(g) Except as provided by Subsection (i) of this section, this section does not limit the power of the legislature to reapportion the judicial districts of the state, to increase the number of judicial districts, or to provide for consequent matters on reapportionment. Sec. The Constitution of 1845 included which of the following elements? Section Four requires the United States to protect each state from invasion, and, upon the application of the state legislature (or executive, if the legislature cannot be convened), from domestic violence. Each Court of Appeals shall designate one of its members for inclusion in the list from which the selection is made. The legislature may provide for the effect of a reapportionment made by the board on pending cases or the transfer of pending cases, for jurisdiction of a county court where county court jurisdiction has been vested by law in a district court affected by the reapportionment, for terms of the courts upon existing officers and their duties, and for all other matters affected by the reapportionment. (e) The Legislature shall also provide for the holding of District Court when the Judge thereof is absent, or is from any cause disabled or disqualified from presiding. (f) Any city which owns airport facilities not serving certificated airlines which are not purchased or acquired or taken over as herein provided by such Authority shall have the power to operate the same under the existing laws or as the same may hereafter be amended. An Airport Authority may be created and be composed of the county or counties that vote in favor of its creation if separate propositions are submitted to the voters of each county so that they may vote for a two or more county Authority or a single county Authority. 32. Texas voters later decide whether to adopt the proposed amendments. State of Texas | Statewide Search | Report Fraud in Texas | Texas Statutes, Site Map | Library Policies | Accessibility | Employment Opportunities, 205 West 14th Street, Austin, Texas 78701-1614. 28: See Appendix, Note 3.). Oregon. No more than one (1) such election may be called in a county until after the expiration of one (1) year in the event such an election has failed, and thereafter only upon a petition of ten per cent (10%) of the qualified voters being presented to the Commissioners Court or Commissioners Courts of the county or counties in which such an election has failed. 6 Article 7 of the Texas constitution Requires that the state legislature establish and maintain "an efficient system of public free schools" Article 8 of the Texas constitution deals with taxation and revenue. 2. The Fugitive Slave Clause requires the return of fugitive slaves; this clause has not been repealed, but it was rendered moot by the Thirteenth Amendment, which abolished slavery, except in the prison system. EXECUTIVE DEPARTMENT Sec. Texas Constitution Braden's Annotated Texas Constitution Guide to Historical Texas Constitutions. (b) The membership of the board consists of the Chief Justice of the Texas Supreme Court who serves as chairman, the presiding judge of the Texas Court of Criminal Appeals, the presiding judge of each of the administrative judicial districts of the state, the president of the Texas Judicial Council, and one person who is licensed to practice law in this state appointed by the governor with the advice and consent of the senate for a term of four years. If such tax is authorized, no political subdivision or municipality within or having the same boundaries as the district may levy a tax for medical or hospital care for needy individuals, nor shall they maintain or erect hospital facilities, but the district shall by resolution assume all such responsibilities and shall assume all of the liabilities and obligations (including bonds and warrants) of such subdivisions or municipalities or both. Digital images of these are available through Texas Constitutions 1824-1876, a project of the Tarlton Law Library and the University of Texas at Austin's School of Law. (h) added Nov. 5, 2002.) Sec. Amended Nov. 2, 1954, and Nov. 2, 1993.). The Texas Constitutional Convention of 1875 met in Austin with the purpose of replacing the Constitution of 1869; it was believed that the new constitution should restrict the state government and hand the power back to the people. the number of securities in the portfolio? (a) All judges of courts of this State, by virtue of their office, are conservators of the peace throughout the State. The Legislature may also provide for the dissolution of hospital districts provided that a process is afforded by statute for: (1) determining the desire of a majority of the qualified voters within the district to dissolve it; (2) disposing of or transferring the assets, if any, of the district; and. The practice and procedures relating to the use of indictments and informations, including their contents, amendment, sufficiency, and requisites, are as provided by law. The Court held. (Feb. 15, 1876. Sec. This article makes a personal income tax unlikely in Texas because: registered voters in the state must approve a personal income tax. The legislature by law may determine the health care services a hospital district is required to provide, the requirements a resident must meet to qualify for services, and any other relevant provisions necessary to regulate the provision of health care to residents. Sec. Sec. (TEMPORARY TRANSITION PROVISION for Sec. B. Who were the framers of the Constitution? This article makes a personal income tax unlikely in Texas because: registered voters in the state must approve a personal income tax. USA.gov, The U.S. National Archives and Records Administration The Legislature may enact any laws not inconsistent with this Section which it may deem necessary to permit said counties to implement, enforce and administer the provisions contained herein. [11], When, therefore, Texas became one of the United States, she entered into an indissoluble relation. (e) Unless the legislature enacts a statewide reapportionment of the judicial districts following each federal decennial census, the board shall convene not later than the first Monday of June of the third year following the year in which the federal decennial census is taken to make a statewide reapportionment of the districts. Sec. The Dennison decision was overruled by Puerto Rico v. Branstad (1987); now, the federal courts may require the extradition of fugitives. In addition, the Court of Criminal Appeals may, on its own motion, review a decision of a Court of Appeals in a criminal case as provided by law. (TEMPORARY TRANSITION PROVISION for Sec. 19. (Added Aug. 14, 1883; amended Nov. 6, 2001.) The Court of Appeals may sit in sections as authorized by law. 3: See Appendix, Note 3. Clause One of Section 2 requires interstate protection of "privileges and immunities". 18: See Appendix, Note 3.). (Former Sec. The current constitution took effect on February 15, 1876. As free states sought to undermine the federal law, the even more severe Fugitive Slave Act of 1850 was enacted. In case of vacancy the Commissioners Court of the county shall have the power to appoint a County Attorney until the next general election. 4: See Appendix, Note 1.). In Kentucky v. Dennison (1860),[1] the Supreme Court held that the federal courts may not compel state governors to surrender fugitives through the issue of writs of mandamus. The state constitution establishes the structure and purpose of the Texas government. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. Texas Democrats gained control of Congress in 1873 and decided it was time to draft a new constitution for Texas. The previous six were the 1827 Constitution of the State of Coahuila and Tejas, the 1836Constitution of the Republic of Texas,and different versions of the constitution of Texas for the years 1845, 1861, 1866, and 1869. Authored by: Kris S. Seago. The seeming ambiguity of the clause has given rise to a number of different interpretations. It also empowers Congress to admit new states and administer the territories and other federal lands . Some examples of how the government was restricted were: The structure of the current constitution of Texas (Constitution of 1876) is a Preamble, 17 Articles, and 491 Amendments (Since 2015)3. (6) A. Sec. The current constitution took effect on February 15, 1876. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. Bicameral legislature with a House of Representatives and a Senate. (b) The Legislature may by law permit the County of Comanche to render financial aid to that District by paying a part of the expenses of operating and maintaining the system and paying a part of the debts of the District (whether assumed or created by the District) and may authorize the levy of a tax not to exceed ten cents (10) per One Hundred Dollar ($100) valuation (in addition to other taxes permitted by this Constitution) upon all property within the County but without the County Commissioners Precinct No. 29. COURT OF CRIMINAL APPEALS; JUDGES. He shall receive as compensation for his services such fees and perquisites as may be prescribed by law. Under the current Texas Constitution, there are ___ members in the Senate and ___ members in the House. The structure of the current constitution of Texas (Constitution of 1876) is a Preamble, 17 Articles, and 491 Amendments (Since 2015) 3. CREATION AND MODIFICATION OF COUNTIES. (TEMPORARY TRANSITION PROVISIONS for Sec. The first section requires states to extend "full faith and credit" to the public acts, records and court proceedings of other states. (b) An indictment is a written instrument presented to a court by a grand jury charging a person with the commission of an offense. ), (TEMPORARY TRANSITION PROVISIONS for Sec. District Court jurisdiction consists of exclusive, appellate, and original jurisdiction of all actions, proceedings, and remedies, except in cases where exclusive, appellate, or original jurisdiction may be conferred by this Constitution or other law on some other court, tribunal, or administrative body. A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime. Provided, that the decision of said courts shall be conclusive on all questions of fact brought before them on appeal or error. Texas utilizes a plural executive which means the power of the Governor is limited and distributed amongst other government officials.In other words, there is not one government official in Texas that is solely responsible for the Texas Executive Branch. Said court shall dispose of probate business either in term time or vacation, under such regulation as may be prescribed by law. The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence. 28. (b) If any such district is created, it may be authorized to levy a tax not to exceed Seventy-five Cents (75) on the One Hundred Dollar ($100) valuation of taxable property within the district; provided, however, no tax may be levied until approved by a majority vote of the participating resident qualified voters. 8. 31. If the Board of Directors is elected they shall be elected by the qualified voters of the county which chooses to elect the Directors to represent that county. (b) The Legislature shall provide for the option by the governing body of the city or cities whose airport facilities are served by certificated airlines and whose facility or some interest therein, is proposed to be or has been acquired by the Authority, to either appoint or elect a Board of Directors of said Authority. Log in. b. 11. (e) The Legislature shall authorize the purchase or acquisition by the Authority of any existing airport facility publicly owned and financed and served by certificated airlines, in fee or of any interest therein, or to enter into any lease agreement therefor, upon such terms and conditions as may be mutually agreeable to the Authority and the owner of such facilities, or authorize the acquisition of same through the exercise of the power of eminent domain. Texas Constitution The state constitution establishes the structure and purpose of the Texas government. However, the Supreme Court, in Texas v. White (1869), held that a state cannot unilaterally do so. Said Justices shall be elected by the qualified voters of their respective districts at a general election, for a term of six years and shall receive for their services the sum provided by law. (c) If such tax is authorized, no political subdivision or municipality within or having the same boundaries as the district may levy a tax for medical or hospital care for needy individuals, nor shall they maintain or erect hospital facilities, but the district shall by resolution assume all such responsibilities and shall assume all of the liabilities and obligations (including bonds and warrants) of such subdivisions or municipalities or both. (Feb. 15, 1876. COURTS OF APPEALS; JUSTICES; JURISDICTION. Sec. That phrase incorporates all acts prohibited by the laws of a state, including misdemeanors and small, or petty, offenses. The Court and the Judges thereof shall have the power to issue such other writs as may be necessary to protect its jurisdiction or enforce its judgments. (e) and (f) added Nov. 3, 1987; Subsecs. In trials of civil cases in the District Courts, nine members of the jury, concurring, may render a verdict, but when the verdict shall be rendered by less than the whole number, it shall be signed by every member of the jury concurring in it. 9: See Appendix, Note 1.). [21] The utility company claimed that the use of referendums, as a form of direct democracy, violated the republican form of government clause, which permits only a representative democracy. The Legislature may by general or special law provide for the creation, establishment, maintenance and operation of hospital districts composed of one or more counties or all or any part of one or more counties with power to issue bonds for the purchase, construction, acquisition, repair or renovation of buildings and improvements and equipping same, for hospital purposes; providing for the transfer to the hospital district of the title to any land, buildings, improvements and equipment located wholly within the district which may be jointly or separately owned by any city, town or county, providing that any district so created shall assume full responsibility for providing medical and hospital care for its needy inhabitants and assume the outstanding indebtedness incurred by cities, towns and counties for hospital purposes prior to the creation of the district, if same are located wholly within its boundaries, and a pro rata portion of such indebtedness based upon the then last approved tax assessment rolls of the included cities, towns and counties if less than all the territory thereof is included within the district boundaries; providing that after its creation no other municipality or political subdivision shall have the power to levy taxes or issue bonds or other obligations for hospital purposes or for providing medical care within the boundaries of the district; providing for the levy of annual taxes at a rate not to exceed seventy-five cents (75) on the One Hundred Dollar valuation of all taxable property within such district for the purpose of meeting the requirements of the district's bonds, the indebtedness assumed by it and its maintenance and operating expenses, providing that such district shall not be created or such tax authorized unless approved by a majority of the qualified voters thereof voting at an election called for the purpose; and providing further that the support and maintenance of the district's hospital system shall never become a charge against or obligation of the State of Texas nor shall any direct appropriation be made by the Legislature for the construction, maintenance or improvement of any of the facilities of such district. (a) The Supreme Court shall exercise the judicial power of the state except as otherwise provided in this Constitution. restrict the power of the government in order to keep any governor from being as powerful as Edmund J. Davis, who served under the Reconstruction Constitution of 1869. in Article 1 of the Constitution, demonstrating the authors' commitment to limiting the way political power is used to keep it from being abused. Article 4 of the Texas Constitution describes the executive department (branch) of Texas. Article 4 of the Texas Constitution creates a plural executive, stating that there are ___ distinct offices in the executive branch. (i) The legislature, the Judicial Districts Board, or the Legislative Redistricting Board may not redistrict the judicial districts to provide for any judicial district smaller in size than an entire county except as provided by this section. A jury in the County Court shall consist of six persons; but no jury shall be empaneled to try a civil case unless demanded by one of the parties, who shall pay such jury fee therefor, in advance, as may be prescribed by law, unless the party makes affidavit that the party is unable to pay the jury fee. Sec. Anna M. Tinsley. On the filing of a sworn complaint charging a person holding such office with willful or persistent violation of rules promulgated by the Supreme Court of Texas, incompetence in performing the duties of the office, willful violation of the Code of Judicial Conduct, or willful and persistent conduct that is clearly inconsistent with the proper performance of his duties or casts public discredit on the judiciary or on the administration of justice, the Commission, after giving the person notice and an opportunity to appear and be heard before the Commission, may recommend to the Supreme Court the suspension of such person from office. 9. Amended Aug. 11, 1891, Nov. 7, 1978, Nov. 4, 1980, Nov. 5, 1985, and Nov. 6, 2001.) It shall annually select one of its members as Chairman. (12) No person holding an office specified in Subsection (6) of this Section shall sit as a member of the Commission in any proceeding involving his own suspension, discipline, censure, retirement or removal. The Constitution of 1836 adapted provisions from Spanish-Mexican law, including: community property, homestead exemptions and protections, and debtor relief. The elections must be held on the same day if more than one county is included. In Mahon a body of armed men from Kentucky forcibly took, without a warrant, a man in West Virginia to bring him back to Kentucky for formal arrest and trial. ), (TEMPORARY TRANSITION PROVISION for Sec. The office of every such Justice and Judge shall become vacant on the expiration of the term during which the incumbent reaches the age of seventy-five (75) years or such earlier age, not less than seventy (70) years, as the Legislature may prescribe, except that if a Justice or Judge elected to serve or fill the remainder of a six-year term reaches the age of seventy-five (75) years during the first four years of the term, the office of that Justice or Judge shall become vacant on December 31 of the fourth year of the term to which the Justice or Judge was elected. (Former Sec. The review tribunal shall review the record of the proceedings on the law and facts and in its discretion may, for good cause shown, permit the introduction of additional evidence. Grand juries empaneled in the District Courts shall inquire into misdemeanors, and all indictments therefor returned into the District Courts shall forthwith be certified to the County Courts or other inferior courts, having jurisdiction to try them for trial; and if such indictment be quashed in the County, or other inferior court, the person charged, shall not be discharged if there is probable cause of guilt, but may be held by such court or magistrate to answer an information or affidavit. Sec. The Extradition Clause requires that fugitives from justice be extradited on the demand of executive authority of the state from which they flee. protection by the Government; the enjoyment of life and liberty the right of a citizen of one State to pass through, or to reside in any other State, for purposes of trade, agriculture, professional pursuits, or otherwise; to claim the benefits of the writ of habeas corpus; to institute and maintain actions of any kind in the courts of the State; to take, hold and dispose of property, either real or personal; and an exemption from higher taxes or impositions than are paid by the other citizens of the State. 2: See Appendix, Note 1.). In another case, Kleppe v. New Mexico, the Court ruled that the federal Wild Horse and Burro Act was a constitutional exercise of congressional power under the Property Clause at least insofar as it was applied to a finding of trespass. (TEMPORARY TRANSITION PROVISIONS for Sec. (h) An additional county or counties may be added to an existing Authority if a petition of five per cent (5%) of the qualified voters is filed with and an election is called by the Commissioners Court of the county or counties seeking admission to an Authority. The project includes digitized images and searchable text versions of the constitutions. (b) The appeal of all cases in which the death penalty has been assessed shall be to the Court of Criminal Appeals. Fugitives brought to states by means other than extradition may be tried, even though the means of the conveyance was unlawful; the Supreme Court so ruled in Mahon v. Justice, 127 U.S. 700 (1888). XVI, amended to redesignate as Sec. The county or counties that may be so added to the then existing Authority shall be given representation on the Board of Directors by adding additional directors in proportion to their population according to the last preceding Federal Census. 7. If the Judicial Districts Board fails to make a statewide apportionment by that date, the Legislative Redistricting Board established by Article III, Section 28, of this constitution shall make a statewide reapportionment of the judicial districts not later than the 150th day after the final day for the Judicial Districts Board to make the reapportionment. (g) (Redesignated as Subsec. Amended Aug. 11, 1891, Nov. 8, 1977, and Nov. 4, 1980.). Sec. (Added Nov. 5, 1985; Subsec. Registered voters vote on approval. Sec. ___ that was previously declared dormant." (7) The Commission shall keep itself informed as fully as may be of circumstances relating to the misconduct or disability of particular persons holding an office named in Paragraph A of Subsection (6) of this Section, receive complaints or reports, formal or informal, from any source in this behalf and make such preliminary investigations as it may determine. (2000). The Legislature shall provide for transfer of title to properties to the district. The County Commissioners so chosen, with the County Judge as presiding officer, shall compose the County Commissioners Court, which shall exercise such powers and jurisdiction over all county business, as is conferred by this Constitution and the laws of the State, or as may be hereafter prescribed. (3) satisfying the debts and bond obligations, if any, of the district, in such manner as to protect the interests of the citizens within the district, including their collective property rights in the assets and property of the district, provided, however, that any grant from federal funds, however dispensed, shall be considered an obligation to be repaid in satisfaction and provided that no election to dissolve shall be held more often than once each year. The clause has given rise to a number of different interpretations the judicial power of the United states she! 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