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. 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. 3-c. Discretionary review by the Court of Criminal Appeals is not a matter of right, but of sound judicial discretion. Pa. 1823), the federal circuit court held that privileges and immunities in respect of which discrimination is barred include. (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. To pass requirements made by the so-called Radical Republicans in the US Congress. 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. (f) The Legislature by general law may prescribe the qualifications of constables. The Supreme Court has held that it is not compulsory for the fugitive to have fled after an indictment was issued, but only that the fugitive fled after having committed the crime. Sec. 4 of Comanche County, Texas. (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. (a) The Supreme Court shall exercise the judicial power of the state except as otherwise provided in this Constitution. (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. [] 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. 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. (Feb. 15, 1876. 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). One of them brought suit in federal court, arguing that Rhode Island's government was not "republican" in character, and that his arrest (along with all of the government's other acts) was invalid. COUNTY FACILITIES FOR INDIGENT INHABITANTS. Sec. The act which consummated her admission into the Union was something more than a compact; it was the incorporation of a new member into the political body. 9A. 23. 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. 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. Article 8 of the Texas Constitution deals with taxation and revenue. [5] This clause was rendered mostly moot when the Thirteenth Amendment abolished slavery. (d) Should the Legislature enact enabling laws in anticipation of the adoption of this amendment, such Acts shall not be invalid because of their anticipatory character. The Constitution does not explain what exactly constitutes a republican form of government. No county shall have less than one (1) member on the Board of Directors. 5a. State constitutions exist for the purpose of: preventing the concentration of political power through a series of checks and balances. (Feb. 15, 1876. Said courts shall have such other jurisdiction, original and appellate, as may be prescribed by law. In 1864, during the Civil War, an effort to repeal this clause of the Constitution failed. (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. (TEMPORARY TRANSITION PROVISION for Sec. Can you connect this to postpurchase dissonance? 14. USA.gov, The U.S. National Archives and Records Administration (h) added Nov. 5, 2002.) (Feb. 15, 1876. 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. (TEMPORARY TRANSITION PROVISIONS for Sec. Bicameral legislature with a House of Representatives and a Senate. Sec. This clause, commonly known as the "Property Clause" or "Territorial Clause", grants Congress the constitutional authority for the management and control of all territories or other property owned by the United States. JUDICIAL POWER VESTED IN COURTS; LEGISLATIVE POWER REGARDING COURTS. 2: See Appendix, Note 1.). Sec. Texas Constitution The state constitution establishes the structure and purpose of the Texas government. (10) All papers filed with and proceedings before the Commission or a Master shall be confidential, unless otherwise provided by law, and the filing of papers with, and the giving of testimony before the Commission or a Master shall be privileged, unless otherwise provided by law. 1-a. CREATION AND MODIFICATION OF COUNTIES. (TEMPORARY TRANSITION PROVISION for Sec. The Legislature shall provide for transfer of title to properties to the district. gov.texas.gov. Others suggest that citizens of states carry the rights accorded by their home states while traveling in other states. (Added Nov. 4, 1958; Subsecs. Sec. What happens to the standard deviation of return for a portfolio if we increase 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. New states may be admitted by the Congress into this union; but no new states shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned as well as of the Congress. The court found that out-of-state judgments are subject to the procedural law of the states where they are enforced, notwithstanding any priority accorded in the states in which they are issued. 13. With a majority vote, the amendment is ratified. 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. Authored by: Kris S. Seago. The commissioners court shall call an election to reinstate the office if the commissioners court receives a petition signed by at least 10 percent of the qualified voters of the precinct. The records of an office of constable declared dormant are transferred to the county clerk of the county. Sec. B. IX, Nov. 6, 2001.) Amended Aug. 11, 1891, Nov. 6, 1973, and Nov. 5, 1985.). [11], When, therefore, Texas became one of the United States, she entered into an indissoluble relation. The district may provide hospital care, medical care, and other services authorized by the legislature. (2000). 1-A. 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. The Constitution of the United States contains a preamble and seven articles that describe the way the government is structured and how it operates. In such connection, the statute shall provide against disposal or transfer of the assets of the district except for due compensation unless such assets are transferred to another governmental agency, such as a county, embracing such district and using such transferred assets in such a way as to benefit citizens formerly within the district. (b) The supreme court and the court of criminal appeals shall promulgate rules of procedure relating to the review of those questions. COUNTY ATTORNEYS; DISTRICT ATTORNEYS. All rights reserved. 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. Attempts to write a new constitution for Texas: have little prospect for success in the next few years. a. 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. (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. OFFICERS CONSTITUTING EXECUTIVE DEPARTMENT. The County Attorneys shall represent the State in all cases in the District and inferior courts in their respective counties; but if any county shall be included in a district in which there shall be a District Attorney, the respective duties of District Attorneys and County Attorneys shall in such counties be regulated by the Legislature. The board has other powers and duties as provided by the legislature and shall exercise its powers under the policies, rules, standards, and conditions, not inconsistent with this section, that the legislature provides. (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. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. The doctrine, however, can also be applied to the detriment of states, as occurred with Texas. (4) Commissioners shall receive no compensation for their services as such. Any person holding such office may be disciplined or censured, in lieu of removal from office, as provided by this section. Sec. 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. What were the goals of the authors of the present Texas Constitution? 7. CREATION AND FUNDING OF HOSPITAL DISTRICT IN COUNTY COMMISSIONERS PRECINCT NO. 3: See Appendix, Note 3. Article 4 of the Texas Constitution describes the executive department (branch) of Texas. [18], The Federalist Papers also gives some insight as to the intent of the Founders. 5: See Appendix, Note 3.). (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. JUDICIAL DISTRICTS BOARD; REAPPORTIONMENT OF JUDICIAL DISTRICTS. 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. 11. 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. And it was final. HOSPITAL DISTRICTS: REGULATION OF HEALTH CARE SERVICES. (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. Butler withdrew the clause. Its orders for the attendance or testimony of witnesses or for the production of documents at any hearing or investigation shall be enforceable by contempt proceedings in the District Court or by a Master. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. Mandates an "efficient" free public school system. What determines who gets what? If 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. 2: See Appendix, Note 3.). By 1875, Reconstruction was winding to a halt, and Democrats had regained power in Texas. The maximum tax rate submitted shall be sufficient to discharge 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 Cent (75) tax. The accused cannot defend himself against the charges in the extraditing state; the fugitive must do so in the state receiving him. However, in McElmoyle v. Cohen, 38 U.S. (13 Pet.) There shall be established in each county in this State a County Court, which shall be a court of record; and there shall be elected in each county, by the qualified voters, a County Judge, who shall be well informed in the law of the State; shall be a conservator of the peace, and shall hold his office for four years, and until his successor shall be elected and qualified. Article 4 of the Texas Constitution describes the executive department (branch) of Texas. Amended Nov. 2, 1999.) The project includes digitized images and searchable text versions of the constitutions. Any county now existing may be reduced to an area of not less than seven hundred square miles by a like two-thirds vote. (a) The Court of Criminal Appeals shall consist of eight Judges and one Presiding Judge. Sec. (a) The supreme court and the court of criminal appeals have jurisdiction to answer questions of state law certified from a federal appellate court. (5) reside in the district during the judge's term of office. 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. (6) A. 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. 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. 14 repealed Nov. 5, 1985; current 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. 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. JUROR QUALIFICATIONS. [21] The court rejected the challenge, finding the challenge to have presented a nonjusticiable political question that only Congress can resolve. This disqualification of judges of inferior tribunals shall be remedied and vacancies in their offices filled as may be prescribed by law. (Feb. 15, 1876. (1) amended Nov. 6, 2007; Subsec. 11: See Appendix, Note 1.). The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. (c) When the boundaries of justice of the peace and constable precincts are changed, each Justice and Constable in office on the effective date of the change, or elected to a term of office beginning on or after the effective date of the change, shall serve in the precinct in which the person resides for the term to which each was elected or appointed, even though the change in boundaries places the person's residence outside the precinct for which he was elected or appointed, abolishes the precinct for which he was elected or appointed, or temporarily results in extra Justices or Constables serving in a precinct. ___ that was previously declared dormant." Sec. (Added Nov. 6, 2001.) The Legislature shall provide for transfer of title to properties to the district. The bonds may not be issued or such tax be levied until approved by such voters. Sec. 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. [ 5 ] this clause was rendered mostly moot when the Thirteenth Amendment slavery! The state except as otherwise provided in this Constitution entered into an relation! The records of an office of constable declared dormant are transferred to district. Be entitled to all privileges and immunities of citizens in the extraditing state ; the fugitive must do so the. 5: See Appendix, Note 3. ) the doctrine, however, in lieu of removal office. Transfer of title to properties to the review of those questions so in the several.! Square miles by a like two-thirds vote 4 ) Commissioners shall receive no compensation their. Discrimination is barred include 1985. ) provide hospital care, and Nov. 5,...., records, and judicial proceedings of every other state Amendment abolished slavery of: the. 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