Article III, Section 56 of the Texas Constitution–discussion page

Add topic
Revision as of 20:04, August 29, 2023 by Admin (talk | contribs) (→‎reviewed)

This page is available for comment and discussion regarding the page Article III, Section 56 of the Texas Constitution.

add ?

City and County Home Rule in Texas John Pirie Keith 1951

Morrison v. Bachert, 112 Pa. 322, 328 (purpose of restriction)

Ayars' App., 122 Pa. 266, 277 !!!!!

Colley v. Jasper County, 337 Mo. 503, 85 SW2d 57

Owen v. Baer (1899) 154 Mo. 434, 479-493, 55 S.W. 644, 657-661

https://cite.case.law/pdf/967955/Owen%20v.%20Baer,%20154%20Mo.%20434%20(1900).pdf

reviewed

x Juliff Gardens v. TCEQ, 131 S.W.3d 271 (TCA 2004)

x Scurlock P. v. Brazos Co., 869 S.W.2d 478 (TCA 1993 denied)

x Suburban Ut. Co. v. State, 553 S.W.2d 396 (TCA 1977 nre)

x Inman v. Rr Comm., 478 S.W.2d 124 (TCA 1972 nre)

x Langdeau v. Bouknight, 162 Tex. 42, 344 S.W.2d 435 (1961)

x Wood v. Wood, 159 Tex. 350, 320 S.W.2d 807 (1959)

x Rios v. State, 162 Tex.Crim. 609, 288 S.W.2d 77 (1955)

x Atwood v. Willacy Co. ND, 284 S.W.2d 275 (TCA 1955 nre)

x San Antonio v. State, 270 S.W.2d 460 (TCA 1954 refd)

x Lamon v. Ferguson, 213 S.W.2d 86 (TCA 1948)

x TG County v. Proffitt, 195 S.W.2d 845 (TCA 1946 woj)

x Jones v. Anderson, 189 S.W.2d 65 (TCA 1946 refd)

x Oakley v. Kent, 181 S.W.2d 919 (TCA 1944)

x Jameson v. Smith, 161 S.W.2d 520 (TCA 1942)

x King v. Sheppard, 157 S.W.2d 682 (TCA 1941 wm)

x Wood v. Marfa I.S.D, 123 S.W.2d 429 (TCA 1939 revog)

x Watson v. Sabine Royalty Co., 120 S.W.2d 938 (TCA 1938 refd)

x Brownfield v. Tongate, 109 S.W.2d 352 (TCA 1937)

x Ex Parte Heiling, 128 Tex.Cr.Rep. 399, 82 S.W.2d 644 (1935)

x State v. Hall, 76 S.W.2d 880 (TCA 1934 dismd)

x Womack v. Carson, 123 Tex. 260, 65 S.W.2d 485 (1933)

x Randolph v State, 36 S.W.2d 484 (Tex.Crim.App. 1931)

x Stephensen v. Wood, 119 Tex. 564, 34 S.W.2d 246 (1931)

x NT Traction Co. v. Bryan, 116 Tex. 479, 294 S.W. 527 (1927)

x Harris County v. Crooker, 112 Tex. 450, 248 S.W. 652 (1923)

x Ward v. Harris County, 209 S.W. 792 (TCA 1919)

x Altgelt v. Gutzeit, 109 Tex. 123, 201 S.W. 400 (1918)

x Smith v. State, 54 TCA 298, 113 S.W. 289 (1908) (!dissent!)

x Logan v. State, 54 TCA 74, 111 SW 1028 (1908)

x Reed v. Rogan, 94 Tex. 177, 59 S.W. 255 (1900)

x Cordova v. State, 6 TCA 207 (1879)

x Opinion No. O-5326 (1943)

brief

almost every local law affects people residing outside the locality, the distinction between general and local laws would seem, under the doctrine of these cases, to be very indefinite

The prohibition against special legislation will be practically a dead letter. As it is the practice in the Legislature to yield and grant any local measure asked by any representative in that body, it is only necessary to demand a particular enactment for a special purpose, and if there is no constitutional constraint, it is passed as a matter of course. The legislative discretion in such cases extend only to the representations of the member who is interested in the passage of the bill.

All counties where the same circumstances exist must have the same form of government.

so that a law for one class can reasonably be expected to work equally well for every member of the class; while, if it works ill, it is almost certain to do so in every case, and that for some cause which lies deeper than the mere fact that the law is general. The number of places necessarily affected by a law prevents, moreover, the enactment of laws designed in the interest of one place only. If such a law be against the interest of the other communities affected by it, they will oppose its passage, and thus the unfair grant of special privileges will be prevented

there is a legitimate relationship between the size of a city and the privilege of detaching a portion of its territory and the statute, based upon such relationship, is a valid statute

The classification adopted must rest on real or substantial distinctions which renders one class, in truth, distinct or different from another class. There must exist reasonable justification for the class, that is, the basis of the classification invoked must be a direct relation to the purpose of the law.

Regarding population brackets: real or substantial distinctions which render one class distinct or different from another class and the basis of the classification must have a direct relation to the purpose of the law

It is important to remember that originally the prohibition against special legislation was an attempt to correct two main legislative abuses: (1) special bills were jeopardizing local autonomy; and (2) they were consuming too much of the legislator's time, at the expense of general or state-wide legislation. Today-three-quarters of a century later-those same abuses are still prevalent. 28 TLR 829, 842

Return to "Article III, Section 56" page.