Texas Attorney General Opinion: V-809 Page: 2 of 3
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Hon. Pearce Johnson, page 2
tained, and such other limitations, re-
strictions and regulations as may by the
Legislature be deemed expedient for assist-
anoe to, and for the payment of assistance
to:
"(1) Needy aged persons who are actual
boaa fide citizens of Texas and who are over
the age of sijty-five (65) years....
"(2) Needy bnd persons who are actual
bona fide citizens of Texas and are over the
age of twenty-one (21) years....
"(3) Needy children who are actual bona
fide citizens of Texas and are under the age
of sixteen (16) years...."
Section 5la, therefore, provides for assist-
ance to three and ohly three types of persons: (1)
Needy persons over sitty-five (65) (2) Needy blind
persons over twenty-one (21); and 3) Needy children
under sixteen (16). The persons about whom you wrote
are doubtless in need of assistance. But they do not
fall within any of the above three exceptions to the
constitutional provision Whith prohibit the granting
of public money to individuals.
The general rule expressed by Section 51 of
Article III is that the Legislature shall have no power
to make any grant of: public money to any individual.
The only relevant exceptions are contained in Section 51a
above. The Leislature is therefore bound by the con-
stitutional provisions of section 51 and may not make
any grant of public moneys to the persons listed in
House Bill 57, since saoh persons are not within the ex-
ceptiona listed in Seotion 5la.
Since Section' 51a of Article III of
the Texas Constitution provides for public
assistance only to (18 needy persons over
sixty-five (65), (2) needy blind persons
over twenty-one (21), and (3) needy child-
ren under sixteeta (16), the Legislature may
not oonatitiutioally make a grapt of public
soney te victims of spastic or epileptic
fits who are between twenty-one (21) and/
(v-80o9)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-809, text, April 12, 1949; (https://texashistory.unt.edu/ark:/67531/metapth265628/m1/2/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.