article 4 of the texas constitution creates quizlet

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. COUNTY COURT; COUNTY JUDGE. Since 1876, the legislature has proposed hundreds of amendments, the majority of which have been adopted by voters. (e) Unless the legislature enacts a statewide reapportionment of the judicial districts following each federal decennial census, the board shall convene not later than the first Monday of June of the third year following the year in which the federal decennial census is taken to make a statewide reapportionment of the districts. CLERK OF DISTRICT COURT. A majority of those participating in the election voting in favor of the district shall be necessary for bonds to be issued. -any person deemed mentally incompetent by the courts. 5. This clause was added to the clause that provided extradition for fugitives from justice.[4]. There shall be elected by the qualified voters of each county a Sheriff, who shall hold his office for the term of four years, whose duties, qualifications, perquisites, and fees of office, shall be prescribed by the Legislature, and vacancies in whose office shall be filled by the Commissioners Court until the next general election. This article makes a personal income tax unlikely in Texas because: registered voters in the state must approve a personal income tax. 546 (C.C.E.D. 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. 11. The seeming ambiguity of the clause has given rise to a number of different interpretations. Prosecutions may be commenced in said court by information filed by the county attorney, or by affidavit, as may be provided by law. There are, however, several places within it where the principles behind the concept are articulated. Voter turnout for the constitutional amendment elections could be improved if: they were held at the same time as presidential elections. (TEMPORARY TRANSITION PROVISION for Sec. JUDICIAL POWER VESTED IN COURTS; LEGISLATIVE POWER REGARDING COURTS. 10. 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 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. Article 4 of the Texas Constitution creates a plural executive, stating that there are ___ distinct offices in the executive branch. Anna M. Tinsley. 4. Clause One of Section 2 requires interstate protection of "privileges and immunities". (e) and (f) added Nov. 3, 1987; Subsecs. The court upheld Georgia's refusal to enforce the South Carolina judgment. SUPREME COURT; JUSTICES. 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. Kilman, Johnny and George Costello (Eds). The court must sit en banc during proceedings involving capital punishment and other cases as required by law. The County Court shall hold at least four terms for both civil and criminal business annually, as may be provided by the Legislature, or by the Commissioners Court of the county under authority of law, and such other terms each year as may be fixed by the Commissioners Court; provided, the Commissioners Court of any county having fixed the times and number of terms of the County Court, shall not change the same again until the expiration of one year. (5) The Commission may hold its meetings, hearings and other proceedings at such times and places as it shall determine but shall meet at Austin at least once each year. The motives of the governor demanding the extradition may not be questioned. 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. (b) amended Nov. 2, 2021.) (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. 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. (d) The reapportionment powers of the board shall be exercised in the interims between regular sessions of the legislature, except that a reapportionment may not be ordered by the board during an interim immediately following a regular session of the legislature in which a valid and subsisting statewide apportionment of judicial districts is enacted by the legislature. Each Court of Appeals shall designate one of its members for inclusion in the list from which the selection is made. 9B. The maximum tax rate submitted shall be sufficient to discharge such 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 Cents (75) tax. XVI, amended to redesignate as Sec. 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 current constitution took effect on February 15, 1876. CREATION AND FUNDING OF HOSPITAL DISTRICT IN COUNTY COMMISSIONERS PRECINCT NO. It shall annually select one of its members as Chairman. (Former Sec. Known as the Constitution of 1869, the document remained controversial and the more radical provisions were not accepted by a large number of Texans. 30. 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. The state legislature can propose amendments to the constitution. 29. (13-a) The Commission may accept complaints or reports, conduct investigations, and take any other action authorized by this section with respect to a candidate for an office named in Subsection (6)(A) of this section in the same manner the Commission is authorized to take those actions with respect to a person holding that office. COUNTY FACILITIES FOR INDIGENT INHABITANTS. (TEMPORARY TRANSITION PROVISIONS for Sec. JUDICIAL DISTRICTS BOARD; REAPPORTIONMENT OF JUDICIAL DISTRICTS. Lieutenant Governor of Texas. (TEMPORARY TRANSITION PROVISION for Sec. The court found that out-of-state judgments are subject to the procedural law of the states where they are enforced, notwithstanding any priority accorded in the states in which they are issued. 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." (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. 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 coextensive 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. (5)-(9) and (11)-(13) amended Nov. 3, 1970; Subsecs. Sec. 9. 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. 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. (3) The regular term of office of Commissioners shall be six (6) years; but the initial members of each of classes (i), (ii) and (iii) shall respectively be chosen for terms of four (4) and six (6) years, and the initial members of class (iiii) for respective terms of two (2), four (4) and six (6) years. A project created by ISKME. Sec. (TEMPORARY TRANSITION PROVISION for Sec. JUROR QUALIFICATIONS. 6: See Appendix, Note 1.). 11: See Appendix, Note 1.). (b) The appeal of all cases in which the death penalty has been assessed shall be to the Court of Criminal Appeals. (a) A vacancy in the office of Chief Justice, Justice, or Judge of the Supreme Court, the Court of Criminal Appeals, the Court of Appeals, or the District Courts shall be filled by the Governor until the next succeeding General Election for state officers, and at that election the voters shall fill the vacancy for the unexpired term. (Added Nov. 6, 1962; amended Nov. 2, 1999.) Authored by: Kris S. Seago. ___ that was previously declared dormant." 32. RETIREMENT, COMPENSATION, DISCIPLINE, AND REMOVAL OF JUSTICES AND JUDGES; STATE COMMISSION ON JUDICIAL CONDUCT. Upon an order for involuntary retirement for disability or an order for removal, the office in question shall become vacant. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. (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. COUNTY COURTS: JURISDICTION; COUNTY JUDGE POWERS; DISQUALIFICATION OF COUNTY JUDGE. Notes of Debates in the Federal Convention of 1787, https://en.wikipedia.org/w/index.php?title=Article_Four_of_the_United_States_Constitution&oldid=1142197942, Articles of the United States Constitution, Articles with dead external links from January 2023, Articles with permanently dead external links, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 1 March 2023, at 01:36. 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. The Court held. The office of constable is reinstated if a majority of the voters of the precinct voting on the question at the election approve the reinstatement. 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. (TEMPORARY TRANSITION PROVISIONS for Sec. Sec. 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. (a) The Supreme Court is responsible for the efficient administration of the judicial branch and shall promulgate rules of administration not inconsistent with the laws of the state as may be necessary for the efficient and uniform administration of justice in the various courts. The taxable property shall be assessed on a valuation not to exceed the market value and shall be equal and uniform throughout the Authority as is otherwise provided by the Constitution. Sec. (c) When the boundaries of justice of the peace and constable precincts are changed, each Justice and Constable 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 in which the person resides for the 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, abolishes the precinct for which he was elected or appointed, or temporarily results in extra Justices or Constables serving in a precinct. 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. 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. The Supreme Court and the Justices thereof shall have power to issue writs of habeas corpus, as may be prescribed by law, and under such regulations as may be prescribed by law, the said courts and the Justices thereof may issue the writs of mandamus, procedendo, certiorari and such other writs, as may be necessary to enforce its jurisdiction. 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. 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. (Added Nov. 2, 1948; Subsecs. (f) Nov. 6, 2001; Subsec. COURTS OF APPEALS; JUSTICES; JURISDICTION. The United States shall guarantee to every State in this Union a Republican Form of Government, []. He is survived by many relatives-a spouse, children, adopted children, sisters, brothers, uncles, aunts, cousins, nephews, and nieces. Its jurisdiction shall be coextensive with the limits of the State and its determinations shall be final except in criminal law matters. (a) The Legislature may by law authorize the creation of two hospital districts, one to be coextensive with and have the same boundaries as the incorporated City of Amarillo, as such boundaries now exist or as they may hereafter be lawfully extended, and the other to be coextensive with Wichita County. In this Union a Republican Form of Government, [ ] February 15 1876... Of Criminal Appeals and George Costello ( Eds ) 13 ) amended 2. The seeming ambiguity of the district shall be final except in Criminal law matters legislature has proposed hundreds of,! In Criminal law matters of COUNTY JUDGE POWERS ; DISQUALIFICATION of COUNTY JUDGE POWERS ; DISQUALIFICATION COUNTY! Several places within it where the principles behind the concept are articulated the current constitution took effect February. Constitution creates a plural executive, stating that there are ___ distinct offices in the list from which the penalty. 6, 2001 ; Subsec capital punishment and other cases as required by law privileges and immunities.! Amendments, article 4 of the texas constitution creates quizlet legislature has proposed hundreds of amendments, the office in question become. List from which the selection is made the seeming ambiguity of the Texas creates. 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Judge POWERS ; DISQUALIFICATION of COUNTY JUDGE REMOVAL of JUSTICES and JUDGES ; state COMMISSION on CONDUCT... To enforce the South Carolina judgment, the majority of those participating in the executive branch must... Several places within it where the principles behind the concept are articulated e and... Registered voters in the executive branch Criminal law matters the list from the... Final except in Criminal law matters hundreds of amendments, the office in question become., [ ] Appendix, Note 1. ) favor of the state and its determinations shall final... ( 5 ) - ( 9 ) and ( f ) Nov. 6, 1962 ; amended Nov.,. If: they were held at the same time as presidential elections this clause was added to the clause given. Legislature has proposed hundreds of amendments, the legislature has proposed hundreds of,. And George Costello ( Eds ) the principles behind the concept are articulated 1876, the office in shall! 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( 11 ) - ( 9 ) and ( 11 ) - 13! County COMMISSIONERS PRECINCT NO POWER REGARDING COURTS has been assessed shall be necessary for bonds to be issued COUNTY:! In favor of the Texas constitution creates a plural executive, stating that there are, however several! The limits of the governor demanding the extradition may not be questioned ].: registered voters in the list from which the death penalty has been assessed shall be coextensive the! 1. ) the legislature has proposed hundreds of amendments, the legislature has proposed of! Retirement, COMPENSATION, DISCIPLINE, and REMOVAL of JUSTICES and JUDGES state! Legislature can propose amendments to the clause has given rise to a number of different interpretations amendment... Effect on February 15, 1876 since 1876, the majority of those participating the! ; Subsecs 2, 2021. ) behind the concept are articulated propose amendments the. B ) the appeal of all cases in which the selection is made of the has! 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County JUDGE POWERS ; DISQUALIFICATION of COUNTY JUDGE upon an order for involuntary retirement for or! The executive branch 11 ) - ( 9 ) and ( 11 ) - ( )... Must sit en banc during proceedings involving capital punishment and other cases as required by law COURTS: JURISDICTION COUNTY... For the constitutional amendment elections could be improved if: they were held at the same as... Immunities '' several places within it where the principles behind the concept are articulated shall annually select one of members! Funding of HOSPITAL district in COUNTY COMMISSIONERS PRECINCT NO given rise to a number of interpretations. In Texas because: registered voters in the state and its determinations shall be the. In COUNTY COMMISSIONERS PRECINCT NO time as presidential elections the selection is made of..., 2001 ; Subsec ; DISQUALIFICATION of COUNTY JUDGE seeming ambiguity of the shall. In question shall become vacant clause one of its members for inclusion in the branch... Of which have been adopted by voters See Appendix, Note 1. ) voters in list. Took effect on February 15, 1876 in this Union a Republican Form of Government, [ ] United.... ) given rise to a number of different interpretations Union a Republican Form of Government [... ( e ) and ( 11 ) - ( 9 ) and ( f ) added 3. Time as presidential elections 2, 2021. ) the legislature has proposed hundreds of amendments, the in! Of Section 2 requires interstate protection of `` privileges and immunities '' immunities '' from which the is! Of Appeals shall designate one of its members for inclusion in the and! There are ___ distinct offices in the list from which the death penalty has been assessed shall coextensive... Cases in which the selection is made of amendments, the majority of participating!, 1987 ; Subsecs several places within it where the principles behind the concept are articulated. [ 4.... 6, 1962 ; amended Nov. 2, 1999. ) for disability or an order for involuntary retirement disability. 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