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

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* ''State Highway Department v. Gorham'', 162 S.W.2d 934, [https://texaslegalguide.com/images/162_SW2_934.pdf#page=4 937] (Tex. 1942) ("If the Act be construed as a special law, depriving the State of a defense in a particular case, it is unconstitutional, as being violative of Section 3 of the Texas Bill of Rights, which provides that all men shall have equal rights. It is also violative of Article III, Section 56, of our State Constitution, which provides that no local or special law shall be enacted where a general law can be made applicable. . . . It certainly was not the intention of the framers of our Constitution that the State should have certain defenses against some individuals, but not against others similarly situated.")
* ''State Highway Department v. Gorham'', 162 S.W.2d 934, [https://texaslegalguide.com/images/162_SW2_934.pdf#page=4 937] (Tex. 1942) ("If the Act be construed as a special law, depriving the State of a defense in a particular case, it is unconstitutional, as being violative of Section 3 of the Texas Bill of Rights, which provides that all men shall have equal rights. It is also violative of Article III, Section 56, of our State Constitution, which provides that no local or special law shall be enacted where a general law can be made applicable. . . . It certainly was not the intention of the framers of our Constitution that the State should have certain defenses against some individuals, but not against others similarly situated.")


* ''Ex parte Carson'', 159 S.W.2d 126, [https://texaslegalguide.com/images/159_SW2_126.pdf#page=4 129] (Tex.Crim.App. 1942) ("History of legislation reveals to us a very early practice, having a persistent accelerated tendency, against which the framers of the Constitution were, undoubtedly, endeavoring to provide an insurmountable barrier in Section 56, Article 3 of our Constitution. The trading and trafficking in the passing of local and special laws resulting in special privileges and immunities may be viewed as one of the danger elements in all legislative bodies which consists of representatives from varied districts not affected always in all matters by the things which the other may do or not do. . . . The Act before us is unconstitutional as being a local law not intrusted to the judgment and discretion of our Legislature.")
* ''Ex parte Carson'', 159 S.W.2d 126, [https://texaslegalguide.com/images/159_SW2_126.pdf#page=4 129] (Tex.Crim.App. 1942) ("History of legislation reveals to us a very early practice, having a persistent accelerated tendency, against which the framers of the Constitution were, undoubtedly, endeavoring to provide an insurmountable barrier in Section 56, Article 3 of our Constitution. The trading and trafficking in the passing of local and special laws resulting in special privileges and immunities may be viewed as one of the danger elements in all legislative bodies which consists of representatives from varied districts not affected always in all matters by the things which the other may do or not do.")


* ''Anderson v. Wood'', 152 S.W.2d 1084, [https://texaslegalguide.com/images/152_SW2_1084.pdf#page=4 1087] (Tex. 1941) ("We can conceive of no reason why the Commissioners' Courts of counties with a population of less than 195,000 and those with populations in excess of 205,000 should have a right to employ county traffic officers, while the Commissioners' Court of Tarrant County, such county . . . . The necessity for the employment of traffic officers in Tarrant County appears to be as urgent as in counties of lesser population. The classification appears to be an arbitrary one bearing no relation to the subject of legislation, and as a consequence this particular section of the act is void as a local or special law.")
* ''Anderson v. Wood'', 152 S.W.2d 1084, [https://texaslegalguide.com/images/152_SW2_1084.pdf#page=4 1087] (Tex. 1941) ("We can conceive of no reason why the Commissioners' Courts of counties with a population of less than 195,000 and those with populations in excess of 205,000 should have a right to employ county traffic officers, while the Commissioners' Court of Tarrant County, such county . . . . The necessity for the employment of traffic officers in Tarrant County appears to be as urgent as in counties of lesser population. The classification appears to be an arbitrary one bearing no relation to the subject of legislation, and as a consequence this particular section of the act is void as a local or special law.")