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Texas Constitution:Article III, Section 56: Difference between revisions
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Texas Constitution:Article III, Section 56 (view source)
Revision as of 10:05, August 23, 2023
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This key section generally prohibits the enactment of so-called "special" or "local" laws. | This key section generally prohibits the enactment of so-called "special" or "local" laws. | ||
The constitutions of about two-thirds of the states have one or more provisions addressing the subject. Some of the provisions are relatively short and some are rather lengthy | The constitutions of about two-thirds of the states have one or more provisions addressing the subject. Some of the provisions are relatively short and some are rather lengthy. | ||
" | A side-by-side comparison reflects that this section, as adopted in 1876, was based in large part on the "long-form" provision (Art. IV, Sec. 53) contained in the Missouri Constitution of 1875, which read in part: "The General Assembly shall not pass any local or special law: Authorizing the creation, extension or impairing of liens; Regulating the affairs of counties, cities, townships, wards or school districts; . . . Legalizing the unauthorized or invalid acts of any officer or agent of the State, or of any county or municipality thereof. In all other cases, where a general law can be made applicable, no local or special law shall be enacted; and whether a general law could have been made applicable in any case, is hereby declared a judicial question, and as such shall be judicially determined without regard to any legislative assertion on that subject. Nor shall the General Assembly indirectly enact such special or local law by the partial repeal of a general law; but laws repealing local or special acts may be passed." | ||
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. | ||