4,834
edits
Texas Constitution:Article III, Section 40 (view source)
Revision as of 14:11, July 25, 2023
, July 25, 2023no edit summary
No edit summary |
No edit summary |
||
| Line 15: | Line 15: | ||
* ''Maldonado v. State'', 473 S.W.2d 26, [https://scholar.google.com/scholar_case?case=2875835820270122016#p28 28] (Tex.Crim.App. 1971) (footnote omitted) ("There is no reason why the Court of Criminal Appeals and the Supreme Court of Texas, the two courts of last resort of our State, should have a different rule construing the constitutionality of statutes passed at special sessions of the Legislature. . . . The Supreme Court cases are more recent than ours and no doubt have been relied upon by the Legislature and by the Governor. We will not look behind the engrossed bill to see if the Governor issued a proclamation including the subject matter of the enacted legislation. All cases holding to the contrary are overruled.") | * ''Maldonado v. State'', 473 S.W.2d 26, [https://scholar.google.com/scholar_case?case=2875835820270122016#p28 28] (Tex.Crim.App. 1971) (footnote omitted) ("There is no reason why the Court of Criminal Appeals and the Supreme Court of Texas, the two courts of last resort of our State, should have a different rule construing the constitutionality of statutes passed at special sessions of the Legislature. . . . The Supreme Court cases are more recent than ours and no doubt have been relied upon by the Legislature and by the Governor. We will not look behind the engrossed bill to see if the Governor issued a proclamation including the subject matter of the enacted legislation. All cases holding to the contrary are overruled.") | ||
* ''City of Houston v. Allred'', 71 S.W.2d 251, [https://texaslegalguide.com/images/ | * ''City of Houston v. Allred'', 71 S.W.2d 251, [https://texaslegalguide.com/images/071_SW2_251.pdf#page=7 257] (Tex. 1934) ("The above act is regular upon its face. It was properly signed by the President of the Senate and Speaker of the House, and was duly authenticated by the proper officers of both houses. Also it was duly received and approved by the Governor, and filed in the office of the Secretary of State. It is now the settled law of this state that the courts will not go behind such a record to ascertain if the subject-matter of legislation enacted by a special session of the Legislature was in response to a subject designated by the Governor's proclamation calling the special session, or otherwise presented by him.") | ||
* ''Jackson v. Walker'', 49 S.W.2d 693, [https://texaslegalguide.com/images/049_S.W.2d_693.pdf 693-94] (Tex. 1932) ("[I]t has been held that it is not contemplated that the Governor shall state the details of legislation in his proclamation convening the Legislature in special session, but only in a general way present the subjects for legislation. . . . The rule has long been established in this state that a duly authenticated, approved, and enrolled statute imports absolute verity and is conclusive; that the act was passed in every respect as designated by the Constitution; and that resort may not be had to the proclamation of the Governor and to the journals of the two houses to invalidate the law.") | * ''Jackson v. Walker'', 49 S.W.2d 693, [https://texaslegalguide.com/images/049_S.W.2d_693.pdf 693-94] (Tex. 1932) ("[I]t has been held that it is not contemplated that the Governor shall state the details of legislation in his proclamation convening the Legislature in special session, but only in a general way present the subjects for legislation. . . . The rule has long been established in this state that a duly authenticated, approved, and enrolled statute imports absolute verity and is conclusive; that the act was passed in every respect as designated by the Constitution; and that resort may not be had to the proclamation of the Governor and to the journals of the two houses to invalidate the law.") | ||