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

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This section has been amended once. The 2001 modification was part of a "constitutional cleanup amendment." It made stylistic changes and transferred the substance of Sections [[Texas Constitution:Article XVI, Section 22|22]] and [[Texas Constitution:Article XVI, Section 43|43]] of Article XVI to this section. The local and special laws authorized by other sections, either expressly or by implication, include laws: (1) creating or affecting a conservation and reclamation district (Article XVI, Section [[Texas Constitution:Article XVI, Section 59|59]]); (2) creating or affecting a hospital district (Article IX, Sections [[Texas Constitution:Article IX, Section 4|4]]-[[Texas Constitution:Article IX, Section 11|11]]); (3) concerning the court system (Article V, Sections [[Texas Constitution:Article V, Section 1|1]], [[Texas Constitution:Article V, Section 7|7]], [[Texas Constitution:Article V, Section 8|8]], & [[Texas Constitution:Article V, Section 21|21]]); (4) creating or affecting road or water districts (Article III, Section [[Texas Constitution:Article III, Section 52|52]]); (5) granting aid or a release from taxes in cases of public calamity (Article III, Section [[Texas Constitution:Article III, Section 51|51]], Article VIII, Section [[Texas Constitution:Article VIII, Section 10|10]]); (6) creating or affecting airport authorities (Article IX, Section [[Texas Constitution:Article IX, Section 12|12]]); (7) providing for consolidation of functions of political subdivisions (Article III, Section [[Texas Constitution:Article III, Section 64|64]]); (8) relating to stock laws (Article XVI, Section [[Texas Constitution:Article XVI, Section 23|23]]); and (9) providing for road maintenance (Article VIII, Section [[Texas Constitution:Article VIII, Section 9|9]]).
This section has been amended once. The 2001 modification was part of a "constitutional cleanup amendment." It made stylistic changes and transferred the substance of Sections [[Texas Constitution:Article XVI, Section 22|22]] and [[Texas Constitution:Article XVI, Section 43|43]] of Article XVI to this section. The local and special laws authorized by other sections, either expressly or by implication, include laws: (1) creating or affecting a conservation and reclamation district (Article XVI, Section [[Texas Constitution:Article XVI, Section 59|59]]); (2) creating or affecting a hospital district (Article IX, Sections [[Texas Constitution:Article IX, Section 4|4]]-[[Texas Constitution:Article IX, Section 11|11]]); (3) concerning the court system (Article V, Sections [[Texas Constitution:Article V, Section 1|1]], [[Texas Constitution:Article V, Section 7|7]], [[Texas Constitution:Article V, Section 8|8]], & [[Texas Constitution:Article V, Section 21|21]]); (4) creating or affecting road or water districts (Article III, Section [[Texas Constitution:Article III, Section 52|52]]); (5) granting aid or a release from taxes in cases of public calamity (Article III, Section [[Texas Constitution:Article III, Section 51|51]], Article VIII, Section [[Texas Constitution:Article VIII, Section 10|10]]); (6) creating or affecting airport authorities (Article IX, Section [[Texas Constitution:Article IX, Section 12|12]]); (7) providing for consolidation of functions of political subdivisions (Article III, Section [[Texas Constitution:Article III, Section 64|64]]); (8) relating to stock laws (Article XVI, Section [[Texas Constitution:Article XVI, Section 23|23]]); and (9) providing for road maintenance (Article VIII, Section [[Texas Constitution:Article VIII, Section 9|9]]).


The Texas jurisprudence regarding this section, like that of its sister states regarding similar provisions contained in their constitutions, is rather indefinite. However, as reflected by the decisions referenced below, the Texas jurisprucdence in this area is within the national mainstream. Therefore, the following rule is a fair summary of the applicable rules: A general law relates to persons or things as a class; that the class is determined by a "distinguishing peculiarity" which bears a reasonable relation to the purpose for which the statute was enacted; and that the class includes all things which may come within it at any future time.
The Texas jurisprudence regarding this section, like that of its sister states regarding similar provisions contained in their constitutions, is rather indefinite. However, as reflected by the decisions referenced below, the Texas jurispprudence in this area is within the national mainstream. Given the foregoing, the following is thought to be a fair summary of the applicable rules: A general law is one that relates to persons, things, or places as a class; the class is determined by a "distinguishing peculiarity" which bears a reasonable relation to the purpose for which the statute was enacted; and the class includes all things which may come within it at any future time. Note that the foregoing rules are often stated in different terms and, more importantly, bent or ignored when necessary to reach a reult the court believes is correct.


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