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

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This section has been amended once. The 2001 modification, part of a "constitutional cleanup amendment," transferred (1) the prohibition against local and special laws that relieve a person from any public duty or service imposed by general law from Section 43, Article XVI and (2) the authority to enact local fence laws from Section 22, Article XVI.
This section has been amended once. The 2001 modification, part of a "constitutional cleanup amendment," transferred (1) the prohibition against local and special laws that relieve a person from any public duty or service imposed by general law from Section 43, Article XVI and (2) the authority to enact local fence laws from Section 22, Article XVI.


The primary types of local or special bills authorized by the Texas Constitution are bills: (1) creating or affecting a conservation and reclamation district, a category that includes various kinds of water-related districts and similar special-purpose districts (Section 59, Article XVI); (2) creating or affecting a hospital district (Sections 4 through 11, Article IX); (3) relating to the preservation of game and fish (Section 56(b)(1), Article III); (4) dealing with the courts system, including district courts, county courts, statutory county courts, and municipal courts (Sections 1, 7, 8, and 21, Article V); (5) creating or affecting a road utility district or various water-related districts and similar special-purpose districts (Section 52, Article III); (6) granting aid or a release from the payment of taxes in cases of public calamity (Section 51, Article III; Section 10, Article VIII); (7) creating or relating to the operation of airport authorities (Section 12, Article IX); (8) providing for the consolidation of governmental offices and functions of political subdivisions comprising or located in a county (Section 64, Article III); (9) relating to fence laws (Section 56(b)(2), Article III); (10) relating to stock laws (Section 23, Article XVI); or (11) providing for local road maintenance (Section 9(e), Article VIII).
The primary types of local and/or special bills "otherwise" authorized by the constitution are bills: (1) creating or affecting a conservation and reclamation district (Section 59, Article XVI); (2) creating or affecting a hospital district (Sections 4 through 11, Article IX); (3) relating to the preservation of game and fish (Section 56(b)(1), Article III); (4) dealing with the courts system (Sections 1, 7, 8, and 21, Article V); (5) creating or affecting a road utility district or various water-related districts and similar special-purpose districts (Section 52, Article III); (6) granting aid or a release from the payment of taxes in cases of public calamity (Section 51, Article III; Section 10, Article VIII); (7) creating or relating to the operation of airport authorities (Section 12, Article IX); (8) providing for the consolidation of governmental offices and functions of political subdivisions comprising or located in a county (Section 64, Article III); (9) relating to fence laws (Section 56(b)(2), Article III); (10) relating to stock laws (Section 23, Article XVI); or (11) providing for local road maintenance (Section 9(e), Article VIII). Cf. Section 23 of Article XVI (" ... .")


Such provisions serve a variety of purposes. Two are: (1) preventing the Legislature from usurping local government control of public policy matters that are only of local importance; and (2) providing more time for the Legislature to address public policy matters of statewide importance.
Such provisions serve a variety of purposes. Two are: (1) preventing the Legislature from usurping local government control of public policy matters that are only of local importance; and (2) providing more time for the Legislature to address public policy matters of statewide importance.

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