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

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

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-This important and heavily-litigated section generally prohibits the enactment of "local" laws and "special" laws. In addition, Article XII, Section [[Texas Constitution:Article XII, Section 1|1]] mandates that "[n]o private corporation shall be created except by general laws." Cf. ''Harwood v. Wentworth'', 162 U.S. 547, [https://scholar.google.com/scholar_case?case=9629641612988174310#p563 563-64] (1896) ("We are of the opinion that the territorial act is not a local or special law . . . . The act is general in its operation; it applies to all counties in the Territory; it prescribes a rule for the stated compensation of certain public officers; no officer of the classes named is exempted from its operation; and there is such a relation between the salaries fixed for each class of counties, and the equalized assessed valuation of property in them, respectively, as to show that the act is not local and special in any just sense, but is general in its application to the whole Territory and designed to establish a system for compensating county officers that is not intrinsically unjust, nor capable of being applied for purposes merely local or special.").
+This important and often-litigated section generally prohibits the enactment of "local" laws and "special" laws. In addition, Article XII, Section [[Texas Constitution:Article XII, Section 1|1]] mandates that "[n]o private corporation shall be created except by general laws." Cf. ''Harwood v. Wentworth'', 162 U.S. 547, [https://scholar.google.com/scholar_case?case=9629641612988174310#p563 563-64] (1896) ("We are of the opinion that the territorial act is not a local or special law . . . . The act is general in its operation; it applies to all counties in the Territory; it prescribes a rule for the stated compensation of certain public officers; no officer of the classes named is exempted from its operation; and there is such a relation between the salaries fixed for each class of counties, and the equalized assessed valuation of property in them, respectively, as to show that the act is not local and special in any just sense, but is general in its application to the whole Territory and designed to establish a system for compensating county officers that is not intrinsically unjust, nor capable of being applied for purposes merely local or special.").
 Unfortunately, much of the jurisprudence regarding this type of restriction is indefinite. Cf. ''Henderson v. Koenig'', 168 Mo. 356, [https://texaslegalguide.com/images/Mo_356.pdf#page=17 372] (1902) ("The act in question is ''local'' as to the city of St. Louis, and ''special'' as to the incumbent of the office of judge of probate."); Charles Binney, ''Restrictions Upon Local and Special Legislation in State Constitutions'' [https://www.google.com/books/edition/_/lXQ1AQAAMAAJ?hl=en&gbpv=1&pg=PA25 25-26] (1894) ("(1) A general law is one which applies to and operates uniformly upon all members of any class of persons, places or things, requiring legislation peculiar to itself in the matter covered by the law. (2) A special law is one which relates either to particular persons, places or things, or to persons, places or things which, though not particularized, are separated, by any method of selection, from the whole class to which the law might, but for such limitation, be applicable. (3) A local law is one whose operation is confined within territorial limits other than those of the whole State or any properly constituted class of localities therein.").
-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 delegated generally to political subdivisions of the state (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 entire 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 (Article XII, Section [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."
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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]]).
-As reflected by the decisions referenced below, the Texas jurisprudence in this area is within the national mainstream. The governing rule can be summarized as follows: 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 bona fide class is based upon a real and substantial difference which bears a reasonable relation to the statute's purpose. 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. 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 rule is routinely stated in different terms. More importantly, recognize that the rule is often ignored by courts when considered necessary to reach a "fair and just" result.
+As reflected by the decisions referenced below, the Texas jurisprudence in this area is within the national mainstream. The governing rule can be summarized as follows: 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 bona fide class is based upon a real and substantial difference which bears a reasonable relation to the statute's purpose. 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. 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 rule is routinely stated in different terms. More importantly, recognize that the rule is sometimes ignored by courts when considered necessary to reach a "fair and just" result.
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