resulted
from confusion of a new section number with the
sequence of paragraphs "a, b and c" under Sec
52 immediately above. Some published texts of
the State Constitution give this as "Paragraph
d," under Sec. 52, as it might properly have been
designated, but Si R No. 16 definitely gives it as
a separate "Se. 52-d "

[Note -The foregoing Sec. 55 of Art III is an
amendment of an original section, the amend-
ment having been adopted to include the clause
"except delinquent tares which have been due for
a period of at least ten years." Submitted by the
Forty-Second Legislature (1931)l and adopted in
an election Nov. 8, 1932. Proclaimed Jan. 9,
1933.1
Sec. 56. Special Laws, Limitations.-The
Legislature shall not, except as otherwise pro-
vided in this Constitution. pass any local or
special law authorizing-
The creation, extension or impairing of
liens:
Regulating the affairs of counties, cities
towns, wards or school districts;
Changing the names of persons or places:
Changing the venue in civil or criminal
cases;
Authorizing the laying out, opening, alter-
ing or maintaining of roads, highways.
streets or alleys:
Relating to ferries or bridges, or incorpo-
rating ferry or bridge companies, except for
the erection of bridges crossing streams
which form boundaries between this and any
other State;
Vacating roads, town plats, streets or
alleys;
Relating to cemeteries, graveyards or pub-
lic grounds not of the State;
Authorizing the adoption or legitimation of
children;
Locating or changing county seats;
Incorporating cities, towns or villages, or
changing their charter;
For the opening and conducting of elec-
tions or fixing or changing the places of
voting;
Granting divorces;
Creating offices, or prescribing the powers
and duties of officers in counties, cities.
towns, election or school districts;
Changing the law of descent or succession.
Regulating the practice or jurisdiction of.
or changing the rules of evidence in any
judicial proceeding or inquiry before courts.
Justices of the Peace. Sheriffs, commission-
ers, arbitrators or other tribunals, or pro-
viding or changing methods for the collection
of debts or the enforcing of judgments or
prescribing the effect of judicial sales of real
estate;
Regulating the fees, or extending the pow-
ers and duties of Aldermen. Justices of the
Peace. magistrates or Constables;
Regulating the management of public
schools, the building or repairing of school-
houses, and the raising of money for such
purposes;
Fixing the rate of interest;
Affecting the estates of minors or persons
under disability;
Remitting fines, penalties and forfeitures
and refunding moneys legally paid into the
Treasury;
Exempting property from taxation:
Regulating labor, trade, mining and manu-
facturing;
Declaring any named person of age:
Extending the time for the assessment or
collection of taxes, or otherwise relieving any
assessor or collector of taxes from the due
performance of his official duties or his
securities from liability;
Giving effect to Infor.al or invalid wills
or deeds;
Summoning or impaneling grand or petit
juries,
For limitation of civil or criminal actions.
For incorporating railroads or other works
of internal 'mprovements.
And in all other cases where a general law
can be made applicable no local or special
law shall be enacted, provided, that nothing
herein contained shall be construed .o pro-

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Texas Almanac, 1949-1950, book, 1949; Dallas, Texas. (https://texashistory.unt.edu/ark:/67531/metapth117167/m1/59/ocr/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.

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