If you would like to locate a library book, access the library catalog. (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. 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. 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 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 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. The Supreme Court has held that this clause prevents states from reopening cases which have been conclusively decided by the courts of another state. (Added Nov. 2, 1948; Subsecs. 19. (c) Subject to such regulations as may be prescribed by law, the Court of Criminal Appeals and the Judges thereof shall have the power to issue the writ of habeas corpus, and, in criminal law matters, the writs of mandamus, procedendo, prohibition, and certiorari. (f) Nov. 6, 2001; Subsec. (Feb. 15, 1876. Sec. Log in. Interim vacancies shall be filled in the same manner as vacancies due to expiration of a full term, but only for the unexpired portion of the term in question. 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. 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. (a) The legislature shall prescribe by law the qualifications of grand jurors and petit jurors. [] and [the United States] shall protect each of them [the States] against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence. Article 4 of the Texas Constitution creates a plural executive, stating that there are ___ distinct offices in the executive branch. (TEMPORARY TRANSITION PROVISIONS for Sec. Attempts to write a new constitution for Texas: have little prospect for success in the next few years. 31. 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. These rulings have helped shape public opinion among Puerto Ricans during the ongoing debate over the commonwealth's political status. Amended Aug. 11, 1891, Nov. 7, 1978, Nov. 4, 1980, Nov. 5, 1985, and Nov. 6, 2001.) (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. 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. The appeal of all other criminal cases shall be to the Courts of Appeal as prescribed by law. 8, Art. 3. (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. JUROR QUALIFICATIONS. (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. 3: See Appendix, Note 3. (5) reside in the district during the judge's term of office. Sec. ___ that was previously declared dormant." What role do you feel Hyundai's 10-year, 100,000 -mile warranty played in its turnaround? The District Court shall have appellate jurisdiction and general supervisory control over the County Commissioners Court, with such exceptions and under such regulations as may be prescribed by law. 4 OF COMANCHE COUNTY. October 8, 2018. A system of checks and balances prevents any one of these . 5: See Appendix, Note 1. 27: See Appendix, Note 3.). The first ten amendments to the Constitution became known as the Bill of Rights. The Legislature may confer original jurisdiction on the Supreme Court to issue writs of quo warranto and mandamus in such cases as may be specified, except as against the Governor of the State. The Legislature shall provide for transfer of title to properties to the District. (TEMPORARY TRANSITION PROVISION for Sec. 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. Proceedings shall be by majority vote of those present, except that recommendations for retirement, censure, suspension, or removal of any person holding an office named in Paragraph A of Subsection (6) of this Section shall be by affirmative vote of at least seven (7) members. Justices of the peace shall be ex officio notaries public. 18. TRIAL BY JURY IN CIVIL CASES. 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. Article IV addresses something different: the states' relations with each other, sometimes called "horizontal federalism." Its first section, the Full Faith and Credit Clause, requires every state, as part of a single nation, to give a certain measure of respect to every other state's laws and institutions. Create a standalone learning module, lesson, assignment, assessment or activity, Submit OER from the web for review by our librarians, Please log in to save materials. The Judges of all Courts of county-wide jurisdiction heretofore or hereafter created by the Legislature of this State, and all Criminal District Attorneys now or hereafter authorized by the laws of this State, shall be elected for a term of four years, and shall serve until their successors have qualified. A major issue early in the 20th century was whether the whole Constitution applied to the territories called insular areas by Congress. Later, Chief Justice John Marshall suggested that the judgment of one state court must be recognized by other states' courts as final. [21], The doctrine was later limited in Baker v. Carr (1962), which held that the lack of state legislative redistricting to be justiciable.[21]. 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. Sec. (Feb. 15, 1876. By the 1840s, only 40% of the state's free white males were enfranchised. The legislature by general or special law may provide for the creation, establishment, maintenance, and operation of hospital districts located wholly in a county with a population of 75,000 or less, according to the most recent federal decennial census, and may authorize the commissioners court to levy a tax on the ad valorem property located in the district for the support and maintenance of the district. The Legislature shall provide for transfer of title to properties to the district. (Feb. 15, 1876. All the obligations of perpetual union, and all the guaranties of republican government in the Union, attached at once to the State. The Property Clause grants Congress the power to make laws for the territories and other federal lands. 28. Thus the Congress, utilizing the discretion allowed by the framers, adopted a policy of equal status for all newly admitted states. The Constitution of 1836 adapted provisions from Spanish-Mexican law, including: community property, homestead exemptions and protections, and debtor relief. 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. (2) and (5) amended Nov. 8, 2005; Subsec. No new counties shall be created so as to approach nearer than twelve miles of the county seat of any county from which it may in whole or in part be taken. Article Four also requires the United States to protect each state from invasion, and, at the request of a state, from "domestic violence.". (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. Texans to decide whether to update their aging constitution. ARTICLE 4. A Justice, Judge, Master, or Magistrate may appeal a decision of the review tribunal to the Supreme Court under the substantial evidence rule. (Feb. 15, 1876. COUNTY COURTS: TERMS OF COURT; PROBATE BUSINESS. COUNTY CLERK. The County Judge is the presiding officer of the County Court and has judicial functions as provided by law. 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. The Legislature shall provide for the payment of the necessary expense for the operation of the Commission. 15. The maximum rate of tax may be changed at subsequent elections so long as obligations are not impaired, and not to exceed the maximum limit of Seventy-five Cents (75) per One Hundred Dollar ($100) valuation. The Presiding Judge, under rules established by the court, shall convene the court en banc for the transaction of all other business and may convene the court en banc for the purpose of hearing cases. Except as provided by this section, in each such precinct there shall be elected one Justice of the Peace and one Constable, each of whom shall hold his office for four years and until his successor shall be elected and qualified; provided that in a county with a population of less than 150,000, according to the most recent federal census, in any precinct in which there may be a city of 18,000 or more inhabitants, there shall be elected two Justices of the Peace, and in a county with a population of 150,000 or more, according to the most recent federal census, each precinct may contain more than one Justice of the Peace Court. (5) during the time required by Subdivision (4) of this subsection has not had the person's license to practice law revoked, suspended, or subject to a probated suspension. AUTHORITY OF COASTAL COUNTIES TO REGULATE MOTOR VEHICLES AND LITTERING ON BEACHES. (13) This Section 1-a is alternative to and cumulative of, the methods of removal of persons holding an office named in Paragraph A of Subsection (6) of this Section provided elsewhere in this Constitution. The commissioners court may reinstate an office of constable declared dormant by vote of the commissioners court or by calling an election in the precinct to reinstate the office. They seized the opportunity to undo the hated 1869 acts. (TEMPORARY TRANSITION PROVISION for Sec. 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). The Guarantee Clause mandates that all U.S. states must be grounded in republican principles such as the consent of the governed. Amended Nov. 2, 1999.) (Added Nov. 6, 1962; amended Nov. 8, 1966, and Nov. 7, 1989.). Its appellate jurisdiction shall be final and shall extend to all cases except in criminal law matters and as otherwise provided in this Constitution or by law. (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. [2] Alleged fugitives generally may not challenge extradition proceedings. the number of securities in the portfolio? (TEMPORARY TRANSITION PROVISIONS for Sec. AIRPORT AUTHORITIES. COURT OF CRIMINAL APPEALS; JUDGES. Commissioners of classes (i), (ii), (vii), and (viii) above shall be chosen by the Supreme Court with advice and consent of the Senate, those of class (iii) by the Board of Directors of the State Bar under regulations to be prescribed by the Supreme Court with advice and consent of the Senate, those of class (iv) by appointment of the Governor with advice and consent of the Senate, and the commissioners of classes (v) and (vi) by appointment of the Supreme Court as provided by law, with the advice and consent of the Senate. This provision was invoked by Colorado governor Elias M. Ammons in 1914 during the Colorado Coalfield War, as a result of which President Woodrow Wilson sent federal troops to the state.[22]. In 1864, during the Civil War, an effort to repeal this clause of the Constitution failed. Who were the framers of the Constitution? (Feb. 15, 1876. The case prohibited the entering upon the public lands of the United States and removing wild burros under the New Mexico Estray Law.[16]. The powers, duties, and records of the office are transferred to the County Sheriff. In case of vacancy, the Judge of the District Court shall have the power to appoint a Clerk, who shall hold until the office can be filled by election. 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. Yet, the principle it establishes, that the powers of government . Each county in the State with a population of less than 18,000, according to the most recent federal census, from time to time, for the convenience of the people, shall be designated as a single precinct or, if the Commissioners Court determines that the county needs more than one precinct, shall be divided into not more than four precincts. 12. 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. Sec. The board shall complete its work on the reapportionment and file its order with the secretary of state not later than August 31 of the same year. a. (c) A majority of the total membership of the board constitutes a quorum for the transaction of business. GRAND AND PETIT JURIES IN DISTRICT COURTS: COMPOSITION AND VERDICT. 14 added Nov. 6, 2001.) (Feb. 15, 1876. The legislature may provide that the county in which the district is located may issue general obligation bonds for the district and provide other services to the district. (5)-(9) and (11)-(13) amended Nov. 3, 1970; Subsecs. Congress may regulate the manner in which proof of such acts, records or proceedings may be admitted. 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). 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. (1) amended Nov. 6, 2007; Subsec. The Constitution does not explain what exactly constitutes a republican form of government. COURTS OF APPEALS; JUSTICES; JURISDICTION. The rights found in the Texas Bill of Rights: contain some ideas that move beyond those guaranteed by the first 10 amendments to the US Constitution. 14. Sec. Butler withdrew the clause. The district shall not have the power to levy any tax for maintenance or operation of the hospital or facilities, but shall contract with other political subdivisions of the state or private individuals, associations, or corporations for such purposes. The seeming ambiguity of the clause has given rise to a number of different interpretations. (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. 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. Any person holding an office specified in this subsection may be suspended from office with or without pay by the Commission immediately on being indicted by a State or Federal grand jury for a felony offense or charged with a misdemeanor involving official misconduct. Sec. 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. The Legislature shall provide for transfer of title to properties to the district. 5b. 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. (f) Nov. 6, 2001.). 28: See Appendix, Note 3.). The Supreme Court and the Court of Criminal Appeals may sit at any time during the year at the seat of government or, at the court's discretion, at any other location in this state for the transaction of business, and each term of either court shall begin and end with each calendar year. The Court held. 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. The Constitution of the United States contains a preamble and seven articles that describe the way the government is structured and how it operates. Section 3. (TEMPORARY TRANSITION PROVISIONS for Sec. 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. 29. It also empowers Congress to admit new states and administer the territories and other federal lands . When convened en banc, five Judges shall constitute a quorum and the concurrence of five Judges shall be necessary for a decision. (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. Article 4 of the Texas Constitution creates a plural executive, stating that there are ___ distinct offices in the executive branch. JURISDICTION OF SUPREME COURT. Amended Aug. 11, 1891, Nov. 6, 1973, and Nov. 5, 1985.). Known as the Constitution of 1869, the document remained controversial and the more radical provisions were not accepted by a large number of Texans. (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. 11: See Appendix, Note 1.). ). 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. (TEMPORARY TRANSITION PROVISIONS for Sec. The current constitution is the seventh in Texas history. Amended Aug. 11, 1891, Aug. 25, 1945, Nov. 4, 1980, and Nov. 6, 2001; Subsec. 3-c. 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. DIVISION OF COUNTIES INTO PRECINCTS; JUSTICES OF THE PEACE AND CONSTABLES; COUNTY COMMISSIONERS AND COUNTY COMMISSIONERS COURT. (Feb. 15, 1876. (Added Aug. 14, 1883; amended Nov. 6, 2001.) (8) amended Nov. 5, 2013; Subsec. Amended Nov. 2, 1954; Subsecs. The Guarantee Clause mandates that United States guarantee that all states have a "republican form of government," though it does not define this term. (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. Amended Nov. 2, 1954, and Nov. 2, 1999.) (b) The supreme court and the court of criminal appeals shall promulgate rules of procedure relating to the review of those questions. [7] It would later be applied with regard to the formation of Maine (from Massachusetts) and West Virginia (from Virginia). (c) All constitutional and statutory references to the Courts of Civil Appeals shall be construed to mean the Courts of Appeals. JURISDICTION OF DISTRICT COURTS. 3-b. 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. The records of an office of constable declared dormant are transferred to the county clerk of the county. (b) An indictment is a written instrument presented to a court by a grand jury charging a person with the commission of an offense. The exact scope of this clause has long been a matter of debate. By the end of this section, you will be able to: This section discussesthe Constitution of 1876s role in Texas. The maximum tax rate submitted shall be sufficient to discharge such obligations, liabilities, and responsibilities, and to maintain and operate the hospital system, and the Legislature may authorize the district to issue tax bonds for the purpose of the purchase, construction, acquisition, repair or renovation of improvements and initially equipping the same, and such bonds shall be payable from said Seventy-five Cents (75) tax. (f) In addition to the statewide reapportionment, the board may reapportion the judicial districts of the state as the necessity for reapportionment appears by redesignating, in one or more reapportionment orders, the county or counties that comprise the specific judicial districts affected by those reapportionment orders. And ( 11 ) - ( 13 ) amended Nov. 5, 1985. ) Hyundai 's 10-year 100,000... 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