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

no edit summary
No edit summary
Tag: Reverted
No edit summary
Tag: Reverted
Line 11: Line 11:
== add ==
== add ==


[https://scholar.google.com/scholar_case?case=17962249283603233454#p635 635-36] (Tex. 1958) ("The use of population brackets alone, that is, segregating one county by the Legislature, by reason of population for the purpose of necessary legislation, does not necessarily render a law special in nature and contrary to the constitutional prohibition against same. However, it has long been held that the use of population brackets alone to direct legislation toward a particular county needing a particular type of legislation will not in itself save the law from being unconstitutional as a special law if the classification bears no reasonable relationship to the objects sought to be accomplished. Miller v. El Paso, Tex. Civ.App., 146 S.W.2d 1027, reversed on other grounds, 136 Tex. 370, 150 S.W.2d 1000. There appears to be no logical or apparent reason for the exclusion from the Act of counties having cities of 100,000 to 349,999 inhabitants. There must be a substantial reason for the classification such as attempted here, otherwise the Act must fail.")
* ''Smith v. Decker'', 312 S.W.2d 632, [https://scholar.google.com/scholar_case?case=17962249283603233454#p635 635-36] (Tex. 1958) (citation omitted) ("The use of population brackets alone, that is, segregating one county by the Legislature, by reason of population for the purpose of necessary legislation, does not necessarily render a law special in nature and contrary to the constitutional prohibition against same. However, it has long been held that the use of population brackets alone to direct legislation toward a particular county needing a particular type of legislation will not in itself save the law from being unconstitutional as a special law if the classification bears no reasonable relationship to the objects sought to be accomplished. There appears to be no logical or apparent reason for the exclusion from the Act of counties having cities of 100,000 to 349,999 inhabitants. There must be a substantial reason for the classification such as attempted here, otherwise the Act must fail.")
Anonymous user