Texas Attorney General Opinion: WW-1248 Page: 2 of 4
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Honorable Bill Hollowell, page 2 (WW-1248)
drought, fire, hurricane, earthquake, storm or other
catastrophe in any part of Texas is of sufficient severity
and magnitude to constitute a public calamity and to pro-
vide state assistance to areas which are determined to be
public calamity areas.
Section 6 creates a special fund to be known as the
Texas Disaster Fund and allocates a portion of tax moneys
to be credited to such fund and makes provisions for its
use and investment.
Section 8 is the severability clause and Section
9 again states the purpose of the Act as follows:
"Sec. 9. The fact that during the last
decade One Hundred Twenty Nine Million, Seven
Hundred Thousand Dollars ($129,700,000) of
'free' 100% Federal Aid has been expended to
aid victims of public calamities in Texas with-
out financial contribution by the State of Texas,
whereas seventy-five (75) years ago the State
of Texas without Federal aid fulfilled the
responsibility in cases of public calamity
laid down in Article III, Section 51 of the
Constitution of the State of Texas; and the
fact that State's Rights means State's respon-
sibilities rather than blind obeisance to the
Federal dole, creates an imperative public
necessity that the Constitutional Rule requir-
ing bills to be read on three several days in
each house be suspended, and this Rule is here-
by suspended, and that this Act take effect and
be in force from and after its passage, and it
is so enacted."
Section 51 of Article III of the Constitution of
Texas prohibits the granting of any public moneys to any
individual, association or corporation except in those
cases of public calamity and specifically states:
"The provision of this Section shall not
be construed so as to prevent the granting of
aid in cases of public calamities.
The test of "cases of public calamity" has been settled
in City of Aransas Pass v. Keeling, 112 Tex. 339, 247 S.W.
818 (1923) wherein the Supreme Court stated:
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Texas. Attorney-General's Office. Texas Attorney General Opinion: WW-1248, text, January 24, 1962; (https://texashistory.unt.edu/ark:/67531/metapth267861/m1/2/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.