Nashwan Building, Mankhool Road, Bur Dubai.
Its jurisdiction shall be coextensive with the limits of the State and its determinations shall be final except in criminal law matters. The Supreme Court, after considering the record of such appearance and the recommendation of the Commission, may suspend the person from office with or without pay, pending final disposition of the charge. 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). Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. CREATION AND FUNDING OF HOSPITAL DISTRICTS IN CITY OF AMARILLO, WICHITA COUNTY, AND JEFFERSON COUNTY. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. (a) amended Nov. 2, 1999.) An amendment is a change to the Constitution. 28: See Appendix, Note 3.). The Legislature may also provide for the dissolution of hospital districts provided that a process is afforded by statute for: (1) determining the desire of a majority of the qualified voters within the district to dissolve it; (2) disposing of or transferring the assets, if any, of the district; and. (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 Constitution does not explain what exactly constitutes a republican form of government. Table 2.2 Articles of the Texas Constitution of 1876, The Texas Constitution's Bill of Rights Similar civil liberties and civil rights as in the U.S. Constitutions Bill of Rights, Establishes three branches of government with separation of powers, Specifics about the Texas Judicial system, -any convicted felon who has not completed their sentence, or. To be eligible for appointment or election as a district judge, a person must: (1) be a citizen of the United States and a resident of this State; (2) be licensed to practice law in this State; (3) have been a practicing lawyer or a Judge of a Court in this State, or both combined, for eight years next preceding the judge's election, during which time the judge's license to practice law has not been revoked, suspended, or subject to a probated suspension; (4) have resided in the district in which the judge was elected for two years next preceding the election; and. 8. (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. "The Rule of Law and the States: A New Interpretation of the Guarantee Clause. Find out from TexPlainer at the Texas Tribune. The Texas Constitution maintained on this website is the official text of the constitution. 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. This power became an important part of Reconstruction after the American Civil War. Congressional restrictions on the equality of states, even when those limitations have been found in the acts of admission, have been held void by the Supreme Court. The legislature may provide that the county in which the district is located may issue general obligation bonds for the district and provide other services to the district. 15. 1. Texas State Library and Archives Commission.The 1870s: The Constitutional Convention of 1875, Revision and Adaptation. RETIREMENT, COMPENSATION, DISCIPLINE, AND REMOVAL OF JUSTICES AND JUDGES; STATE COMMISSION ON JUDICIAL CONDUCT. 5: See Appendix, Note 3.). (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. The County Attorneys shall represent the State in all cases in the District and inferior courts in their respective counties; but if any county shall be included in a district in which there shall be a District Attorney, the respective duties of District Attorneys and County Attorneys shall in such counties be regulated by the Legislature. (TEMPORARY TRANSITION PROVISION for Sec. USA.gov, The U.S. National Archives and Records Administration Sec. With a majority vote, the amendment is ratified. 8: See Appendix, Note 1.). 4 of Comanche County, Texas. 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. 14, Art. JURISDICTION OF JUSTICE OF THE PEACE COURTS; EX OFFICIO NOTARIES PUBLIC. The exact scope of this clause has long been a matter of debate. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. Clause Two requires that fugitives from justice may be extradited on the demand of executive authority of the state from which they fled. The Master shall have all the power of a District Judge in the enforcement of orders pertaining to witnesses, evidence, and procedure. 5: See Appendix, Note 1. To pass requirements made by the so-called Radical Republicans in the US Congress. 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. (b) The appeal of all cases in which the death penalty has been assessed shall be to the Court of Criminal Appeals. 18: See Appendix, Note 3.). 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 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. (5)-(9) and (11)-(13) amended Nov. 3, 1970; Subsecs. 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. 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. 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. However, on the next day the clause was quietly reinstated and adopted by the Convention without objection. In the event of a vacancy in the appointed membership, the vacancy is filled for the unexpired term in the same manner as the original appointment. (e) The office of Constable is abolished in Mills County, Reagan County, and Roberts County. This clause, sometimes referred to as the Guarantee Clause, has long been at the forefront of the debate about the rights of citizens vis--vis the government. EXECUTIVE DEPARTMENT Sec. 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. REMOVAL OF COUNTY OFFICERS. CREATION AND MODIFICATION OF COUNTIES. OFFICERS CONSTITUTING EXECUTIVE DEPARTMENT. (f) deleted, and Subsec. 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. The Court of Appeals may sit in sections as authorized by law. The act which consummated her admission into the Union was something more than a compact; it was the incorporation of a new member into the political body. (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. 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. Provided, however, that no district shall be created by special law except after thirty (30) days' public notice to the district affected, and in no event may the Legislature provide for a district to be created without the affirmative vote of a majority of the qualified voters in the district concerned. Sec. Known as the Constitution of 1869, the document remained controversial and the more radical provisions were not accepted by a large number of Texans. The Presiding Judge, under rules established by the court, shall convene the court en banc for the transaction of all other business and may convene the court en banc for the purpose of hearing cases. Bicameral legislature with a House of Representatives and a Senate. This disqualification of judges of inferior tribunals shall be remedied and vacancies in their offices filled as may be prescribed by law. (TEMPORARY TRANSITION PROVISIONS for Sec. Said courts shall have such other jurisdiction, original and appellate, as may be prescribed by law. (TEMPORARY TRANSITION PROVISIONS for Sec. (Feb. 15, 1876. 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 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. By the end of this section, you will be able to: This section discussesthe Constitution of 1876s role in Texas. 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. District Court judges shall have the power to issue writs necessary to enforce their jurisdiction. 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. COURT ADMINISTRATION AND RULE-MAKING AUTHORITY. 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. 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. If the Judicial Districts Board fails to make a statewide apportionment by that date, the Legislative Redistricting Board established by Article III, Section 28, of this constitution shall make a statewide reapportionment of the judicial districts not later than the 150th day after the final day for the Judicial Districts Board to make the reapportionment. This article makes a personal income tax unlikely in Texas because: registered voters in the state must approve a personal income tax. SUPREME COURT AND COURT OF CRIMINAL APPEALS: LOCATION AND TERM. In other words, there is no one government official who is solely responsible for the Texas Executive Branch. 19. (Feb. 15, 1876. reference to the US were replaced with references to the Confederacy. The Court and the Judges thereof shall have the power to issue such other writs as may be necessary to protect its jurisdiction or enforce its judgments. Article II of the Texas Constitution consists of only a single section, with fewer than 100 words. In case of vacancy, the Judge of the District Court shall have the power to appoint a Clerk, who shall hold until the office can be filled by election. October 8, 2018. Sec. 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. The project includes digitized images and searchable text versions of the constitutions. Amended Nov. 2, 1954; Subsecs. (1) amended Nov. 6, 2007; Subsec. When the Supreme Court, the Court of Criminal Appeals, the Court of Appeals, or any member of any of those courts shall be thus disqualified to hear and determine any case or cases in said court, the same shall be certified to the Governor of the State, who shall immediately commission the requisite number of persons learned in the law for the trial and determination of such cause or causes. In a series of opinions by the Supreme Court of the United States, referred to as the Insular Cases, the Court ruled that the territories belonged to, but were not part of the United States. (Feb. 15, 1876. Some contend that the clause requires Congress to treat all citizens equally. (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. The Legislature shall provide for transfer of title to properties to the District. Sec. Which idea is contained in both the US and Texas Constitutions? (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. [15], Pursuant to a parallel clause in Article One, Section Eight, the Supreme Court has held that states may not tax such federal property. Service on the tribunal shall be considered part of the official duties of a judge, and no additional compensation may be paid for such service. Amended Aug. 11, 1891, Nov. 8, 1966, Nov. 8, 1977, and Nov. 6, 2001.) Log in. The state legislature can propose amendments to the constitution. 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. 4: See Appendix, Note 1.). 5b: See Appendix, Note 3.). An Airport Authority may be created and be composed of the county or counties that vote in favor of its creation if separate propositions are submitted to the voters of each county so that they may vote for a two or more county Authority or a single county Authority. Upon an order for involuntary retirement for disability or an order for removal, the office in question shall become vacant. The structure of the current constitution of Texas (Constitution of 1876) is a Preamble, 17 Articles, and 491 Amendments (Since 2015) 3. Plan Your Visit to the National Archives Museum, Browse Revolutionary Era Classroom Activities. In Corfield v. Coryell, 6 F. Cas. (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. 9B. The Legislature may authorize the governing body of any county bordering on the Gulf of Mexico or the tidewater limits thereof to regulate and restrict the speed, parking and travel of motor vehicles on beaches available to the public by virtue of public right and the littering of such beaches. 5. Hi, it looks like JavaScript has been disabled in your browser. 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. 12: 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. The first three articles establish the three branches of government and their powers: Legislative (Congress), Executive (office of the President,) and Judicial (Federal court system). CLERKS OF APPELLATE COURTS. (a) The Judicial Districts Board is created to reapportion the judicial districts authorized by Article V, Section 7, of this constitution. County court judges shall have the power to issue writs necessary to enforce their jurisdiction. 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. (TEMPORARY TRANSITION PROVISIONS for Sec. Before admission to the Union, Texas, as an independent nation, controlled water within three miles of the coast, the normal limit for nations. In the event that two or more counties vote on the proposition of the creation of an Authority therein, the proposition shall not be deemed to carry unless the majority of the qualified voters in each county voting thereon vote in favor thereof. (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. (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. 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. (a) The Legislature may by law authorize the creation of a Hospital District to be co-extensive with the limits of County Commissioners Precinct No. CREATION AND FUNDING OF HOSPITAL DISTRICTS IN OCHILTREE, CASTRO, HANSFORD, AND HOPKINS COUNTIES. (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. (11) The Supreme Court shall by rule provide for the procedure before the Commission, Masters, review tribunal, and the Supreme Court. Article 4 of the Texas Constitution creates a plural executive, stating that there are ___ distinct offices in the executive branch. (Added Nov. 8, 1960; Subsec. On this Wikipedia the language links are at the top of the page across from the article title. (g) added Nov. 4, 1997; Subsec. (a) amended Nov. 5, 1985, Nov. 3, 1987, and Nov. 7, 1995; Subsecs. 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." Article 4 of the Texas Constitution describes the executive department (branch) of Texas. Article IV Section 1, creates several offices in the officers of the Executive Department (except Secretary of State) The Legislative Reference Library has a constitutional amendment search and the Texas Legislative Council offers a table of constitutional amendments since 1876 [PDF]. The Judges shall have the same qualifications and receive the same salaries as the Associate Justices of the Supreme Court, and the Presiding Judge shall have the same qualifications and receive the same salary as the Chief Justice of the Supreme Court. Sec. All the obligations of perpetual union, and all the guaranties of republican government in the Union, attached at once to the State. It also empowers Congress to admit new states and administer the territories and other federal lands. 4 OF COMANCHE COUNTY. If you would like to locate a library book, access the library catalog. (g) (Redesignated as Subsec. 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 bonds may not be issued or such tax be levied until approved by such voters. (Feb. 15, 1876. The Privileges and Immunities Clause requires interstate protection of "privileges and immunities," preventing each state from treating citizens of other states in a discriminatory manner. The Legislature shall provide for transfer of title to properties to the district. A quorum shall consist of seven (7) members. VACANCY IN JUDICIAL OFFICE. (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. 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 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. 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