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

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Texas Constitution:Article III, Section 56 (view source)

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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 jurispprudence in this area is within the national mainstream. Given the foregoing, the following is thought to be a fair summary of the applicable rule: A general law is one that relates to persons, things or places as a class; and that class is determined by a "distinguishing peculiarity" which bears a reasonable relation to the purpose for which the statute was enacted; and that class includes all relevant persons, things or places that may come within it at any future time. Note that the foregoing rule is often stated in different terms and, more importantly, bent or ignored by the court when necessary to reach a result the court believes just.
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 rule: A statute that relates to persons, things or places as a class is a general law when the designation class (1) is determined by a "distinguishing peculiarity" which bears a reasonable relation to the purpose for which the statute was enacted and (2) includes all relevant persons, things or places that may come within it at any future time. Note that the foregoing rule is often stated in different terms. Moreove, however stated, it is routinely bent or ignored by the court when necessary to reach a result the court believes just.


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