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

Jump to navigation Jump to search

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

Revision as of 19:49, September 12, 2023

106 bytes removed ,  September 12, 2023
m
no edit summary
mNo edit summary
Tag: Reverted
mNo edit summary
(4 intermediate revisions by the same user not shown)
Line 31: Line 31:
* ''Ford Motor Co. v. Sheldon'', 22 S.W.3d 444, [https://scholar.google.com/scholar_case?case=18021988528183648949#p451 451] (Tex. 2000) (citations omitted) ("We conclude that there is a reasonable basis for distinguishing class actions involving motor vehicle licensees from other class actions and that Section 6.06(g) operates equally on all within the class. First, '[a] statute is not local or special . . . if it operates on a subject in which people at large are interested.' Automobiles and related issues such as automobile safety are important subjects to the public. Automobiles are the primary means . . . . Thus, it is reasonable for the Legislature to ensure heightened judicial scrutiny of these class actions that affect so many individuals.")
* ''Ford Motor Co. v. Sheldon'', 22 S.W.3d 444, [https://scholar.google.com/scholar_case?case=18021988528183648949#p451 451] (Tex. 2000) (citations omitted) ("We conclude that there is a reasonable basis for distinguishing class actions involving motor vehicle licensees from other class actions and that Section 6.06(g) operates equally on all within the class. First, '[a] statute is not local or special . . . if it operates on a subject in which people at large are interested.' Automobiles and related issues such as automobile safety are important subjects to the public. Automobiles are the primary means . . . . Thus, it is reasonable for the Legislature to ensure heightened judicial scrutiny of these class actions that affect so many individuals.")


* ''Texas Boll Weevil Eradication Foundation v. Lewellen'', 952 S.W.2d 454, [https://scholar.google.com/scholar_case?case=14712011369692053572#p465 465] (Tex. 1997) (citation omitted) ("We thus hold that the Act, on its face and as applied to the growers, does not violate their right to equal protection. . . . Moreover, the growers contend that, because of the statute's classifications, it is a local or special law in violation of Article III, Section 56 of the Texas Constitution. A local law is limited to a specific geographic region of the State, while a special law is limited to a particular class of persons distinguished by some characteristic other than geography. Legislation does not violate Article III, Section 56, however, as long as there is a reasonable basis for its classifications. ''Id''. As explained above, the Act satisfies this test.")
* ''Texas Boll Weevil Eradication Foundation v. Lewellen'', 952 S.W.2d 454, [https://scholar.google.com/scholar_case?case=14712011369692053572#p465 465] (Tex. 1997) ("Moreover, the growers contend that, because of the statute's classifications, it is a local or special law . . . . A local law is limited to a specific geographic region of the State, while a special law is limited to a particular class of persons distinguished by some characteristic other than geography. ''See'' ''Maple Run at Austin Munic. Utility Dist. v. Monaghan'', 931 S.W.2d 941, 945 (Tex.1996). Legislation does not violate Article III, Section 56, however, as long as there is a reasonable basis for its classifications. ''Id''. As explained above, the Act satisfies this test.")


* ''Maple Run at Austin Munic. Utility Dist. v. Monaghan'', 931 S.W.2d 941, [https://scholar.google.com/scholar_case?case=9968420057480702546#p948 948-49] (Tex. 1996) ("It is well settled that Section 59(b) authorizes the Legislature to pass local legislation creating specific conservation and reclamation districts without violating Article III, Section 56. . . . Under these circumstances, Section 59 cannot reasonably be read as authorizing local legislation that arbitrarily singles out a community for financial regulation. For the foregoing reasons, we hold that section 43.082 is not authorized under Article XVI, Section 59 of the Texas Constitution, and therefore is a prohibited local law under Article III, Section 56.")
* ''Maple Run at Austin Munic. Utility Dist. v. Monaghan'', 931 S.W.2d 941, [https://scholar.google.com/scholar_case?case=9968420057480702546#p948 948-49] (Tex. 1996) ("It is well settled that Section 59(b) authorizes the Legislature to pass local legislation creating specific conservation and reclamation districts without violating Article III, Section 56. . . . Under these circumstances, Section 59 cannot reasonably be read as authorizing local legislation that arbitrarily singles out a community for financial regulation. For the foregoing reasons, we hold that section 43.082 is not authorized under Article XVI, Section 59 of the Texas Constitution, and therefore is a prohibited local law under Article III, Section 56.")
Retrieved from "https://texaslegalguide.com/Special:MobileDiff/7369...7374"

Navigation menu