Texas Constitution:Article III, Section 1: Difference between revisions

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Texas Constitution:Article III, Section 1 (view source)

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* ''Texas National Guard Armory Board v. McCraw'', 126 S.W.2d 627, [https://texaslegalguide.com/images/126_SW2_627.pdf#page=9 635] (Tex. 1939) ("The general rule prevails . . . . However, there are many powers that the Legislature may delegate to other bodies. In many instances, where the Legislature cannot itself practically or efficiently perform the functions required, there can be no doubt of its authority to designate some tribunal to perform the duties required to carry out the purposes of such legislation. In this State the Legislature has created the Railroad Commission, the Live Stock Commission, the Highway Commission, and many other agencies; and the trend of modern decisions is to uphold such laws.")
* ''Texas National Guard Armory Board v. McCraw'', 126 S.W.2d 627, [https://texaslegalguide.com/images/126_SW2_627.pdf#page=9 635] (Tex. 1939) ("The general rule prevails . . . . However, there are many powers that the Legislature may delegate to other bodies. In many instances, where the Legislature cannot itself practically or efficiently perform the functions required, there can be no doubt of its authority to designate some tribunal to perform the duties required to carry out the purposes of such legislation. In this State the Legislature has created the Railroad Commission, the Live Stock Commission, the Highway Commission, and many other agencies; and the trend of modern decisions is to uphold such laws.")


* ''De Shazo v. Webb'', 113 S.W.2d 519, [https://texaslegalguide.com/images/113_S.W.2d_519.pdf#page=5 523] (Tex. 1938) ("[T]he Legislature has the power to enact any law that is not in conflict with the Constitution of this state or of the United States, or valid laws enacted by the latter. No contention is made by contestee that the above statutes involve any federal question. . . . When we consider, however, that this is not a civil suit, and that the statute confers the power or capacity on these contestants to maintain this legislative action, and when we are unable to put our finger on a single constitutional provision which prohibits the conferring of such power, we are compelled to overrule this contention.")
* ''De Shazo v. Webb'', 113 S.W.2d 519, [https://texaslegalguide.com/images/113_SW2_519.pdf#page=5 523] (Tex. 1938) ("[T]he Legislature has the power to enact any law that is not in conflict with the Constitution of this state or of the United States, or valid laws enacted by the latter. No contention is made by contestee that the above statutes involve any federal question. . . . When we consider, however, that this is not a civil suit, and that the statute confers the power or capacity on these contestants to maintain this legislative action, and when we are unable to put our finger on a single constitutional provision which prohibits the conferring of such power, we are compelled to overrule this contention.")


* ''Brown v. Humble Oil & Refining Co.'', 83 S.W.2d 935, [https://texaslegalguide.com/images/083_S.W.2d_935.pdf#page=7 941] (Tex. 1935) (citations omitted) ("In the absence of a well-defined standard or rule in the statutes defining the public policy of the state with respect to the mineral interest, the Railroad Commission would be without authority to promulgate rules, regulations, or orders relating to the protection of oil and gas. The power to pass laws rests with the Legislature, and that power cannot be delegated to some commission or other tribunal. In order to carry out the commands of the Legislature, the Railroad Commission adopted rule 37. The validity of this rule has been upheld repeatedly.")
* ''Brown v. Humble Oil & Refining Co.'', 83 S.W.2d 935, [https://texaslegalguide.com/images/083_S.W.2d_935.pdf#page=7 941] (Tex. 1935) (citations omitted) ("In the absence of a well-defined standard or rule in the statutes defining the public policy of the state with respect to the mineral interest, the Railroad Commission would be without authority to promulgate rules, regulations, or orders relating to the protection of oil and gas. The power to pass laws rests with the Legislature, and that power cannot be delegated to some commission or other tribunal. In order to carry out the commands of the Legislature, the Railroad Commission adopted rule 37. The validity of this rule has been upheld repeatedly.")
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