January 28, 1955
Hon. Robert S. Calvert
Comptroller of Public Accounts
Capitol Station
Austin, Texas
Opinion No. S-150
Re: Whether S. J. R. Noi 14 as it pertains
to the Texas Turnpike Authority pro-
hibits the State Highway Commission
from spending further funds as author-
ized under Sec. 20 of House Bill No. 4
of the 53rd Legislature.
Dear Mr. Calvert:
YOU request our opinion with reference to the above cap-
tioned matter. Your question reads as follows:
“The question has now arisen as to whether
S.J.R. No. 14 as voted on by the people in the Gener-
al Election on November 2 prohibits the State High-
way Commission’s spending further moneys as
authorized under Section 20 of House Bill No. 4. I
shall thank you to advise this department in the pre-
mises.”
Senate Joint Resolution No. 14 which proposed an amend-
ment to Article III of the Constitution of Texas was submitted to the
voters of this State on November 2, 1954, and carried by a majority vote.
This constitutional amendment became effective on November 19, 1954.
A constitutional amendment speaks from its effective
date. Therefore, until the effective date of the amendment in question,
the Legislature had the power and authority to lend the credit of the
State to a public agency, to grant public money to a public agency and to
assume the indebtedness of a public agency in furtherance of a State
governmental function. Of course, the construction of public highways
is a public duty and a State governmental function.
..
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Hon. Robert S. Calvert, page 2 (S-150)
The constitutional amendment, as submitted by the
Legislature, reads as follows:
“Section 52-b. The Lerzislature shall have no
power or authority to in any m&ner lend the credit of
the State or grant any public money to, or assume any
indebtedness, present or future, bonded or otherwise,
of any individual, person, firm, partnership, associa-
tion, corporation, public corporation, public agency, or
political subdivision of the State, or anyone else, which
is now or hereafter authorized to construct, maintain
or operate toll roads and turnpikes within this State.”
House Bill No. 4, Chapter 410, Acts of the 53rd Legisla-
ture, Regular Session, 1953, created the Texas Turnpike Authority and
constituted it a public agency and prescribed its powers and duties.
This act became effective on May 27, 1953. Section 20 provides as fol-
lows:
“The State Highway Commission is hereby
authorized in its discretion, if and to the extent re-
quested by the Authority, to expend out of any funds
available for the purpose, such moneys as may be
necessary for the study of a Project and to use its
engineering and other forces, including consulting
engineers and traffic engineers, for the purpose of
effecting such study and to pay for such additional
engineering and traffic and other expert studies as
it may deem expedient and all such expenses incurred
by the State Highway Commission prior to the issuance
of turnpike revenue bonds under the provisions of this
Act, shall be paid by the State Highway Commission
and charged to such Project, and the State Highway
Commission shall keep proper records and accounts
showing each amount so charged. Upon the sale of
turnpike revenue bonds for any such project, the
funds so expended by the State Highway Commission
in connection with such Pro+ct shall be reimbursed
to the State Highway Commission from the proceeds
of such bonds.”
Funds were appropriated by the 53rd Legislature in the
departmental appropriation bill to the Texas Highway Commission which
are available to pay for the preliminary expenses enumerated in said
Section 20.
_.
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Hon. Robert S. Calvert, page 3 (S-150)
It is clear to us that the public money in question, which
was made available by the 53rd Legislature to pay for the preliminary
expenses enumerated in said Section 20, was granted by the Legislature
before the effective date of the constitutional amendment. It is likewise
clear that House Bill No. 4 in effect lent the credit of the State and as-
sumed certain indebtedness prior to the constitutional inhibition.
You are, therefore, advised that the constitutional amend-
ment in question does not prohibit the State Highway Commission from
expending out of the available funds appropriated by the 53rd Legislature
such moneys as may be necessary to pay for the preliminary expenses
as authorized in Section 20 of House Bill No. 4.
SUMMARY
The constitutional amendment submitted to the
voters by Senate Joint Resolution No. 14 will not prohi-
bit the State Highway Commission from expending out
of available funds appropriated by the 53rd Legislature
such moneys as may be necessary to pay for the prelim-
inary expenses as provided for in Section 20 of House
Bill No. 4, Chapter 410, Acts of the 53rd Legislature,
Regular Session, 1953.
Yours very truly,
JOHN BEN SHEPPERD
WVG:rn Attorney General
APPROVED:
J. A. Amis, Jr. Assistant
Reviewer
Robert S. Trotti
First Assistant
John Ben Shepperd
Attorney General