Texas Attorney General Opinion: V-831 Page: 2 of 5
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Hon. Arnold W. Franklin, Page 2 (V-831)
Section 9, Article VIII of the Constitution of Texas
reads in part:
". .. and no county, city or town shall levy
-more than twenty-five cents for city or county
purposes, and not exceeding fifteen cents for
roads and bridges, and not exceeding fifteen
cents to pay jurors, on the one hundred dol-
lars valuation . . . and for the erection of pub-
lic buildings, streets, sewers, water works,
and other permanent improvements, not to ex-
ceed twenty-five cents on the one hundred dol-
lars valuation, in any one year, and except as
is in this Constitution otherwise provided; and
the Legislature mty also authorize an addition-
al annual ad valorem tax to be levied and col-
lected for the further maintenance of the pub-
lic roads; provided, that a majority of the qual-.
fied'jaroperty tax-paying voters of the county
voting at an election to be held for that purpose
shall vote such tax not to exceed fifteen cenents
on the one hundred dollars valuation of the
property subject to taxation in such county. . ."
It is well settled that the Commissioners' Court can-
not levy a tax for one purpose and use it for another purpose.
Carroll v. Williams, 109 Tex. 155, 202 S,W. 504 (1918); Ault v.,
Hill Coenty, 10 Tex. 335, 116 S. W, 359 (1909); Sanders v, Looney,
225 S. W. 280 (Texo Cir." App. 1920),
In Carroll r, Wiliams the court stated
"' . . By necessary implication said provisions of
Section 9 of Article 8 were designed, not merely to
limit the tax rate for certain therein designated pur-
poses, but to require that any and all money raised
by taxation for any such purpose shall be applied,
faithfully, to that particular purpose, as needed
therefor, and not to any other purpose or use what-
soe06er. , ."
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-831, text, May 28, 1949; (https://texashistory.unt.edu/ark:/67531/metapth265650/m1/2/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.