Texas Attorney General Opinion: H-119 Page: 3 of 9
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The Honorable Joe Resweber, page 3 (H-119)
However, not every open-ended classification (e. g., all areas having
a population in excess of a certain number) is constitutional and not all
"brackets" (e. g., all areas with populations between two figures) are
unconstitutional. The courts now require a showing that there "is a
reasonable basis for the classification and that the law operates equally
on all within the classification. " Rodriguez v. Gonzales, 227 S. W. 2d
791, 793 (Tex. 1950).
Justice Greenhill (now Chief Justice), writing for the Supreme Court
in Smith v. Davis, 426 S. W. 2d 827 (Tex. 1968), stated the rule to be:
"The Legislature may restrict the application of a
law to particular counties by the use of classifications,
providing the classifications are not arbitrary. There
must be a reasonable relationship between the class-
ification and the objects sought to be accomplished by
the statute. Smith v. Decker, 158 Tex. 416, 312 S. W. 2d
632 (1958); Miller v. El Paso County, 136 Tex. 370, 150
S. W. 2d 1000 (1941). As stated in Miller, the classification
I.. . must not be a mere arbitrary device resorted to
for the purpose of giving what is, in fact, a local law, the
appearance of a general law.' The ultimate test for
whether a law is general or special is whether there is a
reasonable basis for the classification and whether the
law operates equally on all members within the class.
County of Cameron v. Wilson, 160 Tex. 25, 326 S. W. 2d
162 (1959); Rodriguez v. Gonzales, 148 Tex. 537, 227
S. W.2d 791 (1950). "
See also Bexar County v. Tynan, 97 S. W. 2d 467 (Tex. 1936); Anderson v.
Wood, 152 S. W. 2d 1084 (Tex. 1941); Snith v. Decker, 312 S. W. 2d 632
(Tex. 1958).
Another exception to the general rule against special or local laws is
that a law may be made applicable to only one area if it is of general
import and interest to the people of the State.
Thus, in County of Cameron v. Wilson, supra, it was said:p. 572
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Texas. Attorney-General's Office. Texas Attorney General Opinion: H-119, text, October 3, 1973; (https://texashistory.unt.edu/ark:/67531/metapth270642/m1/3/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.