TLG

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

Constitution Discussion

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

Revision as of 15:13, August 23, 2023

133 bytes removed ,  August 23, 2023
m
no edit summary
mNo edit summary
mNo edit summary
Line 13: Line 13:
Roughly two-thirds of state constitutions contain one or more provisions addressing the subject. Some of the provisions are relatively short and some are rather lengthy.
Roughly two-thirds of state constitutions contain one or more provisions addressing the subject. Some of the provisions are relatively short and some are rather lengthy.


Note that an [https://texashistory.unt.edu/ark:/67531/metapth6731/m1/237/ amendment] to the Texas Constitution of 1869, that was ratified by the Legislature in January 1874, provided: "The legislature shall not pass local or special laws in any of the following enumerated cases: that is to say, [1] for locating or changing county seats, regulating county or town affairs, [2] regulating the practice in courts of justice, [3] regulating the duties and jurisdiction of justices of the peace and constables, [4] providing for changes of venue in civil and criminal causes, [5] incorporating cities and towns, or changing or amending the charter of any city or village, [6] providing for the management of common schools, [7] regulating the rates of interest on money, [8] remitting fines, penalties, or forfeitures, [9] changing the law of descent. In all other cases when a general law can be made applicable, no special law shall be enacted; or in any case when a general law can be made applicable, no special law shall be enacted. The legislature shall enact general laws providing for the cases before enumerated in this section, and for all other cases which, in its judgment, may be provided by general laws."
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.
 
An [https://texashistory.unt.edu/ark:/67531/metapth6731/m1/237/ amendment] to the Texas Constitution of 1869, that was ratified by the Legislature in January 1874, provided: "The legislature shall not pass local or special laws in any of the following enumerated cases: that is to say, [1] for locating or changing county seats, regulating county or town affairs, [2] regulating the practice in courts of justice, [3] regulating the duties and jurisdiction of justices of the peace and constables, [4] providing for changes of venue in civil and criminal causes, [5] incorporating cities and towns, or changing or amending the charter of any city or village, [6] providing for the management of common schools, [7] regulating the rates of interest on money, [8] remitting fines, penalties, or forfeitures, [9] changing the law of descent. In all other cases when a general law can be made applicable, no special law shall be enacted; or in any case when a general law can be made applicable, no special law shall be enacted. The legislature shall enact general laws providing for the cases before enumerated in this section, and for all other cases which, in its judgment, may be provided by general laws."


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. [https://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=1002&context=mo_constitutions_race&#page=33 53]) contained in the Missouri Constitution of 1875, which read in part: "The General Assembly shall not pass any local or special law: [1] Authorizing the creation, extension or impairing of liens; [2] 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."
However, a side-by-side comparison reflects that this section (as adopted) was based in large part on the "long-form" provision (Art. IV, Sec. [https://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=1002&context=mo_constitutions_race&#page=33 53]) contained in the Missouri Constitution of 1875, which read in part: "The General Assembly shall not pass any local or special law: [1] Authorizing the creation, extension or impairing of liens; [2] Regulating the affairs of counties, cities, townships, wards or school districts; . . . 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 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 (" ... .")
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.


|recent=
|recent=
Retrieved from "https://texaslegalguide.com/Special:MobileDiff/6583"