(b) The appeal of all cases in which the death penalty has been assessed shall be to the Court of Criminal Appeals. (TEMPORARY TRANSITION PROVISIONS for Sec. 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. One of them brought suit in federal court, arguing that Rhode Island's government was not "republican" in character, and that his arrest (along with all of the government's other acts) was invalid. 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. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. TERM OF OFFICE OF JUDGES OF COUNTY-WIDE COURTS AND OF CRIMINAL DISTRICT ATTORNEYS. (a), (c), and (e) amended Nov. 2, 1999.) 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]. 9: See Appendix, Note 1.). Sec. (TEMPORARY TRANSITION PROVISION for Sec. The project includes digitized images and searchable text versions of the constitutions. The legislature may provide for the effect of a reapportionment made by the board on pending cases or the transfer of pending cases, for jurisdiction of a county court where county court jurisdiction has been vested by law in a district court affected by the reapportionment, for terms of the courts upon existing officers and their duties, and for all other matters affected by the reapportionment. He is survived by many relatives-a spouse, children, adopted children, sisters, brothers, uncles, aunts, cousins, nephews, and nieces. They seized the opportunity to undo the hated 1869 acts. 11. (Added Aug. 14, 1883; amended Nov. 6, 2001.) 5b: See Appendix, Note 3.). DISQUALIFICATION OF JUDGES; EXCHANGE OF DISTRICTS; HOLDING COURT FOR OTHER JUDGES. Sec. 1. 7a. 29. 8. (a) The Judicial Districts Board is created to reapportion the judicial districts authorized by Article V, Section 7, of this constitution. 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. Nothing in this amendment shall increase the rights of any riparian or littoral landowner with regard to beaches available to the public by virtue of public right or submerged lands. The Admissions Clause grants Congress the authority to admit new states, but forbids the creation of new states from parts of existing states without the consent of the affected states. (Former Sec. The Legislature shall have the power to provide by law, for an appeal direct to the Supreme Court of this State from an order of any trial court granting or denying an interlocutory or permanent injunction on the grounds of the constitutionality or unconstitutionality of any statute of this State, or on the validity or invalidity of any administrative order issued by any state agency under any statute of this State. The elections must be held on the same day if more than one county is included. 17. The Legislature shall provide for transfer of title to properties to the District. Until otherwise provided, the terms of the County Court shall be held on the first Mondays in February, May, August and November, and may remain in session three weeks. The state legislature can propose amendments to the constitution. 17: See Appendix, Note 3.). JURISDICTION OF DISTRICT COURTS. 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. (b) The legislature shall enact laws to exclude from serving on juries persons who have been convicted of bribery, perjury, forgery, or other high crimes. The legislature shall set the maximum tax rate a district may levy. 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. On this Wikipedia the language links are at the top of the page across from the article title. No redistricting plan may be proposed or adopted by the legislature, the Judicial Districts Board, or the Legislative Redistricting Board in anticipation of a future action by the voters of any county. County court judges shall have the power to issue writs necessary to enforce their jurisdiction. 11: See Appendix, Note 1.). The Court of Appeals may sit in sections as authorized by law. 2. (e) and (f) added Nov. 7, 1995; Subsec. (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. The ______________ model of leadership emphasizes that leaders have different sorts of relationships with different employees. 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. Amended Aug. 11, 1891, Nov. 8, 1949, Nov. 5, 1985, and Nov. 2, 2021.) [7] With the growth of states' rights advocacy during the antebellum period, the Supreme Court asserted, in Lessee of Pollard v. Hagan (1845),[9] that the Constitution mandated admission of new states on the basis of equality.[10]. (b) The Legislature may by law permit the County of Comanche 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 Dollar ($100) valuation (in addition to other taxes permitted by this Constitution) upon all property within the County but without the County Commissioners Precinct No. (TEMPORARY TRANSITION PROVISION for Sec. Justices of the peace shall be ex officio notaries public. (Added Nov. 2, 1954; amended Nov. 2, 1999.) [17] By ensuring that all states must have the same basic republican philosophy, the Guarantee Clause is one of several portions of the Constitution which mandates symmetric federalism between the states. Sec. 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. In the event of such acquisition, if there are any general obligation bonds that the owner of the publicly owned airport facility has outstanding, the same shall be fully assumed by the Authority and sufficient taxes levied by the Authority to discharge said outstanding indebtedness. 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. The governor is the leader of the executive and legislative branch of the state government and is the commander in chief of the Texas Military. (11) The Supreme Court shall by rule provide for the procedure before the Commission, Masters, review tribunal, and the Supreme Court. Amended Aug. 11, 1891, Nov. 8, 1966, Nov. 8, 1977, and Nov. 6, 2001.) (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. 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. ARTICLE 4. a. (TEMPORARY TRANSITION PROVISIONS for Sec. In trials of civil cases in the District Courts, nine members of the jury, concurring, may render a verdict, but when the verdict shall be rendered by less than the whole number, it shall be signed by every member of the jury concurring in it. Copyright 2023 by the Texas State Law Library. TRIAL BY JURY IN CIVIL CASES. In the trial of all causes in the district courts, the plaintiff or defendant shall, upon application made in open court, have the right of trial by jury; but no jury shall be empaneled in any civil case unless demanded by a party to the case, and a jury fee be paid by the party demanding a jury, for such sum, and with such exceptions as may be prescribed by the Legislature. 9A. 28: See Appendix, Note 3.). The Justices shall have the qualifications prescribed for Justices of the Supreme Court. 30. 14, Art. 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. 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. COURTS OF APPEALS; JUSTICES; JURISDICTION. 18: See Appendix, Note 3.). VACANCY IN JUDICIAL OFFICE. 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. The Full Faith and Credit Clause requires states to extend "full faith and credit" to the public acts, records and court proceedings of other states. (TEMPORARY TRANSITION PROVISIONS for Sec. 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. 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. Article 4 of the Texas Constitution creates a plural executive, stating that there are ___ distinct offices in the executive branch. (Added Nov. 2, 1948; Subsecs. 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. COURT OF CRIMINAL APPEALS; JUDGES. (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. (a) The Supreme Court shall consist of the Chief Justice and eight Justices, any five of whom shall constitute a quorum, and the concurrence of five shall be necessary to a decision of a case; provided, that when the business of the court may require, the court may sit in sections as designated by the court to hear argument of causes and to consider applications for writs of error or other preliminary matters. (6) A. 31. In case of vacancy the Commissioners Court of the county shall have the power to appoint a County Attorney until the next general election. The district may provide hospital care, medical care, and other services authorized by the legislature. These rulings have helped shape public opinion among Puerto Ricans during the ongoing debate over the commonwealth's political status. 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. Sec. District Attorneys shall hold office for a term of four years, and until their successors have qualified. The court must sit en banc during proceedings involving capital punishment and other cases as required by law. What were the goals of the authors of the present Texas Constitution? 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. Sec. (1) amended Nov. 6, 2007; Subsec. (13-a) The Commission may accept complaints or reports, conduct investigations, and take any other action authorized by this section with respect to a candidate for an office named in Subsection (6)(A) of this section in the same manner the Commission is authorized to take those actions with respect to a person holding that office. (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. The Fugitive Slave Act of 1793 created the mechanism for recovering a fugitive slave, overruled any state laws giving sanctuary, made it a federal crime to assist an escaped slave, and allowed slave-catchers into every U.S. state and territory. 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. JURISDICTION OF SUPREME COURT. 3-b. If 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. Sec. However, the Supreme Court, in Texas v. White (1869), held that a state cannot unilaterally do so. Sec. (TEMPORARY TRANSITION PROVISION for Sec. 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. JUROR QUALIFICATIONS. As James Madison wrote in Federalist No. 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. SHERIFFS. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote. Instead, by entering the Union, Texas was found to have surrendered control over the water and the soil under it to Congress. The first section requires states to extend "full faith and credit" to the public acts, records and court proceedings of other states. While the Supreme Court's holding in Luther v. Borden still holds today, the Court, by looking to the Equal Protection Clause of the Fourteenth Amendment (adopted 19 years after Luther v. Borden was decided), has developed new criteria for determining which questions are political in nature and which are justiciable. Sec. 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. Ralph dies without having made a will. Why were the protections for slavery that were included in the Constitution of 1836 noteworthy? And it was final. The Court held. It was feared that the political power of future new western states would eventually overwhelm that of the established eastern states. (5) reside in the district during the judge's term of office. 5b. 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. Each Court of Appeals shall designate one of its members for inclusion in the list from which the selection is made. Under the equal footing doctrine, however, Texas was found not to have control over the three-mile belt after admission into the Union, because the original states did not at the time of joining the union control such waters. (2) and (5) amended Nov. 8, 2005; Subsec. JUDGES TO BE CONSERVATORS OF THE PEACE; INDICTMENTS AND INFORMATION. 1-a. Hi, it looks like JavaScript has been disabled in your browser. Article I, Section 2, provides that "the faith of the people of Texas government" Article III, Sections 3 and 4, provide respectively that Senators and Representatives shall be chosen by the qualified electors. [15], Pursuant to a parallel clause in Article One, Section Eight, the Supreme Court has held that states may not tax such federal property. Sec. (Feb. 15, 1876. 1. This tax is in addition to any other tax authorized by this constitution. (g) (Redesignated as Subsec. Amended Aug. 11, 1891, Aug. 25, 1945, Nov. 4, 1980, and Nov. 6, 2001; Subsec. (d) The Legislature shall provide for the appointment by the Board of Directors of an Assessor and Collector of Taxes in the Authority, whether constituted of one or more counties, whose duty it shall be to assess all taxable property, both real and personal, and collect the taxes thereon, based upon the tax rolls approved by the Board of Directors, the tax to be levied not to exceed Seventy-Five Cents (75) per One Hundred Dollars ($100) assessed valuation of the property. Sec. There was no place for reconsideration, or revocation, except through revolution, or through consent of the States. 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