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. 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. License: 2022, Texas Higher Education Coordinating Board, The Texas State Constitution and the American Federal System, Introduction to Texas History and Politics, The Executive Department and the Office of the Governor of Texas, Voting and Political Participation in Texas, Introduction: The Texas State Constitution and the American Federal System, The Evolution of the Texas State Constitution, Federal Constitution of the United Mexican States (1824), Constitution Of Coahuila And Texas (1827), Constitution of the Republic of Texas (1836), The 1870s: The Constitutional Convention of 1875. (b) The appeal of all cases in which the death penalty has been assessed shall be to the Court of Criminal Appeals. In a panel of three Judges, two Judges shall constitute a quorum and the concurrence of two Judges shall be necessary for a decision. Article I, Section 2, provides that "the faith of the people of Texas government" Article III, Sections 3 and 4, provide respectively that Senators and Representatives shall be chosen by the qualified electors. CREATION AND FUNDING OF HOSPITAL DISTRICT IN COUNTY COMMISSIONERS PRECINCT NO. The seeming ambiguity of the clause has given rise to a number of different interpretations. 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. The union between Texas and the other States was as complete, as perpetual, and as indissoluble as the union between the original States. (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. 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. 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. c. Why is some risk diversifiable? 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. JURISDICTION OF SUPREME COURT. (Feb. 15, 1876. There shall be elected for each county, by the qualified voters, a County Clerk, who shall hold his office for four years, who shall be clerk of the County and Commissioners Courts and recorder of the county, whose duties, perquisites and fees of office shall be prescribed by the Legislature, and a vacancy in whose office shall be filled by the Commissioners Court, until the next general election; provided, that in counties having a population of less than 8,000 persons there may be an election of a single Clerk, who shall perform the duties of District and County Clerks. 13: See Appendix, Note 3.). (8) After such investigation as it deems necessary, the Commission may in its discretion issue a private or public admonition, warning, reprimand, or requirement that the person obtain additional training or education, or if the Commission determines that the situation merits such action, it may institute formal proceedings and order a formal hearing to be held before it concerning a person holding an office or position specified in Subsection (6) of this Section, or it may in its discretion request the Supreme Court to appoint an active or retired District Judge or Justice of a Court of Appeals, or retired Judge or Justice of the Court of Criminal Appeals or the Supreme Court, as a Master to hear and take evidence in the matter, and to report thereon to the Commission. (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. Each county in the State may provide, in such manner as may be prescribed by law, a Manual Labor Poor House and Farm, for taking care of, managing, employing and supplying the wants of its indigent and poor inhabitants. (2), (5)-(10), and (12) amended Nov. 8, 1977; Subsecs. The Legislature shall provide for transfer of title to properties to the District. Commissioners may succeed themselves in office only if having served less than three (3) consecutive years. (Feb. 15, 1876. Amended Aug. 11, 1891, Nov. 8, 1966, Nov. 8, 1977, Nov. 4, 1980, and Nov. 6, 2001.) a. (a) The supreme court and the court of criminal appeals have jurisdiction to answer questions of state law certified from a federal appellate court. Sec. 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. (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. Sec. 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. The Dennison decision was overruled by Puerto Rico v. Branstad (1987); now, the federal courts may require the extradition of fugitives. (Added Nov. 6, 1962; amended Nov. 2, 1999.) The Constitution does not explain what exactly constitutes a republican form of government. It also forbids the creation of new states from parts of existing states without the consent of the affected states and Congress. 3a: See Appendix, Note 3.). 17: See Appendix, Note 3.). 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. 2: See Appendix, Note 3.). The legislature shall set the maximum tax rate a district may levy. The Fugitive Slave Act of 1793 created the mechanism for recovering a fugitive slave, overruled any state laws giving sanctuary, made it a federal crime to assist an escaped slave, and allowed slave-catchers into every U.S. state and territory. Sec. This clause was added to the clause that provided extradition for fugitives from justice.[4]. 13. $143,750 (2019) [1] Website. The Court of Appeals may sit in sections as authorized by law. 23. (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. (b) Each district judge shall be elected by the qualified voters at a General Election. Sec. Copyright 2023 by the Texas State Law Library. The motives of the governor demanding the extradition may not be questioned. Why is the Texas Constitution So Dang Long? Commissioners of classes (i), (ii), (vii), and (viii) above shall be chosen by the Supreme Court with advice and consent of the Senate, those of class (iii) by the Board of Directors of the State Bar under regulations to be prescribed by the Supreme Court with advice and consent of the Senate, those of class (iv) by appointment of the Governor with advice and consent of the Senate, and the commissioners of classes (v) and (vi) by appointment of the Supreme Court as provided by law, with the advice and consent of the Senate. Understand the Constitution of 1876s role in Texas, Legislative sessions moved from annual to biennial sessions, State Judges would be elected by the people, The people would vote on the ratification of amendments, The structure of the current constitution of Texas (Constitution of 1876) is a Preamble, 17 Articles, and 491 Amendments (Since 2015), The project includes digitized images and searchable text versions of. Since the 1987 case of Puerto Rico v. Branstad, federal courts may also use the Extradition Clause to require the extradition of fugitives. (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. In case of vacancy the Commissioners Court of the county shall have the power to appoint a County Attorney until the next general election. (Feb. 15, 1876. Digital images of these are available through Texas Constitutions 1824-1876, a project of the Tarlton Law Library and the University of Texas at Austin's School of Law. 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. For instance the Supreme Court struck down a provision which limited the jurisdiction of the state of Alabama over navigable waters within the state. The legislature shall provide for the necessary expenses of the board. CLERK OF DISTRICT COURT. SUPREME COURT; JUSTICES. An attempt to hold a popular convention to write a new constitution was declared insurrection by the charter government, and the convention leaders were arrested. Groups Theory & Practice - Study Set (Groups, Christina Dejong, Christopher E. Smith, George F Cole, Government in America: Elections and Updates Edition, George C. Edwards III, Martin P. Wattenberg, Robert L. Lineberry. (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. Pierce Butler and Charles Pinckney, both from South Carolina, submitted this clause to the Constitutional Convention. The Supreme Court has held that this clause prevents states from reopening cases which have been conclusively decided by the courts of another state. In the trial of all causes in the district courts, the plaintiff or defendant shall, upon application made in open court, have the right of trial by jury; but no jury shall be empaneled in any civil case unless demanded by a party to the case, and a jury fee be paid by the party demanding a jury, for such sum, and with such exceptions as may be prescribed by the Legislature. 11: See Appendix, Note 1.). 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