The Constitution of 1836 adapted provisions from Spanish-Mexican law, including: community property, homestead exemptions and protections, and debtor relief. In Mahon a body of armed men from Kentucky forcibly took, without a warrant, a man in West Virginia to bring him back to Kentucky for formal arrest and trial. 21. Sec. 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. (h) added Nov. 5, 2002.) 10. Notes of Debates in the Federal Convention of 1787, https://en.wikipedia.org/w/index.php?title=Article_Four_of_the_United_States_Constitution&oldid=1142197942, Articles of the United States Constitution, Articles with dead external links from January 2023, Articles with permanently dead external links, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 1 March 2023, at 01:36. 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. The Extradition Clause requires that fugitives from justice be extradited on the demand of executive authority of the state from which they flee. (TEMPORARY TRANSITION PROVISION for Sec. Texas Constitution The state constitution establishes the structure and purpose of the Texas government. Sec. (a) The Supreme Court shall exercise the judicial power of the state except as otherwise provided in this Constitution. Sec. (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. The ______________ model of leadership emphasizes that leaders have different sorts of relationships with different employees. Fort Worth Star-Telegram. 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. (Feb. 15, 1876. 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. Instead, by entering the Union, Texas was found to have surrendered control over the water and the soil under it to Congress. (a) The Court of Criminal Appeals shall consist of eight Judges and one Presiding Judge. On this Wikipedia the language links are at the top of the page across from the article title. 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. Article 4 of the Texas Constitution creates a plural executive, stating that there are ___ distinct offices in the executive branch. 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. State of Texas | Statewide Search | Report Fraud in Texas | Texas Statutes, Site Map | Library Policies | Accessibility | Employment Opportunities, 205 West 14th Street, Austin, Texas 78701-1614. Texans to decide whether to update their aging constitution. (d) The Legislature shall provide for the appointment by the Board of Directors of an Assessor and Collector of Taxes in the Authority, whether constituted of one or more counties, whose duty it shall be to assess all taxable property, both real and personal, and collect the taxes thereon, based upon the tax rolls approved by the Board of Directors, the tax to be levied not to exceed Seventy-Five Cents (75) per One Hundred Dollars ($100) assessed valuation of the property. Oregon. Article 4 of the Texas Constitution creates a plural executive, stating that there are ___ distinct offices in the executive branch. Would this warranty be as important an evaluative criterion today as it was a decade ago? Amended Nov. 2, 1954; Subsecs. Sec. The Supreme Court has held that the Constitution requires all states to be admitted on an equal footing, though the Admissions Clause does not expressly include this requirement. 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. The Legislative Reference Library has a constitutional amendment search and the Texas Legislative Council offers a table of constitutional amendments since 1876 [PDF]. The state legislature can propose amendments to the constitution. Why is some risk not diversifiable? He is survived by many relatives-a spouse, children, adopted children, sisters, brothers, uncles, aunts, cousins, nephews, and nieces. (a) The supreme court and the court of criminal appeals have jurisdiction to answer questions of state law certified from a federal appellate court. 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 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 Framers added a process for amending, or changing, the Constitution in Article V. Since 1789, the United States has added 27 amendments to the Constitution. (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. REMOVAL OF COUNTY OFFICERS. (Feb. 15, 1876. 3: See Appendix, Note 3. Sec. COUNTY ATTORNEYS; DISTRICT ATTORNEYS. During the constitutional convention held November 1865. fundamental freedoms and rights were granted to newly free former slaves. 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 Dollars ($100.00) valuation, and no election shall be required by subsequent changes in the boundaries of the City of Amarillo. Kilman, Johnny and George Costello (Eds). AIRPORT AUTHORITIES. The Texas Constitution maintained on this website is the official text of the constitution. 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. Sec. CREATION AND FUNDING OF HOSPITAL DISTRICTS IN OCHILTREE, CASTRO, HANSFORD, AND HOPKINS COUNTIES. (TEMPORARY TRANSITION PROVISIONS for Sec. The Full Faith and Credit Clause requires states . To put restrictions on the power of government in the body of the document, making it difficult to change over time. 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. All rights reserved. Counties of a less area than nine hundred, but of seven hundred or more square miles, within counties now existing, may be created by a two-thirds vote of each House of the Legislature, taken by yeas and nays and entered on the journals. Butler withdrew the clause. 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. Amended Aug. 11, 1891, Nov. 8, 1949, Nov. 5, 1985, and Nov. 2, 2021.) In addition, the constitutional provisions found on this website comply with the Uniform Electronic Legal Material Act (UELMA) and are current through the amendments approved by voters in May 2022. 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. 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. Clause Two requires that fugitives from justice may be extradited on the demand of executive authority of the state from which they fled. 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. 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. County court judges shall have the power to issue writs necessary to enforce their jurisdiction. 13: See Appendix, Note 3.). Authored by: Kris S. Seago. 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. The first three articles establish the three branches of government and their powers: Legislative (Congress), Executive (office of the President,) and Judicial (Federal court system). 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. (a) amended Nov. 2, 1999.) [18], The Federalist Papers also gives some insight as to the intent of the Founders. (TEMPORARY TRANSITION PROVISION for Sec. The project includes digitized images and searchable text versions of the constitutions. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. (TEMPORARY TRANSITION PROVISIONS for Sec. 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. 32. (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. 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. (Added Nov. 8, 1960; Subsec. This clause, sometimes referred to as the Guarantee Clause, has long been at the forefront of the debate about the rights of citizens vis--vis the government. The Constitution of 1845 included which of the following elements? However, the Supreme Court, in Texas v. White (1869), held that a state cannot unilaterally do so. Sec. Hi, it looks like JavaScript has been disabled in your browser. License: 2022, Texas Higher Education Coordinating Board, The Texas State Constitution and the American Federal System, Introduction to Texas History and Politics, The Executive Department and the Office of the Governor of Texas, Voting and Political Participation in Texas, Introduction: The Texas State Constitution and the American Federal System, The Evolution of the Texas State Constitution, Federal Constitution of the United Mexican States (1824), Constitution Of Coahuila And Texas (1827), Constitution of the Republic of Texas (1836), The 1870s: The Constitutional Convention of 1875. 27: See Appendix, Note 3.). 16. DISQUALIFICATION OF JUDGES; EXCHANGE OF DISTRICTS; HOLDING COURT FOR OTHER JUDGES. ), (TEMPORARY TRANSITION PROVISION for Sec. Prosecutions may be commenced in said court by information filed by the county attorney, or by affidavit, as may be provided by law. Article 4 of the Texas Constitution describes the executive department (branch) of Texas. The elections must be held on the same day if more than one county is included. The United States Constitution provides that the House of Representatives "shall have the sole Power of Impeachment" (Article I, section 2) and "the Senate shall have the sole Power to try all Impeachments [but] no person shall be convicted without the Concurrence of two-thirds of the Members present" (Article I, section 3).The president, vice president, and all civil officers of the United . 11: See Appendix, Note 1.). 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. 26. Article IV Section 1, creates several offices in the officers of the Executive Department (except Secretary of State) Provided, however, that no district shall be created by special law except after thirty (30) days' public notice to the district affected, and in no event may the Legislature provide for a district to be created without the affirmative vote of a majority of the qualified voters in the district concerned. 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. Sec. 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. PARTICIPATION OF MUNICIPALITIES AND OTHER POLITICAL SUBDIVISIONS IN ESTABLISHMENT AND OPERATION OF MENTAL HEALTH, MENTAL RETARDATION, OR PUBLIC HEALTH SERVICES. Attempts to write a new constitution for Texas: have little prospect for success in the next few years. The first section requires states to extend "full faith and credit" to the public acts, records and court proceedings of other 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. Established the Permanent School Fund, Places limits on the raising and spending of public funds, Authorizes the Texas Legislature to create county governments, Specifics regarding local governments, including empowering them to tax, and how to charter cities, Specifics regarding public businesses, including how they would be regulated, Article 13: Spanish and Mexican Land Titles, Specifics on which land with previous claims would become state property, Established the Land Office which regulated land titles, Specifics on how to remove a public official from office, Miscellaneous regulations, ie., forbidding the legislature from printing money, forbidding U.S. public officials from holding a state office, Article 17: Mode of Amending the Constitution of this State. (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. 5b. A project created by ISKME. 7: See Appendix, Note 4.). (a) The Supreme Court shall consist of the Chief Justice and eight Justices, any five of whom shall constitute a quorum, and the concurrence of five shall be necessary to a decision of a case; provided, that when the business of the court may require, the court may sit in sections as designated by the court to hear argument of causes and to consider applications for writs of error or other preliminary matters. The Fugitive Slave Clause requires the return of fugitive slaves; this clause has not been repealed, but it was rendered moot by the Thirteenth Amendment, which abolished slavery, except in the prison system. The Constitution does not explain what exactly constitutes a republican form of government. 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. When convened en banc, five Judges shall constitute a quorum and the concurrence of five Judges shall be necessary for a decision. JURISDICTION OF JUSTICE OF THE PEACE COURTS; EX OFFICIO NOTARIES PUBLIC. It also empowers Congress to admit new states and administer the territories and other federal lands . (a) The Legislature may by law authorize the creation of two hospital districts, one to be coextensive with and have the same boundaries as the incorporated City of Amarillo, as such boundaries now exist or as they may hereafter be lawfully extended, and the other to be coextensive with Wichita County. b. 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. 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. 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. (b) No person shall be eligible to serve in the office of Chief Justice or Justice of the Supreme Court unless the person: (1) is licensed to practice law in the State of Texas; (2) is, at the time of election, a citizen of the United States and a resident of the State of Texas; (3) has attained the age of thirty-five years; (A) a practicing lawyer licensed in the State of Texas for at least ten years; or, (B) a practicing lawyer licensed in the State of Texas and judge of a state court or county court established by the Legislature by statute for a combined total of at least ten years; and. 5b: See Appendix, Note 3.). In Corfield v. Coryell, 6 F. Cas. An information is a written instrument presented to a court by an attorney for the State charging a person with the commission of an offense. 17: See Appendix, Note 3.). Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. (4) Commissioners shall receive no compensation for their services as such. 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. This site works best with JavaScript enabled. (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. 5: See Appendix, Note 3.). The Court and the Judges thereof shall have the power to issue such other writs as may be necessary to protect its jurisdiction or enforce its judgments. The County Court shall hold terms as provided by law. (TEMPORARY TRANSITION PROVISION for Sec. 28. Under the Submerged Lands Act of 1953, Congress returned maritime territory to some states, but not to others; the Act was sustained by the Supreme Court. (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. (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. (Feb. 15, 1876. The federal government owns about twenty-eight percent of the land in the United States. 31. CLERKS OF APPELLATE COURTS. Texas State Library and Archives Commission.The 1870s: The Constitutional Convention of 1875, Revision and Adaptation. 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. The legislature may delegate any of these powers to the board. 12. They differed from provisions in the 1827 Constitution of Coahuila y Tejas. 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 State is entitled to appeal in criminal cases, as authorized by general law. 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. (TEMPORARY TRANSITION PROVISION for Sec. 3-c. 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. It was a decade ago, by entering the Union, Texas was to. 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