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

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

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 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 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.").
+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 but some, referred to as laundry lists, are 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."