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Texas Constitution:Article III, Section 36 (view source)
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{{DISPLAYTITLE:Article III, Section 36 of the Texas Constitution (''<small>"Revival or Amendment by Reference Prohibited"</small>'')}}{{Texas Constitution|text=Adopted February 15, 1876: | {{DISPLAYTITLE:Article III, Section 36 of the Texas Constitution (''<small>"Revival or Amendment by Reference Prohibited"</small>'')}}{{Texas Constitution|text=Adopted February 15, 1876: | ||
'''No law shall be revived or amended by reference to its title; but in such case the act revived or the section or sections amended shall be re-enacted and published at length.''' | '''No law shall be revived or amended by reference to its title; but in such case the act revived, or the section or sections amended, shall be re-enacted and published at length.''' | ||
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* ''Henderson v. City of Galveston'', 114 S.W. 108, [https://texaslegalguide.com/images/114_SW_108.pdf#page=5 112] (Tex. 1908) ("But when the Legislature in enacting new legislation adopts the mode of amending existing laws, the Constitution speaks and prescribes a rule that must be followed. That was the mode expressly adopted here, and the amendment was attempted by 'adding to' the existing section. . . . But no authority cited, and none that we know of, has held that a section of a statute may be amended by adding words to it, without re-enacting the entire section as amended, and such a holding would be condemned by the plain words of the Constitution.") | * ''Henderson v. City of Galveston'', 114 S.W. 108, [https://texaslegalguide.com/images/114_SW_108.pdf#page=5 112] (Tex. 1908) ("But when the Legislature in enacting new legislation adopts the mode of amending existing laws, the Constitution speaks and prescribes a rule that must be followed. That was the mode expressly adopted here, and the amendment was attempted by 'adding to' the existing section. . . . But no authority cited, and none that we know of, has held that a section of a statute may be amended by adding words to it, without re-enacting the entire section as amended, and such a holding would be condemned by the plain words of the Constitution.") | ||
* ''Snyder v. Compton'', 28 S.W. 1061, [https://texaslegalguide.com/images/ | * ''Snyder v. Compton'', 28 S.W. 1061, [https://texaslegalguide.com/images/028_SW_1061.pdf#page=2 1062] (Tex. 1894) ("The practice [prohibited was] amending a statute by reference to its title, and by providing that it should be amended by adding to or striking out certain words, or by omitting certain language, and inserting in lieu thereof certain other words. It was not intended to prohibit the passage of a law which declared fully its provisions, without direct reference to any other act, although its effect should be to enlarge or restrict the operation of some other statutes. Similar provisions in other constitutions have been construed not to apply to implied amendments.") | ||
|seo_title=Article III, Section 36 of the Texas Constitution ("Revival or Amendment by Reference Prohibited") | |seo_title=Article III, Section 36 of the Texas Constitution ("Revival or Amendment by Reference Prohibited") | ||
|seo_keywords=Article 3 Section 36, | |seo_keywords=Article 3 Section 36, blind amendments, implied amendments | ||
|seo_description= | |seo_description=No law shall be revived or amended by reference to its title. | ||
|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 | ||