TLG

Texas Constitution:Article III, Section 40: Difference between revisions

Constitution Discussion

Texas Constitution:Article III, Section 40 (view source)

Revision as of 14:12, July 25, 2023

3 bytes removed ,  July 25, 2023
no edit summary
No edit summary
No edit summary
Line 17: Line 17:
* ''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.")
* ''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_SW2_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.")


* ''Ferguson v. Maddox'', 263 S.W. 888, [https://texaslegalguide.com/images/263_SW_888.pdf#page=4 891] (Tex. 1924) ("Without doubt, they may exercise them during a special session, unless the Constitution itself forbids. It is insisted that such inhibition is contained in article 3, § 40, which provides that legislation at a special session shall be confined to the subjects mentioned in the proclamation . . . . It purposely and wisely imposes no limitation, save as to legislation. As neither House acts in a legislative capacity in matters of impeachment, this section imposes no limitation with relation thereto, and the broad power conferred by article 15 stands without limit or qualification as to the time of its exercise.")
* ''Ferguson v. Maddox'', 263 S.W. 888, [https://texaslegalguide.com/images/263_SW_888.pdf#page=4 891] (Tex. 1924) ("Without doubt, they may exercise them during a special session, unless the Constitution itself forbids. It is insisted that such inhibition is contained in article 3, § 40, which provides that legislation at a special session shall be confined to the subjects mentioned in the proclamation . . . . It purposely and wisely imposes no limitation, save as to legislation. As neither House acts in a legislative capacity in matters of impeachment, this section imposes no limitation with relation thereto, and the broad power conferred by article 15 stands without limit or qualification as to the time of its exercise.")
Retrieved from "https://texaslegalguide.com/Special:MobileDiff/5270"