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. Authored by: Kris S. Seago. The governor is the leader of the executive and legislative branch of the state government and is the commander in chief of the Texas Military. An Airport Authority may be created and be composed of the county or counties that vote in favor of its creation if separate propositions are submitted to the voters of each county so that they may vote for a two or more county Authority or a single county Authority. 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. (TEMPORARY TRANSITION PROVISIONS for Sec. If the district hereinabove authorized is finally created, no other hospital district may be created embracing any part of the territory within its boundaries, but the Legislature by law may authorize the creation of a hospital district incorporating therein the remainder of Jefferson County, having the powers and duties and with the limitations presently provided by Article IX, Section 4, of the Constitution of Texas. Sec. The County Judge is the presiding officer of the County Court and has judicial functions as provided by law. 18. JURISDICTION OF JUSTICE OF THE PEACE COURTS; EX OFFICIO NOTARIES PUBLIC. 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. The Legislative Reference Library has a constitutional amendment search and the Texas Legislative Council offers a table of constitutional amendments since 1876 [PDF]. 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. 8: See Appendix, Note 1.). The Master shall have all the power of a District Judge in the enforcement of orders pertaining to witnesses, evidence, and procedure. 14: see Appendix, Note 3.). Amended Aug. 11, 1891, Nov. 7, 1978, Nov. 4, 1980, and Nov. 5, 1985.). Sec. The court upheld Georgia's refusal to enforce the South Carolina judgment. However, on the next day the clause was quietly reinstated and adopted by the Convention without objection. (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. reference to the US were replaced with references to the Confederacy. And it was final. 1. Sec. When the Supreme Court, the Court of Criminal Appeals, the Court of Appeals, or any member of any of those courts shall be thus disqualified to hear and determine any case or cases in said court, the same shall be certified to the Governor of the State, who shall immediately commission the requisite number of persons learned in the law for the trial and determination of such cause or causes. (14) The Legislature may promulgate laws in furtherance of this Section that are not inconsistent with its provisions. (Feb. 15, 1876. Sec. However, the great majority of agencies are created by statute and must function under the separation requirement, thus compelling Texas courts to establish parameters for . SHERIFFS. 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. 7: See Appendix, Note 4.). (TEMPORARY TRANSITION PROVISION for Sec. Justices of the peace shall be ex officio notaries public. 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. Amended Aug. 11, 1891, Aug. 25, 1945, Nov. 4, 1980, and Nov. 6, 2001; Subsec. Copyright 2023 by the Texas State Law Library. 15. The Court shall hold the regular terms at the County Seat of each County in the Court's district in such manner as may be prescribed by law. 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. 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. 4 OF COMANCHE COUNTY. 1: See Appendix, Note 1.). Therefore, under the Territorial clause, Congress had the power to determine which parts of the Constitution applied to the territories. (c) Subject to such regulations as may be prescribed by law, the Court of Criminal Appeals and the Judges thereof shall have the power to issue the writ of habeas corpus, and, in criminal law matters, the writs of mandamus, procedendo, prohibition, and certiorari. (f) Nov. 6, 2001.). (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. In Kentucky v. Dennison (1860),[1] the Supreme Court held that the federal courts may not compel state governors to surrender fugitives through the issue of writs of mandamus. 17. Commissioners may succeed themselves in office only if having served less than three (3) consecutive years. (a) The Court of Criminal Appeals shall consist of eight Judges and one Presiding Judge. 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. Amended Nov. 7, 1978, and Nov. 5, 1985.). (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. XVI, amended to redesignate as Sec. JURISDICTION OF COURT OF CRIMINAL APPEALS. (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. 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. The Guarantee Clause mandates that United States guarantee that all states have a "republican form of government," though it does not define this term. 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 Presiding Judge and the Judges shall be elected by the qualified voters of the state at a general election and shall hold their offices for a term of six years. 5. COUNTY-WIDE HOSPITAL DISTRICTS IN CERTAIN LARGE COUNTIES. 4: See Appendix, Note 1.). 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. Sec. What role do you feel Hyundai's 10-year, 100,000 -mile warranty played in its turnaround? Amended Aug. 11, 1891, and Nov. 5, 1985.). Would this warranty be as important an evaluative criterion today as it was a decade ago? 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) The supreme court and the court of criminal appeals have jurisdiction to answer questions of state law certified from a federal appellate court. B. As James Madison wrote in Federalist No. No judge shall sit in any case wherein the judge may be interested, or where either of the parties may be connected with the judge, either by affinity or consanguinity, within such a degree as may be prescribed by law, or when the judge shall have been counsel in the case. Kilman, Johnny and George Costello (Eds). 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. [21], The doctrine was later limited in Baker v. Carr (1962), which held that the lack of state legislative redistricting to be justiciable.[21]. 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. 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. This clause, sometimes referred to as the Guarantee Clause, has long been at the forefront of the debate about the rights of citizens vis--vis the government. 3. Plan Your Visit to the National Archives Museum, Browse Revolutionary Era Classroom Activities. PARTICIPATION OF MUNICIPALITIES AND OTHER POLITICAL SUBDIVISIONS IN ESTABLISHMENT AND OPERATION OF MENTAL HEALTH, MENTAL RETARDATION, OR PUBLIC HEALTH SERVICES. 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. Should the Legislature enact legislation in anticipation of the adoption of this amendment, such legislation shall not be invalid by reason of its anticipatory character. 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. 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. Sec. (Added Nov. 5, 1985; Subsec. COUNTY COURT: TERMS, PROSECUTIONS, AND JURIES. The seeming ambiguity of the clause has given rise to a number of different interpretations. Since the 1987 case of Puerto Rico v. Branstad, federal courts may also use the Extradition Clause to require the extradition of fugitives. Sec. (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. The motives of the governor demanding the extradition may not be questioned. This latter provision was designed to give Eastern states that still had claims to Western lands (e.g., Virginia and North Carolina) to have a veto over whether their western counties (which eventually became Kentucky and Tennessee) could become states. 12. (b) The Legislature may by law permit the County of Comanche to render financial aid to that District by paying a part of the expenses of operating and maintaining the system and paying a part of the debts of the District (whether assumed or created by the District) and may authorize the levy of a tax not to exceed ten cents (10) per One Hundred Dollar ($100) valuation (in addition to other taxes permitted by this Constitution) upon all property within the County but without the County Commissioners Precinct No. ARTICLE 4. The Legislature may also provide for the dissolution of hospital districts provided that a process is afforded by statute for: (1) determining the desire of a majority of the qualified voters within the district to dissolve it; (2) disposing of or transferring the assets, if any, of the district; and. DIRECT APPEAL FROM ORDER GRANTING OR DENYING INJUNCTION. Can you connect this to postpurchase dissonance? The Supreme Court has held that it is not compulsory for the fugitive to have fled after an indictment was issued, but only that the fugitive fled after having committed the crime. Sec. (Feb. 15, 1876. (TEMPORARY TRANSITION PROVISIONS for Sec. The change must be approved by a majority of the qualified voters of the district voting at an election called and held for that purpose. The commissioners court shall call an election to reinstate the office if the commissioners court receives a petition signed by at least 10 percent of the qualified voters of the precinct. (TEMPORARY TRANSITION PROVISION for Sec. JUROR QUALIFICATIONS. JURISDICTION OF DISTRICT COURTS. 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. 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. 4 of Comanche County. This site works best with JavaScript enabled. 1. 31. 20. A division or designation under this subsection shall be made by the Commissioners Court provided for by this Constitution. Sec. [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. (Feb. 15, 1876. 3-c. CREATION AND FUNDING OF HOSPITAL DISTRICTS IN CITY OF AMARILLO, WICHITA COUNTY, AND JEFFERSON COUNTY. APPEAL BY STATE IN CRIMINAL CASES. (f) Nov. 6, 2001; Subsec. When first adopted, this clause applied to fugitive slaves and required that they be extradited upon the claims of their masters, but it provided no means for doing so. 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. [14] These holdings include national parks, national forests, recreation areas, wildlife refuges, vast tracts of range and public lands managed by the Bureau of Land Management, reservations held in trust for Native American tribes, military bases, and ordinary federal buildings and installations. 32. 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. 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. (g) added Nov. 4, 1997; Subsec. 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. HOSPITAL DISTRICTS IN COUNTIES WITH POPULATION OF 75,000 OR LESS. In such connection, the statute shall provide against disposal or transfer of the assets of the district except for due compensation unless such assets are transferred to another governmental agency, such as a county, embracing such district and using such transferred assets in such a way as to benefit citizens formerly within the district. In addition, the constitutional provisions found on this website comply with the Uniform Electronic Legal Material Act (UELMA) and are current through the amendments approved by voters in May 2022. 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. Some contend that the clause requires Congress to treat all citizens equally. 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. (Feb. 15, 1876. 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. 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. (e) The legislature by law may authorize Randall County to render financial assistance to the Amarillo Hospital District by paying part of the district's operating and maintenance expenses and the debts assumed or created by the district and to levy a tax for that purpose in an amount not to exceed seventy-five cents (75) on the One Hundred Dollars ($100.00) valuation on all property in Randall County that is not within the boundaries of the City of Amarillo or the South Randall County Hospital District. Sec. The first section requires states to extend "full faith and credit" to the public acts, records and court proceedings of other states. By the 1840s, only 40% of the state's free white males were enfranchised. The board has other powers and duties as provided by the legislature and shall exercise its powers under the policies, rules, standards, and conditions, not inconsistent with this section, that the legislature provides. 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