Texas Constitution:Article III, Section 39 - Revision history

Admin at 19:24, June 9, 2024

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	{{DISPLAYTITLE:Article III, Section 39 of the Texas Constitution (''<small>"Time of Taking Effect of Laws"</small>'')}}{{Texas Constitution\|text=As amended November 2, 1999:		{{DISPLAYTITLE:Article III, Section 39 of the Texas Constitution (''<small>"Time of Taking Effect of Laws"</small>'')}}{{Texas Constitution\|text=As amended November 2, 1999:

	No law passed by the Legislature, except the general appropriation act, shall take effect or go into force until ninety days after the adjournment of the session at which it was enacted, unless the Legislature shall, by a vote of two-thirds of all the members elected to each House, otherwise direct; said vote to be taken by yeas and nays, and entered upon the journals.		'''No law passed by the Legislature, except the general appropriation act, shall take effect or go into force until ninety days after the adjournment of the session at which it was enacted, unless the Legislature shall, by a vote of two-thirds of all the members elected to each House, otherwise direct; said vote to be taken by yeas and nays, and entered upon the journals.'''

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	\|seo_title=Article III, Section 39 of the Texas Constitution ("Time of Taking Effect of Laws")		\|seo_title=Article III, Section 39 of the Texas Constitution ("Time of Taking Effect of Laws")
	\|seo_keywords=Article 3 Section 39, effective date, expedited effect		\|seo_keywords=Article 3 Section 39, effective date, expedited effect
	\|seo_description=The ~~object~~ of this section ~~was~~ to give notice to the people of the passage of new laws.		\|seo_description=The purpose of this section of the state constitution is to give notice to the people of the passage of new laws.
	\|seo_image=mod_Texas_Constitution_of_1876_Article_3.jpg		\|seo_image=mod_Texas_Constitution_of_1876_Article_3.jpg
	\|seo_image_alt=Article III: Legislative Department		\|seo_image_alt=Article III: Legislative Department

Admin at 19:18, June 9, 2024

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	{{DISPLAYTITLE:Article III, Section 39 of the Texas Constitution (''<small>"Time of Taking Effect of Laws"</small>'')}}{{Texas Constitution\|text=As amended November 2, 1999:		{{DISPLAYTITLE:Article III, Section 39 of the Texas Constitution (''<small>"Time of Taking Effect of Laws"</small>'')}}{{Texas Constitution\|text=As amended November 2, 1999:

	~~'''~~No law passed by the Legislature, except the general appropriation act, shall take effect or go into force until ninety days after the adjournment of the session at which it was enacted, unless the Legislature shall, by a vote of two-thirds of all the members elected to each House, otherwise direct; said vote to be taken by yeas and nays, and entered upon the journals.~~'''~~		No law passed by the Legislature, except the general appropriation act, shall take effect or go into force until ninety days after the adjournment of the session at which it was enacted, unless the Legislature shall, by a vote of two-thirds of all the members elected to each House, otherwise direct; said vote to be taken by yeas and nays, and entered upon the journals.

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	\|seo_keywords=Article 3 Section 39, effective date, expedited effect		\|seo_keywords=Article 3 Section 39, effective date, expedited effect
	\|seo_description=The object of this section was to give notice to the people of the passage of new laws.		\|seo_description=The object of this section was to give notice to the people of the passage of new laws.
	\|seo_image=~~Texas_Constitution_of_1876_Article_3~~.jpg		\|seo_image=mod_Texas_Constitution_of_1876_Article_3.jpg
	\|seo_image_alt=Article III: Legislative Department		\|seo_image_alt=Article III: Legislative Department

Admin at 22:00, August 3, 2023

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	\|seo_title=Article III, Section 39 of the Texas Constitution ("Time of Taking Effect of Laws")		\|seo_title=Article III, Section 39 of the Texas Constitution ("Time of Taking Effect of Laws")
	\|seo_keywords=Article 3 Section 39, effective date, ~~emergency declaration~~		\|seo_keywords=Article 3 Section 39, effective date, expedited effect
	\|seo_description=The ~~legislative power~~ of ~~Texas is vested in a Senate and House~~ of ~~Representatives~~.		\|seo_description=The object of this section was to give notice to the people of the passage of new laws.
	\|seo_image=Texas_Constitution_of_1876_Article_3.jpg		\|seo_image=Texas_Constitution_of_1876_Article_3.jpg
	\|seo_image_alt=Article III: Legislative Department		\|seo_image_alt=Article III: Legislative Department

Admin at 21:41, August 3, 2023

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	As adopted in 1876, this section read: "No ~~laws~~ passed by the Legislature, except the general appropriation act, shall take effect or go into force until ninety days after the adjournment of the session at which it was enacted, unless in case of an emergency which emergency must be expressed in a preamble or in the body of the act, the Legislature shall, by a vote of two-thirds of all the members elected to each House, otherwise direct; said vote to be taken by yeas and nays, and entered upon the journals." It has been amended once.		As adopted in 1876, this section read: "No law passed by the Legislature, except the general appropriation act, shall take effect or go into force until ninety days after the adjournment of the session at which it was enacted, unless in case of an emergency which emergency must be expressed in a preamble or in the body of the act, the Legislature shall, by a vote of two-thirds of all the members elected to each House, otherwise direct; said vote to be taken by yeas and nays, and entered upon the journals." It has been amended once.

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	\|seo_title=Article III, Section 39 of the Texas Constitution ("Time of Taking Effect of Laws")		\|seo_title=Article III, Section 39 of the Texas Constitution ("Time of Taking Effect of Laws")
	\|seo_keywords=Article 3 Section 39, effective date, emergency ~~measure~~		\|seo_keywords=Article 3 Section 39, effective date, emergency declaration
	\|seo_description=The legislative power of Texas is vested in a Senate and House of Representatives.		\|seo_description=The legislative power of Texas is vested in a Senate and House of Representatives.
	\|seo_image=Texas_Constitution_of_1876_Article_3.jpg		\|seo_image=Texas_Constitution_of_1876_Article_3.jpg

Admin at 21:34, August 3, 2023

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	\|seo_title=Article III, Section 39 of the Texas Constitution ("Time of Taking Effect of Laws")		\|seo_title=Article III, Section 39 of the Texas Constitution ("Time of Taking Effect of Laws")
	\|seo_keywords=Article 3 Section 39, ~~Texas Legislature~~, ~~...~~		\|seo_keywords=Article 3 Section 39, effective date, emergency measure
	\|seo_description=The legislative power of Texas is vested in a Senate and House of Representatives.		\|seo_description=The legislative power of Texas is vested in a Senate and House of Representatives.
	\|seo_image=Texas_Constitution_of_1876_Article_3.jpg		\|seo_image=Texas_Constitution_of_1876_Article_3.jpg

Admin at 18:58, July 25, 2023

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	* ''Missouri, K. & T. Ry. Co. v. State'', 100 S.W. 766, [https://texaslegalguide.com/images/100_SW_766.pdf#page=3 768] (Tex. 1907) ("The act under examination did not have the emergency declaration; hence it did not go into effect until the 14th day of July, 1905. But that fact will not affect the question of its validity, for the railroads were not required to take notice of it until it became operative. . . . There is a conflict in the authorities upon this point, but we believe those cited are supported by the better reasoning. The words, 'or go into force,' used in our Constitution, emphasizes the idea that the law is without vitalilty [sic] until the 90 days shall expire.")		* ''Missouri, K. & T. Ry. Co. v. State'', 100 S.W. 766, [https://texaslegalguide.com/images/100_SW_766.pdf#page=3 768] (Tex. 1907) ("The act under examination did not have the emergency declaration; hence it did not go into effect until the 14th day of July, 1905. But that fact will not affect the question of its validity, for the railroads were not required to take notice of it until it became operative. . . . There is a conflict in the authorities upon this point, but we believe those cited are supported by the better reasoning. The words, 'or go into force,' used in our Constitution, emphasizes the idea that the law is without vitalilty [sic] until the 90 days shall expire.")

	* ''Halbert v. San Saba Springs Land & Live-Stock Ass'n'', 34 S.W. 639, [https://texaslegalguide.com/images/~~Vol_034_SWR_639~~.pdf 639] (Tex. 1896) ("The object of the constitutional convention in prescribing a period of time within which no law enacted by the legislature should be operative was to give notice to the people of its passage, that they might obey it when it should become effective, and also to enable them to adjust their affairs to the change made, if any. Price v. Hopkin, 13 Mich. 325. . . . [T]hat is, 90 full days must expire between the adjournment of the legislature and the taking effect of the law. O'Connor v. Towns, 1 Tex. 107.")		* ''Halbert v. San Saba Springs Land & Live-Stock Ass'n'', 34 S.W. 639, [https://texaslegalguide.com/images/034_SW_639.pdf 639] (Tex. 1896) ("The object of the constitutional convention in prescribing a period of time within which no law enacted by the legislature should be operative was to give notice to the people of its passage, that they might obey it when it should become effective, and also to enable them to adjust their affairs to the change made, if any. Price v. Hopkin, 13 Mich. 325. . . . [T]hat is, 90 full days must expire between the adjournment of the legislature and the taking effect of the law. O'Connor v. Towns, 1 Tex. 107.")

	\|seo_title=Article III, Section 39 of the Texas Constitution ("Time of Taking Effect of Laws")		\|seo_title=Article III, Section 39 of the Texas Constitution ("Time of Taking Effect of Laws")

Admin at 18:54, July 25, 2023

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	As adopted in 1876, this section read: "No laws passed by the Legislature, except the general appropriation act, shall take effect or go into force until ninety days after the adjournment of the session at which it was enacted, unless in case of an emergency which emergency must be expressed in a preamble or in the body of the act, the Legislature shall, by a vote of two-thirds of all the members elected to each House, otherwise direct; said vote to be taken by yeas and nays, and entered upon the journals." It has been amended once.		As adopted in 1876, this section read: "No laws passed by the Legislature, except the general appropriation act, shall take effect or go into force until ninety days after the adjournment of the session at which it was enacted, unless in case of an emergency which emergency must be expressed in a preamble or in the body of the act, the Legislature shall, by a vote of two-thirds of all the members elected to each House, otherwise direct; said vote to be taken by yeas and nays, and entered upon the journals." It has been amended once.

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	~~None.~~

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	* ''Caples v. Cole'', 102 S.W.2d 173, [https://texaslegalguide.com/images/~~102_S.W.2d_173~~.pdf#page=4 176] (Tex. 1937) ("[T]he rule prescribed by the Constitution also applies to amendments and reports of conference committees. . . . If such were the rule, the vote on the original bill would control as to whether it became a law immediately after its final passage, and not the final vote subsequently taken on the amendments placed thereon by the other branch of the Legislature, and the plain provision of the Constitution requiring that it be adopted by a vote of two-thirds of all the members of each house, in order to declare an emergency, could be evaded.")		* ''Caples v. Cole'', 102 S.W.2d 173, [https://texaslegalguide.com/images/102_SW2_173.pdf#page=4 176] (Tex. 1937) ("[T]he rule prescribed by the Constitution also applies to amendments and reports of conference committees. . . . If such were the rule, the vote on the original bill would control as to whether it became a law immediately after its final passage, and not the final vote subsequently taken on the amendments placed thereon by the other branch of the Legislature, and the plain provision of the Constitution requiring that it be adopted by a vote of two-thirds of all the members of each house, in order to declare an emergency, could be evaded.")

	* ''Missouri, K. & T. Ry. Co. v. State'', 100 S.W. 766, [https://texaslegalguide.com/images/~~Vol_100_SWR_766~~.pdf#page=3 768] (Tex. 1907) ("The act under examination did not have the emergency declaration; hence it did not go into effect until the 14th day of July, 1905. But that fact will not affect the question of its validity, for the railroads were not required to take notice of it until it became operative. . . . There is a conflict in the authorities upon this point, but we believe those cited are supported by the better reasoning. The words, 'or go into force,' used in our Constitution, emphasizes the idea that the law is without vitalilty [sic] until the 90 days shall expire.")		* ''Missouri, K. & T. Ry. Co. v. State'', 100 S.W. 766, [https://texaslegalguide.com/images/100_SW_766.pdf#page=3 768] (Tex. 1907) ("The act under examination did not have the emergency declaration; hence it did not go into effect until the 14th day of July, 1905. But that fact will not affect the question of its validity, for the railroads were not required to take notice of it until it became operative. . . . There is a conflict in the authorities upon this point, but we believe those cited are supported by the better reasoning. The words, 'or go into force,' used in our Constitution, emphasizes the idea that the law is without vitalilty [sic] until the 90 days shall expire.")

	* ''Halbert v. San Saba Springs Land & Live-Stock Ass'n'', 34 S.W. 639, [https://texaslegalguide.com/images/Vol_034_SWR_639.pdf 639] (Tex. 1896) ("The object of the constitutional convention in prescribing a period of time within which no law enacted by the legislature should be operative was to give notice to the people of its passage, that they might obey it when it should become effective, and also to enable them to adjust their affairs to the change made, if any. Price v. Hopkin, 13 Mich. 325. . . . [T]hat is, 90 full days must expire between the adjournment of the legislature and the taking effect of the law. O'Connor v. Towns, 1 Tex. 107.")		* ''Halbert v. San Saba Springs Land & Live-Stock Ass'n'', 34 S.W. 639, [https://texaslegalguide.com/images/Vol_034_SWR_639.pdf 639] (Tex. 1896) ("The object of the constitutional convention in prescribing a period of time within which no law enacted by the legislature should be operative was to give notice to the people of its passage, that they might obey it when it should become effective, and also to enable them to adjust their affairs to the change made, if any. Price v. Hopkin, 13 Mich. 325. . . . [T]hat is, 90 full days must expire between the adjournment of the legislature and the taking effect of the law. O'Connor v. Towns, 1 Tex. 107.")

	\|seo_title=Article III, Section _ of the Texas Constitution (" ~~...~~ ")		\|seo_title=Article III, Section 39 of the Texas Constitution ("Time of Taking Effect of Laws")
	\|seo_keywords=Article 3 Section _, Texas Legislature, ...		\|seo_keywords=Article 3 Section 39, Texas Legislature, ...
	\|seo_description=The legislative power of Texas is vested in a Senate and House of Representatives.		\|seo_description=The legislative power of Texas is vested in a Senate and House of Representatives.
	\|seo_image=Texas_Constitution_of_1876_Article_3.jpg		\|seo_image=Texas_Constitution_of_1876_Article_3.jpg

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	* ''Halbert v. San Saba Springs Land & Live-Stock Ass'n'', 34 S.W. 639, [https://texaslegalguide.com/images/Vol_034_SWR_639.pdf 639] (Tex. 1896) ("The object of the constitutional convention in prescribing a period of time within which no law enacted by the legislature should be operative was to give notice to the people of its passage, that they might obey it when it should become effective, and also to enable them to adjust their affairs to the change made, if any. Price v. Hopkin, 13 Mich. 325. . . . [T]hat is, 90 full days must expire between the adjournment of the legislature and the taking effect of the law. O'Connor v. Towns, 1 Tex. 107.")		* ''Halbert v. San Saba Springs Land & Live-Stock Ass'n'', 34 S.W. 639, [https://texaslegalguide.com/images/Vol_034_SWR_639.pdf 639] (Tex. 1896) ("The object of the constitutional convention in prescribing a period of time within which no law enacted by the legislature should be operative was to give notice to the people of its passage, that they might obey it when it should become effective, and also to enable them to adjust their affairs to the change made, if any. Price v. Hopkin, 13 Mich. 325. . . . [T]hat is, 90 full days must expire between the adjournment of the legislature and the taking effect of the law. O'Connor v. Towns, 1 Tex. 107.")

			\|seo_title=Article III, Section _ of the Texas Constitution (" ... ")
			\|seo_keywords=Article 3 Section _, Texas Legislature, ...
			\|seo_description=The legislative power of Texas is vested in a Senate and House of Representatives.
			\|seo_image=Texas_Constitution_of_1876_Article_3.jpg
			\|seo_image_alt=Article III: Legislative Department

	}}		}}

	[[Category:TxCon ArtIII Sec]]		[[Category:TxCon ArtIII Sec]]

imported>Admin at 21:09, January 1, 2023

2023-01-01T21:09:52Z

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{{DISPLAYTITLE:Article III, Section 39 of the Texas Constitution (''<small>"Time of Taking Effect of Laws"</small>'')}}{{Texas Constitution|text=As amended November 2, 1999:

'''No law passed by the Legislature, except the general appropriation act, shall take effect or go into force until ninety days after the adjournment of the session at which it was enacted, unless the Legislature shall, by a vote of two-thirds of all the members elected to each House, otherwise direct; said vote to be taken by yeas and nays, and entered upon the journals.'''

|editor=

As adopted in 1876, this section read: "No laws passed by the Legislature, except the general appropriation act, shall take effect or go into force until ninety days after the adjournment of the session at which it was enacted, unless in case of an emergency which emergency must be expressed in a preamble or in the body of the act, the Legislature shall, by a vote of two-thirds of all the members elected to each House, otherwise direct; said vote to be taken by yeas and nays, and entered upon the journals." It has been amended once.

|other=

None.

|recent=

* ''BIC Pen Corp. v. Carter'', 251 S.W.3d 500, [https://scholar.google.com/scholar_case?case=8808518267344329947#p511 511] (Tex. 2008) (citations omitted) ("The vote was taken by a recorded vote. The next day, the Legislature adopted Senate Resolution 66, which amended House Bill 2415 by changing its cap on the post-judgment interest rate from the yield on United States Treasury Bills to the prime rate as published by the Federal Reserve Bank of New York. While the resolution was adopted without objection, the vote was not recorded, and thus under the Constitution did not qualify for expedited effect but rather took effect on September 1, 2003.")

|historic=

* ''Caples v. Cole'', 102 S.W.2d 173, [https://texaslegalguide.com/images/102_S.W.2d_173.pdf#page=4 176] (Tex. 1937) ("[T]he rule prescribed by the Constitution also applies to amendments and reports of conference committees. . . . If such were the rule, the vote on the original bill would control as to whether it became a law immediately after its final passage, and not the final vote subsequently taken on the amendments placed thereon by the other branch of the Legislature, and the plain provision of the Constitution requiring that it be adopted by a vote of two-thirds of all the members of each house, in order to declare an emergency, could be evaded.")

* ''Missouri, K. & T. Ry. Co. v. State'', 100 S.W. 766, [https://texaslegalguide.com/images/Vol_100_SWR_766.pdf#page=3 768] (Tex. 1907) ("The act under examination did not have the emergency declaration; hence it did not go into effect until the 14th day of July, 1905. But that fact will not affect the question of its validity, for the railroads were not required to take notice of it until it became operative. . . . There is a conflict in the authorities upon this point, but we believe those cited are supported by the better reasoning. The words, 'or go into force,' used in our Constitution, emphasizes the idea that the law is without vitalilty [sic] until the 90 days shall expire.")

* ''Halbert v. San Saba Springs Land & Live-Stock Ass'n'', 34 S.W. 639, [https://texaslegalguide.com/images/Vol_034_SWR_639.pdf 639] (Tex. 1896) ("The object of the constitutional convention in prescribing a period of time within which no law enacted by the legislature should be operative was to give notice to the people of its passage, that they might obey it when it should become effective, and also to enable them to adjust their affairs to the change made, if any. Price v. Hopkin, 13 Mich. 325. . . . [T]hat is, 90 full days must expire between the adjournment of the legislature and the taking effect of the law. O'Connor v. Towns, 1 Tex. 107.")

}}

[[Category:TxCon ArtIII Sec]]