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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)

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* ''Rodriguez v. Gonzales'', 227 S.W.2d 791, [https://scholar.google.com/scholar_case?case=18224133104924555465#p793 793] (Tex. 1950) ("The primary purpose back of the adoption of this section was to secure that uniformity in the application of law which is essential to an ordered society. The section is not of doubtful construction, but is a plain mandate from the people to the Legislature. The prohibition is against any 'local or special law.' We are not concerned with any distinctions which may be drawn between a local law and a special law, for in our opinion the Act under review is both a local and a special law within the meaning of the constitutional provision. This is so clear to our minds that we shall not discuss the question at length.")
* ''Rodriguez v. Gonzales'', 227 S.W.2d 791, [https://scholar.google.com/scholar_case?case=18224133104924555465#p793 793] (Tex. 1950) ("The primary purpose back of the adoption of this section was to secure that uniformity in the application of law which is essential to an ordered society. The section is not of doubtful construction, but is a plain mandate from the people to the Legislature. The prohibition is against any 'local or special law.' We are not concerned with any distinctions which may be drawn between a local law and a special law, for in our opinion the Act under review is both a local and a special law within the meaning of the constitutional provision. This is so clear to our minds that we shall not discuss the question at length.")


* ''State Highway Department v. Gorham'', 162 S.W.2d 934, [https://texaslegalguide.com/images/162_S.W.2d_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.")


* ''Miller v. El Paso County'', 150 S.W.2d 1000, [https://texaslegalguide.com/images/150_S.W.2d_1000.pdf#page=2 1001] (Tex. 1941) ("It is intended to prevent the granting of special privileges and to secure uniformity of law throughout the State as far as possible. It is said that at an early period in many of the states the practice of enacting special and local laws became 'an efficient means for the easy enactment of laws for the advancement of personal rather than public interests, and encouraged the reprehensible practice of trading and 'logrolling.<nowiki>''</nowiki> It was for the suppression of such practices that such a provision was adopted in this and many of the other states of the Union. 25 R.C.L., p. 820, § 68.")
* ''Miller v. El Paso County'', 150 S.W.2d 1000, [https://texaslegalguide.com/images/150_S.W.2d_1000.pdf#page=2 1001] (Tex. 1941) ("It is intended to prevent the granting of special privileges and to secure uniformity of law throughout the State as far as possible. It is said that at an early period in many of the states the practice of enacting special and local laws became 'an efficient means for the easy enactment of laws for the advancement of personal rather than public interests, and encouraged the reprehensible practice of trading and 'logrolling.<nowiki>''</nowiki> It was for the suppression of such practices that such a provision was adopted in this and many of the other states of the Union. 25 R.C.L., p. 820, § 68.")
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