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

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

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* ''City of Tyler v. Liberty Utilities (Tall Timbers Sewer) Corp.'', 571 S.W.3d 336, [https://scholar.google.com/scholar_case?case=11581812043885385661#p337 337] (Tex.App.–Houston [1st Dist.] 2018, no pet.) ("Not satisfied to rely entirely upon the spirit of freedom, most states, including Texas, have adopted state constitutional provisions that enact a default preference for legislation by general law, accomplished by a general prohibition of legislation by local or special law. In this appeal, we must determine whether an admittedly local law violated the Texas Constitution. . . . We conclude that the statute in controversy violates the general constitutional prohibition against local laws that regulate the affairs of a city.")
* ''City of Tyler v. Liberty Utilities (Tall Timbers Sewer) Corp.'', 571 S.W.3d 336, [https://scholar.google.com/scholar_case?case=11581812043885385661#p337 337] (Tex.App.–Houston [1st Dist.] 2018, no pet.) ("Not satisfied to rely entirely upon the spirit of freedom, most states, including Texas, have adopted state constitutional provisions that enact a default preference for legislation by general law, accomplished by a general prohibition of legislation by local or special law. In this appeal, we must determine whether an admittedly local law violated the Texas Constitution. . . . We conclude that the statute in controversy violates the general constitutional prohibition against local laws that regulate the affairs of a city.")


* ''Southwest Travis County Water Dist. v. City of Austin'', 64 S.W.3d 25, [https://scholar.google.com/scholar_case?case=7516365479571908009#p?? ??] (Tex.App.–Austin 2000, pet. dism'd) ("The first two reasons pertain to water quality. The District suggests that its operations encompass and affect an economically and scientifically important natural resource that benefits the State as a whole, namely the control and abatement of water pollution within an area covering the Barton Springs segment of the Edwards Aquifer; and a statewide interest also exists in that regard because the affected segment is vital to the survival of the Barton Springs salamander. . . . The supreme court has distinguished McCraw and City of Irving on the ground that the statutes there in question affected a substantial class of persons over a broad region of the state as opposed to a statute that affected only a single MUD. See Maple Run at Austin M.U.D. v. Monaghan, 931 S.W.2d 941, 947-48 (Tex.1996). It may not reasonably be concluded that H.B. 3193 affects, with respect to the water-quality factor, a substantial class of persons over a broad region of the state as opposed to the single District created by H.B. 3193. See, e.g., Vincent v. State, 235 S.W. 1084, 1086 (Tex.Comm’nApp.1921, judgm’t adopted); City of Austin v. City of Cedar Park, 953 S.W.2d 424, 435 (Tex.App.—Austin 1997, no writ).")
* ''Southwest Travis County Water Dist. v. City of Austin'', 64 S.W.3d 25, [https://scholar.google.com/scholar_case?case=7516365479571908009#p?? ??] (Tex.App.–Austin 2000, pet. dism'd) ("The supreme court has distinguished McCraw and City of Irving on the ground that the statutes there in question affected a substantial class of persons over a broad region of the state as opposed to a statute that affected only a single MUD. See Maple Run at Austin M.U.D. v. Monaghan, 931 S.W.2d 941, 947-48 (Tex.1996). It may not reasonably be concluded that H.B. 3193 affects, with respect to the water-quality factor, a substantial class of persons over a broad region of the state as opposed to the single District created by H.B. 3193. See, e.g., Vincent v. State, 235 S.W. 1084, 1086 (Tex.Comm’nApp.1921, judgm’t adopted); City of Austin v. City of Cedar Park, 953 S.W.2d 424, 435 (Tex.App.—Austin 1997, no writ).")


* ''Ford Motor Co. v. Sheldon'', 22 S.W.3d 444, [https://scholar.google.com/scholar_case?case=18021988528183648949#p451 451] (Tex. 2000) (citations omitted) ("We conclude that there is a reasonable basis for distinguishing class actions involving motor vehicle licensees from other class actions and that Section 6.06(g) operates equally on all within the class. First, '[a] statute is not local or special . . . if it operates on a subject in which people at large are interested.' Automobiles and related issues such as automobile safety are important subjects to the public. Automobiles are the primary . . . . Thus, it is reasonable for the Legislature to ensure heightened judicial scrutiny of these class actions that affect so many individuals.")
* ''Ford Motor Co. v. Sheldon'', 22 S.W.3d 444, [https://scholar.google.com/scholar_case?case=18021988528183648949#p451 451] (Tex. 2000) (citations omitted) ("We conclude that there is a reasonable basis for distinguishing class actions involving motor vehicle licensees from other class actions and that Section 6.06(g) operates equally on all within the class. First, '[a] statute is not local or special . . . if it operates on a subject in which people at large are interested.' Automobiles and related issues such as automobile safety are important subjects to the public. Automobiles are the primary . . . . Thus, it is reasonable for the Legislature to ensure heightened judicial scrutiny of these class actions that affect so many individuals.")
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