Provided, that the decision of said courts shall be conclusive on all questions of fact brought before them on appeal or error. 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. 4 of Comanche County. [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]. The Legislature shall provide for the payment of the necessary expense for the operation of the Commission. (a) amended Nov. 5, 1985, Nov. 3, 1987, and Nov. 7, 1995; Subsecs. (e) amended, Subsec. QUESTIONS OF STATE LAW CERTIFIED FROM FEDERAL APPELLATE COURT. CREATION AND FUNDING OF HOSPITAL DISTRICTS IN OCHILTREE, CASTRO, HANSFORD, AND HOPKINS COUNTIES. Copyright 2023 by the Texas State Law Library. 4. The ______________ model of leadership emphasizes that leaders have different sorts of relationships with different employees. The County Judge is the presiding officer of the County Court and has judicial functions as provided by law. Texas Constitution Braden's Annotated Texas Constitution Guide to Historical Texas Constitutions. Authored by: Kris S. Seago. USA.gov, The U.S. National Archives and Records Administration Sec. Kilman, Johnny and George Costello (Eds). The rights of an incumbent so retired to retirement benefits shall be the same as if his retirement had been voluntary. 7: See Appendix, Note 4.). (a) The legislature shall prescribe by law the qualifications of grand jurors and petit jurors. In other words, there is no one government official who is solely responsible for the Texas Executive Branch. (TEMPORARY TRANSITION PROVISION for Sec. The Full Faith and Credit Clause requires states . Would this warranty be as important an evaluative criterion today as it was a decade ago? 11: See Appendix, Note 3.). Any person holding such office may be disciplined or censured, in lieu of removal from office, as provided by this section. The County Court shall hold terms as provided by law. 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. Texas Democrats gained control of Congress in 1873 and decided it was time to draft a new constitution for Texas. (g) (Redesignated as Subsec. 5. Each county in the State with a population of less than 18,000, according to the most recent federal census, from time to time, for the convenience of the people, shall be designated as a single precinct or, if the Commissioners Court determines that the county needs more than one precinct, shall be divided into not more than four precincts. Due process shall include the right to notice, counsel, hearing, confrontation of his accusers, and all such other incidents of due process as are ordinarily available in proceedings whether or not misfeasance is charged, upon proof of which a penalty may be imposed. 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. 24. Sec. The project includes digitized images and searchable text versions of the constitutions. 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 cent (75) tax. 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. The Constitution does not explain what exactly constitutes a republican form of government. Justices of the peace shall be ex officio notaries public. Since the establishment of the United States in 1776, the number of states has expanded from the original 13 to 50. Prosecutions may be commenced in said court by information filed by the county attorney, or by affidavit, as may be provided by law. 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 Constitution of 1836 adapted provisions from Spanish-Mexican law, including: community property, homestead exemptions and protections, and debtor relief. District Court judges shall have the power to issue writs necessary to enforce their jurisdiction. APPEAL BY STATE IN CRIMINAL CASES. The Legislative Reference Library has a constitutional amendment search and the Texas Legislative Council offers a table of constitutional amendments since 1876 [PDF]. 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. (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. 3-b. Pierce Butler and Charles Pinckney, both from South Carolina, submitted this clause to the Constitutional Convention. (2) and (5) amended Nov. 8, 2005; Subsec. 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. A Justice, Judge, Master, or Magistrate may appeal a decision of the review tribunal to the Supreme Court under the substantial evidence rule. COUNTY FACILITIES FOR INDIGENT INHABITANTS. (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. A system of checks and balances prevents any one of these . (a) The state shall be divided into courts of appeals districts, with each district having a Chief Justice, two or more other Justices, and such other officials as may be provided by law. 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. The seeming ambiguity of the clause has given rise to a number of different interpretations. Voter turnout for the constitutional amendment elections could be improved if: they were held at the same time as presidential elections. The practice and procedures relating to the use of indictments and informations, including their contents, amendment, sufficiency, and requisites, are as provided by law. JUROR QUALIFICATIONS. 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. 9: See Appendix, Note 1.). 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. As written in 1876, who had full citizenship rights under the Constitution of Texas? The Guarantee Clause mandates that all U.S. states must be grounded in republican principles such as the consent of the governed. (1)-(13) amended Nov. 2, 1965; Subsecs. (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. Some examples of how the government was restricted were: The structure of the current constitution of Texas (Constitution of 1876) is a Preamble, 17 Articles, and 491 Amendments (Since 2015)3. DIVISION OF COUNTIES INTO PRECINCTS; JUSTICES OF THE PEACE AND CONSTABLES; COUNTY COMMISSIONERS AND COUNTY COMMISSIONERS COURT. The exact scope of this clause has long been a matter of debate. Instead, by entering the Union, Texas was found to have surrendered control over the water and the soil under it to Congress. (1) Subject to the further provisions of this Section, the Legislature shall provide for the retirement and compensation of Justices and Judges of the Appellate Courts and District and Criminal District Courts on account of length of service, age and disability, and for their reassignment to active duty where and when needed. 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. For instance the Supreme Court struck down a provision which limited the jurisdiction of the state of Alabama over navigable waters within the state. In Corfield v. Coryell, 6 F. Cas. The bonds may not be issued or such tax be levied until approved by such voters. (e) The office of Constable is abolished in Mills County, Reagan County, and Roberts County. (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. 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), (5)-(10), and (12) amended Nov. 8, 1977; Subsecs. ARTICLE 4. The case prohibited the entering upon the public lands of the United States and removing wild burros under the New Mexico Estray Law.[16]. Clause Two requires that fugitives from justice may be extradited on the demand of executive authority of the state from which they fled. 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. The court must sit en banc during proceedings involving capital punishment and other cases as required by law. 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. 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