Texas Constitution:Article III, Section 56: Difference between revisions

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This important section generally prohibits the enactment of so-called "special" or "local" laws.
This important section generally prohibits the enactment of so-called "special" or "local" laws.


What constitutes a special law or a local law, like much of the jurisprudence regarding this legislative restriction, is often unclear. Cf. Restrictions Upon Local and Special Legislation in State Constitutions Charles Chauncey Binney Kay & Brother 1894 at 25-26 ("(1) A general law is one which applies to and operates uniformly upon all members of any class of persons, places or things, requiring legislation peculiar to itself in the matter covered by the law. (2) A special law is one which relates either to particular persons, places or things, or to persons, places or things which, though not particularized, are separated, by any method of selection, from the whole class to which the law might, but for such limitation, be applicable. (3) A local law is one whose operation is confined within territorial limits other than those of the whole State or any properly constituted class of localities therein.").
What constitutes a special law or a local law, like much of the jurisprudence regarding this legislative restriction, is often unclear. Cf. Restrictions Upon Local and Special Legislation in State Constitutions Charles Chauncey Binney Kay & Brother 1894 at [https://books.google.com/books?id=lXQ1AQAAMAAJ&pg=PA25#v=onepage&q&f=false 25-26] ("(1) A general law is one which applies to and operates uniformly upon all members of any class of persons, places or things, requiring legislation peculiar to itself in the matter covered by the law. (2) A special law is one which relates either to particular persons, places or things, or to persons, places or things which, though not particularized, are separated, by any method of selection, from the whole class to which the law might, but for such limitation, be applicable. (3) A local law is one whose operation is confined within territorial limits other than those of the whole State or any properly constituted class of localities therein.").


Roughly two-thirds of state constitutions contain one or more provisions addressing the subject. Some of the provisions are relatively short and some are rather lengthy.
Roughly two-thirds of state constitutions contain one or more provisions addressing the subject. Some of the provisions are relatively short and some are rather lengthy.

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