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

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Note that supreme courts in other states regularly issue decisions regarding their jurisprudence in this area that presumably inform the proper meaning of this section. See, e.g.,
Note that supreme courts in other states regularly issue decisions regarding their jurisprudence in this area that presumably inform the proper meaning of this section. See, e.g.,
''Gallardo v. State'', 336 P.3d 717, [https://scholar.google.com/scholar_case?case=9895084289919725224#p??? ???] (Ariz. 2014) (" ... .");


As reflected by the decisions referenced below, the Texas jurisprudence in this area is within the national mainstream. The governing rules can be summarized as follows: (1) A general law is a statute which relates to persons, places or things as a class, both in the present and in the future, which class is based upon a real and substantial difference which bears a reasonable relation to the statute's purpose. (2) A special law is an enactment which relates to particular persons, places or things of a class; to a class as it is constituted at a given time without allowance for changes in the future; or to a "pretended" class which bears no reasonable relation to the purpose of the relevant statute. (3) A local law is a special law in which the places to which it applies are territorial subdivisions of the state. Note that the substance of the foregoing rules are routinely stated in different terms. More importantly, recognize that the rules are sometimes ignored by courts when considered necessary to reach an equitable result.
As reflected by the decisions referenced below, the Texas jurisprudence in this area is within the national mainstream. The governing rules can be summarized as follows: (1) A general law is a statute which relates to persons, places or things as a class, both in the present and in the future, which class is based upon a real and substantial difference which bears a reasonable relation to the statute's purpose. (2) A special law is an enactment which relates to particular persons, places or things of a class; to a class as it is constituted at a given time without allowance for changes in the future; or to a "pretended" class which bears no reasonable relation to the purpose of the relevant statute. (3) A local law is a special law in which the places to which it applies are territorial subdivisions of the state. Note that the substance of the foregoing rules are routinely stated in different terms. More importantly, recognize that the rules are sometimes ignored by courts when considered necessary to reach an equitable result.