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Texas Constitution:Article III, Section 56: Difference between revisions
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Texas Constitution:Article III, Section 56 (view source)
Revision as of 08:59, August 23, 2023
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This key section generally prohibits the enactment of so-called "special" or "local" laws. | This key section generally prohibits the enactment of so-called "special" or "local" laws. | ||
The constitutions of about two-thirds of the states have one or more provisions addressing the subject. Some of the provisions are relatively short and some are rather lengthy. A side-by-side comparison reflects that this section, as adopted in 1876, was based in large part on a long-form provision (Art. IV, Sec. 53) contained in the Missouri Constitution of 1875, which read in part: "The General Assembly shall not pass any local or special law: Authorizing the creation, extension or impairing of liens; . . ." | The constitutions of about two-thirds of the states have one or more provisions addressing the subject. Some of the provisions are relatively short and some are rather lengthy. A side-by-side comparison reflects that this section, as adopted in 1876, was based in large part on a long-form provision (Art. IV, Sec. 53) contained in the Missouri Constitution of 1875, which read in part: "The General Assembly shall not pass any local or special law: Authorizing the creation, extension or impairing of liens; Regulating the affairs of counties, cities, townships, wards, school districts; . . . | ||
Legalizing the unauthorized or invalid acts of any officer or agent of the State, | |||
01· of any county or municipality thereof. In all other cases, where a general law | |||
can be made applicable, no local or special law shall be enacted; and whether a | |||
general law could have been made applicable in any case, is hereby declared a | |||
Judicial qneation, and as such shall be judicially determined without re<Yard to any | |||
legislative assertion on that subject : 0 | |||
(:)om1titution. [35] A.rt. IV, §§ M-38 | |||
. Nor shall the General Assembly indirectly enact' such special or local law by | |||
:the partial repeal of a general law; but laws repealing local or special acts may | |||
be passed. | |||
" | |||
This section has been amended once. The 2001 modification, part of a "constitutional cleanup amendment," transferred (1) the prohibition against local and special laws that relieve a person from any public duty or service imposed by general law from Section 43, Article XVI and (2) the authority to enact local fence laws from Section 22, Article XVI. | This section has been amended once. The 2001 modification, part of a "constitutional cleanup amendment," transferred (1) the prohibition against local and special laws that relieve a person from any public duty or service imposed by general law from Section 43, Article XVI and (2) the authority to enact local fence laws from Section 22, Article XVI. | ||