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Texas Constitution:Article III, Section 56 (view source)
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Note that courts in other states regularly issue decisions regarding their jurisprudence in this area that arguably inform the meaning of this section. | Note that courts in other states regularly issue decisions regarding their jurisprudence in this area that arguably inform the meaning of this section. | ||
See, e.g., ''City of Aurora v. Spectra Commc'n Grp., LLC'', 592 S.W.3d 764, [https://scholar.google.com/scholar_case?case=18274283085274463577#p774 774] (Mo. 2019) ("Because recent cases have generated complex and confusing criteria for application of the provisions in article III, section 40 of the Missouri Constitution, this Court must revisit its analysis of local or special law challenges under article III, section 40."); ''Venice HMA, LLC v. Sarasota County'', 228 So.3d 76, [https://scholar.google.com/scholar_case?case=13760124335219338689#p80 80] (Fla. 2017) ("In contrast, '[a] general law operates universally throughout the state, or uniformly upon subjects as they may exist throughout the state, or uniformly within permissible classifications by population of counties or otherwise, or is a law relating to a state function, or instrumentality.'"); ''Gallardo v. State'', 336 P.3d 717, [https://scholar.google.com/scholar_case?case=9895084289919725224#p721 721] (Ariz. 2014) ("To survive scrutiny, (1) the law must have 'a rational relationship to a legitimate legislative objective,' (2) the classification the law makes must be legitimate, encompassing all members that are similarly situated, and (3) the classification must be elastic, allowing 'other individuals or entities to come within' and move out of the class."). | See, e.g., ''City of Aurora v. Spectra Commc'n Grp., LLC'', 592 S.W.3d 764, [https://scholar.google.com/scholar_case?case=18274283085274463577#p774 774] (Mo. 2019) ("Because recent cases have generated complex and confusing criteria for application of the provisions in article III, section 40 of the Missouri Constitution, this Court must revisit its analysis of local or special law challenges under article III, section 40."); ''Venice HMA, LLC v. Sarasota County'', 228 So.3d 76, [https://scholar.google.com/scholar_case?case=13760124335219338689#p80 80] (Fla. 2017) ("In contrast, '[a] general law operates universally throughout the state, or uniformly upon subjects as they may exist throughout the state, or uniformly within permissible classifications by population of counties or otherwise, or is a law relating to a state function, or instrumentality.'"); ''Gallardo v. State'', 336 P.3d 717, [https://scholar.google.com/scholar_case?case=9895084289919725224#p721 721] (Ariz. 2014) ("To survive scrutiny, (1) the law must have 'a rational relationship to a legitimate legislative objective,' (2) the classification the law makes must be legitimate, encompassing all members that are similarly situated, and (3) the classification must be elastic, allowing 'other individuals or entities to come within' and move out of the class."); ''Pennsylvania Turnpike Com'n v. Commonwealth'', 899 A.2d 1085, [https://scholar.google.com/scholar_case?case=853089952443362778#p1094 1094] (Pa. 2006) ("'The main purpose behind Article III, Section 32 was 'to put an end to the flood of privileged legislation for particular localities and for private purposes which was common in 1873.'). | ||
As reflected by the decisions referenced below, the Texas jurisprudence in this area is within the national mainstream. The governing rules can be summarized as follows: (1) 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 class is based upon a real and substantial difference which bears a reasonable relation to the statute's purpose. (2) 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. (3) 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 rules are routinely stated in different terms. More importantly, recognize that the rules are sometimes ignored by courts when considered necessary to reach an equitable result. | As reflected by the decisions referenced below, the Texas jurisprudence in this area is within the national mainstream. The governing rules can be summarized as follows: (1) 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 class is based upon a real and substantial difference which bears a reasonable relation to the statute's purpose. (2) 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. (3) 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 rules are routinely stated in different terms. More importantly, recognize that the rules are sometimes ignored by courts when considered necessary to reach an equitable result. | ||