11. HOSPITAL DISTRICTS: REGULATION OF HEALTH CARE SERVICES. Amended Aug. 11, 1891, Nov. 4, 1958, and Nov. 6, 2001.) 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. SUPREME COURT; JUSTICES. (d) Notwithstanding Section 1, Article II, of this constitution and any other provision of this constitution, if the supreme court does not act on a motion for rehearing before the 180th day after the date on which the motion is filed, the motion is denied. 9. The Property Clause grants Congress the power to make laws for the territories and other federal lands. 30. In case of vacancy the Commissioners Court of the county shall have the power to appoint a County Attorney until the next general election. 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. 5. Texas Democrats gained control of Congress in 1873 and decided it was time to draft a new constitution for Texas. (TEMPORARY TRANSITION PROVISION for Sec. Would this warranty be as important an evaluative criterion today as it was a decade ago? 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. The seeming ambiguity of the clause has given rise to a number of different interpretations. 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. (Added Nov. 5, 1985; Subsec. [7] It would later be applied with regard to the formation of Maine (from Massachusetts) and West Virginia (from Virginia). 8. 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. The Legislature shall provide for transfer of title to properties to the district. The Court held. Which idea is contained in both the US and Texas Constitutions? The legislature may delegate any of these powers to the board. (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. AIRPORT AUTHORITIES. Under the current Texas Constitution, there are ___ members in the Senate and ___ members in the House. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. 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. Sec. 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. Sec. XVI, amended to redesignate as Sec. This article makes a personal income tax unlikely in Texas because: registered voters in the state must approve a personal income tax. JUDICIAL DISTRICTS; DISTRICT JUDGES; TERMS OR SESSIONS; ABSENCE, DISABILITY, OR DISQUALIFICATION OF DISTRICT JUDGE. (TEMPORARY TRANSITION PROVISION for Sec. The rights of an incumbent so retired to retirement benefits shall be the same as if his retirement had been voluntary. JUDGES TO BE CONSERVATORS OF THE PEACE; INDICTMENTS AND INFORMATION. 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. [15], Pursuant to a parallel clause in Article One, Section Eight, the Supreme Court has held that states may not tax such federal property. COURT ADMINISTRATION AND RULE-MAKING AUTHORITY. (Feb. 15, 1876. Since the establishment of the United States in 1776, the number of states has expanded from the original 13 to 50. Sec. James Wilson of Pennsylvania objected, stating it would require that state governments enforce slavery at taxpayers' expense. 6: See Appendix, Note 3.). (b) The Supreme Court shall promulgate rules of civil procedure for all courts not inconsistent with the laws of the state as may be necessary for the efficient and uniform administration of justice in the various courts. (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. Due process shall include the right to notice, counsel, hearing, confrontation of his accusers, and all such other incidents of due process as are ordinarily available in proceedings whether or not misfeasance is charged, upon proof of which a penalty may be imposed. 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. 1-A. It also forbids the creation of new states from parts of existing states without the consent of the affected states and Congress. Amended Aug. 11, 1891, Nov. 8, 1966, Nov. 8, 1977, and Nov. 6, 2001.) 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. 14 repealed Nov. 5, 1985; current Sec. Sec. 21. In 1912, Luther was reaffirmed in Pacific States Telephone and Telegraph Co. v. (f) The Legislature by general law may prescribe the qualifications of constables. IX, Nov. 6, 2001.) The structure of the current constitution of Texas (Constitution of 1876) is a Preamble, 17 Articles, and 491 Amendments (Since 2015) 3. reference to the US were replaced with references to the Confederacy. Lieutenant Governor of Texas. (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. 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. Before admission to the Union, Texas, as an independent nation, controlled water within three miles of the coast, the normal limit for nations. Any county now existing may be reduced to an area of not less than seven hundred square miles by a like two-thirds vote. With a majority vote, the amendment is ratified. Texas State Library and Archives Commission.The 1870s: The Constitutional Convention of 1875, Revision and Adaptation. The Master shall have all the power of a District Judge in the enforcement of orders pertaining to witnesses, evidence, and procedure. The Legislature shall pass laws regulating the manner of removing county seats, but no county seat situated within five miles of the geographical centre of the county shall be removed, except by a vote of two-thirds of all the voters voting on the subject. However, the Supreme Court, in Texas v. White (1869), held that a state cannot unilaterally do so. 2: See Appendix, Note 3.). (a) The Court of Criminal Appeals shall consist of eight Judges and one Presiding Judge. 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. When convened en banc, five Judges shall constitute a quorum and the concurrence of five Judges shall be necessary for a decision. 14: See Appendix, Note 3. Nothing in this amendment shall increase the rights of any riparian or littoral landowner with regard to beaches available to the public by virtue of public right or submerged lands. The court must sit en banc during proceedings involving capital punishment and other cases as required by law. Amended Aug. 11, 1891, Nov. 4, 1930, Nov. 4, 1980, and Nov. 6, 2001.) [11], When, therefore, Texas became one of the United States, she entered into an indissoluble relation. 18. 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. 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. (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. In a panel of three Judges, two Judges shall constitute a quorum and the concurrence of two Judges shall be necessary for a decision. 4. An Airport Authority may be created and be composed of the county or counties that vote in favor of its creation if separate propositions are submitted to the voters of each county so that they may vote for a two or more county Authority or a single county Authority. A district may not be created or a tax levied unless the creation and tax are approved by a majority of the registered voters who reside in the district. (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. Until otherwise provided, the terms of the County Court shall be held on the first Mondays in February, May, August and November, and may remain in session three weeks. 14: see Appendix, Note 3.). 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. (13-a) added Nov. 2, 2021.) 1. 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. Sec. Sec. Its jurisdiction shall be coextensive with the limits of the State and its determinations shall be final except in criminal law matters. The federal government owns about twenty-eight percent of the land in the United States. CREATION AND MODIFICATION OF COUNTIES. (f) deleted, and Subsec. License: CC BY: Attribution. District Court jurisdiction consists of exclusive, appellate, and original jurisdiction of all actions, proceedings, and remedies, except in cases where exclusive, appellate, or original jurisdiction may be conferred by this Constitution or other law on some other court, tribunal, or administrative body. If any city or owner has outstanding revenue bonds where the revenues of the airport have been pledged or said bonds constitute a lien against the airport facilities, the Authority shall assume and discharge all the obligations of the city under the ordinances and bond indentures under which said revenue bonds have been issued and sold. 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. 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. 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. Texas Constitution Braden's Annotated Texas Constitution Guide to Historical Texas Constitutions. (Former Sec. 13. (Feb. 15, 1876. Anna M. Tinsley. Article IV Section 1, creates several offices in the officers of the Executive Department (except Secretary of State) A republican form of government is distinguished from a direct democracy, which the Founding Fathers had no intentions of entering. Article 8 of the Texas Constitution deals with taxation and revenue. Amended Nov. 2, 1999.) the number of securities in the portfolio? (TEMPORARY TRANSITION PROVISIONS for Sec. [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. (11) The Supreme Court shall by rule provide for the procedure before the Commission, Masters, review tribunal, and the Supreme Court. 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. (TEMPORARY TRANSITION PROVISION for Sec. Amended Aug. 11, 1891, and Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISION for Sec. 6: See Appendix, Note 1.). 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. [5] This clause was rendered mostly moot when the Thirteenth Amendment abolished slavery. 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. For more information about UELMA, please see the council . The Legislature shall have the power to provide by law, for an appeal direct to the Supreme Court of this State from an order of any trial court granting or denying an interlocutory or permanent injunction on the grounds of the constitutionality or unconstitutionality of any statute of this State, or on the validity or invalidity of any administrative order issued by any state agency under any statute of this State. 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. A majority of those participating in the election voting in favor of the district shall be necessary for bonds to be issued. The County Judge is the presiding officer of the County Court and has judicial functions as provided by law. 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. PARTICIPATION OF MUNICIPALITIES AND OTHER POLITICAL SUBDIVISIONS IN ESTABLISHMENT AND OPERATION OF MENTAL HEALTH, MENTAL RETARDATION, OR PUBLIC HEALTH SERVICES. (g) (Redesignated as Subsec. 1: See Appendix, Note 1.). The exact scope of this clause has long been a matter of debate. In Luther v. Borden,[19] the Court held that the determination of whether a state government is a legitimate republican form as guaranteed by the Constitution is a political question to be resolved by the Congress. 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. (Former Sec. Sec. Amended Aug. 11, 1891, Nov. 8, 1977, and Nov. 4, 1980.). (a) amended Nov. 2, 1999; Subsec. Sec. USA.gov, The U.S. National Archives and Records Administration (h) added Nov. 5, 2002.) The current constitution is the seventh in Texas history. The property of state regulated common carriers required by law to pay a tax upon intangible assets shall not be subject to taxation by the Authority. The Supreme Court has held that this clause prevents states from reopening cases which have been conclusively decided by the courts of another state. There was no place for reconsideration, or revocation, except through revolution, or through consent of the States. Article 4 of the Texas Constitution creates a plural executive, stating that there are ___ distinct offices in the executive branch. (1)-(13) amended Nov. 2, 1965; Subsecs. JURISDICTION OF COURT OF CRIMINAL APPEALS. 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. 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. The Constitution of 1845 included which of the following elements? The United States shall guarantee to every State in this Union a Republican Form of Government, []. (TEMPORARY TRANSITION PROVISION for Sec. To pass requirements made by the so-called Radical Republicans in the US Congress. Why were the protections for slavery that were included in the Constitution of 1836 noteworthy? Sec. 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. The state constitution establishes the structure and purpose of the Texas government. 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. When, pending the trial of any case, one or more jurors not exceeding three, may die, or be disabled from sitting, the remainder of the jury shall have the power to render the verdict; provided, that the Legislature may change or modify the rule authorizing less than the whole number of the jury to render a verdict. CREATION AND FUNDING OF HOSPITAL DISTRICTS IN CITY OF AMARILLO, WICHITA COUNTY, AND JEFFERSON COUNTY. (5)-(9) and (11)-(13) amended Nov. 3, 1970; Subsecs. DIVISION OF COUNTIES INTO PRECINCTS; JUSTICES OF THE PEACE AND CONSTABLES; COUNTY COMMISSIONERS AND COUNTY COMMISSIONERS COURT. The Dennison decision was overruled by Puerto Rico v. Branstad (1987); now, the federal courts may require the extradition of fugitives. (b) For the purpose of hearing cases, the Court of Criminal Appeals may sit in panels of three Judges, the designation thereof to be under rules established by the court. (TEMPORARY TRANSITION PROVISION for Sec. 16. Ralph dies without having made a will. (TEMPORARY TRANSITION PROVISION for Sec. 6 Article 8 of the Texas Constitution deals with taxation and revenue. 11: See Appendix, Note 3.). (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. 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. 7 and the Port Arthur Independent School District, as such boundaries existed on the first day of January, 1957, with the power to issue bonds for the sole purpose of purchasing a site for, and the construction and initial equipping of, a hospital system, and with the power to levy a tax of not to exceed Seventy-five Cents (75) on the One Hundred Dollars ($100.00) valuation of property therein for the purpose of paying the principal and interest on such bonds. Sec. Article 4 of the Texas Constitution describes the executive department (branch) of Texas. 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