In Corfield v. Coryell, 6 F. Cas. 10. Amended Aug. 11, 1891, Nov. 4, 1958, and Nov. 6, 2001.) That phrase incorporates all acts prohibited by the laws of a state, including misdemeanors and small, or petty, offenses. 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. Sec. The Legislature may provide for the election of District Attorneys in such districts, as may be deemed necessary, and make provision for the compensation of District Attorneys and County Attorneys. Therefore, under the Territorial clause, Congress had the power to determine which parts of the Constitution applied to the territories. (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. (a) amended Nov. 2, 1999.) (Feb. 15, 1876. Plan Your Visit to the National Archives Museum, Browse Revolutionary Era Classroom Activities. Sec. 8: See Appendix, Note 1.). (a) The supreme court and the court of criminal appeals have jurisdiction to answer questions of state law certified from a federal appellate court. The review tribunal, in an order for involuntary retirement for disability or an order for removal, may prohibit such person from holding judicial office in the future. 14 repealed Nov. 5, 1985; current Sec. (5) during the time required by Subdivision (4) of this subsection has not had the person's license to practice law revoked, suspended, or subject to a probated suspension. 16. For instance the Supreme Court struck down a provision which limited the jurisdiction of the state of Alabama over navigable waters within the state. (c) A majority of the total membership of the board constitutes a quorum for the transaction of business. (c) The Legislature shall provide for the holding of an election in each county proposing the creation of an Authority to be called by the Commissioners Court or Commissioners Courts, as the case may be, upon petition of five per cent (5%) of the qualified voters within the county or counties. 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. (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. 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 co-extensive 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. [21], The doctrine was later limited in Baker v. Carr (1962), which held that the lack of state legislative redistricting to be justiciable.[21]. (TEMPORARY TRANSITION PROVISIONS for Sec. The current governor is Greg Abbott, who took office in 2015. 27: See Appendix, Note 3.). Amended Aug. 11, 1891, and Nov. 5, 1985.). 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. The Property Clause grants Congress the power to make laws for the territories and other federal lands. Said court shall dispose of probate business either in term time or vacation, under such regulation as may be prescribed by law. The accused cannot defend himself against the charges in the extraditing state; the fugitive must do so in the state receiving him. 3a: See Appendix, Note 3.). CREATION AND FUNDING OF HOSPITAL DISTRICTS IN OCHILTREE, CASTRO, HANSFORD, AND HOPKINS COUNTIES. The Legislative Reference Library has a constitutional amendment search and the Texas Legislative Council offers a table of constitutional amendments since 1876 [PDF]. ), (TEMPORARY TRANSITION PROVISIONS for Sec. b. A political crisis in 1840s Rhode Island, the Dorr Rebellion, forced the Supreme Court to rule on the meaning of this clause. Notwithstanding the population requirements of this subsection, Chambers County and Randall County, from time to time, for the convenience of the people, shall be divided into not less than two and not more than six precincts. It also empowers Congress to admit new states and administer the territories and other federal lands. (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 Dennison decision was overruled by Puerto Rico v. Branstad (1987); now, the federal courts may require the extradition of fugitives. TERM OF OFFICE OF JUDGES OF COUNTY-WIDE COURTS AND OF CRIMINAL DISTRICT ATTORNEYS. LEGAL CHALLENGES TO CONSTITUTIONALITY OF STATE STATUTES. 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. (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. Sec. 20. (a) The state shall be divided into courts of appeals districts, with each district having a Chief Justice, two or more other Justices, and such other officials as may be provided by law. Anna M. Tinsley. 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. (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. 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. Sec. (Feb. 15, 1876. 5: See Appendix, Note 3.). (c) Said Justices shall be elected (three of them each two years) by the qualified voters of the state at a general election; shall hold their offices six years; and shall each receive such compensation as shall be provided by law. (TEMPORARY TRANSITION PROVISION for Sec. Notwithstanding Section 1, Article II, of this constitution, the legislature may: (1) require a court in which a party to litigation files a petition, motion, or other pleading challenging the constitutionality of a statute of this state to provide notice to the attorney general of the challenge if the party raising the challenge notifies the court that the party is challenging the constitutionality of the statute; and. 4 OF COMANCHE COUNTY. 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. Commissioners of classes (i), (ii), (vii), and (viii) above shall be chosen by the Supreme Court with advice and consent of the Senate, those of class (iii) by the Board of Directors of the State Bar under regulations to be prescribed by the Supreme Court with advice and consent of the Senate, those of class (iv) by appointment of the Governor with advice and consent of the Senate, and the commissioners of classes (v) and (vi) by appointment of the Supreme Court as provided by law, with the advice and consent of the Senate. 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. (13) This Section 1-a is alternative to and cumulative of, the methods of removal of persons holding an office named in Paragraph A of Subsection (6) of this Section provided elsewhere in this Constitution. 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], The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.[13]. 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). (a) amended Nov. 2, 1999; Subsec. (f) The Legislature by general law may prescribe the qualifications of constables. 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 . 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. Texas voters later decide whether to adopt the proposed amendments. 23. IX, Nov. 6, 2001.) (f) In addition to the statewide reapportionment, the board may reapportion the judicial districts of the state as the necessity for reapportionment appears by redesignating, in one or more reapportionment orders, the county or counties that comprise the specific judicial districts affected by those reapportionment orders. The records of an office of constable declared dormant are transferred to the county clerk of the county. (Feb. 15, 1876. 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. 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. CLERKS OF APPELLATE COURTS. (Feb. 15, 1876. 29: See Appendix, Note 3.). (Added Nov. 6, 2001.) Find out from TexPlainer at the Texas Tribune. The County Court shall hold terms as provided by law. Sec. The Legislature shall provide for the payment of the necessary expense for the operation of the Commission. 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. The legislature shall set the maximum tax rate a district may levy. 19. 2. 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. 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. The Constitution of the United States contains a preamble and seven articles that describe the way the government is structured and how it operates. 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. To pass requirements made by the so-called Radical Republicans in the US Congress. Article Four also requires the United States to protect each state from invasion, and, at the request of a state, from "domestic violence.". (Feb. 15, 1876. (TEMPORARY TRANSITION PROVISION for Sec. The doctrine, however, can also be applied to the detriment of states, as occurred with Texas. (TEMPORARY TRANSITION PROVISION for Sec. 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. What were the goals of the authors of the present Texas Constitution? 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. DISQUALIFICATION OF JUDGES; EXCHANGE OF DISTRICTS; HOLDING COURT FOR OTHER JUDGES. 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. Why were the protections for slavery that were included in the Constitution of 1836 noteworthy? 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. How are we doing? However, on the next day the clause was quietly reinstated and adopted by the Convention without objection. Grand and petit juries in the District Courts shall be composed of twelve persons, except that petit juries in a criminal case below the grade of felony shall be composed of six persons; but nine members of a grand jury shall be a quorum to transact business and present bills. (Feb. 15, 1876. Why is some risk not diversifiable? October 8, 2018. 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. The concurrence of a majority of the judges sitting in a section is necessary to decide a case. [7] It would later be applied with regard to the formation of Maine (from Massachusetts) and West Virginia (from Virginia). (TEMPORARY TRANSITION PROVISION for Sec. Article 8 of the Texas Constitution deals with taxation and revenue. Revision and Adaptation. A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime. 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. Except where otherwise noted, content on this site is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 License. Article II of the Texas Constitution consists of only a single section, with fewer than 100 words. The legislature by general or special law may provide for the creation, establishment, maintenance, and operation of hospital districts located wholly in a county with a population of 75,000 or less, according to the most recent federal decennial census, and may authorize the commissioners court to levy a tax on the ad valorem property located in the district for the support and maintenance of the district. 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. restrict the power of the government in order to keep any governor from being as powerful as Edmund J. Davis, who served under the Reconstruction Constitution of 1869. in Article 1 of the Constitution, demonstrating the authors' commitment to limiting the way political power is used to keep it from being abused. Justices of the peace shall be ex officio notaries public. And the District Judges may exchange districts, or hold courts for each other when they may deem it expedient, and shall do so when required by law. (b) The supreme court and the court of criminal appeals shall promulgate rules of procedure relating to the review of those questions. "The Rule of Law and the States: A New Interpretation of the Guarantee Clause. 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. Sec. reference to the US were replaced with references to the Confederacy. It was feared that the political power of future new western states would eventually overwhelm that of the established eastern states. The court shall have the power upon affidavit or otherwise to ascertain such matters of fact as may be necessary to the exercise of its jurisdiction. 11. By the end of this section, you will be able to: This section discussesthe Constitution of 1876s role in Texas. 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. 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. 28. HOSPITAL DISTRICTS IN COUNTIES WITH POPULATION OF 75,000 OR LESS. 14, Art. 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. 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. (TEMPORARY TRANSITION PROVISION for Sec. It also forbids the creation of new states from parts of existing states without the consent of the affected states and Congress. (f) Nov. 6, 2001.). 11: See Appendix, Note 3.). Amended Nov. 6, 2001, and Sept. 13, 2003.) No person held to service or labor 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 labor, but shall be delivered up on claim of the party to whom such service or labor may be due. 7a. The Constitution provides for the extradition of fugitives who have committed "treason, felony or other crime." 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. SHERIFFS. 1-a. Fort Worth Star-Telegram. Any Justice or Judge of the courts established by this Constitution or created by the Legislature as provided in Section 1, Article V, of this Constitution, may, subject to the other provisions hereof, be removed from office for willful or persistent violation of rules promulgated by the Supreme Court of Texas, incompetence in performing the duties of the office, willful violation of the Code of Judicial Conduct, or willful or persistent conduct that is clearly inconsistent with the proper performance of his duties or casts public discredit upon the judiciary or administration of justice. The review tribunal shall review the record of the proceedings on the law and facts and in its discretion may, for good cause shown, permit the introduction of additional evidence. The Legislature shall provide for transfer of title to properties to the District. 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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