How this document has been cited
—writ ref., as follows: `*** where part of a statute is unconstitutional and the remainder is constitutional, if the two parts can be possibly separated courts should do so, and not permit the invalid part to destroy the whole law.
- in Southern Canal Co. v. STATE BOARD OF WATER ENG., 1958 and 4 similar citations
—an act creating a school district; invalid provision for the tenure of office of the members of the board for more than two years
- in American and English Annotated Cases: Containing the Important Cases … and 2 similar citations
—an attack on the constitutionality of the act creating the San Antonio Independent School District because the terms of the trustees were fixed for six years instead of two years as provided for under Art. 16, § 30, of the State Constitution.
- in Delta Electric Const. Co. v. City of San Antonio, 1969 and one similar citation
We will hold it separable unless it appears that the legislature would not have enacted the section without the offending provision, or that the remainder does not present an independent, complete and workable whole without it.
- in Harris County Water Control & Imp. Dist. v. Albright, 1954 and one similar citation
—the Court of Civil Appeals held that said section of the Constitution does not apply to the office of school trustees.
- in Texas Educational Survey Report... Texas Educational Survey Commission and one similar citation
The courts quickly concluded that the terms of this section apply only to state boards and not to local or district boards
- in The Constitution of the State of Texas: An Annotated and Comparative Analysis and one similar citation
Section 30a of this article authorizes terms of six years for members of state-but not district or localboards if the terms are staggered and one-third of them expire every two years
Under the doctrine of ejusdem generis, where specific and particular enumerations of persons or things are followed by general words in a constitutional provision, the general words are not to be construed in their widest meaning or extent, but are treated as limited and applying only to persons or things of the same kind or class as those expressly mentioned.
Intermediate appellate Texas courts have relied upon and consistently applied these well-established rules by looking to the language of the particular statute to determine severability.
Cited by
575 SW 2d 58 - Tex: Court of Civil Appeals, 6th Dist. 1978
437 SW 2d 602 - Tex: Court of Civil Appeals, 4th Dist. 1969
801 SW 2d 841 - Tex: Supreme Court 1990
336 SW 2d 197 - Tex: Court of Civil Appeals, 3rd Dist. 1960
311 SW 2d 938 - Tex: Court of Civil Appeals, 3rd Dist. 1958
[BOOK] The Texas State Constitution
JC May - 2011
TL Council - 2010
JR Juarez Jr - Law & Ineq., 1994
825 SW 2d 444 - Tex: Supreme Court 1992
JL Hill - 1978