Your letter requeetitig our opinion relatiqs to above oaptioned matter reada, in part, as follows:

"The above cited Bill 1s a tar donation or remis- questlone, sion, which gives rise to the following which are respeotrully submitted:

"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 (requiring a vote of two- thirds of each House). This bill 'is a grant of public moneys, as authorized in oases of public oalamity by Section 51 of Ar- title III of the Constitution or 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 commencing with 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& onservancy District 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,oonstitutional and valid enao tment. 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 Conservancy Distriot and defined its powers and duties.. -~Suoh distriot wooneisting of that part of the State of Texas whioh is included in the boundaries of Bexar County, and also ino,luding the natural bed and banks of the San Antonio River from itssouroe to its junction with 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 bill. cr

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 aonstitutienal and, a majority vote of each House is guffioient for its passage, Section 51 0r Article III, Constitution *3 ,--

'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