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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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What constitutes a local or special law, like much of the jurisprudence regarding this type of restriction, is rather indefinite. Cf. Charles Binney, ''Restrictions Upon Local and Special Legislation in State Constitutions'' [https://books.google.com/books?id=lXQ1AQAAMAAJ&newbks=1&newbks_redir=0&pg=PA25#v=onepage&q&f=false 25-26] (1894) ("(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 or special law, like much of the jurisprudence regarding this type of restriction, is rather indefinite. Cf. Charles Binney, ''Restrictions Upon Local and Special Legislation in State Constitutions'' [https://books.google.com/books?id=lXQ1AQAAMAAJ&newbks=1&newbks_redir=0&pg=PA25#v=onepage&q&f=false 25-26] (1894) ("(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.").


Roughly three-fourths of state constitutions contain one or more provisions restricting the enactment of local laws and special laws. Some of the provisions are relatively simple and some, referred to by some commentators as laundry lists, are rather lengthy. Such provisions serve a variety of purposes, including: (1) preventing the Legislature from usurping local government control over public policy matters normally handled locally (i.e., stopping the Legislature "from meddling in local matters"); and (2) reserving more time for the Legislature to study, debate and address public policy matters of statewide importance.
For more than a hundred years, approximately three-fourths of state constitutions have contained provisions restricting the enactment of local and special laws. Some of the provisions are relatively simple and some, sometimes referred to as laundry lists, are rather lengthy. Such provisions serve a variety of purposes, including: (1) preventing the Legislature from usurping local government control over public policy matters normally handled locally (i.e., stopping the Legislature "from meddling in local matters"); and (2) reserving more time for the Legislature to study, debate and address public policy matters important to the whole state.


The first broad prohibition on local laws and special laws to appear in a Texas constitution was added by amendment to the Texas Constitution of 1869. In January 1874, the provision was [https://texashistory.unt.edu/ark:/67531/metapth6731/m1/237/ ratified] by the Legislature and therefore became effective. It read: "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, [2] regulating county or town affairs, [3] regulating the practice in courts of justice, [4] regulating the duties and jurisdiction of justices of the peace and constables, [5] providing for changes of venue in civil and criminal causes, [6] incorporating cities and towns, or changing or amending the charter of any city or village, [7] providing for the management of common schools, [8] regulating the rates of interest on money, [9] remitting fines, penalties, or forfeitures, [10] 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."
The first broad prohibition on local and special laws to appear in a Texas constitution was added by amendment to the Texas Constitution of 1869. In January 1874, the provision was [https://texashistory.unt.edu/ark:/67531/metapth6731/m1/237/ ratified] by the Legislature and therefore became effective. It read: "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, [2] regulating county or town affairs, [3] regulating the practice in courts of justice, [4] regulating the duties and jurisdiction of justices of the peace and constables, [5] providing for changes of venue in civil and criminal causes, [6] incorporating cities and towns, or changing or amending the charter of any city or village, [7] providing for the management of common schools, [8] regulating the rates of interest on money, [9] remitting fines, penalties, or forfeitures, [10] 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."


Rather than expanding or otherwise modifying the January 1874 provision, this section, as adopted in 1876, instead closely tracked the lengthy 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."
Rather than expanding or otherwise modifying the January 1874 provision, this section, as adopted in 1876, instead closely tracked the lengthy 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."
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