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 key section generally prohibits the enactment of special or local laws. Approximately two-thirds of state constitution have one or more provisions addressing this matter.
This key section generally prohibits the enactment of special or local laws. Approximately two-thirds of state constitution have one or more provisions addressing this matter.


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 or special bills authorized by the Texas Constitution are bills:
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.
(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).
 
 
 
Such provisions serve a variety of purposes. Two are: (1) preventing the Legislature from usurping local control; and (2) providing more time for the Legislature to address statewide matters.


What constitutes a local law or a special law, like much of the jurisprudence regarding this legislative restriction, is often unclear. Cf. Restrictions Upon Local and Special Legislation in State Constitutions 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 local law or a special law, like much of the jurisprudence regarding this legislative restriction, is often unclear. Cf. Restrictions Upon Local and Special Legislation in State Constitutions 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.").
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