A district may not be created or a tax levied unless the creation and tax are approved by a majority of the registered voters who reside in the district. Any person holding such office may be disciplined or censured, in lieu of removal from office, as provided by this section. C. The law relating to the removal, discipline, suspension, or censure of a Justice or Judge of the courts established by this Constitution or created by the Legislature as provided in this Constitution applies to a master or magistrate appointed as provided by law to serve a trial court of this State and to a retired or former Judge who continues as a judicial officer subject to an assignment to sit on a court of this State. 7: See Appendix, Note 4.). More information on the Constitution of the State of Texas (1876) may be found at the Texas Constitutions 1824-1876 project of the Tarlton Law Library, Jamail Center for Legal Research at the University of Texas School of Law, the University of Texas at Austin. Each Court of Appeals shall designate one of its members for inclusion in the list from which the selection is made. 4. Some contend that the clause requires Congress to treat all citizens equally. (Feb. 15, 1876. (h) Any judicial reapportionment order adopted by the board must be approved by a record vote of the majority of the membership of both the senate and house of representatives before such order can become effective and binding. In 1864, during the Civil War, an effort to repeal this clause of the Constitution failed. 6: See Appendix, Note 3.). Provided, however, that no district shall be created by special law except after thirty (30) days' public notice to the district affected, and in no event may the Legislature provide for a district to be created without the affirmative vote of a majority of the qualified voters in the district concerned. (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. Under the law relating to the removal of an active Justice or Judge, the Commission and the review tribunal may prohibit a retired or former Judge from holding judicial office in the future or from sitting on a court of this State by assignment. $143,750 (2019) [1] Website. (TEMPORARY TRANSITION PROVISIONS for Sec. 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 . Due process shall include the right to notice, counsel, hearing, confrontation of his accusers, and all such other incidents of due process as are ordinarily available in proceedings whether or not misfeasance is charged, upon proof of which a penalty may be imposed. [8], At the 1787 Constitutional Convention, a proposal to include the phrase, "new States shall be admitted on the same terms with the original States", was defeated. The Dennison decision was overruled by Puerto Rico v. Branstad (1987); now, the federal courts may require the extradition of fugitives. The Texas Constitution maintained on this website is the official text of the constitution. 26. What determines who gets what? (b) The supreme court and the court of criminal appeals shall promulgate rules of procedure relating to the review of those questions. (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. A Justice, Judge, Master, or Magistrate may appeal a decision of the review tribunal to the Supreme Court under the substantial evidence rule. JURISDICTION OF COURT OF CRIMINAL APPEALS. Article 4 of the Texas Constitution describes the executive department (branch) of Texas. Sec. Congressional restrictions on the equality of states, even when those limitations have been found in the acts of admission, have been held void by the Supreme Court. The rights of an incumbent so retired to retirement benefits shall be the same as if his retirement had been voluntary. (Added Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISION for Sec. IX, Nov. 6, 2001.) The Constitution does not explain what exactly constitutes a republican form of government. 30. (Feb. 15, 1876. Butler withdrew the clause. 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. JURISDICTION OF DISTRICT COURTS. 4 of Comanche County, Texas. JUDICIAL DISTRICTS; DISTRICT JUDGES; TERMS OR SESSIONS; ABSENCE, DISABILITY, OR DISQUALIFICATION OF DISTRICT JUDGE. JUROR QUALIFICATIONS. 11. 5a: See Appendix, Note 3.). 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. 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. (a), (c), and (e) amended Nov. 2, 1999.) Article 4 of the Texas Constitution creates a plural executive, stating that there are ___ distinct offices in the executive branch. 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. Texas Democrats gained control of Congress in 1873 and decided it was time to draft a new constitution for Texas. (13-a) added Nov. 2, 2021.) (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. 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. Texans to decide whether to update their aging constitution. In 1912, Luther was reaffirmed in Pacific States Telephone and Telegraph Co. v. TRIAL BY JURY IN CIVIL CASES. (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. Amended Aug. 11, 1891, Nov. 4, 1930, Nov. 4, 1980, and Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISION for Sec. EXECUTIVE DEPARTMENT Sec. CREATION AND FUNDING OF HOSPITAL DISTRICT IN COUNTY COMMISSIONERS PRECINCT NO. Amended Nov. 2, 1999.) 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 Alabama's). 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. (c) All constitutional and statutory references to the Courts of Civil Appeals shall be construed to mean the Courts of Appeals. This site works best with JavaScript enabled. The doctrine, however, can also be applied to the detriment of states, as occurred with Texas. Sec. (14) The Legislature may promulgate laws in furtherance of this Section that are not inconsistent with its provisions. It also empowers Congress to admit new states and administer the territories and other federal lands. The Court of Appeals may sit in sections as authorized by law. (TEMPORARY TRANSITION PROVISION for Sec. [21] The court rejected the challenge, finding the challenge to have presented a nonjusticiable political question that only Congress can resolve. (a) amended Nov. 2, 1999; Subsec. This article makes a personal income tax unlikely in Texas because: registered voters in the state must approve a personal income tax. 7a. Amended Nov. 2, 1954, and Nov. 2, 1993.). 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. (9) A tribunal to review the Commission's recommendation for the removal or retirement of a person holding an office or position specified in Subsection (6) of this Section is composed of seven (7) Justices or Judges of the Courts of Appeals who are selected by lot by the Chief Justice of the Supreme Court. 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. 3-c. All the obligations of perpetual union, and all the guaranties of republican government in the Union, attached at once to the State. The Legislature shall provide for transfer of title to properties to the district. 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. Sec. Sec. These rulings have helped shape public opinion among Puerto Ricans during the ongoing debate over the commonwealth's political status. [5] This clause was rendered mostly moot when the Thirteenth Amendment abolished slavery. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. (b) The Legislature shall provide for the option by the governing body of the city or cities whose airport facilities are served by certificated airlines and whose facility or some interest therein, is proposed to be or has been acquired by the Authority, to either appoint or elect a Board of Directors of said Authority. (a) Each county in the State with a population of 50,000 or more, according to the most recent federal census, from time to time, for the convenience of the people, shall be divided into not less than four and not more than eight precincts. (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. (Feb. 15, 1876. The Court and the Judges thereof shall have the power to issue such other writs as may be necessary to protect its jurisdiction or enforce its judgments. 1: See Appendix, Note 1.). Prosecutions may be commenced in said court by information filed by the county attorney, or by affidavit, as may be provided by law. However, the Supreme Court, in Texas v. White (1869), held that a state cannot unilaterally do so. Copyright 2023 by the Texas State Law Library. Sec. (TEMPORARY TRANSITION PROVISIONS for Sec. Sec. Instead, by entering the Union, Texas was found to have surrendered control over the water and the soil under it to Congress. Amended Aug. 11, 1891, Aug. 25, 1945, Nov. 4, 1980, and Nov. 6, 2001; Subsec. The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence. The presentment of an indictment or information to a court invests the court with jurisdiction of the cause. Its orders for the attendance or testimony of witnesses or for the production of documents at any hearing or investigation shall be enforceable by contempt proceedings in the District Court or by a Master. 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. The legislature may provide that the county in which the district is located may issue general obligation bonds for the district and provide other services to the district. The Court of Criminal Appeals may appoint Commissioners in aid of the Court of Criminal Appeals as provided by law. 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). (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. Sec. CLERKS OF APPELLATE COURTS. It shall annually select one of its members as Chairman. JURISDICTION OF JUSTICE OF THE PEACE COURTS; EX OFFICIO NOTARIES PUBLIC. October 8, 2018. 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. The current constitution took effect on February 15, 1876. The federal government owns about twenty-eight percent of the land in the United States. Amended Aug. 11, 1891, Nov. 7, 1978, Nov. 4, 1980, Nov. 5, 1985, and Nov. 6, 2001.) Each county in the State with a population of 18,000 or more but less than 50,000, according to the most recent federal census, from time to time, for the convenience of the people, shall be divided into not less than two and not more than eight precincts. 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. 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. (2) No part of any existing county shall be detached from it and attached to another existing county until the proposition for such change shall have been submitted, in such manner as may be provided by law, to a vote of the voters of both counties, and shall have received a majority of those voting on the question in each. (f) Nov. 6, 2001; Subsec. 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. Amended Nov. 2, 1954, and Nov. 2, 1999.) COUNTY COURT; COUNTY JUDGE. Find out from TexPlainer at the Texas Tribune. (11) The Supreme Court shall by rule provide for the procedure before the Commission, Masters, review tribunal, and the Supreme Court. 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. JURISDICTION OF SUPREME COURT. 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. d. Why cant systematic risk be diversified away? (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. James Wilson of Pennsylvania objected, stating it would require that state governments enforce slavery at taxpayers' expense. Sec. (TEMPORARY TRANSITION PROVISION for Sec. Sec. The State is entitled to appeal in criminal cases, as authorized by general law. RETIREMENT, COMPENSATION, DISCIPLINE, AND REMOVAL OF JUSTICES AND JUDGES; STATE COMMISSION ON JUDICIAL CONDUCT. 13: See Appendix, Note 3.). 4. (a) amended Nov. 5, 1985, Nov. 3, 1987, and Nov. 7, 1995; Subsecs. Directors shall serve without compensation for a term fixed by the Legislature not to exceed six (6) years, shall be selected on the basis of the proportionate population of each county based upon the last preceding Federal Census, and shall be residents of such county. (12) No person holding an office specified in Subsection (6) of this Section shall sit as a member of the Commission in any proceeding involving his own suspension, discipline, censure, retirement or removal. Bicameral legislature with a House of Representatives and a Senate. The ______________ model of leadership emphasizes that leaders have different sorts of relationships with different employees. The DISTRICT procedure relating to the detriment of States, as provided by this section 5 ] this clause the... By this section presentment of an incumbent so retired to retirement benefits shall be construed mean! Disciplined or censured, in Texas because: registered voters in the executive department ( branch ) Texas! 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