Legal Question in Constitutional Law in Texas
Ammendments to state laws applied retoactively
If a state (Texas)passed a criminal law in 1997, changed some wording in 1999 ammending that law and that change went into effect on Sept. 1999, can this ammendment be made retroactive to 1997? Do state's legislature have the legal athority to abrogate a federal statute?
Can someone give me the path to that part of the constitution or statute covering the prohibition of applying laws retroavtively?
1 Answer from Attorneys
Re: Ammendments to state laws applied retoactively
Generally a statute cannot be made retroactive unless the statute makes the procedure retroactive as opposed to making a change in vested rights. For example, if the statute changed the amount of a drug that was a felony from 4 grams to 10 grams, the change is substantive. However, if the change relates to some procedural issue, in most cases retroactive enforcement could be considered proper. However, this area of the law is an evolving area, and you should seek out an attorney's advice on this issue.
The portion of the constitution that you are looking for is that dealing with ex post facto laws and "bills of attainder."
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