27: See Appendix, Note 3.). The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. 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. (TEMPORARY TRANSITION PROVISIONS for Sec. Sec. Salary. These first amendments were designed to protect individual . 6 Article 8 of the Texas Constitution deals with taxation and revenue. The rights found in the Texas Bill of Rights: contain some ideas that move beyond those guaranteed by the first 10 amendments to the US Constitution. Sec. (f) Notwithstanding the provisions of Article IX of this constitution, if a hospital district was created or authorized under a constitutional provision that includes a description of the district's boundaries or jurisdiction, the legislature by law may authorize the district to change its boundaries or jurisdiction. (Added Nov. 8, 1960; Subsec. -any person deemed mentally incompetent by the courts. Plan Your Visit to the National Archives Museum, Browse Revolutionary Era Classroom Activities. 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. (Added Nov. 6, 2001.) 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 Full Faith and Credit Clause requires states to extend "full faith and credit" to the public acts, records and court proceedings of other states. 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. 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. 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. 13. QUESTIONS OF STATE LAW CERTIFIED FROM FEDERAL APPELLATE COURT. Upon an order for involuntary retirement for disability or an order for removal, the office in question shall become vacant. (Added Nov. 2, 1954; amended Nov. 2, 1999.) What is the principle of diversification? The concurrence of a majority of the judges sitting in a section is necessary to decide a case. Provided, that the decision of said courts shall be conclusive on all questions of fact brought before them on appeal or error. 9. 1. Sec. 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. In Corfield v. Coryell, 6 F. Cas. REMOVAL OF COUNTY OFFICERS. (g) (Redesignated as Subsec. reference to the US were replaced with references to the Confederacy. The motives of the governor demanding the extradition may not be questioned. Justices of the peace shall be ex officio notaries public. 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. For more information about UELMA, please see the council . By 1875, Reconstruction was winding to a halt, and Democrats had regained power in Texas. (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. 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. (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. 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. 30. SUPREME COURT; JUSTICES. Log in. (c) All constitutional and statutory references to the Courts of Civil Appeals shall be construed to mean the Courts of Appeals. Amended Aug. 11, 1891, Nov. 8, 1949, Nov. 5, 1985, and Nov. 2, 2021.) What role do you feel Hyundai's 10-year, 100,000 -mile warranty played in its turnaround? 2: See Appendix, Note 3.). 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. (5) reside in the district during the judge's term of office. Grand juries empaneled in the District Courts shall inquire into misdemeanors, and all indictments therefor returned into the District Courts shall forthwith be certified to the County Courts or other inferior courts, having jurisdiction to try them for trial; and if such indictment be quashed in the County, or other inferior court, the person charged, shall not be discharged if there is probable cause of guilt, but may be held by such court or magistrate to answer an information or affidavit. 13. JUROR QUALIFICATIONS. Except where otherwise noted, content on this site is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 License. (Added Nov. 6, 2001.) 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. (TEMPORARY TRANSITION PROVISION for Sec. (Added Nov. 6, 1962; amended Nov. 2, 1999.) If an office of constable is declared dormant, the office may not be filled by election or appointment and the previous officeholder does not continue to hold the office under Subsection (a) of this section or Section 17, Article XVI, of this constitution. Anna M. Tinsley. The court must sit en banc during proceedings involving capital punishment and other cases as required by law. [7] It would later be applied with regard to the formation of Maine (from Massachusetts) and West Virginia (from Virginia). 9A. 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. The Supreme Court, Court of Criminal Appeals, and each Court of Appeals shall each appoint a clerk of the court, who shall give bond in the manner required by law, may hold office for four years subject to removal by the appointing court for good cause entered of record on the minutes of the court, and shall receive such compensation as the legislature may provide. (TEMPORARY TRANSITION PROVISION for Sec. Lieutenant Governor of Texas. The County Judge is the presiding officer of the County Court and has judicial functions as provided by law. Under the Submerged Lands Act of 1953, Congress returned maritime territory to some states, but not to others; the Act was sustained by the Supreme Court. 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. When a judge of the District Court is disqualified by any of the causes above stated, the parties 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. A system of checks and balances prevents any one of these . (d) Notwithstanding Section 1, Article II, of this constitution and any other provision of this constitution, if the supreme court does not act on a motion for rehearing before the 180th day after the date on which the motion is filed, the motion is denied. Notwithstanding the population requirements of this subsection, any county that is divided into four or more precincts on November 2, 1999, shall continue to be divided into not less than four precincts. (TEMPORARY TRANSITION PROVISIONS for Sec. In the event that two or more counties vote on the proposition of the creation of an Authority therein, the proposition shall not be deemed to carry unless the majority of the qualified voters in each county voting thereon vote in favor thereof. 13: See Appendix, Note 3.). (1)-(13) amended Nov. 2, 1965; Subsecs. Texas Democrats gained control of Congress in 1873 and decided it was time to draft a new constitution for Texas. COUNTY COURTS: TERMS OF COURT; PROBATE BUSINESS. 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. (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. The State is entitled to appeal in criminal cases, as authorized by general law. Sec. (4) Commissioners shall receive no compensation for their services as such. 2. 9: See Appendix, Note 1.). (6) A. (h) The commissioners court of a county may declare the office of constable in a precinct dormant if at least seven consecutive years have passed since the end of the term of the person who was last elected or appointed to the office and during that period of time no person was elected to fill that office, or during that period a person was elected to that office, but the person failed to meet the qualifications of that office or failed to assume the duties of that office. (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. Authored by: Kris S. Seago. 2: See Appendix, Note 1.). Since the 1987 case of Puerto Rico v. Branstad, federal courts may also use the Extradition Clause to require the extradition of fugitives. 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