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TBIEATTORNEY GENERAL
OF TEXAS
April 12, 1949
Hon. Pearce Johnson, Chairman
Committee on State Affairs
House of Representatives
5lst Legislature
Austin, Texas Opinion No. V-809,
Re: Constitutionality
of House Bill 57,
Dear Sir: 5lst Legislature.
We refer to your request for an opinion
concerning the constitutionality of House Bill
No. 57 now pending before the committee on State
Affairs of the House of Representatives which reads:
“SECTION 1. The Chapter 562 of the
Acts of the 47th Legislature 1941, Page 914
be and the same is hereby amended by adding
thereto the following section.
v ‘Sub-Section 16 (a), All persons be-
tween the ages of twenty-one (21) to sixty-
five years who are not blind and who are
the victim of Spastic or epileptic attacks
shall be entitled to all of the benefits of
this Act as herein provid.ed.‘”
Seotion 51 of Article III of the Constitu-
tion of Texas reads In part:
“The Legislature shall have no power
to make any grant or authorize the making
of any grant of public moneys to any Indi-
vidual) association of Individuals, munici-
pal or other corporations whatsoever;.,,”
The only pertinent exceptions to the prohibi-
tions oontained In Section 51 of Article III are con-
tained in Section 51a of the article; they read:
*The Legislature shall have the power,
by general laws to provide, subject to
limitations and restrictions herein con-
Hon. Pearae Johnson,, page 2 (V-809)
tained, and such other limitations, re-
rtrlctlons and regulations a8 may by the
Legislature br deem& expodieat for assist-
anoe to, end for the payiaent of aseistance
to:
“(1) Noodp aged persons who dare actual
bona fide oitizons of Texas and who are a
the a#e of ,sIxtr-rive (65) Years.. . .
“(2) Needy b nd peraons who are actual
bona fide oitlzoas -4 o Texas and are over the
age ef twenty-on0 (21) years....
“(3) Needy children who are actual bona
fIde~cItIzenh of Texas and are under the age
or sixteen (16) Y0 s,r’cI.... ”
Se0 tim 51a, therefore, provides for asslst-
anoe to three and odlp three types of persons: (1)
Needy persons door sixty-five (65). (2) Needy blind
persons over twontg~oao (21); u&d (3) Needy children
undar eixtem (16). The perron* about whoa you wrote
are doubtless Sa need Of rr8Ist&nee. But they do not
fall within any of the above three exception8 to the
constitutional provision *IhiBh prohibit the granting
of public mooliey to individuals.
The k&oral rulr sxprorsad by Section 51 of
Artiole 111 I8 that the Lsgfelature ehall have no power
to make any grant i31 pub110 mgey to any I,odivIdual,
The only relevant ixorptionr arm oontained in Section 51a
above 0 The Legislature i8 thqrefore bound by the oon-
etitutional prorirloar of Section 51 and may not make
any grant of publio monaye to the persons listed In
House ‘Bill 57, rinoe auoh pmsonrr are not within’ the ex-
ceptiona 1latsd id S.ction 51&l.
Shoe Sectfan’ 516 of Article III of
the Texas Conrtitutiaa provides for publio
assistance onl to .(.I) nsady persona over
sixty-f Ivi (65 f (2) needy blind persons
over twenty-onr’(21), crnd (3) ne@y chlld-
ran under Wxtoed (1.6), the Legislature may
not constitutionally make a grapt of public
mhey to victim de epaotio or oplleptlc
tits who axe b&neon twenty-one (21) and
Hono Psaroe Johnson, page 3 (v-809)
sixty-five (65) and are not blind. The
reaeon $6 that the Constitution othemise
provldqs that "The Legislature shell have
no power to make.e.any grant of public
moneys to.ang individual,..w Artiole 1x1,
Seotiotl .51.
very truly yours,
ATTORNEY GENXRAL OF !t!ttXiiS
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APPHOVIiD:
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QXS'l ASSISTANT
ATTOHNEYGl3NEW.L
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