(13-a) added Nov. 2, 2021.) In case of vacancy the Commissioners Court of the county shall have the power to appoint a County Attorney until the next general election. In a panel of three Judges, two Judges shall constitute a quorum and the concurrence of two Judges shall be necessary for a decision. If you would like to locate a library book, access the library catalog. (1) Subject to the further provisions of this Section, the Legislature shall provide for the retirement and compensation of Justices and Judges of the Appellate Courts and District and Criminal District Courts on account of length of service, age and disability, and for their reassignment to active duty where and when needed. Grand and petit juries in the District Courts shall be composed of twelve persons, except that petit juries in a criminal case below the grade of felony shall be composed of six persons; but nine members of a grand jury shall be a quorum to transact business and present bills. [5] This clause was rendered mostly moot when the Thirteenth Amendment abolished slavery. Amended Aug. 11, 1891, Aug. 25, 1945, Nov. 4, 1980, and Nov. 6, 2001; Subsec. 18. The Legislature may establish such other courts as it may deem necessary and prescribe the jurisdiction and organization thereof, and may conform the jurisdiction of the district and other inferior courts thereto. On this Wikipedia the language links are at the top of the page across from the article title. 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. 9. (e) and (f) added Nov. 7, 1995; Subsec. [15], Pursuant to a parallel clause in Article One, Section Eight, the Supreme Court has held that states may not tax such federal property. (5)-(9) and (11)-(13) amended Nov. 3, 1970; Subsecs. (Added Nov. 6, 1962; amended Nov. 8, 1966, and Nov. 7, 1989.). Article IV Section 1, creates several offices in the officers of the Executive Department (except Secretary of State) The adoption of a reapportionment order requires a majority vote of the total membership of the board. (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. (TEMPORARY TRANSITION PROVISION for Sec. In Corfield v. Coryell, 6 F. Cas. Known as the Constitution of 1869, the document remained controversial and the more radical provisions were not accepted by a large number of Texans. (c) Said Justices shall be elected (three of them each two years) by the qualified voters of the state at a general election; shall hold their offices six years; and shall each receive such compensation as shall be provided by law. With a majority vote, the amendment is ratified. Sec. Once the new Constitution went into effect, however, Congress admitted Vermont and Kentucky on equal terms and thereafter formalized the condition in its acts of admission for subsequent states, declaring that the new state enters "on an equal footing with the original States in all respects whatever." (TEMPORARY TRANSITION PROVISION for Sec. Said court shall dispose of probate business either in term time or vacation, under such regulation as may be prescribed by law. Article 8 of the Texas Constitution deals with taxation and revenue. reference to the US were replaced with references to the Confederacy. The judicial power of this State shall be vested in one Supreme Court, in one Court of Criminal Appeals, in Courts of Appeals, in District Courts, in County Courts, in Commissioners Courts, in Courts of Justices of the Peace, and in such other courts as may be provided by law. Article 4 of the Texas Constitution creates a plural executive, stating that there are ___ distinct offices in the executive branch. In Mills v. Duryee, 1t1 U.S. (7 Cranch) 481[permanent dead link] (1813), the United States Supreme Court ruled that the merits of a case, as settled by courts of one state, must be recognized by the courts of other states; state courts may not reopen cases which have been conclusively decided by the courts of another state. Authored by: Kris S. Seago. (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. While the Supreme Court's holding in Luther v. Borden still holds today, the Court, by looking to the Equal Protection Clause of the Fourteenth Amendment (adopted 19 years after Luther v. Borden was decided), has developed new criteria for determining which questions are political in nature and which are justiciable. (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. [18], The Federalist Papers also gives some insight as to the intent of the Founders. Before admission to the Union, Texas, as an independent nation, controlled water within three miles of the coast, the normal limit for nations. Sec. (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. Article II of the Texas Constitution consists of only a single section, with fewer than 100 words. Texans to decide whether to update their aging constitution. As James Madison wrote in Federalist No. (Feb. 15, 1876. 8: See Appendix, Note 1.). Amended Aug. 11, 1891, Nov. 4, 1958, and Nov. 6, 2001.) d. Why cant systematic risk be diversified away? 11: See Appendix, Note 3.). 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. (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. (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. COUNTY CLERK. 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. There was no place for reconsideration, or revocation, except through revolution, or through consent of the States. This article makes a personal income tax unlikely in Texas because: registered voters in the state must approve a personal income tax. If the Directors are appointed such appointment shall be made by the County Commissioners Court after consultation with and consent of the governing body or bodies of such city or cities. (h) Any judicial reapportionment order adopted by the board must be approved by a record vote of the majority of the membership of both the senate and house of representatives before such order can become effective and binding. Sec. (TEMPORARY TRANSITION PROVISIONS for Sec. Sec. Sec. There shall be elected for each county, by the qualified voters, a County Clerk, who shall hold his office for four years, who shall be clerk of the County and Commissioners Courts and recorder of the county, whose duties, perquisites and fees of office shall be prescribed by the Legislature, and a vacancy in whose office shall be filled by the Commissioners Court, until the next general election; provided, that in counties having a population of less than 8,000 persons there may be an election of a single Clerk, who shall perform the duties of District and County Clerks. How are we doing? In a series of opinions by the Supreme Court of the United States, referred to as the Insular Cases, the Court ruled that the territories belonged to, but were not part of the United States. Can you connect this to postpurchase dissonance? Instead, by entering the Union, Texas was found to have surrendered control over the water and the soil under it to Congress. Notwithstanding the population requirements of this subsection, Chambers County and Randall County, from time to time, for the convenience of the people, shall be divided into not less than two and not more than six precincts. (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. 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. (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. 4: See Appendix, Note 1.). 14 added Nov. 6, 2001.) 4: See Appendix, Note 3.). Sec. (1)-(13) amended Nov. 2, 1965; Subsecs. 7. gov.texas.gov. ___ that was previously declared dormant." 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. Justice of the peace courts shall have original jurisdiction in criminal matters of misdemeanor cases punishable by fine only, exclusive jurisdiction in civil matters where the amount in controversy is two hundred dollars or less, and such other jurisdiction as may be provided by law. 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. The appeal of all other criminal cases shall be to the Courts of Appeal as prescribed by law. 14, Art. 546 (C.C.E.D. Clause Two requires that fugitives from justice may be extradited on the demand of executive authority of the state from which they fled. PARTICIPATION OF MUNICIPALITIES AND OTHER POLITICAL SUBDIVISIONS IN ESTABLISHMENT AND OPERATION OF MENTAL HEALTH, MENTAL RETARDATION, OR PUBLIC HEALTH SERVICES. Sec. Sec. (d) Notwithstanding Section 1, Article II, of this constitution and any other provision of this constitution, if the supreme court does not act on a motion for rehearing before the 180th day after the date on which the motion is filed, the motion is denied. Texas State Library and Archives Commission.The 1870s: The Constitutional Convention of 1875, Revision and Adaptation. The Legislature shall provide for the payment of the necessary expense for the operation of the Commission. 14: See Appendix, Note 3. The Presiding Judge and the Judges shall be elected by the qualified voters of the state at a general election and shall hold their offices for a term of six years. Sec. A division or designation under this subsection shall be made by the Commissioners Court provided for by this Constitution. The Fugitive Slave Act of 1793 created the mechanism for recovering a fugitive slave, overruled any state laws giving sanctuary, made it a federal crime to assist an escaped slave, and allowed slave-catchers into every U.S. state and territory. Why did the Constitution of 1869 grant blacks the right to vote and recognize the 14th Amendment guarantees of equality before the law? What happens to the standard deviation of return for a portfolio if we increase Sec. There shall be elected by the qualified voters of each county a Sheriff, who shall hold his office for the term of four years, whose duties, qualifications, perquisites, and fees of office, shall be prescribed by the Legislature, and vacancies in whose office shall be filled by the Commissioners Court until the next general election. (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. In 1912, Luther was reaffirmed in Pacific States Telephone and Telegraph Co. v. 14 repealed Nov. 5, 1985; current Sec. (Feb. 15, 1876. 17: See Appendix, Note 3.). A Justice, Judge, Master, or Magistrate may appeal a decision of the review tribunal to the Supreme Court under the substantial evidence rule. Pierce Butler and Charles Pinckney, both from South Carolina, submitted this clause to the Constitutional Convention. (4) Commissioners shall receive no compensation for their services as such. (2), (5)-(10), and (12) amended Nov. 8, 1977; Subsecs. (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. Neither of these theories has been endorsed by the Supreme Court, which has held that the clause means that a state may not discriminate against citizens of other states in favor of its own citizens. USA.gov, The U.S. National Archives and Records Administration (a) The legislature shall prescribe by law the qualifications of grand jurors and petit jurors. If such tax is authorized, the district shall by resolution assume the responsibilities, obligations, and liabilities of the county in the manner and to the extent hereinabove provided for political subdivisions having boundaries coextensive with the district, and the county shall not thereafter levy taxes (other than herein provided) for hospital purposes nor for providing hospital care for needy individuals of the county. Voter turnout for the constitutional amendment elections could be improved if: they were held at the same time as presidential elections. (TEMPORARY TRANSITION PROVISION for Sec. (Feb. 15, 1876. More information on the Constitution of the State of Texas (1876) may be found at the Texas Constitutions 1824-1876 project of the Tarlton Law Library, Jamail Center for Legal Research at the University of Texas School of Law, the University of Texas at Austin. And it was final. It was feared that the political power of future new western states would eventually overwhelm that of the established eastern states. Article IV of the U.S. Constitution is a relatively uncontroversial section that establishes the relationship between states and their disparate laws. 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. Texas utilizes a "plural executive" which means the power of the Governor are limited and distributed amongst other executive officials. 3-c. 16. (2) and (5) amended Nov. 8, 2005; Subsec. 3: See Appendix, Note 3. The Dennison decision was overruled by Puerto Rico v. Branstad (1987); now, the federal courts may require the extradition of fugitives. October 8, 2018. Article 4 of the Texas Constitution creates a plural executive, stating that there are ___ distinct offices in the executive branch. CREATION AND FUNDING OF HOSPITAL DISTRICTS IN CITY OF AMARILLO, WICHITA COUNTY, AND JEFFERSON COUNTY. Except where otherwise noted, content on this site is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 License. At the time, the Rhode Island constitution was the old royal charter established in the 17th century. However, the accused may prevent extradition by offering clear evidence that he was not in the state he allegedly fled from at the time of the crime. Additionally, the clause also proclaims that nothing contained within the Constitution may be interpreted to harm (prejudice) any claim of the United States, or of any particular State. 2: See Appendix, Note 3.). (Feb. 15, 1876. (Added Nov. 2, 1954; amended Nov. 2, 1999.) COURT OF CRIMINAL APPEALS; JUDGES. If the vote is favorable, then admission may be granted to such county or counties by the Board of Directors of the then existing Authority upon such terms and conditions as they may agree upon and evidenced by a resolution approved by two-thirds (2/3rds) of the then existing Board of Directors. GRAND AND PETIT JURIES IN DISTRICT COURTS: COMPOSITION AND VERDICT. A quorum shall consist of seven (7) members. (b) The appeal of all cases in which the death penalty has been assessed shall be to the Court of Criminal Appeals. There are, however, several places within it where the principles behind the concept are articulated. 29. The Legislature shall have power by General or Special Laws to make such provisions concerning the terms or sessions of each District Court as it may deem necessary. (b) Each of said Courts of Appeals shall hold its sessions at a place in its district to be designated by the Legislature, and at such time as may be prescribed by law. The Admissions Clause grants Congress the authority to admit new states, but forbids the creation of new states from parts of existing states without the consent of the affected states. Texas Democrats gained control of Congress in 1873 and decided it was time to draft a new constitution for Texas. Each county in the State may provide, in such manner as may be prescribed by law, a Manual Labor Poor House and Farm, for taking care of, managing, employing and supplying the wants of its indigent and poor inhabitants. 4. (g) added Nov. 4, 1997; Subsec. The Court of Criminal Appeals may appoint Commissioners in aid of the Court of Criminal Appeals as provided by law. When a judge of the District Court is disqualified by any of the causes above stated, the parties may, by consent, appoint a proper person to try said case; or upon their failing to do so, a competent person may be appointed to try the same in the county where it is pending, in such manner as may be prescribed by law. These rulings have helped shape public opinion among Puerto Ricans during the ongoing debate over the commonwealth's political status. 4 of Comanche County. [12], The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.[13]. During the constitutional convention held November 1865. fundamental freedoms and rights were granted to newly free former slaves. 13. The Supreme Court and the Justices thereof shall have power to issue writs of habeas corpus, as may be prescribed by law, and under such regulations as may be prescribed by law, the said courts and the Justices thereof may issue the writs of mandamus, procedendo, certiorari and such other writs, as may be necessary to enforce its jurisdiction. Discretionary review by the Court of Criminal Appeals is not a matter of right, but of sound judicial discretion. (Added Nov. 6, 2001.) EXECUTIVE DEPARTMENT Sec. 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. (a) A vacancy in the office of Chief Justice, Justice, or Judge of the Supreme Court, the Court of Criminal Appeals, the Court of Appeals, or the District Courts shall be filled by the Governor until the next succeeding General Election for state officers, and at that election the voters shall fill the vacancy for the unexpired term. (a) amended Nov. 2, 1999; Subsec. Provided, that the decision of said courts shall be conclusive on all questions of fact brought before them on appeal or error. If we increase Sec during the ongoing debate over the water and the soil under it to.... 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