Texas Constitution:Article III, Section 56: Difference between revisions

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This important and often-litigated section generally prohibits the enactment of "local" laws and "special" laws. In addition, Article XII, Section [[Texas Constitution:Article XII, Section 1|1]] mandates that "[n]o private corporation shall be created except by general laws." Cf. ''Harwood v. Wentworth'', 162 U.S. 547, [https://scholar.google.com/scholar_case?case=9629641612988174310#p563 563-64] (1896) ("We are of the opinion that the territorial act is not a local or special law . . . . The act is general in its operation; it applies to all counties in the Territory; it prescribes a rule for the stated compensation of certain public officers; no officer of the classes named is exempted from its operation; and there is such a relation between the salaries fixed for each class of counties, and the equalized assessed valuation of property in them, respectively, as to show that the act is not local and special in any just sense, but is general in its application to the whole Territory and designed to establish a system for compensating county officers that is not intrinsically unjust, nor capable of being applied for purposes merely local or special.").
This important and often-litigated section generally prohibits the enactment of "local" laws and "special" laws. In addition, Article XII, Section [[Texas Constitution:Article XII, Section 1|1]] mandates that "[n]o private corporation shall be created except by general laws." Cf. ''Harwood v. Wentworth'', 162 U.S. 547, [https://scholar.google.com/scholar_case?case=9629641612988174310#p563 563-64] (1896) ("We are of the opinion that the territorial act is not a local or special law . . . . The act is general in its operation; it applies to all counties in the Territory; it prescribes a rule for the stated compensation of certain public officers; no officer of the classes named is exempted from its operation; and there is such a relation between the salaries fixed for each class of counties, and the equalized assessed valuation of property in them, respectively, as to show that the act is not local and special in any just sense, but is general in its application to the whole Territory and designed to establish a system for compensating county officers that is not intrinsically unjust, nor capable of being applied for purposes merely local or special.").


Unfortunately, much of the national jurisprudence regarding this type of legislative restriction is indefinite. Cf. ''Henderson v. Koenig'', 168 Mo. 356, [https://texaslegalguide.com/images/Mo_356.pdf#page=17 372] (1902) (emphasis in original) ("The act in question is ''local'' as to the city of St. Louis, and ''special'' as to the incumbent of the office of judge of probate."); Charles Binney, ''Restrictions Upon Local and Special Legislation in State Constitutions'' [https://www.google.com/books/edition/_/lXQ1AQAAMAAJ?hl=en&gbpv=1&pg=PA25 25-26] (1894) ("Hence, postponing for the present the inquiry into what constitutes a class for legislative purposes, and premising only that the class to which the general laws are applicable must be real and substantial, it may be said in brief that: (1) A general law is one which applies to and operates uniformly upon all members of any class of persons, places or things, requiring legislation peculiar to itself in the matter covered by the law. (2) A special law is one which relates either to particular persons, places or things, or to persons, places or things which, though not particularized, are separated, by any method of selection, from the whole class to which the law might, but for such limitation, be applicable. (3) A local law is one whose operation is confined within territorial limits other than those of the whole State or any properly constituted class of localities therein.").
Unfortunately, much of the jurisprudence regarding this type of legislative restriction is rather indefinite. Cf. ''Henderson v. Koenig'', 168 Mo. 356, [https://texaslegalguide.com/images/Mo_356.pdf#page=17 372] (1902) (emphasis in original) ("The act in question is ''local'' as to the city of St. Louis, and ''special'' as to the incumbent of the office of judge of probate."); Charles Binney, ''Restrictions Upon Local and Special Legislation in State Constitutions'' [https://www.google.com/books/edition/_/lXQ1AQAAMAAJ?hl=en&gbpv=1&pg=PA25 25-26] (1894) ("Hence, postponing for the present the inquiry into what constitutes a class for legislative purposes, and premising only that the class to which the general laws are applicable must be real and substantial, it may be said in brief that: (1) A general law is one which applies to and operates uniformly upon all members of any class of persons, places or things, requiring legislation peculiar to itself in the matter covered by the law. (2) A special law is one which relates either to particular persons, places or things, or to persons, places or things which, though not particularized, are separated, by any method of selection, from the whole class to which the law might, but for such limitation, be applicable. (3) A local law is one whose operation is confined within territorial limits other than those of the whole State or any properly constituted class of localities therein.").


For over one hundred years, more than forty state constitutions have contained provisions restricting the enactment of local and special laws. Some of the provisions are simple but most, referred to as laundry lists, are lengthy. Such restrictions serve a variety of purposes, including: (1) preventing the Legislature from usurping local control over public policy matters delegated generally to political subdivisions of the state (i.e., stopping the Legislature from meddling in local matters); and (2) reserving more time for the Legislature to study, debate and address public policy matters important to the entire state. Cf. 2 Tex. Const. Art. III, § 56, ''Interpretive Commentary'' (Vernon 2007) ("The constitutional framers believed that restrictions on the passage of local and special bills would prevent the granting of special privileges; secure uniformity of law throughout the state; decrease the passage of courtesy bills; and encourage the legislature to devote more of its time to interests of the state at large.").
For over one hundred years, more than forty state constitutions have contained provisions restricting the enactment of local and special laws. Some of the provisions are simple but most, referred to as laundry lists, are lengthy. Such restrictions serve a variety of purposes, including: (1) preventing the Legislature from usurping local control over public policy matters delegated generally to political subdivisions of the state (i.e., stopping the Legislature from meddling in local matters); and (2) reserving more time for the Legislature to study, debate and address public policy matters important to the entire state. Cf. 2 Tex. Const. Art. III, § 56, ''Interpretive Commentary'' (Vernon 2007) ("The constitutional framers believed that restrictions on the passage of local and special bills would prevent the granting of special privileges; secure uniformity of law throughout the state; decrease the passage of courtesy bills; and encourage the legislature to devote more of its time to interests of the state at large.").

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