article 4 of the texas constitution creates quizlet

(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. 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. 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. (b) The appeal of all cases in which the death penalty has been assessed shall be to the Court of Criminal Appeals. Any person holding an office named in Paragraph A of this subsection who is eligible for retirement benefits under the laws of this state providing for judicial retirement may be involuntarily retired, and any person holding an office named in that paragraph who is not eligible for retirement benefits under such laws may be removed from office, for disability seriously interfering with the performance of his duties, which is, or is likely to become, permanent in nature. Portion of the US Constitution regarding states, Article Four of the United States Constitution, Smith, Thomas A. County court judges shall have the power to issue writs necessary to enforce their jurisdiction. If the vote is favorable, then admission may be granted to such county or counties by the Board of Directors of the then existing Authority upon such terms and conditions as they may agree upon and evidenced by a resolution approved by two-thirds (2/3rds) of the then existing Board of Directors. Sec. Amended Aug. 11, 1891, Nov. 7, 1978, Nov. 4, 1980, and Nov. 5, 1985.). [5] This clause was rendered mostly moot when the Thirteenth Amendment abolished slavery. 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. 1: See Appendix, Note 1.). (8) After such investigation as it deems necessary, the Commission may in its discretion issue a private or public admonition, warning, reprimand, or requirement that the person obtain additional training or education, or if the Commission determines that the situation merits such action, it may institute formal proceedings and order a formal hearing to be held before it concerning a person holding an office or position specified in Subsection (6) of this Section, or it may in its discretion request the Supreme Court to appoint an active or retired District Judge or Justice of a Court of Appeals, or retired Judge or Justice of the Court of Criminal Appeals or the Supreme Court, as a Master to hear and take evidence in the matter, and to report thereon to the Commission. 14. (TEMPORARY TRANSITION PROVISIONS for Sec. Sec. Why is the Texas Constitution So Dang Long? That phrase incorporates all acts prohibited by the laws of a state, including misdemeanors and small, or petty, offenses. The Legislature shall provide for transfer of title to properties to the District. Article 4 of the Texas Constitution creates a plural executive, stating that there are ___ distinct offices in the executive branch. [20] In Pacific States, a utility company challenged an Oregon tax law passed by a referendum, as opposed to the ordinary legislative process. At the time, the Rhode Island constitution was the old royal charter established in the 17th century. The First Clause of Section Three, also known as the Admissions Clause,[6] grants to Congress the authority to admit new states into the Union. Sec. (Feb. 15, 1876. [7] It would later be applied with regard to the formation of Maine (from Massachusetts) and West Virginia (from Virginia). Although federal property can be found in every state, the largest concentrations are in the west, where, for example, the federal government owns over eighty percent of the land within Nevada. If the tax is authorized by the legislature and approved by the voters of the area to be taxed, the Amarillo Hospital District shall, by resolution, assume the responsibilities, obligations, and liabilities of Randall County in accordance with Subsection (a) of this section and, except as provided by this subsection, Randall County may not levy taxes or issue bonds for hospital purposes or for providing hospital care for needy inhabitants of the county. 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. (TEMPORARY TRANSITION PROVISION for Sec. There shall be a Clerk for the District Court of each county, who shall be elected by the qualified voters and who shall hold his office for four years, subject to removal by information, or by indictment of a grand jury, and conviction of a petit jury. (5) during the time required by Subdivision (4) of this subsection has not had the person's license to practice law revoked, suspended, or subject to a probated suspension. The concurrence of a majority of the judges sitting in a section is necessary to decide a case. If an office of constable is declared dormant, the office may not be filled by election or appointment and the previous officeholder does not continue to hold the office under Subsection (a) of this section or Section 17, Article XVI, of this constitution. What happens to the standard deviation of return for a portfolio if we increase (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. DIRECT APPEAL FROM ORDER GRANTING OR DENYING INJUNCTION. (2000). The Extradition Clause requires that fugitives from justice be extradited on the demand of executive authority of the state from which they flee. JUROR QUALIFICATIONS. Article IV of the U.S. Constitution is a relatively uncontroversial section that establishes the relationship between states and their disparate laws. (e) The Legislature shall authorize the purchase or acquisition by the Authority of any existing airport facility publicly owned and financed and served by certificated airlines, in fee or of any interest therein, or to enter into any lease agreement therefor, upon such terms and conditions as may be mutually agreeable to the Authority and the owner of such facilities, or authorize the acquisition of same through the exercise of the power of eminent domain. 6 Article 7 of the Texas constitution Requires that the state legislature establish and maintain "an efficient system of public free schools" Article 8 of the Texas constitution deals with taxation and revenue. 5. The adoption of a reapportionment order requires a majority vote of the total membership of the board. 11. Lieutenant Governor of Texas. 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. Sec. Others suggest that citizens of states carry the rights accorded by their home states while traveling in other states. Sec. (Feb. 15, 1876. (Feb. 15, 1876. (i) The legislature, the Judicial Districts Board, or the Legislative Redistricting Board may not redistrict the judicial districts to provide for any judicial district smaller in size than an entire county except as provided by this section. Pierce Butler and Charles Pinckney, both from South Carolina, submitted this clause to the Constitutional Convention. (Feb. 15, 1876. The current constitution is the seventh in Texas history. (TEMPORARY TRANSITION PROVISION for 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. 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. (Former Sec. Sec. (TEMPORARY TRANSITION PROVISION for Sec. (TEMPORARY TRANSITION PROVISION for Sec. 8, Art. 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. The powers, duties, and records of the office are transferred to the County Sheriff. The Texas Constitution does not contain a "necessary and proper clause" like the U.S. Constitution, therefore making it the second-longest state constitution in America (2nd only to Alabama's). (Added Nov. 6, 1962; amended Nov. 2, 1999.) In other words, there is no one government official who is solely responsible for the Texas Executive Branch. 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. (a) amended Nov. 5, 1985, Nov. 3, 1987, and Nov. 7, 1995; Subsecs. (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. 3: See Appendix, Note 3. a. (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. Revision and Adaptation. (TEMPORARY TRANSITION PROVISION for Sec. The Legislature may confer original jurisdiction on the Supreme Court to issue writs of quo warranto and mandamus in such cases as may be specified, except as against the Governor of the State. The state constitution establishes the structure and purpose of the Texas government. (Added Nov. 6, 1962; amended Nov. 8, 1966, and Nov. 7, 1989.). 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. This disqualification of judges of inferior tribunals shall be remedied and vacancies in their offices filled as may be prescribed by law. Its appellate jurisdiction shall be final and shall extend to all cases except in criminal law matters and as otherwise provided in this Constitution or by law. The Court shall hold the regular terms at the County Seat of each County in the Court's district in such manner as may be prescribed by law. (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. (12) No person holding an office specified in Subsection (6) of this Section shall sit as a member of the Commission in any proceeding involving his own suspension, discipline, censure, retirement or removal. 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. The Legislature shall provide for transfer of title to properties to the district. 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. (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. (2), (5)-(10), and (12) amended Nov. 8, 1977; Subsecs. What determines who gets what? 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. Plan Your Visit to the National Archives Museum, Browse Revolutionary Era Classroom Activities. The Luther v. Borden ruling left the responsibility to establish guidelines for the republican nature of state governments in the hands of the Congress. 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. 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. 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. 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. (TEMPORARY TRANSITION PROVISIONS for Sec. A division or designation under this subsection shall be made by the Commissioners Court provided for by this Constitution. This clause was added to the clause that provided extradition for fugitives from justice.[4]. 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. 2: See Appendix, Note 3.). During the constitutional convention held November 1865. fundamental freedoms and rights were granted to newly free former slaves. Fugitives brought to states by means other than extradition may be tried, even though the means of the conveyance was unlawful; the Supreme Court so ruled in Mahon v. Justice, 127 U.S. 700 (1888). The legislature by law may determine the health care services a hospital district is required to provide, the requirements a resident must meet to qualify for services, and any other relevant provisions necessary to regulate the provision of health care to residents. 13: See Appendix, Note 3.). Who were the framers of the Constitution? State of Texas | Statewide Search | Report Fraud in Texas | Texas Statutes, Site Map | Library Policies | Accessibility | Employment Opportunities, 205 West 14th Street, Austin, Texas 78701-1614. (e) Unless the legislature enacts a statewide reapportionment of the judicial districts following each federal decennial census, the board shall convene not later than the first Monday of June of the third year following the year in which the federal decennial census is taken to make a statewide reapportionment of the districts. (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. CLERK OF DISTRICT COURT. Sec. 6. The maximum tax rate submitted shall be sufficient to discharge 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 Cent (75) tax. Neither of these theories has been endorsed by the Supreme Court, which has held that the clause means that a state may not discriminate against citizens of other states in favor of its own citizens. 9A. [11], When, therefore, Texas became one of the United States, she entered into an indissoluble relation. (Feb. 15, 1876. (c) A majority of the total membership of the board constitutes a quorum for the transaction of business. Sec. Article Four also requires the United States to protect each state from invasion, and, at the request of a state, from "domestic violence.". Each county in the State with a population of 18,000 or more but less than 50,000, according to the most recent federal census, from time to time, for the convenience of the people, shall be divided into not less than two and not more than eight precincts. COUNTY-WIDE HOSPITAL DISTRICTS IN CERTAIN LARGE COUNTIES. (Feb. 15, 1876. (f) deleted, and Subsec. Section 3. The Judges of all Courts of county-wide jurisdiction heretofore or hereafter created by the Legislature of this State, and all Criminal District Attorneys now or hereafter authorized by the laws of this State, shall be elected for a term of four years, and shall serve until their successors have qualified. 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. What is the principle of diversification? (a) The supreme court and the court of criminal appeals have jurisdiction to answer questions of state law certified from a federal appellate court. COUNTY COURT: TERMS, PROSECUTIONS, AND JURIES. 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. (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. (c) When the boundaries of justice of the peace and constable precincts are changed, each Justice and Constable 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 in which the person resides for the 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, abolishes the precinct for which he was elected or appointed, or temporarily results in extra Justices or Constables serving in a precinct. Amended Aug. 11, 1891, Nov. 8, 1949, Nov. 5, 1985, and Nov. 2, 2021.) The practice and procedures relating to the use of indictments and informations, including their contents, amendment, sufficiency, and requisites, are as provided by law. (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 state legislature can propose amendments to the constitution. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. Any person holding an office specified in this subsection may be suspended from office with or without pay by the Commission immediately on being indicted by a State or Federal grand jury for a felony offense or charged with a misdemeanor involving official misconduct. This article makes a personal income tax unlikely in Texas because: registered voters in the state must approve a personal income tax. 312 (1839), the court heard a case where one party obtained a judgment in South Carolina and sought to enforce it in Georgia, which had a statute of limitations that barred actions on judgments after a certain amount of time had passed since the judgment was entered. Kilman, Johnny and George Costello (Eds). Amended Nov. 5, 1985, and Nov. 6, 2001.) Sec. (TEMPORARY TRANSITION PROVISION for Sec. If you would like to locate a library book, access the library catalog. 9. The seeming ambiguity of the clause has given rise to a number of different interpretations. Its orders for the attendance or testimony of witnesses or for the production of documents at any hearing or investigation shall be enforceable by contempt proceedings in the District Court or by a Master. The Master shall have all the power of a District Judge in the enforcement of orders pertaining to witnesses, evidence, and procedure. 14 repealed Nov. 5, 1985; current Sec. 16. A major issue early in the 20th century was whether the whole Constitution applied to the territories called insular areas by Congress. Sec. 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. (b) amended Nov. 2, 2021.) He shall receive as compensation for his services such fees and perquisites as may be prescribed by law. AUTHORITY OF COASTAL COUNTIES TO REGULATE MOTOR VEHICLES AND LITTERING ON BEACHES. HOSPITAL DISTRICTS: REGULATION OF HEALTH CARE SERVICES. Which idea is contained in both the US and Texas Constitutions? Article 4 of the Texas Constitution creates a plural executive, stating that there are ___ distinct offices in the executive branch. However, the accused may prevent extradition by offering clear evidence that he was not in the state he allegedly fled from at the time of the crime. 6: See Appendix, Note 3.). (TEMPORARY TRANSITION PROVISION for Sec. 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. It shall annually select one of its members as Chairman. 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. QUESTIONS OF STATE LAW CERTIFIED FROM FEDERAL APPELLATE COURT. Sec. APPEAL BY STATE IN CRIMINAL CASES. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. 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. 8. By the end of this section, you will be able to: This section discussesthe Constitution of 1876s role in Texas. (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. Find out from TexPlainer at the Texas Tribune. 29. 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. (TEMPORARY TRANSITION PROVISION for Sec. 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. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. 2. 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. COUNTY COURTS: JURISDICTION; COUNTY JUDGE POWERS; DISQUALIFICATION OF COUNTY JUDGE. Amended Nov. 2, 1954; Subsecs. 12. 5a: See Appendix, Note 3.). (b) Each of said Courts of Appeals shall hold its sessions at a place in its district to be designated by the Legislature, and at such time as may be prescribed by law. This clause, commonly known as the "Property Clause" or "Territorial Clause", grants Congress the constitutional authority for the management and control of all territories or other property owned by the United States. Yet, the principle it establishes, that the powers of government . To put restrictions on the power of government in the body of the document, making it difficult to change over time. (a) The Supreme Court shall exercise the judicial power of the state except as otherwise provided in this Constitution. 11: See Appendix, Note 3.). Texas voters later decide whether to adopt the proposed amendments. The state legislature can propose amendments to the constitution. (Added Nov. 8, 1960; Subsec. Sec. 23. A County Attorney, for counties in which there is not a resident Criminal District Attorney, shall be elected by the qualified voters of each county, who shall be commissioned by the Governor, and hold his office for the term of four years. Sec. Amended Aug. 11, 1891, Nov. 6, 1973, and Nov. 5, 1985.). Sec. (Added Nov. 2, 1954; amended Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISION for Sec. (3) The regular term of office of Commissioners shall be six (6) years; but the initial members of each of classes (i), (ii) and (iii) shall respectively be chosen for terms of four (4) and six (6) years, and the initial members of class (iiii) for respective terms of two (2), four (4) and six (6) years. And small, or petty, offenses 1978, Nov. 6, 1962 ; amended Nov. 2,.... The structure and purpose of the clause has given rise to a number different! Given in each state to the Court of Criminal Appeals entered into an indissoluble.. For his services such fees and perquisites as may be prescribed by law for! Areas by Congress mostly moot when the Thirteenth Amendment abolished slavery ; disqualification of judges of inferior tribunals shall to... 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