Texas Constitution:Article IX, Section 1 and Texas Constitution:Article IX, Section 1-A: Difference between pages

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{{DISPLAYTITLE:Article IX, Section 1 of the Texas Constitution}}{{Template:Texas Constitution|text=As amended November 2, 1999:
{{DISPLAYTITLE:Article IX, Section 1-A of the Texas Constitution}}{{Template:Texas Constitution|text=Added November 6, 1962:


'''The Legislature shall have power to create counties for the convenience of the people subject to the following provisions: (1) Within the territory of any county or counties, no new county shall be created with a less area than seven hundred square miles, nor shall any such county now existing be reduced to a less area than seven hundred square miles. No new counties shall be created so as to approach nearer than twelve miles of the county seat of any county from which it may in whole or in part be taken. Counties of a less area than nine hundred, but of seven hundred or more square miles, within counties now existing, may be created by a two-thirds vote of each House of the Legislature, taken by yeas and nays and entered on the journals. Any county now existing may be reduced to an area of not less than seven hundred square miles by a like two-thirds vote. When any part of a county is stricken off and attached to, or created into another county, the part stricken off shall be holden for and obliged to pay its proportion of all the liabilities then existing, of the county from which it was taken, in such manner as may be prescribed by law. (2) No part of any existing county shall be detached from it and attached to another existing county until the proposition for such change shall have been submitted, in such manner as may be provided by law, to a vote of the voters of both counties, and shall have received a majority of those voting on the question in each.'''
'''The Legislature may authorize the governing body of any county bordering on the Gulf of Mexico or the tidewater limits thereof to regulate and restrict the speed, parking and travel of motor vehicles on beaches available to the public by virtue of public right and the littering of such beaches. Nothing in this amendment shall increase the rights of any riparian or littoral landowner with regard to beaches available to the public by virtue of public right or submerged lands. The Legislature may enact any laws not inconsistent with this Section which it may deem necessary to permit said counties to implement, enforce and administer the provisions contained herein. Should the Legislature enact legislation in anticipation of the adoption of this amendment, such legislation shall not be invalid by reason of its anticipatory character.'''


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The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1993/dm0252.pdf#page=3 DM-252] (1993), opined that this section does not authorize the legislature to consolidate existing counties.
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Note that Sections [[Texas Constitution:Article XI, Section 1|1]] ("The several counties of this State are hereby recognized as legal subdivisions of the State."), [[Texas Constitution:Article XI, Section 2|2]], [[Texas Constitution:Article XI, Section 3|3]], [[Texas Constitution:Article XI, Section 7|7]], [[Texas Constitution:Article XI, Section 8|8]], and [[Texas Constitution:Article XI, Section 9|9]] of Article XI concern counties.


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* ''Mills County v. Lampasas County'', 40 S.W. 403, 404 (Tex. 1897) ("[I]n our opinion, a more accurate statement of the rule is that when the construction of a statute is doubtful, in arriving at the intention of the legislature, all previous statutes bearing upon the same subject-matter should be considered in so far as they throw light upon that intention. Strictly speaking, there is but one rule of construction, and that is that the legislative intent must govern. All other canons of interpretation, so called, are but grounds of argument resorted to for the purpose of ascertaining the true meaning of the law.")
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* ''Mills County v. Brown County'', 20 S.W. 81, 82 (Tex. 1892) ("This provision must be construed in subordination to article 8, § 1, requiring uniformity and equality in taxation; and the legislation contemplated must conform to that article. The provision of the act creating Mills county, fixing its liability according to the amount of territory, ignoring the taxable value of the property therein, imposed a different burden, for the same purpose, upon the citizen within that territory, than he would have had to bear if there had been no severance of the county. The provision in question is therefore unconstitutional and void.")


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{{DEFAULTSORT:Article VIII, Section 101}}
{{DEFAULTSORT:Article VIII, Section 102}}
[[Category:Texas Constitution]]
[[Category:TxCon ArtIX Sec]]
[[Category:TxCon ArtIX Sec]]

Latest revision as of 14:51, November 20, 2020

Added November 6, 1962:

The Legislature may authorize the governing body of any county bordering on the Gulf of Mexico or the tidewater limits thereof to regulate and restrict the speed, parking and travel of motor vehicles on beaches available to the public by virtue of public right and the littering of such beaches. Nothing in this amendment shall increase the rights of any riparian or littoral landowner with regard to beaches available to the public by virtue of public right or submerged lands. The Legislature may enact any laws not inconsistent with this Section which it may deem necessary to permit said counties to implement, enforce and administer the provisions contained herein. Should the Legislature enact legislation in anticipation of the adoption of this amendment, such legislation shall not be invalid by reason of its anticipatory character.

Editor Comments

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—Attorney Steve Smith

Recent Decisions

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Historic Decisions

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