Texas “Transportation” Code Recodification Bill SB971 74th Legis. 1995

This is the original Bill that was, pursuant Texas  Constitution, Article 3, Secs. 29-40 and 62, unconstitutionally voted into law by the 74th Legislature in 1995.

The emergency clause used to suspend the reading of the bill on the floor of each house over three several days can be read on page 4163 of the PDF. The only reason this could have possibly been done was to pass the bill as quickly as possible in order to hide the substantive changes that the public was being told had NOT been made in the recodification. The emergency clause used to suspend this procedural rule directly violates Art. 3, Sec. 62, as to how and when the legislature has lawful authority to suspend certain procedural rules, which includes, but is not limited to, the reading of all bills on the floor of each house over three several days and open discussion held thereon before that Bill would ever have the force and effect of law.

After reading both page 6143 of the Bill and Art. Sec. 62, you will see that it is not even remotely possible to claim that Sec. 62 was followed. Furthermore, if Art. 3, Sec. 62, Texas Constitution was NOT followed, then, anything created in violation of it is automatically void pursuant Art. 1, Sec. 29, Texas Constitution.

Thus the entire “transportation” code recodification is unconstitutional under the provisions of the Texas Constitution.

Transp Code Non-Subst Recode SB971_74R (Emergency Clause p 4163)

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