1: See Appendix, Note 1.). (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. reference to the US were replaced with references to the Confederacy. 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. (TEMPORARY TRANSITION PROVISION for Sec. (d) A District Court shall conduct its proceedings at the county seat of the county in which the case is pending, except as otherwise provided by law. 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. The Constitution of the United States contains a preamble and seven articles that describe the way the government is structured and how it operates. 4 OF COMANCHE COUNTY. 7. Texas utilizes a "plural executive" which means the power of the Governor are limited and distributed amongst other executive officials. Article 4 of the Texas Constitution describes the executive department (branch) of Texas. Article IV Section 1, creates several offices in the officers of the Executive Department (except Secretary of State) 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, and no election shall be required by subsequent changes in the boundaries of the Commissioners Precinct No. The Legislature may authorize the governing body of any county bordering on the Gulf of Mexico or the tidewater limits thereof to regulate and restrict the speed, parking and travel of motor vehicles on beaches available to the public by virtue of public right and the littering of such beaches. The Constitution provides for the extradition of fugitives who have committed "treason, felony or other crime." 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. The structure of the current constitution of Texas (Constitution of 1876) is a Preamble, 17 Articles, and 491 Amendments (Since 2015) 3. 14. Sec. (a) amended Nov. 2, 1999.) DISQUALIFICATION OF JUDGES; EXCHANGE OF DISTRICTS; HOLDING COURT FOR OTHER JUDGES. CREATION AND FUNDING OF HOSPITAL DISTRICTS IN OCHILTREE, CASTRO, HANSFORD, AND HOPKINS COUNTIES. (1) amended Nov. 6, 2007; Subsec. (Added Nov. 5, 1985; Subsec. 18. 7a. Sec. (e) and (f) added Nov. 7, 1995; Subsec. 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. (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. (4) Commissioners shall receive no compensation for their services as such. (2) prescribe a reasonable period, which may not exceed 45 days, after the provision of that notice during which the court may not enter a judgment holding the statute unconstitutional. (Feb. 15, 1876. 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 Cents (75) tax. Amended Aug. 11, 1891, Nov. 8, 1949, Nov. 5, 1985, and Nov. 2, 2021.) 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), (c), and (e) amended Nov. 2, 1999.) Sec. A jury in the County Court shall consist of six persons; but no jury shall be empaneled to try a civil case unless demanded by one of the parties, who shall pay such jury fee therefor, in advance, as may be prescribed by law, unless the party makes affidavit that the party is unable to pay the jury fee. 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. VACANCY IN JUDICIAL OFFICE. (c) A district judge shall hold the office for the term of four years and shall receive for the judge's services an annual salary to be fixed by the Legislature. The first ten amendments to the Constitution became known as the Bill of Rights. Thus the Congress, utilizing the discretion allowed by the framers, adopted a policy of equal status for all newly admitted states. 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. 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. (e) amended, Subsec. The Luther v. Borden ruling left the responsibility to establish guidelines for the republican nature of state governments in the hands of the Congress. 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. In a panel of three Judges, two Judges shall constitute a quorum and the concurrence of two Judges shall be necessary for a decision. (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. The Constitution does not explain what exactly constitutes a republican form of government. They differed from provisions in the 1827 Constitution of Coahuila y Tejas. The Guarantee Clause mandates that United States guarantee that all states have a "republican form of government," though it does not define this term. By 1875, Reconstruction was winding to a halt, and Democrats had regained power in Texas. It shall annually select one of its members as Chairman. (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. [21], The doctrine was later limited in Baker v. Carr (1962), which held that the lack of state legislative redistricting to be justiciable.[21]. They seized the opportunity to undo the hated 1869 acts. [20] In Pacific States, a utility company challenged an Oregon tax law passed by a referendum, as opposed to the ordinary legislative process. (TEMPORARY TRANSITION PROVISION for Sec. 9. 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. What is the principle of diversification? It was feared that the political power of future new western states would eventually overwhelm that of the established eastern states. 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. By the 1840s, only 40% of the state's free white males were enfranchised. 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. Most other benefits were held not to be protected privileges and immunities. 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. The legislature shall set the maximum tax rate a district may levy. Pierce Butler and Charles Pinckney, both from South Carolina, submitted this clause to the Constitutional Convention. In case of vacancy the Commissioners Court of the county shall have the power to appoint a County Attorney until the next general election. Such rule shall provide the right of discovery of evidence to a Justice, Judge, Master, or Magistrate after formal proceedings are instituted and shall afford to any person holding an office or position specified in Subsection (6) of this Section, against whom a proceeding is instituted to cause his retirement or removal, due process of law for the procedure before the Commission, Masters, review tribunal, and the Supreme Court in the same manner that any person whose property rights are in jeopardy in an adjudicatory proceeding is entitled to due process of law, regardless of whether or not the interest of the person holding an office or position specified in Subsection (6) of this Section in remaining in active status is considered to be a right or a privilege. (e) The Legislature shall also provide for the holding of District Court when the Judge thereof is absent, or is from any cause disabled or disqualified from presiding. Authored by: Kris S. Seago. (Feb. 15, 1876. (Former Sec. In Corfield the circuit court sustained a New Jersey law giving state residents the exclusive right to gather clams and oysters. By the end of this section, you will be able to: This section discussesthe Constitution of 1876s role in Texas. Plan Your Visit to the National Archives Museum, Browse Revolutionary Era Classroom Activities. Why were the protections for slavery that were included in the Constitution of 1836 noteworthy? (TEMPORARY TRANSITION PROVISION for Sec. Sec. The first section requires states to extend "full faith and credit" to the public acts, records and court proceedings of other states. Sec. Article 4 of the Texas Constitution creates a plural executive, stating that there are ___ distinct offices in the executive branch. (TEMPORARY TRANSITION PROVISION for Sec. 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. Directors shall serve without compensation for a term fixed by the Legislature not to exceed six (6) years, shall be selected on the basis of the proportionate population of each county based upon the last preceding Federal Census, and shall be residents of such county. 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. EXECUTIVE DEPARTMENT Sec. This article makes a personal income tax unlikely in Texas because: registered voters in the state must approve a personal income tax. 4 of Comanche County. This provision was invoked by Colorado governor Elias M. Ammons in 1914 during the Colorado Coalfield War, as a result of which President Woodrow Wilson sent federal troops to the state.[22]. b. Butler withdrew the clause. 12. 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. GRAND AND PETIT JURIES IN DISTRICT COURTS: COMPOSITION AND VERDICT. 17: See Appendix, Note 3.). Mandates an "efficient" free public school system. However, in McElmoyle v. Cohen, 38 U.S. (13 Pet.) d. Why cant systematic risk be diversified away? (TEMPORARY TRANSITION PROVISION for Sec. Fort Worth Star-Telegram. 4 of Comanche County, Texas. 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. (e) and (f) added Nov. 3, 1987; Subsecs. 28: See Appendix, Note 3.). (Added Nov. 6, 1962; amended Nov. 8, 1966, and Nov. 7, 1989.). (2), (5)-(10), and (12) amended Nov. 8, 1977; Subsecs. In Corfield v. Coryell, 6 F. Cas. (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. 3: See Appendix, Note 3. LEGAL CHALLENGES TO CONSTITUTIONALITY OF STATE STATUTES. How are we doing? The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. 1-A. 11: See Appendix, Note 3.). Sec. Sec. [14] These holdings include national parks, national forests, recreation areas, wildlife refuges, vast tracts of range and public lands managed by the Bureau of Land Management, reservations held in trust for Native American tribes, military bases, and ordinary federal buildings and installations. (TEMPORARY TRANSITION PROVISIONS for Sec. Who were the framers of the Constitution? 2: See Appendix, Note 1.). What were the goals of the authors of the present Texas Constitution? Article I, Section 2, provides that "the faith of the people of Texas government" Article III, Sections 3 and 4, provide respectively that Senators and Representatives shall be chosen by the qualified electors. 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