1943 Book 2 Texas Attorney General Reports and Opinions 1 (1943)

handle is hein.sag/sagtx0185 and id is 1 raw text is: GERALD C. MANN                ATI ir  I It, TIfAf M
Honorable Karl L. Lovelady, Chairman
Committee on Education
The Senate
Austin, Texas
Dear Senator Lovelady:        Opinion No. 0-5213
Re: Constitutionality of House Bill 164,
concerning the refunding of bonds
issued for school purposes.
We beg to acknowledge receipt of your request for a reconsid-
eration of our Opinion No. 0-5213, accompanied by an opposing brief of
authorities and argument. We have carefully reconsidered our original
opinion, in the light of the opposing arguments, and in the light of
our own further investigation of the pertinent constitutional provis-
ions. We are yet of the opinion that House Bill No. 164, if enacted
into law, would be unconstitutional.
Your original request for an opinion was as follows:
There has been referred to the Senate Committee
on Education House Bill No. 164, a copy of which is at-
tached hereto. On behalf of the committee, I should
like to request your opinion whether the bill is con-
stitutional, and particularly whether it violates either
or all of the following provisions:
'a. Section 16 of Article I;
'b. Section 51 of Article III, as amended;
'c. Section 55 of Article III;
'd. Section 4 of Article VII, as amended (1883).'
The bill violates Section 4 of Article VII of the Constitu-
tion, which declares:
'The lands herein set apart to the Public Free
School fund, shall be sold under such regulations, at
such time, and on such terms as may be prescribed by
law; and the Legislature shall not have power to grant
any relief to purchasers thereof. The Comptroller shall
invest the proceeds of such sales, and of those hereto-
fore made, as may be directed by the Board of Education
herein provided for, in the bonds of the United States,

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