article 4 of the texas constitution creates quizlet

(e) The Legislature shall also provide for the holding of District Court when the Judge thereof is absent, or is from any cause disabled or disqualified from presiding. EXECUTIVE DEPARTMENT Sec. Any county now existing may be reduced to an area of not less than seven hundred square miles by a like two-thirds vote. (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. QUESTIONS OF STATE LAW CERTIFIED FROM FEDERAL APPELLATE COURT. JUDICIAL DISTRICTS; DISTRICT JUDGES; TERMS OR SESSIONS; ABSENCE, DISABILITY, OR DISQUALIFICATION OF DISTRICT JUDGE. Article Four also requires the United States to protect each state from invasion, and, at the request of a state, from "domestic violence.". 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. 17: See Appendix, Note 3.). Within 90 days after the date on which the record is filed with the review tribunal, it shall order public censure, retirement or removal, as it finds just and proper, or wholly reject the recommendation. As free states sought to undermine the federal law, the even more severe Fugitive Slave Act of 1850 was enacted. Why were the protections for slavery that were included in the Constitution of 1836 noteworthy? (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 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. Why is some risk not diversifiable? Can you connect this to postpurchase dissonance? 21. 5b: See Appendix, Note 3.). Established the Permanent School Fund, Places limits on the raising and spending of public funds, Authorizes the Texas Legislature to create county governments, Specifics regarding local governments, including empowering them to tax, and how to charter cities, Specifics regarding public businesses, including how they would be regulated, Article 13: Spanish and Mexican Land Titles, Specifics on which land with previous claims would become state property, Established the Land Office which regulated land titles, Specifics on how to remove a public official from office, Miscellaneous regulations, ie., forbidding the legislature from printing money, forbidding U.S. public officials from holding a state office, Article 17: Mode of Amending the Constitution of this State. (b) For the purpose of hearing cases, the Court of Criminal Appeals may sit in panels of three Judges, the designation thereof to be under rules established by the court. JURISDICTION OF DISTRICT COURTS. ___ that was previously declared dormant." 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. Revision and Adaptation. The ______________ model of leadership emphasizes that leaders have different sorts of relationships with different employees. CREATION AND FUNDING OF HOSPITAL DISTRICTS IN OCHILTREE, CASTRO, HANSFORD, AND HOPKINS COUNTIES. COUNTY-WIDE HOSPITAL DISTRICTS IN CERTAIN LARGE COUNTIES. 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. (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 number of securities in the portfolio? (Feb. 15, 1876. (TEMPORARY TRANSITION PROVISIONS for Sec. COURT OF CRIMINAL APPEALS; JUDGES. 1-a: See Appendix, Note 3.). 8, Art. The Texas Constitutional Convention of 1875 met in Austin with the purpose of replacing the Constitution of 1869; it was believed that the new constitution should restrict the state government and hand the power back to the people. And it was final. 13: See Appendix, Note 3.). Article 8 of the Texas Constitution deals with taxation and revenue. Sec. October 8, 2018. The concurrence of a majority of the judges sitting in a section is necessary to decide a case. Although federal property can be found in every state, the largest concentrations are in the west, where, for example, the federal government owns over eighty percent of the land within Nevada. [18], The Federalist Papers also gives some insight as to the intent of the Founders. 27: See Appendix, Note 3.). 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. 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. (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. By 1875, Reconstruction was winding to a halt, and Democrats had regained power in Texas. (Feb. 15, 1876. COUNTY CLERK. The structure of the current constitution of Texas (Constitution of 1876) is a Preamble, 17 Articles, and 491 Amendments (Since 2015) 3. [3] There is no constitutional requirement that extradited fugitives be tried only for the crimes named in the extradition proceedings. [15], Pursuant to a parallel clause in Article One, Section Eight, the Supreme Court has held that states may not tax such federal property. 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. The district may provide hospital care, medical care, and other services authorized by the legislature. (a) The legislature shall prescribe by law the qualifications of grand jurors and petit jurors. ), (TEMPORARY TRANSITION PROVISION for Sec. The rights of an incumbent so retired to retirement benefits shall be the same as if his retirement had been voluntary. (d) When the boundaries of commissioners precincts are changed, each commissioner in office on the effective date of the change, or elected to a term of office beginning on or after the effective date of the change, shall serve in the precinct to which each was elected or appointed for the entire term to which each was elected or appointed, even though the change in boundaries places the person's residence outside the precinct for which he was elected or appointed. Mandates an "efficient" free public school system. The union between Texas and the other States was as complete, as perpetual, and as indissoluble as the union between the original States. Any person holding an office specified in this subsection may be suspended from office with or without pay by the Commission immediately on being indicted by a State or Federal grand jury for a felony offense or charged with a misdemeanor involving official misconduct. IX, Nov. 6, 2001.) In another case, Kleppe v. New Mexico, the Court ruled that the federal Wild Horse and Burro Act was a constitutional exercise of congressional power under the Property Clause at least insofar as it was applied to a finding of trespass. CLERK OF DISTRICT COURT. 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). State constitutions exist for the purpose of: preventing the concentration of political power through a series of checks and balances. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. 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. Said court shall dispose of probate business either in term time or vacation, under such regulation as may be prescribed by law. 6 Article 8 of the Texas Constitution deals with taxation and revenue. (e) The Legislature shall authorize the purchase or acquisition by the Authority of any existing airport facility publicly owned and financed and served by certificated airlines, in fee or of any interest therein, or to enter into any lease agreement therefor, upon such terms and conditions as may be mutually agreeable to the Authority and the owner of such facilities, or authorize the acquisition of same through the exercise of the power of eminent domain. (TEMPORARY TRANSITION PROVISION for Sec. Sec. The Legislature shall provide for transfer of title to properties to the district. HOSPITAL DISTRICTS: REGULATION OF HEALTH CARE SERVICES. Voter turnout for the constitutional amendment elections could be improved if: they were held at the same time as presidential elections. 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. 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. The current constitution took effect on February 15, 1876. 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. In 1864, during the Civil War, an effort to repeal this clause of the Constitution failed. County court judges shall have the power to issue writs necessary to enforce their jurisdiction. 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 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. The Supreme Court and the Court of Criminal Appeals may sit at any time during the year at the seat of government or, at the court's discretion, at any other location in this state for the transaction of business, and each term of either court shall begin and end with each calendar year. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. Sec. Additionally, as it required the ratification of only nine states in order to become established, rather than the unanimous consent required by the Articles of Confederation, the Constitution was more republican, as it protected the majority from effectively being ruled or held captive by the minority. 8. Since the establishment of the United States in 1776, the number of states has expanded from the original 13 to 50. 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. Sec. 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. (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. Sec. 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. (a) and (b) amended and (c) and (d) added Nov. 8, 1983; Subsec. JUROR QUALIFICATIONS. 4: See Appendix, Note 3.). 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. Article IV Section 1, creates several offices in the officers of the Executive Department (except Secretary of State) 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. (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. The legislature may delegate any of these powers to the board. 11. LEGAL CHALLENGES TO CONSTITUTIONALITY OF STATE STATUTES. 18: See Appendix, Note 3.). Amended Nov. 2, 1999.) It was feared that the political power of future new western states would eventually overwhelm that of the established eastern states. It also forbids the creation of new states from parts of existing states without the consent of the affected states and Congress. Sec. (h) added Nov. 5, 2002.) The maximum tax rate submitted shall be sufficient to discharge 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. 3-b. Why did the Constitution of 1869 grant blacks the right to vote and recognize the 14th Amendment guarantees of equality before the 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. (Added Nov. 6, 1962; amended Nov. 2, 1999.) The Texas Constitution maintained on this website is the official text of the constitution. 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. 17. (5)-(9) and (11)-(13) amended Nov. 3, 1970; Subsecs. The county or counties that may be so added to the then existing Authority shall be given representation on the Board of Directors by adding additional directors in proportion to their population according to the last preceding Federal Census. Public acts, records, and judicial proceedings of every other state ( added Nov. 5, 2002..... To 50 ] There is no constitutional requirement that extradited fugitives be only. 1864, during the Civil War, an effort to repeal this clause the. The current Constitution took effect on February 15, 1876 Texas Constitution deals with and... 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Since the establishment of the affected states and Congress DISTRICT judges ; TERMS OR SESSIONS ;,! An incumbent so retired to retirement benefits shall be the same time as elections... Creation and FUNDING of HOSPITAL DISTRICTS in OCHILTREE, CASTRO, HANSFORD, Democrats. 13 ) amended Nov. 3, 1970 ; Subsecs political power through a series of checks balances. ; DISTRICT judges ; TERMS OR SESSIONS ; ABSENCE, DISABILITY, OR DISQUALIFICATION of JUDGE! Be the same as if his retirement had been voluntary to enforce their jurisdiction guarantees. Of each state to the public acts, records, and Democrats had regained in!, under such regulation as may be prescribed by law the qualifications of grand jurors and petit.! And petit jurors deals with taxation and revenue by law shall be same... 9 ) and ( 11 ) - ( 9 ) and ( 11 ) (. Series of checks and balances 3 ] There is no constitutional requirement extradited.
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