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Texas Constitution art. 3 §52
In force on Jan 14, 2019 · this text took effect (date not stated) · same as today's text
RESTRICTIONS ON LENDING CREDIT OR MAKING GRANTS BY POLITICAL CORPORATIONS OR POLITICAL SUBDIVISIONS; AUTHORIZED BONDS; INVESTMENT OF FUNDS
(a) Except as otherwise provided by this section, the Legislature shall have no power to authorize any county, city, town or other political corporation or subdivision of the State to lend its credit or to grant public money or thing of value in aid of, or to any individual, association or corporation whatsoever, or to become a stockholder in such corporation, association or company. However, this section does not prohibit the use of public funds or credit for the payment of premiums on nonassessable property and casualty, life, health, or accident insurance policies and annuity contracts issued by a mutual insurance company authorized to do business in this State.
(b) Under Legislative provision, any county, political subdivision of a county, number of adjoining counties, political subdivision of the State, or defined district now or hereafter to be described and defined within the State of Texas, and which may or may not include, towns, villages or municipal corporations, upon a vote of two-thirds majority of the voting qualified voters of such district or territory to be affected thereby, may issue bonds or otherwise lend its credit in any amount not to exceed one-fourth of the assessed valuation of the real property of such district or territory, except that the total bonded indebtedness of any city or town shall never exceed the limits imposed by other provisions of this Constitution, and levy and collect taxes to pay the interest thereon and provide a sinking fund for the redemption thereof, as the Legislature may authorize, and in such manner as it may authorize the same, for the following purposes to wit:
(1) The improvement of rivers, creeks, and streams to prevent overflows, and to permit of navigation thereof, or irrigation thereof, or in aid of such purposes.
(2) The construction and maintenance of pools, lakes, reservoirs, dams, canals and waterways for the purposes of irrigation, drainage or navigation, or in aid thereof.
(3) The construction, maintenance and operation of macadamized, graveled or paved roads and turnpikes, or in aid thereof.
(c) Notwithstanding the provisions of Subsection (b) of this Section, bonds may be issued by any county in an amount not to exceed one-fourth of the assessed valuation of the real property in the county, for the construction, maintenance, and operation of macadamized, graveled, or paved roads and turnpikes, or in aid thereof, upon a vote of a majority of the voting qualified voters of the county, and without the necessity of further or amendatory legislation. The county may levy and collect taxes to pay the interest on the bonds as it becomes due and to provide a sinking fund for redemption of the bonds.
(d) Any defined district created under this section that is authorized to issue bonds or otherwise lend its credit for the purposes stated in Subdivisions (1) and (2) of Subsection (b) of this section may engage in fire-fighting activities and may issue bonds or otherwise lend its credit for fire-fighting purposes as provided by law and this constitution.
(e) A county, city, town, or other political corporation or subdivision of the state may invest its funds as authorized by law.
(Feb. 15, 1876. Amended Nov. 8, 1904; Subsecs. (a) and (b) amended and (c) added Nov. 3, 1970; Subsec. (d) added Nov. 7, 1978; Subsec. (a) amended Nov. 4, 1986; Subsec. (e) added Nov. 7, 1989; Subsecs. (a), (b), and (c) amended Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS for Sec. 52: See Appendix, Note 1.)
History:
Source: the Legislature's file server, seen Feb 16, 2022 to Nov 08, 2026.
Every version on file
- Effective date not stated · seen Feb 2022–Nov 2026
- Effective date not stated · seen Jul 2018–Dec 2019
Attorney General opinions that cite it
- KP-0261 (Jan 14, 2019): Whether durational or amount limitations exist for loans and grants issued for economic development programs pursuant to subsection 381.004(h) of the Local Government Code
- KP-0237 (Jul 27, 2018): Whether a county may provide funding to a school district for grounds maintenance, a iibrary, and law enforcement and funding to a hospital district for purchase of a mental health facility
- KP-0234 (Jun 07, 2018):
- KP-0208 (Jan 24, 2018): Whether the Harris County Department of Education may establish a relief fund to provide grant funding to independent school districts located in Harris County impacted by Hurricane Harvey
- KP-0204 (Dec 13, 2017): Whether an independent school district may contribute funds to a scholarship program for graduates of the district to attend a community college
- KP-0104 (Jan 27, 2016): Whether a county may participate in a nonprofit organization's flag project
- KP-0099 (Dec 31, 2015): Whether a school district board of trustees may enter into a contract for legal services under a flat fee arrangement
- KP-0091 (Nov 25, 2015): Whether article III, section 52 of the Texas Constitution prohibits a county from providing financial assistance to a nonprofit organization
- KP-0063 (Aug 17, 2015): Whether a water supply district may assign to another district certain duties and rights, including approval of the annual budget and contracting for certain services
- KP-0035 (Mar 10, 2015): Disposition of a dissolved municipality's remaining assets
- KP-0031 (Feb 12, 2015): Duty of a county to provide legal representation for a former county employee under subsections 157.901(a) and (b) of the Local Government Code
- KP-0029 (Feb 02, 2015): Authority of a county hospital district to create a charitable organization under section 281.0565 of the Health and Safety Code and related governance questions
- KP-0008 (Sep 09, 2014): Whether the Edwards Aquifer Authority may provide funding to the U.S. Fish & Wildlife Service for the implementation of a refugia program
A research copy. The official text is the Legislature's (statutes), the Secretary of State's (Texas Administrative Code) or eCFR's (federal rules). Not legal advice.