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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)
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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. A side-by-side comparison reflects that this section, as adopted in 1876, was based in large part on | 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. | ||
The primary types of local or special bills authorized by the | 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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|seo_title=Featured Article: Article III, Section 56 of the Texas Constitution ("Local and Special Laws") | |seo_title=Featured Article: Article III, Section 56 of the Texas Constitution ("Local and Special Laws") | ||
|seo_keywords=Article 3 Section 56, special laws, local laws | |seo_keywords=Article 3 Section 56, special laws, local laws | ||
|seo_description=This key section generally prohibits the enactment of special or local laws. | |seo_description=This key section generally prohibits the enactment of so-called "special" or "local" laws. | ||
|seo_image=Texas_Constitution_of_1876_Article_3.jpg | |seo_image=Texas_Constitution_of_1876_Article_3.jpg | ||
|seo_image_alt=Article III: Legislative Department | |seo_image_alt=Article III: Legislative Department | ||