Legislative Delegation of Power In Texas

The legislature cannot delegate its inherent, exclusive powers. See Trimmier v. Carlton, 116 Tex. 572, 590-91, 296 S.W. 1070, 1079 (1927). The authority to establish courts is one of those inherent, exclusive powers. See Reagan v. City of Texarkana, 238 S.W. 717, 719 (Tex. Civ. App.-Texarkana 1922), aff'd, 112 Tex. 317, 247 S.W. 816 (1923). Although the legislature cannot delegate its inherent authority to pass a law, it can delegate the authority to make a fact finding essential to the operation of the law if the fact is one the legislature cannot practicably and efficiently determine. See Housing Auth. v. Higginbotham, 135 Tex. 158, 171, 143 S.W.2d 79, 87 (1940); Trimmier, 116 Tex. at 591, 296 S.W. at 1079. The legislature may make the applicability of the law subject to this fact finding. See Housing Auth., 135 Tex. at 172, 143 S.W.2d at 87; Trimmier, 116 Tex. at 591, 296 S.W. at 1080; Reynolds v. Dallas County, 203 S.W.2d 320, 324 (Tex. Civ. App.-Amarillo 1947), certified question answered, 146 Tex. 372, 207 S.W.2d 362 (1948). This situation usually applies to matters of local concern. See Trimmier, 116 Tex. at 591, 296 S.W. at 1080. This delegated authority is an exception to the general limitations of the constitution and "is merely tantamount to saying that the Constitution itself does not require the impracticable or the impossible." Id. 116 Tex. at 596, 296 S.W. at 1082. The exercise of this delegated authority must be based on standards established by the legislature. See Housing Auth., 135 Tex. at 172, 143 S.W.2d at 87.