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

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

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 Rather than expanding or otherwise modifying the 1874 provision, this section, as adopted in 1876, instead closely tracked the laundry list provision (Article IV, Section [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."
-At different times, governors have vetoed perceived local or special laws. See, e.g., Veto Message H.B. [https://lrl.texas.gov/scanned/vetoes/48/hb167m.pdf#page=2 167] (1943) ("Clearly then it is a local law and must fall as such, unless it can be fairly said that the class so segregated by the Act is a substantial class and has characteristics legitimately distinguishing it from the remainder of the State so as to require legislation peculiar thereto."). More consistently, attorney generals have opined that legislation violated this section. See, e.g. Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1973/jh0008.pdf#page=5 H-8] (1973) ("We would suggest that, with particular reference to S.B. 13, a court will see that the only city presently falling within the classification . . . . It will ask questions such as: is there any basis for saying that cities of over 600,000 are better able to provide safe bridges and that it is more important in those cities that the bridges be safe than in smaller cities? It will ask why this greater responsibility, for some reason, terminates when the city reaches 800,000 in population? It is our feeling that unless the act recites valid reasons for the classification, there is a strong possibility that a court will hold that the classification in S.B. 13 as presently drawn is not a reasonable one and that the act is a special law and thus unconstitutional under Article 3, Section 56.").
+At different times, governors have vetoed perceived local or special laws. See, e.g., Veto Mess. H.B. [https://lrl.texas.gov/scanned/vetoes/48/hb167m.pdf#page=2 167] (1943) ("Clearly then it is a local law and must fall as such, unless it can be fairly said that the class so segregated by the Act is a substantial class and has characteristics legitimately distinguishing it from the remainder of the State so as to require legislation peculiar thereto."). More consistently, attorney generals have opined that legislation violated this section. See, e.g. Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1973/jh0008.pdf#page=5 H-8] (1973) ("We would suggest that, with particular reference to S.B. 13, a court will see that the only city presently falling within the classification . . . . It will ask questions such as: is there any basis for saying that cities of over 600,000 are better able to provide safe bridges and that it is more important in those cities that the bridges be safe than in smaller cities? It will ask why this greater responsibility, for some reason, terminates when the city reaches 800,000 in population? It is our feeling that unless the act recites valid reasons for the classification, there is a strong possibility that a court will hold that the classification in S.B. 13 as presently drawn is not a reasonable one and that the act is a special law and thus unconstitutional under Article 3, Section 56.").
 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]]).