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

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This key section generally prohibits the enactment of local or special laws. Approximately two-thirds of state constitution have some provision addressing this matter.
This key section generally prohibits the enactment of special or local laws. Approximately two-thirds of state constitution have one or more provisions addressing this matter.


Such provisions serve a variety of purposes. Two are: (1) preventing the Legislature from usurping local control; and (2) providing more time for the Legislature to address statewide matters.
Such provisions serve a variety of purposes. Two are: (1) preventing the Legislature from usurping local control; and (2) providing more time for the Legislature to address statewide matters.


The definition of a local law and a special law, like much of the jurisprudence regarding this prohibition, is not clear. Cf.  
What constitutes a local law or a special law, like much of the jurisprudence regarding this legislative restriction, is often unclear. Cf. Restrictions Upon Local and Special Legislation in State Constitutions 25-26 ("(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.").
 
 


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