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

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==23-0656==
==23-0656==


Old: Under have choice. Execute with vote and order. New: Under have choice but over do not. Transition by operation of law rather than order. Normally prospective so leg made clear retroactive by transition provision re those over 3.5. If administrator exists over 3.5 in violation subject to suit to force compliance with law. Problem is ambiguity re pro/retro re non Harris by second permanent provision. not clear so consult legislative history re application to others than Harris.
Old: Under have choice. Execute with vote and order. New: Under have choice but over do not. Transition by operation of law rather than order. Normally prospective so leg made clear retroactive by transition provision re those over 3.5. If administrator exists over 3.5 in violation subject to suit to force compliance with law. Problem is ambiguity re pro/retro re non Harris by second permanent provision. not clear so consult legislative history re application to others than Harris. Before every county had auth to switch which necessarily included auth to have. Now over 3.5 cannot switch. Ambiguous whether they retain authority to have.


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.

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