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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)

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==? brief ?==
==? brief ?==


what is unique about Harris County that necessitates it being a class of one
All counties where the same circumstances exist must have the same form of government. What is unique about county x that necessitates it being a class of one?


almost every local law affects people residing outside the locality, the distinction between general and local laws would seem, under the doctrine of these cases, to be very indefinite
Almost every local law affects people residing outside the locality, the distinction between general and local laws would seem, under the doctrine of these cases, to be very indefinite.


The prohibition against special legislation will be practically a dead letter. As it is the practice in the Legislature to yield and grant any local measure asked by any representative in that body, it is only necessary to demand a particular enactment for a special purpose, and if there is no constitutional constraint, it is passed as a matter of course. The legislative discretion in such cases extend only to the representations of the member who is interested in the passage of the bill.
It is the practice in the Legislature to yield and grant any local measure asked by any representative in that body, it is only necessary to demand a particular enactment for a special purpose, and it is passed as a matter of course. The legislative discretion in such cases extend only to the representations of the member who is interested in the passage of the bill.


All counties where the same circumstances exist must have the same form of government.
So that a law for one class can reasonably be expected to work equally well for every member of the class; while, if it works ill, it is almost certain to do so in every case, and that for some cause which lies deeper than the mere fact that the law is general. The number of places necessarily affected by a law prevents, moreover, the enactment of laws designed in the interest of one place only. If such a law be against the interest of the other communities affected by it, they will oppose its passage, and thus the unfair grant of special privileges will be prevented.
 
so that a law for one class can reasonably be expected to work equally well for every member of the class; while, if it works ill, it is almost certain to do so in every case, and that for some cause which lies deeper than the mere fact that the law is general. The number of places necessarily affected by a law prevents, moreover, the enactment of laws designed in the interest of one place only. If such a law be against the interest of the other communities affected by it, they will oppose its passage, and thus the unfair grant of special privileges will be prevented
 
there is a legitimate relationship between the size of a city and the privilege of detaching a portion of its territory and the statute, based upon such relationship, is a valid statute


The classification adopted must rest on real or substantial distinctions which renders one class, in truth, distinct or different from another class. There must exist reasonable justification for the class, that is, the basis of the classification invoked must be a direct relation to the purpose of the law.
The classification adopted must rest on real or substantial distinctions which renders one class, in truth, distinct or different from another class. There must exist reasonable justification for the class, that is, the basis of the classification invoked must be a direct relation to the purpose of the law.


Regarding population brackets: real or substantial distinctions which render one class distinct or different from another class and the basis of the classification must have a direct relation to the purpose of the law
Regarding population brackets: real or substantial distinctions which render one class distinct or different from another class and the basis of the classification must have a direct relation to the purpose of the law.


It is important to remember that originally the prohibition against special legislation was an attempt to correct two main legislative abuses: (1) special bills were jeopardizing local autonomy; and (2) they were consuming too much of the legislator's time, at the expense of general or state-wide legislation. Today-three-quarters of a century later-those same abuses are still prevalent. 28 TLR 829, 842
It is important to remember that originally the prohibition against special legislation was an attempt to correct two main legislative abuses: (1) special bills were jeopardizing local autonomy; and (2) they were consuming too much of the legislator's time, at the expense of general or state-wide legislation. Today-three-quarters of a century later-those same abuses are still prevalent. 28 TLR 829, 842


first population bracket in Texas Election Code
first population bracket in Texas Election Code
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