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Texas Constitution:Article III, Section 39 (view source)
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As adopted in 1876, this section read: "No | As adopted in 1876, this section read: "No law passed by the Legislature, except the general appropriation act, shall take effect or go into force until ninety days after the adjournment of the session at which it was enacted, unless in case of an emergency which emergency must be expressed in a preamble or in the body of the act, the Legislature shall, by a vote of two-thirds of all the members elected to each House, otherwise direct; said vote to be taken by yeas and nays, and entered upon the journals." It has been amended once. | ||
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* ''Missouri, K. & T. Ry. Co. v. State'', 100 S.W. 766, [https://texaslegalguide.com/images/100_SW_766.pdf#page=3 768] (Tex. 1907) ("The act under examination did not have the emergency declaration; hence it did not go into effect until the 14th day of July, 1905. But that fact will not affect the question of its validity, for the railroads were not required to take notice of it until it became operative. . . . There is a conflict in the authorities upon this point, but we believe those cited are supported by the better reasoning. The words, 'or go into force,' used in our Constitution, emphasizes the idea that the law is without vitalilty [sic] until the 90 days shall expire.") | * ''Missouri, K. & T. Ry. Co. v. State'', 100 S.W. 766, [https://texaslegalguide.com/images/100_SW_766.pdf#page=3 768] (Tex. 1907) ("The act under examination did not have the emergency declaration; hence it did not go into effect until the 14th day of July, 1905. But that fact will not affect the question of its validity, for the railroads were not required to take notice of it until it became operative. . . . There is a conflict in the authorities upon this point, but we believe those cited are supported by the better reasoning. The words, 'or go into force,' used in our Constitution, emphasizes the idea that the law is without vitalilty [sic] until the 90 days shall expire.") | ||
* ''Halbert v. San Saba Springs Land & Live-Stock Ass'n'', 34 S.W. 639, [https://texaslegalguide.com/images/ | * ''Halbert v. San Saba Springs Land & Live-Stock Ass'n'', 34 S.W. 639, [https://texaslegalguide.com/images/034_SW_639.pdf 639] (Tex. 1896) ("The object of the constitutional convention in prescribing a period of time within which no law enacted by the legislature should be operative was to give notice to the people of its passage, that they might obey it when it should become effective, and also to enable them to adjust their affairs to the change made, if any. Price v. Hopkin, 13 Mich. 325. . . . [T]hat is, 90 full days must expire between the adjournment of the legislature and the taking effect of the law. O'Connor v. Towns, 1 Tex. 107.") | ||
|seo_title=Article III, Section 39 of the Texas Constitution ("Time of Taking Effect of Laws") | |seo_title=Article III, Section 39 of the Texas Constitution ("Time of Taking Effect of Laws") | ||
|seo_keywords=Article 3 Section 39, | |seo_keywords=Article 3 Section 39, effective date, expedited effect | ||
|seo_description=The | |seo_description=The object of this section was to give notice to the people of the passage of new laws. | ||
|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 | ||