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Texas Constitution talk:Article III, Section 56: Difference between revisions
Texas Constitution talk:Article III, Section 56 (edit)
Revision as of 13:37, September 17, 2023
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Two approaches have emerged for determining whether a bracketing scheme meets the reasonable basis requirement. The first examines the relationship between the purpose or subject of the law and the criteria used to establish the bracket. The second examines whether the purpose of the law is of statewide, or only local, importance. | Two approaches have emerged for determining whether a bracketing scheme meets the reasonable basis requirement. The first examines the relationship between the purpose or subject of the law and the criteria used to establish the bracket. The second examines whether the purpose of the law is of statewide, or only local, importance. Under the first method of analysis, the purposes and subject of the law under review are identified and then the criteria used to create the law's bracket are examined. The criteria must have a real relationship to the purposes sought to be accomplished by the law, something germane | ||
to the purpose of the legislation, and must be related to the subject of the law in such a way to show that the intent of the legislature was to legislate on a subject generally and not to single out one entity or area. The second method of analysis for determining whether a bill's bracketing scheme has a reasonable basis requires an examination of the statewide effects of the proposed law. A bill treating only a particular locality does not violate the local law prohibition if people throughout the state would be affected by the proposed law or if the bill treats substantially a subject that is a matter of interest to people throughout the state. This method of analysis attempts to determine whether the bill deals with a matter of general rather than purely local interest. Normally, a bill's proposed law would not be considered to have a sufficient statewide impact unless the law would affect a substantial class of persons over a broad region of the state. Furthermore, even if the proposed law would affect a matter of statewide importance, a reasonable connection must exist between the bracketing scheme used and the statewide interest. | |||
Question Presented: Is SB --- a general law or local-special law. State argues it is general law. Harris County argues it is local and/or special law. | Question Presented: Is SB --- a general law or local-special law. State argues it is general law. Harris County argues it is local and/or special law. | ||