I-359
EATTORNEY GENERAL
OF TEXAS
PRICE DANIEL
Aun-rlN
11.TExas
ATTORNEYGENERAL
April 22, 19&T
Ron. John J. Bell, Pnge 2, v-158
“All funds provided from the compa~mat104
OS each such person, or by the county, for suclh
Retirement, Disability and Death Compenratlen
Fund, aa are received by the county, shall be
invested in bonds OS the United btates, the
State of Texas, or countLea or cities of th5a
State, or in bonds issued by any ag6acy of
the United States Government, the payment of
the principal of and interest on which is
guaranteed by the United States, provided
that a sufficient amount of said funds shall
be kept on hand to meet the lamedlate payment
of the amount likely to bscome due each year
out of said Fund, such amount of funds to be
kept on hand to bs determined by the egenoy
nhich may be provided by Law to administer
said Fund; ,acid provided that the reolpieatr
of banesits from said F-d shall not be sllg-
lble for any other pension retirement funds
OF direct aid from the State of Texas, unless
the Fund, the creation of which ia provided
Sor herein, contributed by tl%s oounty, is PO-
lamed to the State OS Texas as a co?dltioR
to receiving such other pension aid.
The above conrtltIPtitma1 amendment was pro-
porned by House Joint Resolution No. 10 of the 49th Leg-
irlatlm, II. 50, 1945, and use Savonably voted upon at
the Geaerol Blectloa held in Noveinber, 3946,
The coast it at ioaal alaetndaant under coaalde~a-
tioa a&~arly indicates that uch county shall have tha
rl t to pporide SOP aad advialetar a Rstimmit, bla-
ab $lity and Death CompmasatWn Fund for the app0lIItiva
ofilcers and employees of the oounty, provided the sblY)
is authorized by a majority rote of tha qualified vot-
ers of such county,
While a Constitution is usually a mere deolar-
ation of principles of organ&a and fundamental Law, in
such fashion that a constitutional provisiOn MJ be e8-
t8bllahed and yet remain vithout force or 8ctivlty Ml-
tgl the adopt ion of leglslaticn whiah carrier it tntS
eSSect, yet it is entirely
pie to adopt provislonr wbloh
which are operative without le
pQ 423; Awton va, Allison, 91
Eon. John J. Bell, Pa$le 3, XV58
0 . w . .
Hon. Jahn J. Bell, Page 4, Q-158
legieletive enabliug act to rke effective
a mere aoaetitutlonal bsalar8tioo al prla-
ciple, are ueuall~ written in brief style,
end ia simple, clear end uaderatandable
tsru D They are aIraye to be given a lib-
eral coartruation, with a vler of oawl8q
out the rilS and pwee of the people ln
ueptlQ& it.
%o ‘have givers to t&e madrot l
llbe,rrl, coQrtructlon, Uving lo rind tL,
leroll)liehing of the plain purpose for
*ah it wa8 drafted and Uspto&. To
yg penlw *ouM k, ue think, to
t 0r the aptrit -- the essana
-0 of t'It fmmmtal &mv, ad thlr rerY
be faU1 to round aoutrwt tea. ”
&ation 62b, Artiole XVI, of the -0
l$itutlon of ths Nat. of TOUI, lutbril-
ma lsr r Q?a pQesr e#r Qa fo s
r
l* upon l rjorlt7 veto of
-?8 Ot lMh aOUQt7, 18
Hon. John J. Bell, Page 5, Q-158
self-executing, and enabling legislation
is not necessary to make it operative.
Your5 very truly,
ATTORHLTW OF TEXAS
BW:djmrmrj ATTORNEY
0.tRRRAL