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Texas Constitution:Article III, Section 12: Difference between revisions

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Texas Constitution:Article III, Section 12 (view source)

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The "enrolled bill" rule generally limits the use of information in the journals by litigants alleging that the Legislature failed to comply with constitutionally mandated procedures.
The "enrolled bill" rule generally limits the use of information in the journals by litigants alleging that the Legislature failed to comply with constitutionally mandated procedures.
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* ''Ass'n of Tex. Prof'l Educators v. Kirby'', 788 S.W.2d 827, [https://scholar.google.com/scholar_case?case=9695868291263303461#p830 830] (Tex. 1990) ("We therefore recognize as a narrow exception to the enrolled bill rule that when the official legislative journals, undisputed testimony by the presiding officers of both houses, and stipulations by the attorney general acting in his official capacity conclusively show the enrolled bill signed by the governor was not the bill passed by the legislature, the law is not constitutionally enacted. When the official legislative journals, presiding officers and attorney general all concur that the enrolled bill is not the bill passed by the legislature, the exception applies as a matter of law.")
* ''Ass'n of Tex. Prof'l Educators v. Kirby'', 788 S.W.2d 827, [https://scholar.google.com/scholar_case?case=9695868291263303461#p830 830] (Tex. 1990) ("We therefore recognize as a narrow exception to the enrolled bill rule that when the official legislative journals, undisputed testimony by the presiding officers of both houses, and stipulations by the attorney general acting in his official capacity conclusively show the enrolled bill signed by the governor was not the bill passed by the legislature, the law is not constitutionally enacted. When the official legislative journals, presiding officers and attorney general all concur that the enrolled bill is not the bill passed by the legislature, the exception applies as a matter of law.")


* ''Denison v. State'', 61 S.W.2d 1022, [https://texaslegalguide.com/images/061_S.W.2d_1022.pdf#page=3 1024] (Tex. 1933) ("We would have quite a different case if we had before us a contention that Mr. Denison did receive a two-thirds vote of the Senate present; that the letter of Mr. Barker, its secretary, was incorrect; and that the Journal entry, to the effect that he had not been confirmed, was untrue. We would then be confronted with a very delicate and important question [] as to whether or not the courts may go behind the Journal entries of the Senate. Here, however, there is no question of the inaccuracy or incorrectness of the Journal entry, or of the letter of the Secretary of the Senate.")
* ''Denison v. State'', 61 S.W.2d 1022, [https://texaslegalguide.com/images/061_SW2_1022.pdf#page=3 1024] (Tex. 1933) ("We would have quite a different case if we had before us a contention that Mr. Denison did receive a two-thirds vote of the Senate present; that the letter of Mr. Barker, its secretary, was incorrect; and that the Journal entry, to the effect that he had not been confirmed, was untrue. We would then be confronted with a very delicate and important question [] as to whether or not the courts may go behind the Journal entries of the Senate. Here, however, there is no question of the inaccuracy or incorrectness of the Journal entry, or of the letter of the Secretary of the Senate.")


* ''Jackson v. Walker'', 49 S.W.2d 693, [https://texaslegalguide.com/images/049_S.W.2d_693.pdf#page=2 694] (Tex. 1932) ("This is a very interesting question, but to review the decisions of the various courts [in other states] bearing upon this question would prolong this opinion beyond its proper length. The rule has long been established in this state that a duly authenticated, approved, and enrolled statute imports absolute verity and is conclusive; that the act was passed in every respect as designated by the Constitution; and that resort may not be had to the proclamation of the Governor and to the journals of the two houses to invalidate the law. This rule has been followed by the various courts of this state.")
* ''Jackson v. Walker'', 49 S.W.2d 693, [https://texaslegalguide.com/images/049_S.W.2d_693.pdf#page=2 694] (Tex. 1932) ("This is a very interesting question, but to review the decisions of the various courts [in other states] bearing upon this question would prolong this opinion beyond its proper length. The rule has long been established in this state that a duly authenticated, approved, and enrolled statute imports absolute verity and is conclusive; that the act was passed in every respect as designated by the Constitution; and that resort may not be had to the proclamation of the Governor and to the journals of the two houses to invalidate the law. This rule has been followed by the various courts of this state.")
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