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. APPEAL BY STATE IN CRIMINAL CASES. 5a: See Appendix, Note 3.). Sec. Texas utilizes a plural executive which means the power of the Governor is limited and distributed amongst other government officials.In other words, there is not one government official in Texas that is solely responsible for the Texas Executive Branch. Known as the Constitution of 1869, the document remained controversial and the more radical provisions were not accepted by a large number of Texans. (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. (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. 29: See Appendix, Note 3.). Therefore, under the Territorial clause, Congress had the power to determine which parts of the Constitution applied to the territories. c. Why is some risk diversifiable? However, the Supreme Court, in Texas v. White (1869), held that a state cannot unilaterally do so. SUPREME COURT AND COURT OF CRIMINAL APPEALS: LOCATION AND TERM. (TEMPORARY TRANSITION PROVISION for Sec. (1) amended Nov. 6, 2007; Subsec. (b) The Legislature may by law permit the County of Comanche 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 Dollar ($100) valuation (in addition to other taxes permitted by this Constitution) upon all property within the County but without the County Commissioners Precinct No. A Justice, Judge, Master, or Magistrate may appeal a decision of the review tribunal to the Supreme Court under the substantial evidence rule. Can you connect this to postpurchase dissonance? (h) added Nov. 5, 2002.) They seized the opportunity to undo the hated 1869 acts. 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. 4. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. -any person deemed mentally incompetent by the courts. (TEMPORARY TRANSITION PROVISIONS for Sec. In 1912, Luther was reaffirmed in Pacific States Telephone and Telegraph Co. v. (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. 4 of Comanche County at the time such levy is made for such purposes. Fort Worth Star-Telegram. 13. Copyright 2023 by the Texas State Law Library. Would this warranty be as important an evaluative criterion today as it was a decade ago? (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. 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. 19. Instead, by entering the Union, Texas was found to have surrendered control over the water and the soil under it to Congress. 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. 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. (c) 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. In Kentucky v. Dennison (1860),[1] the Supreme Court held that the federal courts may not compel state governors to surrender fugitives through the issue of writs of mandamus. Section Four requires the United States to protect each state from invasion, and, upon the application of the state legislature (or executive, if the legislature cannot be convened), from domestic violence. COUNTY COURT: TERMS, PROSECUTIONS, AND JURIES. The Governor of Texas heads the state government of Texas. In Mills v. Duryee, 1t1 U.S. (7 Cranch) 481[permanent dead link] (1813), the United States Supreme Court ruled that the merits of a case, as settled by courts of one state, must be recognized by the courts of other states; state courts may not reopen cases which have been conclusively decided by the courts of another state. On this Wikipedia the language links are at the top of the page across from the article title. Salary. The state legislature can propose amendments to the constitution. Amended Nov. 5, 1985, and Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISIONS for Sec. (TEMPORARY TRANSITION PROVISION for Sec. gov.texas.gov. (Feb. 15, 1876. 14 repealed Nov. 5, 1985; current Sec. XVI, amended to redesignate as Sec. (Feb. 15, 1876. Section 3. 6: See Appendix, Note 1.). 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 coextensive 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. He is survived by many relatives-a spouse, children, adopted children, sisters, brothers, uncles, aunts, cousins, nephews, and nieces. 32. 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. (Added Nov. 4, 1958; Subsecs. 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. Any Justice or Judge of the courts established by this Constitution or created by the Legislature as provided in Section 1, Article V, of this Constitution, may, subject to the other provisions hereof, be removed from office for willful or persistent violation of rules promulgated by the Supreme Court of Texas, incompetence in performing the duties of the office, willful violation of the Code of Judicial Conduct, or willful or persistent conduct that is clearly inconsistent with the proper performance of his duties or casts public discredit upon the judiciary or administration of justice. When convened en banc, five Judges shall constitute a quorum and the concurrence of five Judges shall be necessary for a decision. (TEMPORARY TRANSITION PROVISION for Sec. QUESTIONS OF STATE LAW CERTIFIED FROM 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. In case of vacancy the Commissioners Court of the county shall have the power to appoint a County Attorney until the next general election. 2. 29. A project created by ISKME. An amendment is a change to the Constitution. (g) added Nov. 4, 1997; Subsec. 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. Once the new Constitution went into effect, however, Congress admitted Vermont and Kentucky on equal terms and thereafter formalized the condition in its acts of admission for subsequent states, declaring that the new state enters "on an equal footing with the original States in all respects whatever." If such district or districts are created, they may be authorized to levy a tax not to exceed Seventy-five Cents (75) on the One Hundred Dollars ($100.00) 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. CREATION AND FUNDING OF HOSPITAL DISTRICTS IN CITY OF AMARILLO, WICHITA COUNTY, AND JEFFERSON COUNTY. This article makes a personal income tax unlikely in Texas because: registered voters in the state must approve a personal income tax. 28. (a) The legislature shall prescribe by law the qualifications of grand jurors and petit jurors. What is the principle of diversification? Sec. 1-a: See Appendix, Note 3.). 4 of Comanche County. Sec. 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. 28: See Appendix, Note 3.). VACANCY IN JUDICIAL OFFICE. Please take our patron satisfaction survey! 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. 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. $143,750 (2019) [1] Website. It also empowers Congress to admit new states and administer the territories and other federal lands. (TEMPORARY TRANSITION PROVISIONS for Sec. ", List of U.S. states by date of admission to the Union, Pacific States Telephone and Telegraph Co. v. Oregon, List of states and territories of the United States, "Common Interpretation: The Admissions Clause", "Essays on Article IV: New States Clause", "Federal Land Ownership: Overview and Data", "Essays on Article VII: Ratification Clause". SHERIFFS. (a) The Court of Criminal Appeals shall consist of eight Judges and one Presiding Judge. 9: See Appendix, Note 1.). (Feb. 15, 1876. 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 . (e) amended, Subsec. 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. 4. The change must be approved by a majority of the qualified voters of the district voting at an election called and held for that purpose. Sec. If you would like to locate a library book, access the library catalog. (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. 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. 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. Texans to decide whether to update their aging constitution. [11], When, therefore, Texas became one of the United States, she entered into an indissoluble relation. 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. 4 of Comanche County, Texas. DIRECT APPEAL FROM ORDER GRANTING OR DENYING INJUNCTION. Thus the Congress, utilizing the discretion allowed by the framers, adopted a policy of equal status for all newly admitted states. Amended Aug. 11, 1891, Nov. 4, 1930, Nov. 4, 1980, and Nov. 6, 2001.) The review tribunal, in an order for involuntary retirement for disability or an order for removal, may prohibit such person from holding judicial office in the future. (a) The Supreme Court shall exercise the judicial power of the state except as otherwise provided in this Constitution. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. 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. TERM OF OFFICE OF JUDGES OF COUNTY-WIDE COURTS AND OF CRIMINAL DISTRICT ATTORNEYS. (Feb. 15, 1876. 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. 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 . The Texas Constitution maintained on this website is the official text of the constitution. The project includes digitized images and searchable text versions of the constitutions. 14. 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