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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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However, rather than extending or otherwise modifying the January 1874 provision, this section instead closely tracked 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 recently-drafted 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; [3] Changing the names of persons or places; . . . 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, rather than extending or otherwise modifying the January 1874 provision, this section instead closely tracked 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 recently-drafted 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; [3] Changing the names of persons or places; . . . 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 was part of a "constitutional cleanup amendment." It made | This section has been amended once. The 2001 modification was part of a "constitutional cleanup amendment." It made some 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 the section. | ||
The primary types of local and/or special laws authorized by other parts of the constitution are laws: (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 laws authorized by other parts of the constitution are laws: (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 (" ... .") | ||