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

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* ''State v. McDonald'', 220 S.W.2d 732, [https://texaslegalguide.com/images/220_SW2_732.pdf#page=2 733] (Tex.Civ.App.–Texarkana 1949, ref'd) (citations omitted) ("If above House Concurrent Resolution be susceptible of the construction that it was the intent to waive immunity from liability as urged by plaintiffs, such would lend no validity to this judgment, for such resolution is unconstitutional. . . . Appellees assert that the legislature in sessions after sessions has passed bills and resolutions, at times a field day, granting permission to people to sue the State for alleged negligent acts of agents and employees of the various departments of the State, and later has authorized payments of judgments recovered.")
* ''State v. McDonald'', 220 S.W.2d 732, [https://texaslegalguide.com/images/220_SW2_732.pdf#page=2 733] (Tex.Civ.App.–Texarkana 1949, ref'd) (citations omitted) ("If above House Concurrent Resolution be susceptible of the construction that it was the intent to waive immunity from liability as urged by plaintiffs, such would lend no validity to this judgment, for such resolution is unconstitutional. . . . Appellees assert that the legislature in sessions after sessions has passed bills and resolutions, at times a field day, granting permission to people to sue the State for alleged negligent acts of agents and employees of the various departments of the State, and later has authorized payments of judgments recovered.")
* ''Jones v. Anderson'', 189 S.W.2d 65, [https://texaslegalguide.com/images/189_SW2_65.pdf#page=2 66] (Tex.Civ.App.–San Antonio 1945, ref'd) ("The Legislature, by the enactment of said Article 52—161, created for Bexar County the constitutional office of Criminal District Attorney, and this being so Section 21 of Article 5 of our Constitution, in effect, provides that in such a county no County Attorney shall be elected. . . . Appellant further complains that the Act violates Sections 56 and 57 of Article 3 of our constitution in that it attempts to regulate the affairs of a county by a local or special law. We overrule this contention, the first sentence in Section 56 reads as follows: 'The Legislature shall not, except as otherwise provided in this Constitution, pass any local or special law.' Section 1, Article 5, of the Constitution authorizes the enactment of just such an act as Article 52—161, C.C.P., and is therefore made an exception in the very first sentence of Sec. 56, Art. 3, of the Constitution.")


* ''State Highway Department v. Gorham'', 162 S.W.2d 934, [https://texaslegalguide.com/images/162_SW2_934.pdf#page=4 937] (Tex. 1942) ("If the Act be construed as a special law, depriving the State of a defense in a particular case, it is unconstitutional, as being violative of Section 3 of the Texas Bill of Rights, which provides that all men shall have equal rights. It is also violative of Article III, Section 56, of our State Constitution, which provides that no local or special law shall be enacted where a general law can be made applicable. . . . It certainly was not the intention of the framers of our Constitution that the State should have certain defenses against some individuals, but not against others similarly situated.")
* ''State Highway Department v. Gorham'', 162 S.W.2d 934, [https://texaslegalguide.com/images/162_SW2_934.pdf#page=4 937] (Tex. 1942) ("If the Act be construed as a special law, depriving the State of a defense in a particular case, it is unconstitutional, as being violative of Section 3 of the Texas Bill of Rights, which provides that all men shall have equal rights. It is also violative of Article III, Section 56, of our State Constitution, which provides that no local or special law shall be enacted where a general law can be made applicable. . . . It certainly was not the intention of the framers of our Constitution that the State should have certain defenses against some individuals, but not against others similarly situated.")

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