(c) If such tax is authorized, no political subdivision or municipality within or having the same boundaries as the district may levy a tax for medical or hospital care for needy individuals, nor shall they maintain or erect hospital facilities, but the district shall by resolution assume all such responsibilities and shall assume all of the liabilities and obligations (including bonds and warrants) of such subdivisions or municipalities or both. (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. It also details the mechanism by which new states are permitted to enter the nation and the federal government's obligation to maintain law and order in the event of an "invasion" or other breakdown of a peaceful union. If you would like to locate a library book, access the library catalog. Sec. Authored by: Kris S. Seago. In Corfield the circuit court sustained a New Jersey law giving state residents the exclusive right to gather clams and oysters. 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. These rulings have helped shape public opinion among Puerto Ricans during the ongoing debate over the commonwealth's political status. 8. In addition, the Court of Criminal Appeals may, on its own motion, review a decision of a Court of Appeals in a criminal case as provided by law. 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. (Added Nov. 2, 1948; Subsecs. (2) No part of any existing county shall be detached from it and attached to another existing county until the proposition for such change shall have been submitted, in such manner as may be provided by law, to a vote of the voters of both counties, and shall have received a majority of those voting on the question in each. Please take our patron satisfaction survey! 5b. REMOVAL OF COUNTY OFFICERS. (5) The Commission may hold its meetings, hearings and other proceedings at such times and places as it shall determine but shall meet at Austin at least once each year. 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. [8], At the 1787 Constitutional Convention, a proposal to include the phrase, "new States shall be admitted on the same terms with the original States", was defeated. Groups Theory & Practice - Study Set (Groups, Christina Dejong, Christopher E. Smith, George F Cole, Government in America: Elections and Updates Edition, George C. Edwards III, Martin P. Wattenberg, Robert L. Lineberry. (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. Sec. Congressional restrictions on the equality of states, even when those limitations have been found in the acts of admission, have been held void by the Supreme Court. No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due. And the District Judges may exchange districts, or hold courts for each other when they may deem it expedient, and shall do so when required by law. Log in. (c) The Legislature may by law authorize the creation of a hospital district within Jefferson County, the boundaries of which shall include only the area comprising the Jefferson County Drainage District No. 15. Although federal property can be found in every state, the largest concentrations are in the west, where, for example, the federal government owns over eighty percent of the land within Nevada. Sec. Texas Constitution The state constitution establishes the structure and purpose of the Texas government. APPEAL BY STATE IN CRIMINAL CASES. (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. Texas State Library and Archives Commission.The 1870s: The Constitutional Convention of 1875, Revision and Adaptation. What were the goals of the authors of the present Texas Constitution? Clause One of Section 2 requires interstate protection of "privileges and immunities". 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. 5a. It shall annually select one of its members as Chairman. Each county in the State with a population of 18,000 or more but less than 50,000, according to the most recent federal census, from time to time, for the convenience of the people, shall be divided into not less than two and not more than eight precincts. (Added Nov. 8, 1960; Subsec. (b) The membership of the board consists of the Chief Justice of the Texas Supreme Court who serves as chairman, the presiding judge of the Texas Court of Criminal Appeals, the presiding judge of each of the administrative judicial districts of the state, the president of the Texas Judicial Council, and one person who is licensed to practice law in this state appointed by the governor with the advice and consent of the senate for a term of four years. 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. restrict the power of the government in order to keep any governor from being as powerful as Edmund J. Davis, who served under the Reconstruction Constitution of 1869. in Article 1 of the Constitution, demonstrating the authors' commitment to limiting the way political power is used to keep it from being abused. Later, Chief Justice John Marshall suggested that the judgment of one state court must be recognized by other states' courts as final. 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. Additionally, as it required the ratification of only nine states in order to become established, rather than the unanimous consent required by the Articles of Confederation, the Constitution was more republican, as it protected the majority from effectively being ruled or held captive by the minority. 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. 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. 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. A Justice, Judge, Master, or Magistrate may appeal a decision of the review tribunal to the Supreme Court under the substantial evidence rule. The bonds may not be issued or such tax be levied until approved by such voters. 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. 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 cent (75) tax. 31. 13: See Appendix, Note 3.). The County Judge is the presiding officer of the County Court and has judicial functions as provided by law. RETIREMENT, COMPENSATION, DISCIPLINE, AND REMOVAL OF JUSTICES AND JUDGES; STATE COMMISSION ON JUDICIAL CONDUCT. 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 co-extensive 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. Except where otherwise noted, content on this site is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 License. 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. 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. 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. The adoption of a reapportionment order requires a majority vote of the total membership of the board. Judicial districts smaller in size than the entire county may be created subsequent to a general election where a majority of the persons voting on the proposition adopt the proposition "to allow the division of ___________ County into judicial districts composed of parts of ___________ County." 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. This article makes a personal income tax unlikely in Texas because: registered voters in the state must approve a personal income tax. HOSPITAL DISTRICTS: REGULATION OF HEALTH CARE SERVICES. 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. 14 added Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISION for Sec. The United States shall guarantee to every State in this Union a Republican Form of Government, []. JUDICIAL DISTRICTS BOARD; REAPPORTIONMENT OF JUDICIAL DISTRICTS. Amended Aug. 11, 1891, and Nov. 6, 2001.) 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. The district may provide hospital care, medical care, and other services authorized by the legislature. Would this warranty be as important an evaluative criterion today as it was a decade ago? Sec. 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. 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. Amended Aug. 11, 1891, Nov. 4, 1930, Nov. 4, 1980, and Nov. 6, 2001.) Hi, it looks like JavaScript has been disabled in your browser. Why were the protections for slavery that were included in the Constitution of 1836 noteworthy? (TEMPORARY TRANSITION PROVISIONS for Sec. Should the Legislature enact legislation in anticipation of the adoption of this amendment, such legislation shall not be invalid by reason of its anticipatory character. 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. 5. 4 of Comanche County, Texas. (a) amended Nov. 2, 1999.) Amended Aug. 11, 1891, Nov. 7, 1978, Nov. 4, 1980, Nov. 5, 1985, and Nov. 6, 2001.) (1) and (2) amended Nov. 6, 2001; Subsecs. Said court shall dispose of probate business either in term time or vacation, under such regulation as may be prescribed by law. Sec. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. (TEMPORARY TRANSITION PROVISION for Sec. [18], The Federalist Papers also gives some insight as to the intent of the Founders. (2), (6), and (8)-(12) amended and (14) added Nov. 6, 1984; Subsecs. 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. 1-a. The Texas Constitution maintained on this website is the official text of the constitution. License: CC BY: Attribution. 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. (Feb. 15, 1876. (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. Said Court of Appeals shall have appellate jurisdiction co-extensive with the limits of their respective districts, which shall extend to all cases of which the District Courts or County Courts have original or appellate jurisdiction, under such restrictions and regulations as may be prescribed by law. 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. 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). Grand juries empaneled in the District Courts shall inquire into misdemeanors, and all indictments therefor returned into the District Courts shall forthwith be certified to the County Courts or other inferior courts, having jurisdiction to try them for trial; and if such indictment be quashed in the County, or other inferior court, the person charged, shall not be discharged if there is probable cause of guilt, but may be held by such court or magistrate to answer an information or affidavit. 1. To be eligible for appointment or election as a district judge, a person must: (1) be a citizen of the United States and a resident of this State; (2) be licensed to practice law in this State; (3) have been a practicing lawyer or a Judge of a Court in this State, or both combined, for eight years next preceding the judge's election, during which time the judge's license to practice law has not been revoked, suspended, or subject to a probated suspension; (4) have resided in the district in which the judge was elected for two years next preceding the election; and. (Feb. 15, 1876. Article IV Section 1, creates several offices in the officers of the Executive Department (except Secretary of State) All rights reserved. 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. The County Court shall hold terms as provided by law. (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. protection by the Government; the enjoyment of life and liberty the right of a citizen of one State to pass through, or to reside in any other State, for purposes of trade, agriculture, professional pursuits, or otherwise; to claim the benefits of the writ of habeas corpus; to institute and maintain actions of any kind in the courts of the State; to take, hold and dispose of property, either real or personal; and an exemption from higher taxes or impositions than are paid by the other citizens of the State. By such voters Papers also gives some insight as to the intent of Executive... Gather clams and oysters helped shape public opinion among Puerto Ricans during ongoing! 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2023-04-21