Article IV of the U.S. Constitution is a relatively uncontroversial section that establishes the relationship between states and their disparate laws. (a) The Legislature may by law authorize the creation of a Hospital District to be co-extensive with the limits of County Commissioners Precinct No. (a) amended Nov. 2, 1999; Subsec. Log in. Nothing in this amendment shall increase the rights of any riparian or littoral landowner with regard to beaches available to the public by virtue of public right or submerged lands. The practice and procedures relating to the use of indictments and informations, including their contents, amendment, sufficiency, and requisites, are as provided by law. Texas Democrats gained control of Congress in 1873 and decided it was time to draft a new constitution for Texas. (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 Privileges and Immunities Clause requires interstate protection of "privileges and immunities," preventing each state from treating citizens of other states in a discriminatory manner. (TEMPORARY TRANSITION PROVISION for Sec. (TEMPORARY TRANSITION PROVISION for Sec. Sec. (b) The supreme court and the court of criminal appeals shall promulgate rules of procedure relating to the review of those questions. (c) A majority of the total membership of the board constitutes a quorum for the transaction of business. Sec. Others suggest that citizens of states carry the rights accorded by their home states while traveling in other states. (h) The commissioners court of a county may declare the office of constable in a precinct dormant if at least seven consecutive years have passed since the end of the term of the person who was last elected or appointed to the office and during that period of time no person was elected to fill that office, or during that period a person was elected to that office, but the person failed to meet the qualifications of that office or failed to assume the duties of that office. Service on the tribunal shall be considered part of the official duties of a judge, and no additional compensation may be paid for such service. APPEAL BY STATE IN CRIMINAL CASES. When any part of a county is stricken off and attached to, or created into another county, the part stricken off shall be holden for and obliged to pay its proportion of all the liabilities then existing, of the county from which it was taken, in such manner as may be prescribed by law. [21] The court rejected the challenge, finding the challenge to have presented a nonjusticiable political question that only Congress can resolve. If an election is called under this subsection, the commissioners court shall order the ballot for the election to be printed to permit voting for or against the proposition: "Reinstating the office of Constable of Precinct No. The adoption of a reapportionment order requires a majority vote of the total membership of the board. 11. The Legislative Reference Library has a constitutional amendment search and the Texas Legislative Council offers a table of constitutional amendments since 1876 [PDF]. 11: See Appendix, Note 3.). 9. The state legislature can propose amendments to the constitution. This disqualification of judges of inferior tribunals shall be remedied and vacancies in their offices filled as may be prescribed by law. Amended Nov. 2, 1954, and Nov. 2, 1993.). (3) The regular term of office of Commissioners shall be six (6) years; but the initial members of each of classes (i), (ii) and (iii) shall respectively be chosen for terms of four (4) and six (6) years, and the initial members of class (iiii) for respective terms of two (2), four (4) and six (6) years. (f) Notwithstanding the provisions of Article IX of this constitution, if a hospital district was created or authorized under a constitutional provision that includes a description of the district's boundaries or jurisdiction, the legislature by law may authorize the district to change its boundaries or jurisdiction. Sec. 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. Provided, that the decision of said courts shall be conclusive on all questions of fact brought before them on appeal or error. The legislature may delegate any of these powers to the board. (c) The Legislature shall provide for the holding of an election in each county proposing the creation of an Authority to be called by the Commissioners Court or Commissioners Courts, as the case may be, upon petition of five per cent (5%) of the qualified voters within the county or counties. 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. The Full Faith and Credit Clause requires states . 24. (a) The State shall be divided into judicial districts, with each district having one or more Judges as may be provided by law or by this Constitution. 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. (Added Nov. 6, 1962; amended Nov. 2, 1999.) (Added Nov. 2, 1948; Subsecs. County court judges shall have the power to issue writs necessary to enforce their jurisdiction. The Constitution of 1836 adapted provisions from Spanish-Mexican law, including: community property, homestead exemptions and protections, and debtor relief. 7a. The County Judge is the presiding officer of the County Court and has judicial functions as provided by law. This site works best with JavaScript enabled. Amended Aug. 11, 1891, Nov. 8, 1977, and Nov. 4, 1980.). Article 4 of the Texas constitution creates a plural executive, specifying_______distinct offices in the executive branch. 12. Table 2.2 Articles of the Texas Constitution of 1876, The Texas Constitution's Bill of Rights Similar civil liberties and civil rights as in the U.S. Constitutions Bill of Rights, Establishes three branches of government with separation of powers, Specifics about the Texas Judicial system, -any convicted felon who has not completed their sentence, or. (TEMPORARY TRANSITION PROVISION for Sec. 1. Article I, Section 2, provides that "the faith of the people of Texas government" Article III, Sections 3 and 4, provide respectively that Senators and Representatives shall be chosen by the qualified electors. When, pending the trial of any case, one or more jurors not exceeding three, may die, or be disabled from sitting, the remainder of the jury shall have the power to render the verdict; provided, that the Legislature may change or modify the rule authorizing less than the whole number of the jury to render a verdict. Amended Aug. 11, 1891, Nov. 4, 1958, and Nov. 6, 2001.) The Luther v. Borden ruling left the responsibility to establish guidelines for the republican nature of state governments in the hands of the Congress. [17] By ensuring that all states must have the same basic republican philosophy, the Guarantee Clause is one of several portions of the Constitution which mandates symmetric federalism between the states. No judge shall sit in any case wherein the judge may be interested, or where either of the parties may be connected with the judge, either by affinity or consanguinity, within such a degree as may be prescribed by law, or when the judge shall have been counsel in the case. (a) The Supreme Court is responsible for the efficient administration of the judicial branch and shall promulgate rules of administration not inconsistent with the laws of the state as may be necessary for the efficient and uniform administration of justice in the various courts. Most other benefits were held not to be protected privileges and immunities. Sec. A project created by ISKME. 2: See Appendix, Note 3.). 2. CREATION AND MODIFICATION OF COUNTIES. A republican form of government is distinguished from a direct democracy, which the Founding Fathers had no intentions of entering. ", List of U.S. states by date of admission to the Union, Pacific States Telephone and Telegraph Co. v. Oregon, List of states and territories of the United States, "Common Interpretation: The Admissions Clause", "Essays on Article IV: New States Clause", "Federal Land Ownership: Overview and Data", "Essays on Article VII: Ratification Clause". (1) amended Nov. 6, 2007; Subsec. Any person holding an office named in Paragraph A of this subsection who is eligible for retirement benefits under the laws of this state providing for judicial retirement may be involuntarily retired, and any person holding an office named in that paragraph who is not eligible for retirement benefits under such laws may be removed from office, for disability seriously interfering with the performance of his duties, which is, or is likely to become, permanent in nature. Notwithstanding Section 1, Article II, of this constitution, the legislature may: (1) require a court in which a party to litigation files a petition, motion, or other pleading challenging the constitutionality of a statute of this state to provide notice to the attorney general of the challenge if the party raising the challenge notifies the court that the party is challenging the constitutionality of the statute; and. (2), (6), and (8)-(12) amended and (14) added Nov. 6, 1984; Subsecs. CREATION, OPERATION, AND DISSOLUTION OF HOSPITAL DISTRICTS. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. (b) Each district judge shall be elected by the qualified voters at a General Election. (b) A vacancy in the office of County Judge or Justice of the Peace shall be filled by the Commissioners Court until the next succeeding General Election. JUDICIAL DISTRICTS; DISTRICT JUDGES; TERMS OR SESSIONS; ABSENCE, DISABILITY, OR DISQUALIFICATION OF DISTRICT JUDGE. By the end of this section, you will be able to: This section discussesthe Constitution of 1876s role in Texas. [20] In Pacific States, a utility company challenged an Oregon tax law passed by a referendum, as opposed to the ordinary legislative process. 27: See Appendix, Note 3.). (a) The state shall be divided into courts of appeals districts, with each district having a Chief Justice, two or more other Justices, and such other officials as may be provided by law. (a) The Legislature may by law authorize the creation of hospital districts in Ochiltree, Castro, Hansford and Hopkins Counties, each district to be coextensive with the limits of such county. He shall receive as compensation for his services such fees and perquisites as may be prescribed by law. (Feb. 15, 1876. 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. (TEMPORARY TRANSITION PROVISION for Sec. (g) redesignated as Subsec. VACANCY IN JUDICIAL OFFICE. (g) Any such Authority when created may be granted the power and authority to promulgate, adopt and enforce appropriate zoning regulations to protect the airport from hazards and obstructions which would interfere with the use of the airport and its facilities for landing and take-off. 32. Texas voters later decide whether to adopt the proposed amendments. 546 (C.C.E.D. Sec. 312 (1839), the court heard a case where one party obtained a judgment in South Carolina and sought to enforce it in Georgia, which had a statute of limitations that barred actions on judgments after a certain amount of time had passed since the judgment was entered. Under the equal footing doctrine, however, Texas was found not to have control over the three-mile belt after admission into the Union, because the original states did not at the time of joining the union control such waters. 14 added Nov. 6, 2001.) "The Rule of Law and the States: A New Interpretation of the Guarantee Clause. 9. PARTICIPATION OF MUNICIPALITIES AND OTHER POLITICAL SUBDIVISIONS IN ESTABLISHMENT AND OPERATION OF MENTAL HEALTH, MENTAL RETARDATION, OR PUBLIC HEALTH SERVICES. The Legislature shall provide for transfer of title to properties to the district. The Texas Constitution does not contain a necessary and proper clause like the U.S. Constitution, therefore making it the second-longest state constitution in America (2nd only to Alabamas). (Feb. 15, 1876. The Supreme Court, after considering the record of such appearance and the recommendation of the Commission, may suspend the person from office with or without pay, pending final disposition of the charge. Sec. 1: See Appendix, Note 1.). However, in McElmoyle v. Cohen, 38 U.S. (13 Pet.) If the tax is authorized by the legislature and approved by the voters of the area to be taxed, the Amarillo Hospital District shall, by resolution, assume the responsibilities, obligations, and liabilities of Randall County in accordance with Subsection (a) of this section and, except as provided by this subsection, Randall County may not levy taxes or issue bonds for hospital purposes or for providing hospital care for needy inhabitants of the county. (8) After such investigation as it deems necessary, the Commission may in its discretion issue a private or public admonition, warning, reprimand, or requirement that the person obtain additional training or education, or if the Commission determines that the situation merits such action, it may institute formal proceedings and order a formal hearing to be held before it concerning a person holding an office or position specified in Subsection (6) of this Section, or it may in its discretion request the Supreme Court to appoint an active or retired District Judge or Justice of a Court of Appeals, or retired Judge or Justice of the Court of Criminal Appeals or the Supreme Court, as a Master to hear and take evidence in the matter, and to report thereon to the Commission. Sec. 5. The Legislature may provide for the election of District Attorneys in such districts, as may be deemed necessary, and make provision for the compensation of District Attorneys and County Attorneys. The court shall have the power upon affidavit or otherwise to ascertain such matters of fact as may be necessary to the exercise of its jurisdiction. When first adopted, this clause applied to fugitive slaves and required that they be extradited upon the claims of their masters, but it provided no means for doing so. Amended Nov. 7, 1978, and Nov. 5, 1985.). 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. JURISDICTION OF COURT OF CRIMINAL APPEALS. The Legislature shall have power to create counties for the convenience of the people subject to the following provisions: (1) Within the territory of any county or counties, no new county shall be created with a less area than seven hundred square miles, nor shall any such county now existing be reduced to a less area than seven hundred square miles. A County Attorney, for counties in which there is not a resident Criminal District Attorney, shall be elected by the qualified voters of each county, who shall be commissioned by the Governor, and hold his office for the term of four years. Attempts to write a new constitution for Texas: have little prospect for success in the next few years. (a) The Legislature may by law provide for the creation, establishment, maintenance and operation of Airport Authorities composed of one or more counties, with power to issue general obligation bonds, revenue bonds, either or both of them, for the purchase, acquisition by the exercise of the power of eminent domain or otherwise, construction, reconstruction, repair or renovation of any airport or airports, landing fields and runways, airport buildings, hangars, facilities, equipment, fixtures, and any and all property, real or personal, necessary to operate, equip and maintain an airport. (TEMPORARY TRANSITION PROVISION for Sec. The County Court shall hold terms as provided by law. Texans to decide whether to update their aging constitution. The Texas Constitution does not contain a "necessary and proper clause" like the U.S. Constitution, therefore making it the second-longest state constitution in America (2nd only to Alabama's). 10. 6. (2), (5)-(10), and (12) amended Nov. 8, 1977; Subsecs. To put restrictions on the power of government in the body of the document, making it difficult to change over time. (TEMPORARY TRANSITION PROVISIONS for Sec. Since the establishment of the United States in 1776, the number of states has expanded from the original 13 to 50. Bicameral legislature with a House of Representatives and a Senate. [2] Alleged fugitives generally may not challenge extradition proceedings. Why were the protections for slavery that were included in the Constitution of 1836 noteworthy? Notwithstanding any other section of this article, the Legislature in providing for the creation, establishment, maintenance, and operation of a hospital district, shall not be required to provide that such district shall assume full responsibility for the establishment, maintenance, support, or operation of mental health services or mental retardation services including the operation of any community mental health centers, community mental retardation centers or community mental health and mental retardation centers which may exist or be thereafter established within the boundaries of such district, nor shall the Legislature be required to provide that such district shall assume full responsibility of public health department units and clinics and related public health activities or services, and the Legislature shall not be required to restrict the power of any municipality or political subdivision to levy taxes or issue bonds or other obligations or to expend public moneys for the establishment, maintenance, support, or operation of mental health services, mental retardation services, public health units or clinics or related public health activities or services or the operation of such community mental health or mental retardation centers within the boundaries of the hospital districts; and unless a statute creating a hospital district shall expressly prohibit participation by any entity other than the hospital district in the establishment, maintenance, or support of mental health services, mental retardation services, public health units or clinics or related public health activities within or partly within the boundaries of any hospital district, any municipality or any other political subdivision or state-supported entity within the hospital district may participate in the establishment, maintenance, and support of mental health services, mental retardation services, public health units and clinics and related public health activities and may levy taxes, issue bonds or other obligations, and expend public moneys for such purposes as provided by law. The Guarantee Clause mandates that all U.S. states must be grounded in republican principles such as the consent of the governed. DIRECT APPEAL FROM ORDER GRANTING OR DENYING INJUNCTION. There are, however, several places within it where the principles behind the concept are articulated. Discretionary review by the Court of Criminal Appeals is not a matter of right, but of sound judicial discretion. License: CC BY: Attribution. CREATION AND FUNDING OF HOSPITAL DISTRICT IN COUNTY COMMISSIONERS PRECINCT NO. 23. JUDICIAL POWER VESTED IN COURTS; LEGISLATIVE POWER REGARDING COURTS. 18: See Appendix, Note 3.). (TEMPORARY TRANSITION PROVISIONS for Sec. The County Court shall hold at least four terms for both civil and criminal business annually, as may be provided by the Legislature, or by the Commissioners Court of the county under authority of law, and such other terms each year as may be fixed by the Commissioners Court; provided, the Commissioners Court of any county having fixed the times and number of terms of the County Court, shall not change the same again until the expiration of one year. QUESTIONS OF STATE LAW CERTIFIED FROM FEDERAL APPELLATE COURT. The union between Texas and the other States was as complete, as perpetual, and as indissoluble as the union between the original States. (d) A District Court shall conduct its proceedings at the county seat of the county in which the case is pending, except as otherwise provided by law. 5b: See Appendix, Note 3.). Sec. (b) The Legislature may by law permit the County of Potter (in which the City of Amarillo is partially located) 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 Dollars ($100.00) valuation (in addition to other taxes permitted by this Constitution) upon all property within the county but without the City of Amarillo at the time such levy is made for such purposes. However, the Commission may issue a public statement through its executive director or its Chairman at any time during any of its proceedings under this Section when sources other than the Commission cause notoriety concerning a Judge or the Commission itself and the Commission determines that the best interests of a Judge or of the public will be served by issuing the statement. County judges, county attorneys, clerks of the district and county courts, justices of the peace, constables, and other county officers, may be removed by the judges of the district courts for incompetency, official misconduct, habitual drunkenness, or other causes defined by law, upon the cause therefor being set forth in writing and the finding of its truth by a jury. [14] These holdings include national parks, national forests, recreation areas, wildlife refuges, vast tracts of range and public lands managed by the Bureau of Land Management, reservations held in trust for Native American tribes, military bases, and ordinary federal buildings and installations. 9: 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 Legislature shall provide for transfer of title to properties to the District. The property of state regulated common carriers required by law to pay a tax upon intangible assets shall not be subject to taxation by the Authority. The court upheld Georgia's refusal to enforce the South Carolina judgment. The Dennison decision was overruled by Puerto Rico v. Branstad (1987); now, the federal courts may require the extradition of fugitives. (2) prescribe a reasonable period, which may not exceed 45 days, after the provision of that notice during which the court may not enter a judgment holding the statute unconstitutional. The vote in the House was 69 for repeal and 38 against, which was short of the two-to-one vote required to amend the Constitution. The governor is the leader of the executive and legislative branch of the state government and is the commander in chief of the Texas Military. The Texas Constitution maintained on this website is the official text of the constitution. Such rule shall provide the right of discovery of evidence to a Justice, Judge, Master, or Magistrate after formal proceedings are instituted and shall afford to any person holding an office or position specified in Subsection (6) of this Section, against whom a proceeding is instituted to cause his retirement or removal, due process of law for the procedure before the Commission, Masters, review tribunal, and the Supreme Court in the same manner that any person whose property rights are in jeopardy in an adjudicatory proceeding is entitled to due process of law, regardless of whether or not the interest of the person holding an office or position specified in Subsection (6) of this Section in remaining in active status is considered to be a right or a privilege. The first ten amendments to the Constitution became known as the Bill of Rights. [15], Pursuant to a parallel clause in Article One, Section Eight, the Supreme Court has held that states may not tax such federal property. The motives of the governor demanding the extradition may not be questioned. (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. COUNTY-WIDE HOSPITAL DISTRICTS IN CERTAIN LARGE COUNTIES. (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. 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. The First Clause of Section Three, also known as the Admissions Clause,[6] grants to Congress the authority to admit new states into the Union. Under the current Texas Constitution, there are ___ members in the Senate and ___ members in the House. In case of vacancy the Commissioners Court of the county shall have the power to appoint a County Attorney until the next general election. 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. 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. (c) The legislature may delegate to the Supreme Court or Court of Criminal Appeals the power to promulgate such other rules as may be prescribed by law or this Constitution, subject to such limitations and procedures as may be provided by law. (d) The reapportionment powers of the board shall be exercised in the interims between regular sessions of the legislature, except that a reapportionment may not be ordered by the board during an interim immediately following a regular session of the legislature in which a valid and subsisting statewide apportionment of judicial districts is enacted by the legislature. 21 ] the court rejected the challenge, finding the challenge, finding the,! Shall hold TERMS as provided by law a reapportionment order requires a majority of the total of. The decision of said COURTS shall be entitled to all privileges and immunities ruling left the responsibility to guidelines! Be elected by the end of this section discussesthe Constitution of 1876s role Texas! Terms OR SESSIONS ; ABSENCE, DISABILITY, OR disqualification of judges of inferior tribunals shall entitled! Nov. 7, 1978, and article 4 of the texas constitution creates quizlet 4, 1958, and Nov. 5,.! 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article 4 of the texas constitution creates quizlet