R-493
OFFICE OF
THE ATTORNEY GENERAL
AUSTIN. TEX&B :.
PRICE DANIEL
ATTORNEYGENERAL
May 28, 1947
Honorable George Moffett, Chairman
State Affairs Committee
Austin, Texas
Dear Mr. Mofrett: opinion No. v-226
Be: Constitutionalityof
H. B. No. ll+and re-
quired vote for pas-
sage.
Your letter requeetitigour opinion relatiqs to above
oaptioned matter reada, in part, as follows:
"The above cited Bill 1s a tar donation or remis-
sion, which gives rise to the following questlone,
which are respeotrullysubmitted:
"1. Under the provisions of the Constitution
of the State of Texas, what,vote would be re-
quired for final passage of this measure?'
"2. As House Bill 14 is drawn, may the ooun-
ties enumerated therein receive donations and
grants under the terms of our Constitution?"
You attached a copy of H. B. No. 14 and we have oare-
fully examined same. This bill is not a tax remission bill, as
authorized in cases of great public calamity by Section 10, of
Article VIII of the Texas Constitution (requiringa vote of two-
thirds of each House). This bill 'isa grant of public moneys,
as authorized in oases of public oalamity by Section 51 of Ar-
title III of the Constitutionor Texas.
Therefore, in answer to your first question it is our
opinion that a majority vote in each House (a quorum being pre-
sent) is sufficient for final passage.
Honorable George Moffett - Page 2
We note in the oeption the following clause:
grant to the San Antonio River C
of one-half (4) of the State ad va-
lorem taxes collected in said oounties;" and that the Act do-
district one-half (&I of the Stata
olleoted during the next twenty years
commencingwith September 1st. Before action is taken on this
legislation the caption should be corrected aooordingly. In
our opinion the clause in question should read as follows:
Qakin a donation and grant to the San Antenio River Canal
a& onservancyDistrict of one-half (4) of the State ad valorem
taxes to be collected in said counties for a period of twenty
(20) years;".
Inour opinion II.B. No. 14, upon corxeotion of the
oaption as suggested above, would be a,oonstitutionaland valid
enaotment. The Supreme Court of Texas, in Harris County Flood
Control District va. Mann, ll& 9. W. (26) 1098, held a similar
act valid.
The 45th Legislature,oh. 276, p* 556, created the
San Antonio River Canal and ConservancyDistriot and defined
its powers and duties..-~Suohdistriot wooneistingof that part
of the State of Texas whioh is included in the boundaries of
Bexar County, and also ino,ludingthe natural bed and banks of
the San Antonio River from itssouroe to its junctionwith the
Guadalupe River", and other areas of land otherwise acquired.
The-San Antonio River flows through the oounties of Bexar, Wil-
son, Karnes and Goliad. (The counties mentioned in H. B. Yo. 14).
In answer to your second question you are advised,
that House Bill 14, as drawn, or amended as suggested above,
only grants to said San Antonio River Canal and Conservancy
Distriot one-half of the State ad valorem taxes oolleoted in
said oounties during the next twenty years, and that said coun-
ties will not receive any grant or donation by virtue of said
cr bill.
SUMWARY
H. B. Wo. 14 granting one-half of the State
ad valorem taxes oolleeted during the next twenty
years to the San Antonio River Canal and Conser-
vancy District, if the caption is amended to con-
form to the body of the bill, is aonstitutienaland,
a majority vote of each House is guffioient for its
passage, Section 51 0r Article III, Constitution
,--
'Iionorqbls
George Moff'ett.-Page 3
_
of Texas. Har,ris~Cw.t Flood Control District
va..Mann, 140’ 5. .Wi :(2d
3 1098. This-bill does
not wki$ a don&tio&to Bexar, Wilson, Barnes or
Goliad Odunty.
Yours very truly
ATTORNEYGENERAL OFTEXAS
By M
W. V. Geppert
Assistant
WVG:IllItlO
.
APPROVED
ATTORNEY GEmwAL