article 4 of the texas constitution creates quizletarticle 4 of the texas constitution creates quizlet

3: See Appendix, Note 3. 1-A. [21] The utility company claimed that the use of referendums, as a form of direct democracy, violated the republican form of government clause, which permits only a representative democracy. (Feb. 15, 1876. 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 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 practice and procedures relating to the use of indictments and informations, including their contents, amendment, sufficiency, and requisites, are as provided by law. (TEMPORARY TRANSITION PROVISION for Sec. 5a: See Appendix, Note 3.). 30. [18], The Federalist Papers also gives some insight as to the intent of the Founders. 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. The Legislature shall have power by General or Special Laws to make such provisions concerning the terms or sessions of each District Court as it may deem necessary. The current governor is Greg Abbott, who took office in 2015. 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. 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. By the 1840s, only 40% of the state's free white males were enfranchised. Under the current Texas Constitution, there are ___ members in the Senate and ___ members in the House. 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. (TEMPORARY TRANSITION PROVISION for Sec. The Guarantee Clause mandates that United States guarantee that all states have a "republican form of government," though it does not define this term. The Dennison decision was overruled by Puerto Rico v. Branstad (1987); now, the federal courts may require the extradition of fugitives. Sec. 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. For instance the Supreme Court struck down a provision which limited the jurisdiction of the state of Alabama over navigable waters within the state. Sec. Bicameral legislature with a House of Representatives and a Senate. Texas Constitution The state constitution establishes the structure and purpose of the Texas government. Amended Aug. 11, 1891, Nov. 8, 1966, Nov. 8, 1977, and Nov. 6, 2001.) Since the establishment of the United States in 1776, the number of states has expanded from the original 13 to 50. Sec. (c) 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. c. Why is some risk diversifiable? GRAND AND PETIT JURIES IN DISTRICT COURTS: COMPOSITION AND VERDICT. 7: See Appendix, Note 4.). 5: See Appendix, Note 1. In the event of a vacancy in the appointed membership, the vacancy is filled for the unexpired term in the same manner as the original appointment. (Feb. 15, 1876. (a) The Court of Criminal Appeals shall have final appellate jurisdiction coextensive with the limits of the state, and its determinations shall be final, in all criminal cases of whatever grade, with such exceptions and under such regulations as may be provided in this Constitution or as prescribed by law. ), (TEMPORARY TRANSITION PROVISIONS for Sec. (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. (Former Sec. What role do you feel Hyundai's 10-year, 100,000 -mile warranty played in its turnaround? (Added Nov. 6, 1962; amended Nov. 8, 1966, and Nov. 7, 1989.). 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. (a) The Legislature may by law authorize the creation of hospital districts in Ochiltree, Castro, Hansford and Hopkins Counties, each district to be coextensive with the limits of such county. The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence. Voter turnout for the constitutional amendment elections could be improved if: they were held at the same time as presidential elections. 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. Sec. B. Instead, by entering the Union, Texas was found to have surrendered control over the water and the soil under it to Congress. The project includes digitized images and searchable text versions of the constitutions. When the judge of the County Court is disqualified in any case pending in the County Court the parties interested 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. TRIAL BY JURY IN CIVIL CASES. [7] It would later be applied with regard to the formation of Maine (from Massachusetts) and West Virginia (from Virginia). JURISDICTION OF SUPREME COURT. 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. 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. (2000). (Feb. 15, 1876. 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 constable is reinstated if a majority of the voters of the precinct voting on the question at the election approve the reinstatement. 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. Sec. 4 OF COMANCHE COUNTY. 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. Amended Aug. 11, 1891, and Nov. 6, 2001.) (f) The Legislature by general law may prescribe the qualifications of constables. (a), (c), and (e) amended Nov. 2, 1999.) 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. (e) and (f) added Nov. 3, 1987; Subsecs. In trials of civil cases in the District Courts, nine members of the jury, concurring, may render a verdict, but when the verdict shall be rendered by less than the whole number, it shall be signed by every member of the jury concurring in it. This tax is in addition to any other tax authorized by this constitution. HOSPITAL DISTRICTS: REGULATION OF HEALTH CARE SERVICES. Sec. JUDGES TO BE CONSERVATORS OF THE PEACE; INDICTMENTS AND INFORMATION. (TEMPORARY TRANSITION PROVISIONS for Sec. 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 Court of Appeals may sit in sections as authorized by law. The Executive Department of the State shall consist of a Governor, who shall be the Chief Executive Officer of the State, a Lieutenant Governor, Secretary of State, Comptroller of Public Accounts, Commissioner of the General Land Office, and Attorney General. (h) Any judicial reapportionment order adopted by the board must be approved by a record vote of the majority of the membership of both the senate and house of representatives before such order can become effective and binding. The Legislature may enact any laws not inconsistent with this Section which it may deem necessary to permit said counties to implement, enforce and administer the provisions contained herein. This site works best with JavaScript enabled. 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. What determines who gets what? This article makes a personal income tax unlikely in Texas because: registered voters in the state must approve a personal income tax. Sec. The Property Clause grants Congress the power to make laws for the territories and other federal lands. (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. 10. 14. Any county now existing may be reduced to an area of not less than seven hundred square miles by a like two-thirds vote. The Constitution provides for the extradition of fugitives who have committed "treason, felony or other crime." Justice of the peace courts shall have original jurisdiction in criminal matters of misdemeanor cases punishable by fine only, exclusive jurisdiction in civil matters where the amount in controversy is two hundred dollars or less, and such other jurisdiction as may be provided by law. 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. JUDICIAL POWER VESTED IN COURTS; LEGISLATIVE POWER REGARDING COURTS. 16. (d) When the boundaries of commissioners precincts are changed, each commissioner 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 to which each was elected or appointed for the entire 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. 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. This latter provision was designed to give Eastern states that still had claims to Western lands (e.g., Virginia and North Carolina) to have a veto over whether their western counties (which eventually became Kentucky and Tennessee) could become states. (g) added Nov. 4, 1997; Subsec. The district may provide hospital care, medical care, and other services authorized by the legislature. The legislature may delegate any of these powers to the board. The exact scope of this clause has long been a matter of debate. Amended Aug. 11, 1891, Nov. 6, 1973, and Nov. 5, 1985.). Authored by: Kris S. Seago. 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. (Added Nov. 8, 1960; Subsec. (e) and (f) added Nov. 7, 1995; Subsec. Each Court of Appeals shall designate one of its members for inclusion in the list from which the selection is made. 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. (TEMPORARY TRANSITION PROVISION for Sec. [20] In Pacific States, a utility company challenged an Oregon tax law passed by a referendum, as opposed to the ordinary legislative process. 5: See Appendix, Note 3.). Sec. In 1864, during the Civil War, an effort to repeal this clause of the Constitution failed. (TEMPORARY TRANSITION PROVISION for Sec. Butler withdrew the clause. Notwithstanding any other section of this article, the Legislature in providing for the creation, establishment, maintenance, and operation of a hospital district, shall not be required to provide that such district shall assume full responsibility for the establishment, maintenance, support, or operation of mental health services or mental retardation services including the operation of any community mental health centers, community mental retardation centers or community mental health and mental retardation centers which may exist or be thereafter established within the boundaries of such district, nor shall the Legislature be required to provide that such district shall assume full responsibility of public health department units and clinics and related public health activities or services, and the Legislature shall not be required to restrict the power of any municipality or political subdivision to levy taxes or issue bonds or other obligations or to expend public moneys for the establishment, maintenance, support, or operation of mental health services, mental retardation services, public health units or clinics or related public health activities or services or the operation of such community mental health or mental retardation centers within the boundaries of the hospital districts; and unless a statute creating a hospital district shall expressly prohibit participation by any entity other than the hospital district in the establishment, maintenance, or support of mental health services, mental retardation services, public health units or clinics or related public health activities within or partly within the boundaries of any hospital district, any municipality or any other political subdivision or state-supported entity within the hospital district may participate in the establishment, maintenance, and support of mental health services, mental retardation services, public health units and clinics and related public health activities and may levy taxes, issue bonds or other obligations, and expend public moneys for such purposes as provided by law. The court must sit en banc during proceedings involving capital punishment and other cases as required by law. Why were the protections for slavery that were included in the Constitution of 1836 noteworthy? (b) The Supreme Court shall also have power, upon affidavit or otherwise as by the court may be determined, to ascertain such matters of fact as may be necessary to the proper exercise of its jurisdiction. 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. (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. [15], Pursuant to a parallel clause in Article One, Section Eight, the Supreme Court has held that states may not tax such federal property. 8. we recommend you use our site map for navigation, table of constitutional amendments since 1876, Please take our patron satisfaction survey. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. Amended Aug. 11, 1891, Nov. 8, 1977, and Nov. 4, 1980.). 28. 1. 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. Sec. (e) The legislature by law may authorize Randall County to render financial assistance to the Amarillo Hospital District by paying part of the district's operating and maintenance expenses and the debts assumed or created by the district and to levy a tax for that purpose in an amount not to exceed seventy-five cents (75) on the One Hundred Dollars ($100.00) valuation on all property in Randall County that is not within the boundaries of the City of Amarillo or the South Randall County Hospital District. Thus the Congress, utilizing the discretion allowed by the framers, adopted a policy of equal status for all newly admitted states. (a) The Judicial Districts Board is created to reapportion the judicial districts authorized by Article V, Section 7, of this constitution. It also empowers Congress to admit new states and administer the territories and other federal lands. Sec. (d) The reapportionment powers of the board shall be exercised in the interims between regular sessions of the legislature, except that a reapportionment may not be ordered by the board during an interim immediately following a regular session of the legislature in which a valid and subsisting statewide apportionment of judicial districts is enacted by the legislature. District may provide hospital care, medical care, and Nov. 6 1962! Felony or other crime. down a provision which limited the jurisdiction of the constitutions the Founders Privileges Immunities! Constitution provides for the constitutional amendment elections could be improved if: they were held at the same as! Water and the soil under it to Congress the selection is made judges to be CONSERVATORS of Constitution... Other federal lands time as presidential elections ], the Federalist Papers also gives some insight as to the.! 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