article 4 of the texas constitution creates quizlet
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. Texas utilizes a plural executive which means the power of the Governor is limited and distributed amongst other government officials.In other words, there is not one government official in Texas that is solely responsible for the Texas Executive Branch. Registered voters vote on approval. (Added Nov. 4, 1958; Subsecs. 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. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. (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. Pierce Butler and Charles Pinckney, both from South Carolina, submitted this clause to the Constitutional Convention. On this Wikipedia the language links are at the top of the page across from the article title. The Executive Department of the State shall consist of a Governor, who shall be the Chief Executive Officer of the State, a Lieutenant Governor, Secretary of State, Comptroller of Public Accounts, Commissioner of the General Land Office, and Attorney General. 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. Except where otherwise noted, content on this site is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 License. (a) The supreme court and the court of criminal appeals have jurisdiction to answer questions of state law certified from a federal appellate court. SUPREME COURT; JUSTICES. 12: See Appendix, Note 1.). Revision and Adaptation. (TEMPORARY TRANSITION PROVISION for Sec. They differed from provisions in the 1827 Constitution of Coahuila y Tejas. Sec. C. The law relating to the removal, discipline, suspension, or censure of a Justice or Judge of the courts established by this Constitution or created by the Legislature as provided in this Constitution applies to a master or magistrate appointed as provided by law to serve a trial court of this State and to a retired or former Judge who continues as a judicial officer subject to an assignment to sit on a court of this State. 1. 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 Dollar ($100) valuation, and no election shall be required by subsequent changes in the boundaries of the Commissioners Precinct No. Sec. 29. No county shall have less than one (1) member on the Board of Directors. 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. Sec. The state constitution establishes the structure and purpose of the Texas government. However, in McElmoyle v. Cohen, 38 U.S. (13 Pet.) (TEMPORARY TRANSITION PROVISION for Sec. Discretionary review by the Court of Criminal Appeals is not a matter of right, but of sound judicial discretion. If, after formal hearing, or after considering the record and report of a Master, the Commission finds good cause therefor, it shall issue an order of public admonition, warning, reprimand, censure, or requirement that the person holding an office or position specified in Subsection (6) of this Section obtain additional training or education, or it shall recommend to a review tribunal the removal or retirement, as the case may be, of the person and shall thereupon file with the tribunal the entire record before the Commission. October 8, 2018. Amended Aug. 11, 1891, Nov. 8, 1949, Nov. 5, 1985, and Nov. 2, 2021.) The presentment of an indictment or information to a court invests the court with jurisdiction of the cause. The concurrence of a majority of the judges sitting in a section is necessary to decide a case. 13. 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. (e) The office of Constable is abolished in Mills County, Reagan County, and Roberts County. Each Court of Appeals shall designate one of its members for inclusion in the list from which the selection is made. 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. (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 County Court shall hold at least four terms for both civil and criminal business annually, as may be provided by the Legislature, or by the Commissioners Court of the county under authority of law, and such other terms each year as may be fixed by the Commissioners Court; provided, the Commissioners Court of any county having fixed the times and number of terms of the County Court, shall not change the same again until the expiration of one year. The Fugitive Slave Clause requires the return of fugitive slaves; this clause has not been repealed, but it was rendered moot by the Thirteenth Amendment, which abolished slavery, except in the prison system. (2) prescribe a reasonable period, which may not exceed 45 days, after the provision of that notice during which the court may not enter a judgment holding the statute unconstitutional. Sec. Judicial districts smaller in size than the entire county may be created subsequent to a general election where a majority of the persons voting on the proposition adopt the proposition "to allow the division of ___________ County into judicial districts composed of parts of ___________ County." IX, Nov. 6, 2001.) Counties of a less area than nine hundred, but of seven hundred or more square miles, within counties now existing, may be created by a two-thirds vote of each House of the Legislature, taken by yeas and nays and entered on the journals. The current constitution is the seventh in Texas history. (a) amended Nov. 5, 1985, Nov. 3, 1987, and Nov. 7, 1995; Subsecs. In case of vacancy the Commissioners Court of the county shall have the power to appoint a County Attorney until the next general election. SHERIFFS. (g) Any such Authority when created may be granted the power and authority to promulgate, adopt and enforce appropriate zoning regulations to protect the airport from hazards and obstructions which would interfere with the use of the airport and its facilities for landing and take-off. When the judge of the County Court is disqualified in any case pending in the County Court the parties interested may, by consent, appoint a proper person to try said case, or upon their failing to do so a competent person may be appointed to try the same in the county where it is pending in such manner as may be prescribed by law. 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. However, the Commission may issue a public statement through its executive director or its Chairman at any time during any of its proceedings under this Section when sources other than the Commission cause notoriety concerning a Judge or the Commission itself and the Commission determines that the best interests of a Judge or of the public will be served by issuing the statement. In 1912, Luther was reaffirmed in Pacific States Telephone and Telegraph Co. v. The Court of Criminal Appeals may appoint Commissioners in aid of the Court of Criminal Appeals as provided by law. 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. Sec. ", List of U.S. states by date of admission to the Union, Pacific States Telephone and Telegraph Co. v. Oregon, List of states and territories of the United States, "Common Interpretation: The Admissions Clause", "Essays on Article IV: New States Clause", "Federal Land Ownership: Overview and Data", "Essays on Article VII: Ratification Clause". Sec. When, pending the trial of any case, one or more jurors not exceeding three, may die, or be disabled from sitting, the remainder of the jury shall have the power to render the verdict; provided, that the Legislature may change or modify the rule authorizing less than the whole number of the jury to render a verdict. [21], The doctrine was later limited in Baker v. Carr (1962), which held that the lack of state legislative redistricting to be justiciable.[21]. 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. [21] The utility company claimed that the use of referendums, as a form of direct democracy, violated the republican form of government clause, which permits only a representative democracy. [21] The court rejected the challenge, finding the challenge to have presented a nonjusticiable political question that only Congress can resolve. Article IV addresses something different: the states' relations with each other, sometimes called "horizontal federalism." Its first section, the Full Faith and Credit Clause, requires every state, as part of a single nation, to give a certain measure of respect to every other state's laws and institutions. (8) amended Nov. 5, 2013; Subsec. 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. Bicameral legislature with a House of Representatives and a Senate. This article makes a personal income tax unlikely in Texas because: registered voters in the state must approve a personal income tax. County Courts in existence on the effective date of this amendment are continued unless otherwise provided by law. The Legislature shall provide for the payment of the necessary expense for the operation of the Commission. [8], At the 1787 Constitutional Convention, a proposal to include the phrase, "new States shall be admitted on the same terms with the original States", was defeated. 9B. Most other benefits were held not to be protected privileges and immunities. In Luther v. Borden,[19] the Court held that the determination of whether a state government is a legitimate republican form as guaranteed by the Constitution is a political question to be resolved by the Congress. Thus the Congress, utilizing the discretion allowed by the framers, adopted a policy of equal status for all newly admitted states. 2: See Appendix, Note 1.). Sec. (TEMPORARY TRANSITION PROVISION for Sec. 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. b. (TEMPORARY TRANSITION PROVISION for Sec. 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). No more than one (1) such election may be called in a county until after the expiration of one (1) year in the event such an election has failed, and thereafter only upon a petition of ten per cent (10%) of the qualified voters being presented to the Commissioners Court or Commissioners Courts of the county or counties in which such an election has failed. 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. 11: See Appendix, Note 3.). 28: See Appendix, Note 3.). (Feb. 15, 1876. (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. (Feb. 15, 1876. 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. Attorney until the next general election of this amendment are continued article 4 of the texas constitution creates quizlet provided! Under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 License registered voters in the state approve... A ) amended Nov. 5, 2013 ; Subsec of right, but of sound judicial discretion information to Court! The necessary expense for the operation of the County shall have the to. ( a ) amended Nov. 5, 2013 ; Subsec the payment the! 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