Texas Almanac, 1992-1993 Page: 357
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CONSTITUTION 357
Article III - (Cont'd.)
have the power, by General Laws, to provide, subject to limi-
tations herein contained, and such other limitations, restric-
tions and regulations as may by the Legislature be deemed
expedient, for assistance grants to dependent children and
the caretakers of such children, needy persons who are total-
ly and permanently disabled because of a mental or physical
handicap, needy aged persons and needy blind persons.
The Legislature may provide by General Law for medi-
cal care, rehabilitation and other similar services for needy
persons. The Legislature may prescribe such other eligibility
requirements for participation in these programs as it
deems appropriate and may make appropriations out of
state funds for such purposes. The maximum amount paid
out of state funds for assistance grants to or on behalf of nee-
dy dependent children and their caretakers shall not exceed
the amount of Eighty Million Dollars ($80,000,000) during any
fiscal year, except that the limit shall be One Hundred Sixty
Million Dollars ($160,000,000) for the two years of the 1982-1983
biennium. For the two years of each subsequent biennium,
the maximum amount shall not exceed one percent of the
state budget. The Legislature by general statute shall pro-
vide for the means for determining the state budget
amounts, including state and other funds appropriated by
the Legislature, to be used in establishing the biennial limit.
Provided further, that if the limitations and restrictions
herein contained are found to be in conflict with the provi-
sions of appropriate federal statutes, as they now are or as
they may be amended to the extent that federal matching
money is not available to the state for these purposes, then
and in that event the Legislature is specifically authorized
and empowered to prescribe such limitations and restric-
tions and enact such laws as may be necessary in order that
such federal matching money will be available for assistance
and/or medical care for or on behalf of needy persons.
Nothing in this section shall be construed to amend, mod-
ify or repeal Sec. 31 of Art. XVI of this Constitution; provided
further, however, that such medical care, services or assis-
tance shall also include the employment of objective or sub-
jective means, without the use of drugs, for the purpose of
ascertaining and measuring the powers of vision of the hu-
man eye, and fitting lenses or prisms to correct or remedy
any defect or abnormal condition of vision. Nothing herein
shall be construed to permit optometrists to treat the eyes
for any defect whatsoever in any manner nor to administer
nor to prescribe any drug or physical treatment whatsoever,
unless such optometrist is a regularly licensed physician or
surgeon under the laws of this state.
[Note-The foregoing Sec. 51-a of Art. III, an amendment,
was first submitted by Forty-ninth Legislature and adopted
in an election Aug. 25, 1945. It supplanted four earlier amend-
ments, as follows: An original Sec. 51-a which provided for
issuance of $20,000,000 in state bonds for relief (the so-called
"Bread bonds") this amendment having been submitted by
Forty-third Legislature and adopted Aug. 26, 1933; and also
Secs. 51-b, 51-c and 51-d, which originally provided for old-
age pensions and other welfare measures, adopted in elec-
tions Aug. 24, 1935 and Aug. 23, 1937. Because of this consol-
idation, the Constitution did skip from Sec. 51-a to Sec. 51-e
until a Sec. 51-b was added in election Nov. 2, 1954, and a Sub-
section 51-a was added in election Nov. 5, 1957. It was further
amended to raise the limit from $35,000,000 to $42,000,000.
Submitted by Fifty-third Legislature (1953) and adopted in
election Nov. 2, 1954. It was again amended to raise the limit
from $42,000,000 to $47,000,000 and authorizing legislative
appropriations to raise the needed money. Submitted by Fif-
ty-fifth Legislature (1957) and adopted in election Nov. 5,
1957. It was further amended to raise the total amount of
assistance to $52,000,000 per year. Submitted by Fifty-seventh
Legislature (1961) and adopted in election Nov. 6, 1962. It was
further amended to combine the former Sections 51-a and 51-
b-1 of Art. III into one section to be known as Sec. 51-a; fur-
ther raising the total amount of assistance to $60,000,000 per
year and providing that Legislature shall prescribe the resi-
dence requirements. Submitted by Fifty-eighth Legislature
(1963) and adopted in election Nov. 9, 1963. It was further
amended in 1965 to create a new Sec. 51-a which consolidates
the old Sec. 51-a and Subsections 51-a-1 and 51-a-2. The new
Sec. 51-a enables the State of Texas to cooperate with the
U.S. government in providing assistance and medical care
for the needy aged, needy blind, needy children and needy
totally disabled; expands age categories of those eligible for
blind assistance and of needy children; and extends eligibili-
ty for the aged to citizens of the U.S. or noncitizens who have
resided in the U.S. for 25 years. Submitted by Fifty-ninth
Legislature (1965) and adopted in election Nov. 2, 1965. It was
again amended to raise the limit on amount to be expended
from $60,000,000 to $80,000,000 a year. It further provided that
certain amounts be allocated out of the Omnibus Tax Clear-
ance Fund for aid to permanently and totally disabled, fam-
ilies with dependent children and for old-age assistance.
Submitted by Sixty-first Legislature (1969) and adopted in an
election Aug. 5, 1969. The regular session of the Sixty-seventh
Legislature (1981) submitted an amendment to raise the
amount to be expended on Aid for Dependent Children in the
1982-1983 biennium to a maximum of $160 million and, for
each subsequent biennium, the maximum amount would not
exceed one percent of the state budget. This proposed
amendment inadvertently cut out other needy recipients
and SJR 10 of the Called Session of the Sixty-seventh Legis-lature (1982) amended the proposed amendment to include
other needy recipients in this fund. Adopted in election Nov.
2, 1982.]
Sec. 51-a-1. (a) The legislature by general law may au-
thorize the use of public money to provide to local fire de-
partments and other public fire-fighting organizations:
(1) loans or other financial assistance to purchase fire-
fighting equipment and to aid in providing necessary equip-
ment and facilities to comply with federal and state law; and
(2) scholarships and grants to educate and train the
members of local fire departments and other public fire-
fighting organizations.
(b) A portion of the money used under this section may
be used for the administrative costs of the program. The leg-
islature shall provide for the terms and conditions of schol-
arships, grants, loans, and other financial assistance to be
provided under this section.
[Note - The foregoing Sec. 51-a-1 of Art. III, an amend-
ment, was added to authorize the state to provide schol-
arships, grants, loans and other financial assistance to local
fire departments and other public fire-fighting organi-
zations. Proposed by the Seventy-first Legislature (1989) and
adopted in an election Nov. 7, 1989.]
[Note - Sec. 51-b of Art. III, creating the State Building
Commission and the State Building Fund, was eliminated by
a constitutional amendment in an election Nov. 7, 1978.1
Sec. 51-c. False Imprisonment - The Legislature may
grant aid and compensation to any person who has hereto-
fore paid a fine or served a sentence in prison, or who may
hereafter pay a fine or serve a sentence in prison, under the
laws of this Stale for an offense for which he or she is not
guilty, under such regulations and limitations as the Legis-
lature may deem expedient.
[Note - Sec. 51-c of Art. III was added to provide that
Legislature may grant aid and compensation to persons who
have been fined or imprisoned under laws of this state for
offenses of which they are not guilty. Submitted by the Fifty-
fourth Legislature (1955) and adopted in election Nov. 6,
1956.]
Sec. 51-d. Assistance to Survivors of Law Enforcement
Officers Killed on Duty - The Legislature shall have the
power, by general law, to provide for the payment of assis-
tance by the State of Texas to the surviving spouse, minor
children, and surviving dependent parents, brothers, and
sisters of officers, employees and agents, including mem-
bers of organized volunteer fire departments and members
of organized police reserve or auxiliary units with authority
to make an arrest, of the state or of any city, county, district,
or other political subdivision who, because of the hazardous
nature of their duties, suffer death in the course of the per-
formance of those official duties. Should the Legislature
enact any enabling laws in anticipation of this amendment,
no such law shall be void by reason of its anticipatory nature.
(Note - The foregoing Sec. 51-d, an amendment, was
added to provide assistance for survivors of law enforce-
ment officers killed in performance of their duty. Submitted
by the Fifty-ninth Legislature (1965), and adopted in election
Nov. 8, 1966. It was further amended to provide for assistance
to survivors of members of volunteer fire departments and
organized police reserve, or auxiliary units with authority to
make arrests, of political subdivisions of the state. Sub-
mitted by the Sixty-first Legislature (1969) and adopted in
election Aug. 5, 1969. It was again amended to provide com-
pensation for dependent parents, brothers and sisters of offi-
cers killed in performing their duties. Submitted by the
Sixty-eighth Legislature (1983) and adopted in election Nov.
6, 1984.]
(Note - Sec. 51e and Sec. 51f, relating to City and Town
Pension System and Local Pension Plans, respectively, were
deleted by a constitutional amendment election April 22,
1975. See also note under Art. Ill, Sec. 48a and Sec. 48b; Art.
XVI, Sec. 62 and Sec. 63. See also Art. XVI, Sec. 67, which re-
places the foregoing Sections.]
Sec. 51-g. Social Security Coverage for Municipal Em-
ployees - The Legislature shall have the power to pass such
laws as may be necessary to enable the State to enter into
agreements with the Federal Government to obtain for pro-
prietary employees of its political subdivisions coverage un-
der the old-age and survivors insurance provisions of Title II
of the Federal Social Security Act as amended. The Legis-
lature shall have the power to make appropriations and au-
thorize all obligations necessary to the establishment of such
Social Security coverage program.CONSTITUTION
357
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Kingston, Mike. Texas Almanac, 1992-1993, book, 1991; Dallas, Texas. (https://texashistory.unt.edu/ark:/67531/metapth279642/m1/361/: accessed May 4, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.