(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. The County Commissioners so chosen, with the County Judge as presiding officer, shall compose the County Commissioners Court, which shall exercise such powers and jurisdiction over all county business, as is conferred by this Constitution and the laws of the State, or as may be hereafter prescribed. (TEMPORARY TRANSITION PROVISION for Sec. Sec. 14, Art. 21. The Dennison decision was overruled by Puerto Rico v. Branstad (1987); now, the federal courts may require the extradition of fugitives. (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. The County Court has jurisdiction as provided by law. Amended Aug. 11, 1891, Nov. 8, 1966, Nov. 8, 1977, Nov. 4, 1980, and Nov. 6, 2001.) Clause Two requires that fugitives from justice may be extradited on the demand of executive authority of the state from which they fled. 8, Art. JUDICIAL POWER VESTED IN COURTS; LEGISLATIVE POWER REGARDING COURTS. When, as a result of a change of precinct boundaries, a vacancy occurs in the office of Justice of the Peace or Constable, the Commissioners Court shall fill the vacancy by appointment until the next general election. the number of securities in the portfolio? Thus the Congress, utilizing the discretion allowed by the framers, adopted a policy of equal status for all newly admitted states. 7a. (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. 5: See Appendix, Note 3.). The Legislature shall have power to create counties for the convenience of the people subject to the following provisions: (1) Within the territory of any county or counties, no new county shall be created with a less area than seven hundred square miles, nor shall any such county now existing be reduced to a less area than seven hundred square miles. (TEMPORARY TRANSITION PROVISION for Sec. (g) (Redesignated as Subsec. 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. 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]. (a) amended Nov. 2, 1999.) The United States shall guarantee to every State in this Union a Republican Form of Government, []. (a) The Legislature may by law provide for the creation, establishment, maintenance and operation of Airport Authorities composed of one or more counties, with power to issue general obligation bonds, revenue bonds, either or both of them, for the purchase, acquisition by the exercise of the power of eminent domain or otherwise, construction, reconstruction, repair or renovation of any airport or airports, landing fields and runways, airport buildings, hangars, facilities, equipment, fixtures, and any and all property, real or personal, necessary to operate, equip and maintain an airport. 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. (TEMPORARY TRANSITION PROVISIONS for Sec. There shall be established in each county in this State a County Court, which shall be a court of record; and there shall be elected in each county, by the qualified voters, a County Judge, who shall be well informed in the law of the State; shall be a conservator of the peace, and shall hold his office for four years, and until his successor shall be elected and qualified. 10. Article 4 of the Texas Constitution describes the executive department (branch) of Texas. Copyright 2023 by the Texas State Law Library. (Feb. 15, 1876. (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 rights of an incumbent so retired to retirement benefits shall be the same as if his retirement had been voluntary. The court must sit en banc during proceedings involving capital punishment and other cases as required by law. 9B. (Added Nov. 6, 2001.) (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. The Property Clause grants Congress the power to make laws for the territories and other federal lands. In other words, there is no one government official who is solely responsible for the Texas Executive Branch. (b) Each district judge shall be elected by the qualified voters at a General Election. (e) and (f) added Nov. 3, 1987; Subsecs. 5: See Appendix, Note 1. Pa. 1823), the federal circuit court held that privileges and immunities in respect of which discrimination is barred include. Article IV Section 1, creates several offices in the officers of the Executive Department (except Secretary of State) 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 state constitution establishes the structure and purpose of the Texas government. Sec. 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. 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. The Constitution of 1836 adapted provisions from Spanish-Mexican law, including: community property, homestead exemptions and protections, and debtor relief. Sec. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. Since the establishment of the United States in 1776, the number of states has expanded from the original 13 to 50. JURISDICTION OF SUPREME COURT. (TEMPORARY TRANSITION PROVISION for Sec. 4 OF COMANCHE COUNTY. 17: See Appendix, Note 3.). Sec. (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. 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. In 1864, during the Civil War, an effort to repeal this clause of the Constitution failed. 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. COUNTY-WIDE HOSPITAL DISTRICTS IN CERTAIN LARGE COUNTIES. 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. No new counties shall be created so as to approach nearer than twelve miles of the county seat of any county from which it may in whole or in part be taken. The powers, duties, and records of the office are transferred to the County Sheriff. The Justices shall have the qualifications prescribed for Justices of the Supreme Court. The constitution is silent on the question of whether or not a state may unilaterally leave, or secede from, the Union. Sec. (e) and (f) added Nov. 7, 1995; Subsec. 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. Sec. 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. Since the 1987 case of Puerto Rico v. Branstad, federal courts may also use the Extradition Clause to require the extradition of fugitives. 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. GRAND AND PETIT JURIES IN DISTRICT COURTS: COMPOSITION AND VERDICT. 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. 14. However, the Supreme Court, in Texas v. White (1869), held that a state cannot unilaterally do so. (Added Nov. 6, 1962; amended Nov. 8, 1966, and Nov. 7, 1989.). [18], The Federalist Papers also gives some insight as to the intent of the Founders. 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. It also empowers Congress to admit new states and administer the territories and other federal lands . 14 added Nov. 6, 2001.) 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. IX, Nov. 6, 2001.) 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. Article 4 of the Texas Constitution creates a plural executive, stating that there are ___ distinct offices in the executive branch. 4. Sec. Kilman, Johnny and George Costello (Eds). (Feb. 15, 1876. 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. JURISDICTION OF DISTRICT COURTS. Sec. Amended Aug. 11, 1891, Nov. 4, 1958, and Nov. 6, 2001.) (d) Notwithstanding Section 1, Article II, of this constitution and any other provision of this constitution, if the supreme court does not act on a motion for rehearing before the 180th day after the date on which the motion is filed, the motion is denied. 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. Congress may regulate the manner in which proof of such acts, records or proceedings may be admitted. (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. (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. Sec. 10, "Hence it is that such democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property; and have in general been as short in their lives as they have been violent in their deaths.". 14 repealed Nov. 5, 1985; current Sec. CREATION, OPERATION, AND DISSOLUTION OF HOSPITAL DISTRICTS. 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. 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. And it was final. Texas utilizes a "plural executive" which means the power of the Governor are limited and distributed amongst other executive officials. The Court of Appeals may sit in sections as authorized by law. 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. 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. 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." TERM OF OFFICE OF JUDGES OF COUNTY-WIDE COURTS AND OF CRIMINAL DISTRICT ATTORNEYS. PARTICIPATION OF MUNICIPALITIES AND OTHER POLITICAL SUBDIVISIONS IN ESTABLISHMENT AND OPERATION OF MENTAL HEALTH, MENTAL RETARDATION, OR PUBLIC HEALTH SERVICES. JUDICIAL DISTRICTS; DISTRICT JUDGES; TERMS OR SESSIONS; ABSENCE, DISABILITY, OR DISQUALIFICATION OF DISTRICT JUDGE. (11) The Supreme Court shall by rule provide for the procedure before the Commission, Masters, review tribunal, and the Supreme Court. (f) Nov. 6, 2001; Subsec. It also forbids the creation of new states from parts of existing states without the consent of the affected states and Congress. (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. Sec. Would this warranty be as important an evaluative criterion today as it was a decade ago? 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. 11. (TEMPORARY TRANSITION PROVISION for Sec. No judge shall sit in any case wherein the judge may be interested, or where either of the parties may be connected with the judge, either by affinity or consanguinity, within such a degree as may be prescribed by law, or when the judge shall have been counsel in the case. (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. COUNTY ATTORNEYS; DISTRICT ATTORNEYS. Sec. (Feb. 15, 1876. Sec. Sec. Grand juries empaneled in the District Courts shall inquire into misdemeanors, and all indictments therefor returned into the District Courts shall forthwith be certified to the County Courts or other inferior courts, having jurisdiction to try them for trial; and if such indictment be quashed in the County, or other inferior court, the person charged, shall not be discharged if there is probable cause of guilt, but may be held by such court or magistrate to answer an information or affidavit. The County Court shall hold terms as provided by law. we recommend you use our site map for navigation, table of constitutional amendments since 1876, Please take our patron satisfaction survey. Amended Nov. 2, 1999.) (h) added Nov. 5, 2002.) 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 . (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. The bonds may not be issued or such tax be levied until approved by such voters. Therefore, under the Territorial clause, Congress had the power to determine which parts of the Constitution applied to the territories. More information on the Constitution of the State of Texas (1876) may be found at the Texas Constitutions 1824-1876 project of the Tarlton Law Library, Jamail Center for Legal Research at the University of Texas School of Law, the University of Texas at Austin. Since 1876, the legislature has proposed hundreds of amendments, the majority of which have been adopted by voters. (TEMPORARY TRANSITION PROVISIONS for Sec. 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. (TEMPORARY TRANSITION PROVISION for Sec. Hi, it looks like JavaScript has been disabled in your browser. 5a. COUNTY COURTS: JURISDICTION; COUNTY JUDGE POWERS; DISQUALIFICATION OF COUNTY JUDGE. 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. 4 of Comanche County, Texas. HOSPITAL DISTRICTS: REGULATION OF HEALTH CARE SERVICES. 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. The Legislative Reference Library has a constitutional amendment search and the Texas Legislative Council offers a table of constitutional amendments since 1876 [PDF]. 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 Alabamas). 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. Clause One of Section 2 requires interstate protection of "privileges and immunities". COUNTY COURT; COUNTY JUDGE. CLERKS OF APPELLATE COURTS. The ______________ model of leadership emphasizes that leaders have different sorts of relationships with different employees. 6: See Appendix, Note 3.). (d) The reapportionment powers of the board shall be exercised in the interims between regular sessions of the legislature, except that a reapportionment may not be ordered by the board during an interim immediately following a regular session of the legislature in which a valid and subsisting statewide apportionment of judicial districts is enacted by the legislature. 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. 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. (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. 3-c. The Luther v. Borden ruling left the responsibility to establish guidelines for the republican nature of state governments in the hands of the Congress. (c) Should the Legislature enact enabling laws in anticipation of the adoption of this amendment, such Acts shall not be invalid because of their anticipatory character. Amended Nov. 7, 1978, and Nov. 5, 1985.). OFFICERS CONSTITUTING EXECUTIVE DEPARTMENT. To put restrictions on the power of government in the body of the document, making it difficult to change over time. The Legislature may establish such other courts as it may deem necessary and prescribe the jurisdiction and organization thereof, and may conform the jurisdiction of the district and other inferior courts thereto. (Feb. 15, 1876. (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. EXECUTIVE DEPARTMENT Sec. 28: See Appendix, Note 3.). 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