HomeMy WebLinkAboutR-1962-10
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RESOLUTION NO.
7-62
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STATE OF TEXAS
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COUNTY OF HARRIS
RESOLUTION OPPOSING THE AOOPTION OF A PROPOSED AMENDMENT TO ARTICLE II OF
THE CONSTITUTION OF TEXAS.
WHEREAS, the exercise of executive, legislati va and judicial
power by' separate and independent organs of government is a fundamental
principle of American constitutional jurisprudence; and
WHEREAS, this principle was expressed in the Constitution of the
Republic of Texas in 1836 and has been embodied in all of the State Consti-
tutions in the exact wording found in Article II, Section 1, of the present
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Constitution, wherein it is provided: liThe powers of the government of the
State of Texas shall be divided into three distinct departments, each of
which shall be confided to a separate body of magistracy, to wit: those
which are legislative to one; those which are executive to another; and
those which are judicial to another; and no person" or collecti.n of
persons, being of one of these departments J shall exercise an~ power properly
attached to either of the others, except in the instances herein expressly
permi tted.lI; and
WHEREAS, this guarantee of separation of powers now stands in
jeopardy by' virtue of the adoption by' the 57th Legislature of Texas of
House Joint Resolution 32, which proposes an amendment to Article II of the
. Texas Constitution by' adding a new section thereto to provide as follows:
II Notwi thstanding al\V' other provision of the Constitution, the Legislature
shall have the power, by general law, to provide for appeals to the courts
from any and all actions, rulings or decisions of adrninistrati ve ag~ncies
;;.pld executive departments of the State of Texas or 8I'iY of its political
subdivisions, under such provisions and limitations as the Legislature
shall deem necessary and desirable; and the courts of Texas shall have no
pGWer or authority to refuse, deny, or change the manner of such appeals,
if brought in the manner provided by general law, even though such appeals
shall be provided de novo as that term is used in appeals from the justice
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of the peace courts to county courts; and should the Legislature provide
for such appeals to be tried completely de novo and independent of ~
administrati va and executive action, ruling or decision thereon, the courts
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shall comply with such general law and shall hear and determine such appeals
in the manner and under the conditions presoribed by the Legislature ~ even
though such action on the part of the courts involves administrative or
executive rather than judicial powers,; provided, however, in the absence of
legislation enacted subsequent to the adoption of this amendment, all such
appeals shall continue to be prosecuted in the manner nOl., provided by law, as
interpreted and applied to the appellate courts ~f Texas on the date of the
adoption of this amendment, and no change in the manner of such appeals shall
be affected except by legislation enacted subsequent to the adoption of this
amendment. II ; and
WHEREAS, this proposed consti tutional ~ndment common4r denominated
. the "trial de novo amendment II will be submitted to a vote of the qualified
electors of this State on November 6, 1962,; and
'WHEREAS, it is the unanimous conviction of the members of the City
Col'lD1li.ssion of La Porte, Texas, that the adoption of this amendment would destroy
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the delicate balance of powers between executive, 1egis1ati va, and judicial
branches of governmen't in this State,; would endanger the basic freedoms of
all of the citizens of Texas; would curtail many and delay other essential
services now perfo:nned at all levels of government,; would render ineffecti va
established, proven, and necessary administrative functions and procedures of
government, and would cast an onerous burden on effective, efficient, and
economical governmental operations by the Sta;t;e, its municipalities, and
other political subdi'visions,; now therefQre
BE IT RESOLVED that the City Commission vigor0usly' oppose the
adoption of the constitutional amendment proposed by' House Joint Resolution
32,; and
.BE IT FURTHER RESOLVED that this Res01ution be published in the
newspaper to encourage the attention of all citizens to the proposed amendment
and the harmtul effect that such amendment would have on local self-government
if adopted.
PASSED AND APPROVED by the City Commissicm, I:a Porte, Texas,
August 17th,
, 1962.
4i!JJII~f)
or 0 t e i 0, ' Texas.
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Ci ty -elerk o;f""the C:Fty of La Porte,
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