1989 Texas Attorney General Reports and Opinions 5137 (1989)

handle is hein.sag/sagtx0035 and id is 1 raw text is: THE AT*TORNEY GENERAL
OF TEXAS
January 2, 1989
JIm MATTOX
ATTORNEY GENERAL
Dr. Wilbur L. Meier, Jr.       Opinion No. JM-1001
Chancellor
University of Houston          Re:   Constitutional author-
System                       ity of an    institution   of
4600 Gulf Freeway              higher education to    refund
Suite 425                      bonds issued under     prior
Houston, Texas 77023           law  (RQ-1406)
Dear Dr. Meier:
On behalf of the University of Houston System, you have
requested an opinion of this office interpreting a portion
of article VII, section 17, of the Texas Constitution.
Article II, section  17, deals with    appropriations and
funding for agencies and  institutions of higher education.
Your letter reads in part:
Subsection (e) of article VII, section 17
provides in part that the governing board of
any of the institutions of higher education
identified in subsection (b)'may issue bonds
and notes for the purposes of refunding bonds
or notes issued under this section or prior
law. . . .' (Emphasis provided). We request
your opinion as to the meaning of the  empha-
sized  language.    Specifically, does    the
phrase 'prior law' refer only to the prede-
cessor of article VII, section 17, which was
repealed on November 2, 1982: or does it
refer to any statute existing prior to the
adoption of the present article VII, section
17?
To better orient the discussion that follows, pertinent
provisions of article VII, section 17, are set out here:
Sec. 17 (a) In the fiscal year begin-
ning September 1, 1985, and each fiscal year
thereafter, there is hereby appropriated out
of the first money coming into the state
treasury not otherwise appropriated by the

p. 5137

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