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Texas Constitution:Article III, Section 56 (view source)
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* ''City of Irving v. Dallas/Fort Worth Int'l Airport Bd.'', 894 S.W.2d 456, [https://scholar.google.com/scholar_case?case=10636583677412860942#p467 467] (Tex.App.–Fort Worth 1995, denied) ("There is no doubt about the significance . . . . If ever a statute could be found not local or special 'even though its enforcement or operation is confined to a restricted area,' because 'persons or things throughout the State are affected thereby or if it operates upon a subject in which people at large are interested,' ''see id''. (citing ''Lower Colorado River Authority'', 83 S.W.2d at 629), Senate Bill 348 is such a measure. The Board is also correct in pointing out that Senate Bill 348 may in the future apply to other jointly-operated airports.") | * ''City of Irving v. Dallas/Fort Worth Int'l Airport Bd.'', 894 S.W.2d 456, [https://scholar.google.com/scholar_case?case=10636583677412860942#p467 467] (Tex.App.–Fort Worth 1995, denied) ("There is no doubt about the significance . . . . If ever a statute could be found not local or special 'even though its enforcement or operation is confined to a restricted area,' because 'persons or things throughout the State are affected thereby or if it operates upon a subject in which people at large are interested,' ''see id''. (citing ''Lower Colorado River Authority'', 83 S.W.2d at 629), Senate Bill 348 is such a measure. The Board is also correct in pointing out that Senate Bill 348 may in the future apply to other jointly-operated airports.") | ||
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("Article III, section 56 provides in pertinent part that '[t]he Legislature shall not, except as otherwise provided in this Constitution, pass any local or special law . . . [r]egulating the affairs of . . . school districts.' Appellants argue that Senate Bill 351 is such a special law. However, a special or local law is one that applies to a limited class of persons as distinguished by geography or some other special characteristic. Clark v. Finley, 93 Tex. 171, 54 S.W. 343, 345 (1899). By this definition, Senate Bill 351 is clearly not a special or local law: it applies generally to the entire State. The fact that sections of the statute assign particular school districts to CEDs does not make the law a special one inasmuch as it affects school districts throughout the state. Lower Colorado River Authority v. McCraw, 125 Tex. 268, 83 S.W.2d 629, 636 (1935). Thus, Senate Bill 351 does not violate article III, section 56.") | |||
* ''Kelly v. State'', 724 S.W.2d 42, [https://scholar.google.com/scholar_case?case=16914505811224644099#p47 47] (Tex.Crim.App. 1987) ("In a sense, Art. 1918c, supra, is a 'special or local' law as it is expressly limited to Dallas County. The intent of Art. III, Section 56 . . . was 'to combat corruption, personal privileges, and meddling in local affairs–or, conversely, to prevent a group from dashing to the Capitol to get something their local government would not give them.' Vol. 1, ''The Constitution of the State of Texas: An Annotated and Comparative Analysis'', at page 273. However, as the commentary to the section makes clear, that section of our Constitution has been rendered virtually meaningless by court decisions.") | * ''Kelly v. State'', 724 S.W.2d 42, [https://scholar.google.com/scholar_case?case=16914505811224644099#p47 47] (Tex.Crim.App. 1987) ("In a sense, Art. 1918c, supra, is a 'special or local' law as it is expressly limited to Dallas County. The intent of Art. III, Section 56 . . . was 'to combat corruption, personal privileges, and meddling in local affairs–or, conversely, to prevent a group from dashing to the Capitol to get something their local government would not give them.' Vol. 1, ''The Constitution of the State of Texas: An Annotated and Comparative Analysis'', at page 273. However, as the commentary to the section makes clear, that section of our Constitution has been rendered virtually meaningless by court decisions.") | ||