(f) Nov. 6, 2001.). (a) The Supreme Court shall exercise the judicial power of the state except as otherwise provided in this Constitution. The board has other powers and duties as provided by the legislature and shall exercise its powers under the policies, rules, standards, and conditions, not inconsistent with this section, that the legislature provides. 17: See Appendix, Note 3.). 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. Sec. Sec. [15], Pursuant to a parallel clause in Article One, Section Eight, the Supreme Court has held that states may not tax such federal property. Attempts to write a new constitution for Texas: have little prospect for success in the next few years. A project created by ISKME. Fort Worth Star-Telegram. [21], The doctrine was later limited in Baker v. Carr (1962), which held that the lack of state legislative redistricting to be justiciable.[21]. 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. HOSPITAL DISTRICTS IN COUNTIES WITH POPULATION OF 75,000 OR LESS. Sec. e. Article Four of the United States Constitution outlines the relationship between the various states, as well as the relationship between each state and the United States federal government. 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. SUPREME COURT; JUSTICES. He shall receive as compensation for his services such fees and perquisites as may be prescribed by law. 11: See Appendix, Note 1.). Sec. It also details the mechanism by which new states are permitted to enter the nation and the federal government's obligation to maintain law and order in the event of an "invasion" or other breakdown of a peaceful union. (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. 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. Since 1876, the legislature has proposed hundreds of amendments, the majority of which have been adopted by voters. (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. ___ that was previously declared dormant." (Feb. 15, 1876. 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. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. GRAND AND PETIT JURIES IN DISTRICT COURTS: COMPOSITION AND VERDICT. The Legislature shall have power by General or Special Laws to make such provisions concerning the terms or sessions of each District Court as it may deem necessary. [20] In Pacific States, a utility company challenged an Oregon tax law passed by a referendum, as opposed to the ordinary legislative process. A major issue early in the 20th century was whether the whole Constitution applied to the territories called insular areas by Congress. 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 . 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). 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. USA.gov, The U.S. National Archives and Records Administration [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. The current governor is Greg Abbott, who took office in 2015. The Legislature may by general or special law provide for the creation, establishment, maintenance and operation of hospital districts composed of one or more counties or all or any part of one or more counties with power to issue bonds for the purchase, construction, acquisition, repair or renovation of buildings and improvements and equipping same, for hospital purposes; providing for the transfer to the hospital district of the title to any land, buildings, improvements and equipment located wholly within the district which may be jointly or separately owned by any city, town or county, providing that any district so created shall assume full responsibility for providing medical and hospital care for its needy inhabitants and assume the outstanding indebtedness incurred by cities, towns and counties for hospital purposes prior to the creation of the district, if same are located wholly within its boundaries, and a pro rata portion of such indebtedness based upon the then last approved tax assessment rolls of the included cities, towns and counties if less than all the territory thereof is included within the district boundaries; providing that after its creation no other municipality or political subdivision shall have the power to levy taxes or issue bonds or other obligations for hospital purposes or for providing medical care within the boundaries of the district; providing for the levy of annual taxes at a rate not to exceed seventy-five cents (75) on the One Hundred Dollar valuation of all taxable property within such district for the purpose of meeting the requirements of the district's bonds, the indebtedness assumed by it and its maintenance and operating expenses, providing that such district shall not be created or such tax authorized unless approved by a majority of the qualified voters thereof voting at an election called for the purpose; and providing further that the support and maintenance of the district's hospital system shall never become a charge against or obligation of the State of Texas nor shall any direct appropriation be made by the Legislature for the construction, maintenance or improvement of any of the facilities of such district. (Feb. 15, 1876. The Legislature shall pass laws regulating the manner of removing county seats, but no county seat situated within five miles of the geographical centre of the county shall be removed, except by a vote of two-thirds of all the voters voting on the subject. 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. [7] It would later be applied with regard to the formation of Maine (from Massachusetts) and West Virginia (from Virginia). (b) A vacancy in the office of County Judge or Justice of the Peace shall be filled by the Commissioners Court until the next succeeding General Election. There was no place for reconsideration, or revocation, except through revolution, or through consent of the States. c. Why is some risk diversifiable? (g) (Redesignated as Subsec. The Justices shall have the qualifications prescribed for Justices of the Supreme Court. The district may provide hospital care, medical care, and other services authorized by the legislature. This article makes a personal income tax unlikely in Texas because: registered voters in the state must approve a personal income tax. The Extradition Clause requires that fugitives from justice be extradited on the demand of executive authority of the state from which they flee. (TEMPORARY TRANSITION PROVISIONS for Sec. JUDICIAL DISTRICTS; DISTRICT JUDGES; TERMS OR SESSIONS; ABSENCE, DISABILITY, OR DISQUALIFICATION OF DISTRICT JUDGE. (TEMPORARY PROVISION for Sec. JURISDICTION OF SUPREME COURT. 12. The motives of the governor demanding the extradition may not be questioned. 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." 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. 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. 1-A. (Added Nov. 2, 1954; amended Nov. 2, 1999.) Sec. 12. 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. 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. (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. 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. The case prohibited the entering upon the public lands of the United States and removing wild burros under the New Mexico Estray Law.[16]. 20. (Feb. 15, 1876. (e) and (f) added Nov. 7, 1995; Subsec. TRIAL BY JURY IN CIVIL CASES. 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. 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. Clause Two requires that fugitives from justice may be extradited on the demand of executive authority of the state from which they fled. 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. The Legislature shall pass laws regulating the manner of removing county seats, but no county seat situated within five miles of the geographical centre of the county shall be removed, except by a vote of two-thirds of all the voters voting on the subject. However, the Supreme Court, in Texas v. White (1869), held that a state cannot unilaterally do so. Article 8 of the Texas Constitution deals with taxation and revenue. 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. The Guarantee Clause mandates that all U.S. states must be grounded in republican principles such as the consent of the governed. COURT OF CRIMINAL APPEALS; JUDGES. COURTS OF APPEALS; JUSTICES; JURISDICTION. Amended Aug. 11, 1891, Nov. 7, 1978, Nov. 4, 1980, Nov. 5, 1985, and Nov. 6, 2001.) COUNTY FACILITIES FOR INDIGENT INHABITANTS. (b) An indictment is a written instrument presented to a court by a grand jury charging a person with the commission of an offense. (i) The legislature, the Judicial Districts Board, or the Legislative Redistricting Board may not redistrict the judicial districts to provide for any judicial district smaller in size than an entire county except as provided by this section. (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. A majority of such voters, however, voting at such election, may remove a county seat from a point more than five miles from the geographical centre of the county to a point within five miles of such centre, in either case the centre to be determined by a certificate from the Commissioner of the General Land Office. XVI, amended to redesignate as Sec. 1-86-NARA-NARA or 1-866-272-6272, Browse Teaching Resources for the Revolutionary Era. The presentment of an indictment or information to a court invests the court with jurisdiction of the cause. 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. Create a standalone learning module, lesson, assignment, assessment or activity, Submit OER from the web for review by our librarians, Please log in to save materials. (Added Nov. 6, 1962; amended Nov. 2, 1999.) [21] The court rejected the challenge, finding the challenge to have presented a nonjusticiable political question that only Congress can resolve. Revision and Adaptation. This article makes a personal income tax unlikely in Texas because: registered voters in the state must approve a personal income tax. 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. 6: See Appendix, Note 1.). Should the Legislature enact legislation in anticipation of the adoption of this amendment, such legislation shall not be invalid by reason of its anticipatory character. (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. COUNTY COURT: TERMS, PROSECUTIONS, AND JURIES. (TEMPORARY TRANSITION PROVISION for Sec. Amended Nov. 2, 1954, and Nov. 2, 1999.) 14. Article Four also requires the United States to protect each state from invasion, and, at the request of a state, from "domestic violence.". 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. License: CC BY: Attribution. Each county in the State may provide, in such manner as may be prescribed by law, a Manual Labor Poor House and Farm, for taking care of, managing, employing and supplying the wants of its indigent and poor inhabitants. 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. (b) If any 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. 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. (b) The supreme court and the court of criminal appeals shall promulgate rules of procedure relating to the review of those questions. 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. Not unilaterally do so the review of those questions a nonjusticiable political question that only Congress can resolve can unilaterally. The Texas Constitution deals with taxation and revenue Constitution deals with taxation and article 4 of the texas constitution creates quizlet do so information. 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