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Texas Constitution:Article III, Section 56 (view source)
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For over one hundred years, more than forty state constitutions have contained provisions restricting the enactment of local and special laws. Some of the provisions are simple and some, referred to as laundry lists, are rather lengthy. Such restrictions serve a variety of purposes, including: (1) preventing the Legislature from usurping local control over public policy matters generally delegated to units of local government (i.e., stopping the Legislature from meddling in local matters); and (2) reserving more time for the Legislature to study, debate and address public policy matters important to the whole state. Cf. 2 Tex. Const. Art. III, § 56, ''Interpretive Commentary'' (Vernon 1955) ("The constitutional framers believed that restrictions on the passage of local and special bills would prevent the granting of special privileges; secure uniformity of law throughout the state; decrease the passage of courtesy bills; and encourage the legislature to devote more of its time to interests of the state at large."). | For over one hundred years, more than forty state constitutions have contained provisions restricting the enactment of local and special laws. Some of the provisions are simple and some, referred to as laundry lists, are rather lengthy. Such restrictions serve a variety of purposes, including: (1) preventing the Legislature from usurping local control over public policy matters generally delegated to units of local government (i.e., stopping the Legislature from meddling in local matters); and (2) reserving more time for the Legislature to study, debate and address public policy matters important to the whole state. Cf. 2 Tex. Const. Art. III, § 56, ''Interpretive Commentary'' (Vernon 1955) ("The constitutional framers believed that restrictions on the passage of local and special bills would prevent the granting of special privileges; secure uniformity of law throughout the state; decrease the passage of courtesy bills; and encourage the legislature to devote more of its time to interests of the state at large."). | ||
The first broad prohibition on local and special laws to appear in a Texas constitution was added by amendment to the Texas Constitution of 1869. In January 1874, the provision (Art. XII, Sec. [https://texashistory.unt.edu/ark:/67531/metapth6731/m1/237/ 40]) became effective when ratified by the Legislature. It read: "The Legislature shall not pass local or special laws in any of the following enumerated cases: that is to say, [1] for locating or changing county seats, [2] regulating county or town affairs, [3] regulating the practice in courts of justice, [4] regulating the duties and jurisdiction of justices of the peace and constables, [5] providing for changes of venue in civil and criminal causes, [6] incorporating cities and towns, or changing or amending the charter of any city or village, [7] providing for the management of common schools, [8] regulating the rates of interest on money, [9] remitting fines, penalties, or forfeitures, [10] changing the law of descent. In all other cases when a general law can be made applicable, no special law shall be enacted; or in any case when a general law can be made applicable, no special law shall be enacted. The Legislature shall enact general laws providing for the cases before enumerated in this section, and for all other cases which, in its judgment, may be provided by general laws." | The first broad prohibition on local and special laws to appear in a Texas constitution was added by amendment to the Texas Constitution of 1869. In January 1874, the provision (Art. XII, Sec. [https://texashistory.unt.edu/ark:/67531/metapth6731/m1/237/zoom/?resolution=2&lat=2700&lon=600 40]) became effective when ratified by the Legislature. It read: "The Legislature shall not pass local or special laws in any of the following enumerated cases: that is to say, [1] for locating or changing county seats, [2] regulating county or town affairs, [3] regulating the practice in courts of justice, [4] regulating the duties and jurisdiction of justices of the peace and constables, [5] providing for changes of venue in civil and criminal causes, [6] incorporating cities and towns, or changing or amending the charter of any city or village, [7] providing for the management of common schools, [8] regulating the rates of interest on money, [9] remitting fines, penalties, or forfeitures, [10] changing the law of descent. In all other cases when a general law can be made applicable, no special law shall be enacted; or in any case when a general law can be made applicable, no special law shall be enacted. The Legislature shall enact general laws providing for the cases before enumerated in this section, and for all other cases which, in its judgment, may be provided by general laws." | ||
Rather than expanding or otherwise modifying the 1874 provision, this section, as adopted in 1876, instead closely tracked the laundry list provision (Art. IV, Sec. [https://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=1002&context=mo_constitutions_race&#page=33 53]) contained in the Missouri Constitution of 1875, which read in part: "The General Assembly shall not pass any local or special law: [1] Authorizing the creation, extension or impairing of liens; [2] Regulating the affairs of counties, cities, townships, wards or school districts; [3] Changing the names of persons or places; [4] Changing the venue in civil or criminal cases; [5] Authorizing the laying out, opening, altering or maintaining [sic] roads, highways, streets or alleys; [6] Relating to ferries or bridges, or incorporating ferry or bridge companies except for the erection of bridges crossing streams . . . . In all other cases, where a general law can be made applicable, no local or special law shall be enacted; and whether a general law could have been made applicable in any case, is hereby declared a judicial question, and as such shall be judicially determined without regard to any legislative assertion on that subject. Nor shall the General Assembly indirectly enact such special or local law by the partial repeal of a general law; but laws repealing local or special acts may be passed." | Rather than expanding or otherwise modifying the 1874 provision, this section, as adopted in 1876, instead closely tracked the laundry list provision (Art. IV, Sec. [https://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=1002&context=mo_constitutions_race&#page=33 53]) contained in the Missouri Constitution of 1875, which read in part: "The General Assembly shall not pass any local or special law: [1] Authorizing the creation, extension or impairing of liens; [2] Regulating the affairs of counties, cities, townships, wards or school districts; [3] Changing the names of persons or places; [4] Changing the venue in civil or criminal cases; [5] Authorizing the laying out, opening, altering or maintaining [sic] roads, highways, streets or alleys; [6] Relating to ferries or bridges, or incorporating ferry or bridge companies except for the erection of bridges crossing streams . . . . In all other cases, where a general law can be made applicable, no local or special law shall be enacted; and whether a general law could have been made applicable in any case, is hereby declared a judicial question, and as such shall be judicially determined without regard to any legislative assertion on that subject. Nor shall the General Assembly indirectly enact such special or local law by the partial repeal of a general law; but laws repealing local or special acts may be passed." | ||