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

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 shall provide for transfer of title to properties to the district. The Guarantee Clause mandates that all U.S. states must be grounded in republican principles such as the consent of the governed. 14 added Nov. 6, 2001.) (c) Subject to such regulations as may be prescribed by law, the Court of Criminal Appeals and the Judges thereof shall have the power to issue the writ of habeas corpus, and, in criminal law matters, the writs of mandamus, procedendo, prohibition, and certiorari. 4. They seized the opportunity to undo the hated 1869 acts. (f) In addition to the statewide reapportionment, the board may reapportion the judicial districts of the state as the necessity for reapportionment appears by redesignating, in one or more reapportionment orders, the county or counties that comprise the specific judicial districts affected by those reapportionment orders. Sec. e. Article Four of the United States Constitution outlines the relationship between the various states, as well as the relationship between each state and the United States federal government. Lieutenant Governor of Texas. 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. [7] It would later be applied with regard to the formation of Maine (from Massachusetts) and West Virginia (from Virginia). The doctrine, however, can also be applied to the detriment of states, as occurred with Texas. (Feb. 15, 1876. The Justices shall have the qualifications prescribed for Justices of the Supreme Court. (a) The Supreme Court shall exercise the judicial power of the state except as otherwise provided in this Constitution. 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. An attempt to hold a popular convention to write a new constitution was declared insurrection by the charter government, and the convention leaders were arrested. The motives of the governor demanding the extradition may not be questioned. The practice and procedures relating to the use of indictments and informations, including their contents, amendment, sufficiency, and requisites, are as provided by law. 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. (10) All papers filed with and proceedings before the Commission or a Master shall be confidential, unless otherwise provided by law, and the filing of papers with, and the giving of testimony before the Commission or a Master shall be privileged, unless otherwise provided by law. Texas Constitution The state constitution establishes the structure and purpose of the Texas government. HOSPITAL DISTRICTS: REGULATION OF HEALTH CARE SERVICES. 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. JURISDICTION OF SUPREME COURT. 18: See Appendix, Note 3.). However, the Supreme Court, in Texas v. White (1869), held that a state cannot unilaterally do so. The Radical Republican majority used this clause as the basis for taking control of the ex-Confederate states and for promoting civil rights for freedmen, plus the limiting of political and voting rights for ex-Confederates, abolishing the ex-Confederate state governments, setting guidelines for the readmission of the rebellious states into the Union. 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. 14. (TEMPORARY TRANSITION PROVISION for Sec. In other words, there is no one government official who is solely responsible for the Texas Executive Branch. In the event of such acquisition, if there are any general obligation bonds that the owner of the publicly owned airport facility has outstanding, the same shall be fully assumed by the Authority and sufficient taxes levied by the Authority to discharge said outstanding indebtedness. B. Sec. The court shall have the power upon affidavit or otherwise to ascertain such matters of fact as may be necessary to the exercise of its jurisdiction. The Legislature shall provide for transfer of title to properties to the District. (TEMPORARY TRANSITION PROVISION for Sec. (Added Aug. 14, 1883; amended Nov. 6, 2001.) 20. AIRPORT AUTHORITIES. However, the great majority of agencies are created by statute and must function under the separation requirement, thus compelling Texas courts to establish parameters for . (5)-(9) and (11)-(13) amended Nov. 3, 1970; 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. (Added Nov. 8, 1966; amended Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISION for Sec. In case of vacancy the Commissioners Court of the county shall have the power to appoint a County Attorney until the next general election. (TEMPORARY TRANSITION PROVISIONS for Sec. 17. (Added Nov. 5, 1985; Subsec. 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. (TEMPORARY TRANSITION PROVISION for Sec. [12], 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.[13]. By the end of this section, you will be able to: This section discussesthe Constitution of 1876s role in Texas. (b) amended Nov. 2, 2021.) (2) The State Commission on Judicial Conduct consists of thirteen (13) members, to wit: (i) one (1) Justice of a Court of Appeals; (ii) one (1) District Judge; (iii) two (2) members of the State Bar, who have respectively practiced as such for over ten (10) consecutive years next preceding their selection; (iv) five (5) citizens, at least thirty (30) years of age, not licensed to practice law nor holding any salaried public office or employment; (v) one (1) Justice of the Peace; (vi) one (1) Judge of a Municipal Court; (vii) one (1) Judge of a County Court at Law; and (viii) one (1) Judge of a Constitutional County Court; provided that no person shall be or remain a member of the Commission, who does not maintain physical residence within this State, or who shall have ceased to retain the qualifications above specified for that person's respective class of membership, and provided that a Commissioner of class (i), (ii), (iii), (vii), or (viii) may not reside or hold a judgeship in the same court of appeals district as another member of the Commission. Prosecutions may be commenced in said court by information filed by the county attorney, or by affidavit, as may be provided by law. c. Why is some risk diversifiable? County judges, county attorneys, clerks of the district and county courts, justices of the peace, constables, and other county officers, may be removed by the judges of the district courts for incompetency, official misconduct, habitual drunkenness, or other causes defined by law, upon the cause therefor being set forth in writing and the finding of its truth by a jury. Texas Democrats gained control of Congress in 1873 and decided it was time to draft a new constitution for Texas. CREATION AND FUNDING OF HOSPITAL DISTRICT IN COUNTY COMMISSIONERS PRECINCT NO. That phrase incorporates all acts prohibited by the laws of a state, including misdemeanors and small, or petty, offenses. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. 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. Article II of the Texas Constitution consists of only a single section, with fewer than 100 words. 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. 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. (g) (Redesignated as Subsec. 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. The Legislature may by law authorize the creation of county-wide Hospital Districts in counties having a population in excess of 190,000 and in Galveston County, with power to issue bonds for the purchase, acquisition, construction, maintenance and operation of any county owned hospital, or where the hospital system is jointly operated by a county and city within the county, and to provide for the transfer to the county-wide Hospital District of the title to any land, buildings or equipment, jointly or separately owned, and for the assumption by the district of any outstanding bonded indebtedness theretofore issued by any county or city for the establishment of hospitals or hospital facilities; to levy a tax not to exceed seventy-five ($ .75) cents on the One Hundred ($100.00) Dollars valuation of all taxable property within such district, provided, however, that such district shall be approved at an election held for that purpose, and that only qualified voters in such county shall vote therein; provided further, that such Hospital District shall assume full responsibility for providing medical and hospital care to needy inhabitants of the county, and thereafter such county and cities therein shall not levy any other tax for hospital purposes; and provided further that should such Hospital District construct, maintain and support a hospital or hospital system, that the same shall never become a charge against the State of Texas, nor shall any direct appropriation ever be made by the Legislature for the construction, maintenance or improvement of the said hospital or hospitals. (a) Each county in the State with a population of 50,000 or more, according to the most recent federal census, from time to time, for the convenience of the people, shall be divided into not less than four and not more than eight precincts. Any county now existing may be reduced to an area of not less than seven hundred square miles by a like two-thirds vote. Section 3. (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. (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. The district may provide hospital care, medical care, and other services authorized by the legislature. 11. (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. (Added Nov. 2, 1954; amended Nov. 2, 1999.) (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. Sec. If you would like to locate a library book, access the library catalog. This article makes a personal income tax unlikely in Texas because: registered voters in the state must approve a personal income tax. [2] Alleged fugitives generally may not challenge extradition proceedings. The previous six were the 1827 Constitution of the State of Coahuila and Tejas, the 1836Constitution of the Republic of Texas,and different versions of the constitution of Texas for the years 1845, 1861, 1866, and 1869. 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. They differed from provisions in the 1827 Constitution of Coahuila y Tejas. 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. 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. No Person held to Service or Labour 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 Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due. (13-a) The Commission may accept complaints or reports, conduct investigations, and take any other action authorized by this section with respect to a candidate for an office named in Subsection (6)(A) of this section in the same manner the Commission is authorized to take those actions with respect to a person holding that office. The Fugitive Slave Act of 1793 created the mechanism for recovering a fugitive slave, overruled any state laws giving sanctuary, made it a federal crime to assist an escaped slave, and allowed slave-catchers into every U.S. state and territory. It also empowers Congress to admit new states and administer the territories and other federal lands. VACANCY IN JUDICIAL OFFICE. 3-b. (TEMPORARY TRANSITION PROVISIONS for Sec. Amended Aug. 11, 1891, Nov. 6, 1973, and Nov. 5, 1985.). d. Why cant systematic risk be diversified away? 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. (Feb. 15, 1876. (b) The appeal of all cases in which the death penalty has been assessed shall be to the Court of Criminal Appeals. This tax is in addition to any other tax authorized by this constitution. (c) All constitutional and statutory references to the Courts of Civil Appeals shall be construed to mean the Courts of Appeals. 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. Anna M. Tinsley. 4: See Appendix, Note 1.). 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. Who were the framers of the Constitution? (b) The Legislature shall provide for the option by the governing body of the city or cities whose airport facilities are served by certificated airlines and whose facility or some interest therein, is proposed to be or has been acquired by the Authority, to either appoint or elect a Board of Directors of said Authority. (a) A vacancy in the office of Chief Justice, Justice, or Judge of the Supreme Court, the Court of Criminal Appeals, the Court of Appeals, or the District Courts shall be filled by the Governor until the next succeeding General Election for state officers, and at that election the voters shall fill the vacancy for the unexpired term. 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. This site works best with JavaScript enabled. 5. 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. Under the law relating to the removal of an active Justice or Judge, the Commission and the review tribunal may prohibit a retired or former Judge from holding judicial office in the future or from sitting on a court of this State by assignment. The commissioners court may reinstate an office of constable declared dormant by vote of the commissioners court or by calling an election in the precinct to reinstate the office. Sec. The Supreme Court has held that this clause prevents states from reopening cases which have been conclusively decided by the courts of another state. (TEMPORARY TRANSITION PROVISION for Sec. 2: See Appendix, Note 3.). JUDICIAL DISTRICTS; DISTRICT JUDGES; TERMS OR SESSIONS; ABSENCE, DISABILITY, OR DISQUALIFICATION OF DISTRICT JUDGE. The state legislature can propose amendments to the constitution. One of them brought suit in federal court, arguing that Rhode Island's government was not "republican" in character, and that his arrest (along with all of the government's other acts) was invalid. (Feb. 15, 1876. How are we doing? [20] In Pacific States, a utility company challenged an Oregon tax law passed by a referendum, as opposed to the ordinary legislative process. And it was final. Amended Aug. 11, 1891, Nov. 7, 1978, Nov. 4, 1980, and Nov. 5, 1985.). (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. Sec. Sec. The Master shall have all the power of a District Judge in the enforcement of orders pertaining to witnesses, evidence, and procedure. (2), (5)-(10), and (12) amended Nov. 8, 1977; Subsecs. (Feb. 15, 1876. 14 repealed Nov. 5, 1985; current Sec. EXECUTIVE DEPARTMENT Sec. The Supreme Court and the Justices thereof shall have power to issue writs of habeas corpus, as may be prescribed by law, and under such regulations as may be prescribed by law, the said courts and the Justices thereof may issue the writs of mandamus, procedendo, certiorari and such other writs, as may be necessary to enforce its jurisdiction. 16. For more information about UELMA, please see the council . The case prohibited the entering upon the public lands of the United States and removing wild burros under the New Mexico Estray Law.[16]. COUNTY COURTS: TERMS OF COURT; PROBATE BUSINESS. In modifying any judicial district, no county having a population as large or larger than the population of the judicial district being reapportioned shall be added to the judicial district. General election and purpose of the Texas Constitution consists of only a single section, you will able..., in Texas v. 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