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Texas Constitution:Article I, Section 3: Difference between revisions

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Texas Constitution:Article I, Section 3 (view source)

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* ''Ex parte George'', 215 S.W.2d 170, [https://texaslegalguide.com/images/215_SW2_170.pdf#page=3 172] (Tex.Crim.App. 1948) ("The question arises as to whether the exemptions mentioned invalidate the Act. In approaching a determination of such question it is well to keep in mind that there is nothing in our State or Federal Constitutions which prohibits the legislature of this State from resorting to classification for the purpose of legislation. The only limitation upon the passage of such legislation is that there must be some reasonable basis for the classification not arbitrary or capricious, and it must rest upon grounds of difference having a fair and substantial relationship to the legislation, so that all persons similarly circumstanced shall be treated alike.")
* ''Ex parte George'', 215 S.W.2d 170, [https://texaslegalguide.com/images/215_SW2_170.pdf#page=3 172] (Tex.Crim.App. 1948) ("The question arises as to whether the exemptions mentioned invalidate the Act. In approaching a determination of such question it is well to keep in mind that there is nothing in our State or Federal Constitutions which prohibits the legislature of this State from resorting to classification for the purpose of legislation. The only limitation upon the passage of such legislation is that there must be some reasonable basis for the classification not arbitrary or capricious, and it must rest upon grounds of difference having a fair and substantial relationship to the legislation, so that all persons similarly circumstanced shall be treated alike.")


* ''Watts v. Mann'', 187 S.W.2d 917, [https://texaslegalguide.com/images/187_S.W.2d_917.pdf#page=8 924] (Tex.Civ.App.–Austin 1945, ref'd) ("The principles here involved are of long standing and general acceptation. Substantially they are: The Legislature may classify law violators and impose different penalties, inhibitions and restrictions upon the several classes, provided there is a reasonable basis for the classification. In determining whether there is a reasonable basis for the classification there is a general presumption that the Legislature has done its duty, not violated the Constitution; and therefore the classification will be upheld unless it appears, clearly and without doubt, that it has no reasonable basis of support.")
* ''Watts v. Mann'', 187 S.W.2d 917, [https://texaslegalguide.com/images/187_SW2_917.pdf#page=8 924] (Tex.Civ.App.–Austin 1945, ref'd) ("The principles here involved are of long standing and general acceptation. Substantially they are: The Legislature may classify law violators and impose different penalties, inhibitions and restrictions upon the several classes, provided there is a reasonable basis for the classification. In determining whether there is a reasonable basis for the classification there is a general presumption that the Legislature has done its duty, not violated the Constitution; and therefore the classification will be upheld unless it appears, clearly and without doubt, that it has no reasonable basis of support.")


* ''Burroughs v. Lyles'', 181 S.W.2d 570, [https://texaslegalguide.com/images/181_S.W.2d_570.pdf#page=5 574] (Tex. 1944) (citations omitted) ("Article I, Section 3, of the Constitution guarantees to all persons equality of rights. This provision of the Constitution was designed to prevent any person, or class of persons, from being singled out as a special subject for discriminating or hostile legislation. This principle of equality also applies to political rights. Under the foregoing provision of the Constitution the Legislature has the power to adopt any classification it sees fit, provided there is a reasonable basis for such classification. . . . The discrimination is apparent, and we can perceive no reasonable basis for the classification.")
* ''Burroughs v. Lyles'', 181 S.W.2d 570, [https://texaslegalguide.com/images/181_S.W.2d_570.pdf#page=5 574] (Tex. 1944) (citations omitted) ("Article I, Section 3, of the Constitution guarantees to all persons equality of rights. This provision of the Constitution was designed to prevent any person, or class of persons, from being singled out as a special subject for discriminating or hostile legislation. This principle of equality also applies to political rights. Under the foregoing provision of the Constitution the Legislature has the power to adopt any classification it sees fit, provided there is a reasonable basis for such classification. . . . The discrimination is apparent, and we can perceive no reasonable basis for the classification.")
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