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Texas Constitution talk:Article III, Section 56: Difference between revisions
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Texas Constitution talk:Article III, Section 56 (edit)
Revision as of 07:59, September 7, 2023
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EC 1.003(a): The Code Construction Act (Chapter 311, Government Code) applies to the construction of each provision in this code, except as otherwise expressly provided by this code. | EC 1.003(a): The Code Construction Act (Chapter 311, Government Code) applies to the construction of each provision in this code, except as otherwise ''expressly'' provided by this code. | ||
GC 311.005: The following definitions apply unless the statute or context in which the word or phrase is used requires a different definition: ... (3) "Population" means the population shown by the | GC 311.005: The following definitions apply unless the statute or context in which the word or phrase is used requires a different definition: ... (3) "Population" means the population shown by the | ||
most recent federal decennial census. | ''most recent federal decennial census''. | ||
GC 311.022: A statute is presumed to be prospective in its operation unless ''expressly'' made retrospective. | GC 311.022: A statute is presumed to be prospective in its operation unless ''expressly'' made retrospective. | ||
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GC 311.023: In construing a statute, whether or not the statute is considered ambiguous on its face, a court may consider among other matters the: (1) object sought to be attained; (2) circumstances under which the statute was enacted; (3) ''legislative history''; (4) common law or former statutory provisions, including laws on the same or similar subjects; (5) consequences of a particular construction; 6) administrative construction of the statute; and (7) title (caption), preamble, and emergency provision. | GC 311.023: In construing a statute, whether or not the statute is considered ambiguous on its face, a court may consider among other matters the: (1) object sought to be attained; (2) circumstances under which the statute was enacted; (3) ''legislative history''; (4) common law or former statutory provisions, including laws on the same or similar subjects; (5) consequences of a particular construction; 6) administrative construction of the statute; and (7) title (caption), preamble, and emergency provision. | ||
GC 311.031: (a) [T]he reenactment, revision, amendment, or repeal of a statute does not affect: (1) the prior operation of the statute or ''any prior action taken under it'' .... | |||
At least two reasonable bases exist for treating Harris County differently from the state's other 253 counties for election administration purposes. (1) Its sheer size warrants special consideration, as does its outsized impact on statewide elections. (2) Its Commissioners Court changed the election administration system for the 2022 election cycle, created new problems that made national news, created local controversy and led to numerous election contests. Solving its specific issues is a reasonable basis. In other words, it is reasonable for the legislature to make a change to the elections administrator in the one county that was experiencing difficulties while leaving the other counties' elections administrators alone. | At least two reasonable bases exist for treating Harris County differently from the state's other 253 counties for election administration purposes. (1) Its sheer size warrants special consideration, as does its outsized impact on statewide elections. (2) Its Commissioners Court changed the election administration system for the 2022 election cycle, created new problems that made national news, created local controversy and led to numerous election contests. Solving its specific issues is a reasonable basis. In other words, it is reasonable for the legislature to make a change to the elections administrator in the one county that was experiencing difficulties while leaving the other counties' elections administrators alone. | ||