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Texas Constitution:Article III, Section 35: Difference between revisions
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Texas Constitution:Article III, Section 35 (view source)
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The Republic of Texas constitution (1836), patterned in large part on the federal constitution, did not contain a similar provision. However, a substantively similar "one-object" rule was included in Texas's first state constitution (1845) (Art. VII, § 24: "Every law enacted by the Legislature shall embrace but one object, and that shall be expressed in the title.") and each of the following three constitutions (1861, 1866, & 1869). Cf. Michael Gilbert, ''Single Subject Rules and the Legislative Process'', 67 U. Pitt. L. Rev. 803, [https://texaslegalguide.com/images/LR_Article_re_Single_Subject_Rule.pdf#page=10 812] (2005-2006) (footnotes omitted) (emphasis added) ("The first general single subject rule appeared in New Jersey in 1844, followed by Louisiana and ''Texas in 1845'', and New York and Iowa in 1846. By 1959, some version of the rule had been adopted in forty-three states. The provision in the Nebraska Constitution is typical: 'No bill shall contain more than one subject, and the subject shall be clearly expressed in the title.'"). | The Republic of Texas constitution (1836), patterned in large part on the federal constitution, did not contain a similar provision. However, a substantively similar "one-object" rule was included in Texas's first state constitution (1845) (Art. VII, § 24: "Every law enacted by the Legislature shall embrace but one object, and that shall be expressed in the title.") and each of the following three constitutions (1861, 1866, & 1869). Cf. Michael Gilbert, ''Single Subject Rules and the Legislative Process'', 67 U. Pitt. L. Rev. 803, [https://texaslegalguide.com/images/LR_Article_re_Single_Subject_Rule.pdf#page=10 812] (2005-2006) (footnotes omitted) (emphasis added) ("The first general single subject rule appeared in New Jersey in 1844, followed by Louisiana and ''Texas in 1845'', and New York and Iowa in 1846. By 1959, some version of the rule had been adopted in forty-three states. The provision in the Nebraska Constitution is typical: 'No bill shall contain more than one subject, and the subject shall be clearly expressed in the title.'"). | ||
As adopted in 1876, this section read: "No bill (except general appropriation bills, which may embrace the various subjects and accounts for and on account of which moneys are appropriated) shall contain more than one subject, which shall be expressed in its title. But if any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be so expressed." It has been amended once. | As adopted in 1876, this section read: "No bill, (except general appropriation bills, which may embrace the various subjects and accounts, for and on account of which moneys are appropriated) shall contain more than one subject, which shall be expressed in its title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof, as shall not be so expressed." It has been amended once. | ||
Due to the 1986 amendment, a person negatively affected by a law may no longer challenge it in court on the basis of an insufficient title. However, such a person may still litigate whether the underlying legislation violated the one-subject rule. Cf. ''Texas Legislative Council Drafting Manual'' at [https://tlc.texas.gov/docs/legref/draftingmanual-88.pdf#page=156 147] ("A bill containing more than one subject is subject to a point of order. A law enacted in violation of the rule is also subject to attack in court . . . ."). | Due to the 1986 amendment, a person negatively affected by a law may no longer challenge it in court on the basis of an insufficient title. However, such a person may still litigate whether the underlying legislation violated the one-subject rule. Cf. ''Texas Legislative Council Drafting Manual'' at [https://tlc.texas.gov/docs/legref/draftingmanual-88.pdf#page=156 147] ("A bill containing more than one subject is subject to a point of order. A law enacted in violation of the rule is also subject to attack in court . . . ."). | ||