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

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This section has been amended once. The 2001 modification was part of a "constitutional cleanup amendment." It made 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 this section. The local and special laws authorized by other sections, either expressly or by implication, include laws: (1) relating to the court system (Article V, Sections [[Texas Constitution:Article V, Section 1|1]], [[Texas Constitution:Article V, Section 7|7]], [[Texas Constitution:Article V, Section 8|8]], [[Texas Constitution:Article V, Section 21|21]]); (2) creating or affecting a conservation and reclamation district (Article XVI, Section [[Texas Constitution:Article XVI, Section 59|59]]); (3) creating or affecting a road or water district (Article III, Section [[Texas Constitution:Article III, Section 52|52]]); (4) providing for road maintenance (Article VIII, Section [[Texas Constitution:Article VIII, Section 9|9]]); (5) creating or affecting a hospital district (Article IX, Sections [[Texas Constitution:Article IX, Section 4|4]]-[[Texas Constitution:Article IX, Section 11|11]]); (6) creating or affecting an airport authority (Article IX, Section [[Texas Constitution:Article IX, Section 12|12]]); (7) relating to the regulation of stock or stock raisers (Article XVI, Section [[Texas Constitution:Article XVI, Section 23|23]]); (8) granting aid or tax relief in cases of public calamity (Article III, Section [[Texas Constitution:Article III, Section 51|51]], Article VIII, Section [[Texas Constitution:Article VIII, Section 10|10]]); and (9) providing for consolidation of functions of political subdivisions (Article III, Section [[Texas Constitution:Article III, Section 64|64]]).
This section has been amended once. The 2001 modification was part of a "constitutional cleanup amendment." It made 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 this section. The local and special laws authorized by other sections, either expressly or by implication, include laws: (1) relating to the court system (Article V, Sections [[Texas Constitution:Article V, Section 1|1]], [[Texas Constitution:Article V, Section 7|7]], [[Texas Constitution:Article V, Section 8|8]], [[Texas Constitution:Article V, Section 21|21]]); (2) creating or affecting a conservation and reclamation district (Article XVI, Section [[Texas Constitution:Article XVI, Section 59|59]]); (3) creating or affecting a road or water district (Article III, Section [[Texas Constitution:Article III, Section 52|52]]); (4) providing for road maintenance (Article VIII, Section [[Texas Constitution:Article VIII, Section 9|9]]); (5) creating or affecting a hospital district (Article IX, Sections [[Texas Constitution:Article IX, Section 4|4]]-[[Texas Constitution:Article IX, Section 11|11]]); (6) creating or affecting an airport authority (Article IX, Section [[Texas Constitution:Article IX, Section 12|12]]); (7) relating to the regulation of stock or stock raisers (Article XVI, Section [[Texas Constitution:Article XVI, Section 23|23]]); (8) granting aid or tax relief in cases of public calamity (Article III, Section [[Texas Constitution:Article III, Section 51|51]], Article VIII, Section [[Texas Constitution:Article VIII, Section 10|10]]); and (9) providing for consolidation of functions of political subdivisions (Article III, Section [[Texas Constitution:Article III, Section 64|64]]).


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 law 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.


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