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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* ''Lower Colorado River Authority v. McCraw'', 83 S.W.2d 629, [https://texaslegalguide.com/images/083_SW2_629.pdf#page=8 636] (Tex. 1935) ("In the first place, it is settled that a statute is not local or special, within the meaning of this constitutional provision, even though its enforcement is confined to a restricted area, if persons or things throughout the state are affected thereby, or if it operates upon a subject that the people at large are interested in. ''Stephensen v. Wood'', 119 Tex. 564, 34 S.W.2d 246. An examination of this act convinces us that it operates upon a subject that the state at large is interested in. In fact, the business and operation of this district is not restricted to a particular area.")
* ''Lower Colorado River Authority v. McCraw'', 83 S.W.2d 629, [https://texaslegalguide.com/images/083_SW2_629.pdf#page=8 636] (Tex. 1935) ("In the first place, it is settled that a statute is not local or special, within the meaning of this constitutional provision, even though its enforcement is confined to a restricted area, if persons or things throughout the state are affected thereby, or if it operates upon a subject that the people at large are interested in. ''Stephensen v. Wood'', 119 Tex. 564, 34 S.W.2d 246. An examination of this act convinces us that it operates upon a subject that the state at large is interested in. In fact, the business and operation of this district is not restricted to a particular area.")
* ''Allison v. State'', 76 S.W.2d 527, [https://texaslegalguide.com/images/076_SW2_527.pdf#page=2 528] (Tex.Crim.App. 1934) ("We see nothing in the provisions of chapter 28, Acts Regular Session, 37th Legislature (1921), creating the county court at law No. one for Tarrant county, violative of any provision of our Constitution. The law creating said court is and was not a local or special law, such as is forbidden by the terms of section 56, art. 3, of our Constitution. While it is true of this, as of all courts, that the law creating same necessarily fixes territorial limits to its jurisdiction, the fact that such territorial limit is one or a number of counties, in no way operates to deprive such law of its character as a general law.")


* ''Smith v. State'', 49 S.W.2d 739, [https://texaslegalguide.com/images/049_SW2_739.pdf#page=5 743-44] (Tex.Crim.App. 1932) ("Again, the effort of the Legislature, by amending [the relevant statute], after the census of 1930 disclosed that McLennan county had by virtue of increased population passed beyond its operation, to hold McLennan county within the purview of the act, manifests, under the decisions, a purpose, by a pretended classification, to evade the constitutional inhibition, and, under the guise of such classification, to enact a law designed for McLennan county alone. . . . Hence the opinion is expressed that a violation of the provisions of article 3, § 56, of the Constitution is manifested.")
* ''Smith v. State'', 49 S.W.2d 739, [https://texaslegalguide.com/images/049_SW2_739.pdf#page=5 743-44] (Tex.Crim.App. 1932) ("Again, the effort of the Legislature, by amending [the relevant statute], after the census of 1930 disclosed that McLennan county had by virtue of increased population passed beyond its operation, to hold McLennan county within the purview of the act, manifests, under the decisions, a purpose, by a pretended classification, to evade the constitutional inhibition, and, under the guise of such classification, to enact a law designed for McLennan county alone. . . . Hence the opinion is expressed that a violation of the provisions of article 3, § 56, of the Constitution is manifested.")
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