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. 5a: See Appendix, Note 3.). 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. 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. What is the principle of diversification? Yet, the principle it establishes, that the powers of government . Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. (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. 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. No county shall have less than one (1) member on the Board of Directors. 3-b. Voter turnout for the constitutional amendment elections could be improved if: they were held at the same time as presidential elections. REMOVAL OF COUNTY OFFICERS. 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. 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. Create a standalone learning module, lesson, assignment, assessment or activity, Submit OER from the web for review by our librarians, Please log in to save materials. (Added Nov. 6, 1962; amended Nov. 8, 1966, and Nov. 7, 1989.). 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. Amended Nov. 2, 1999.) Judicial districts smaller in size than the entire county may be created subsequent to a general election where a majority of the persons voting on the proposition adopt the proposition "to allow the division of ___________ County into judicial districts composed of parts of ___________ County." County Courts in existence on the effective date of this amendment are continued unless otherwise provided by law. Sec. (a) The Legislature may by law authorize the creation of a Hospital District to be co-extensive with the limits of County Commissioners Precinct No. DIVISION OF COUNTIES INTO PRECINCTS; JUSTICES OF THE PEACE AND CONSTABLES; COUNTY COMMISSIONERS AND COUNTY COMMISSIONERS COURT. (Feb. 15, 1876. (e) The office of Constable is abolished in Mills County, Reagan County, and Roberts County. 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. Texas Democrats gained control of Congress in 1873 and decided it was time to draft a new constitution for Texas. The state constitution establishes the structure and purpose of the Texas government. Sec. (Former Sec. Amended Aug. 11, 1891, Nov. 7, 1978, Nov. 4, 1980, Nov. 5, 1985, and Nov. 6, 2001.) (1) and (2) amended Nov. 6, 2001; Subsecs. (2000). (e) and (f) added Nov. 3, 1987; Subsecs. COUNTY COURT: TERMS, PROSECUTIONS, AND JURIES. 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." The Constitution of 1845 included which of the following elements? The Fugitive Slave Clause requires the return of fugitive slaves; this clause has not been repealed, but it was rendered moot by the Thirteenth Amendment, which abolished slavery, except in the prison system. (3) satisfying the debts and bond obligations, if any, of the district, in such manner as to protect the interests of the citizens within the district, including their collective property rights in the assets and property of the district, provided, however, that any grant from federal funds, however dispensed, shall be considered an obligation to be repaid in satisfaction and provided that no election to dissolve shall be held more often than once each year. 9A. Sec. If the tax is authorized by the legislature and approved by the voters of the area to be taxed, the Amarillo Hospital District shall, by resolution, assume the responsibilities, obligations, and liabilities of Randall County in accordance with Subsection (a) of this section and, except as provided by this subsection, Randall County may not levy taxes or issue bonds for hospital purposes or for providing hospital care for needy inhabitants of the county. (d) Should the Legislature enact enabling laws in anticipation of the adoption of this amendment, such Acts shall not be invalid because of their anticipatory character. 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 Dollar ($100) valuation, and no election shall be required by subsequent changes in the boundaries of the Commissioners Precinct No. Additionally, as it required the ratification of only nine states in order to become established, rather than the unanimous consent required by the Articles of Confederation, the Constitution was more republican, as it protected the majority from effectively being ruled or held captive by the minority. 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. The district shall not have the power to levy any tax for maintenance or operation of the hospital or facilities, but shall contract with other political subdivisions of the state or private individuals, associations, or corporations for such purposes. CLERKS OF APPELLATE COURTS. A Justice, Judge, Master, or Magistrate may appeal a decision of the review tribunal to the Supreme Court under the substantial evidence rule. Article 4 of the Texas Constitution creates a plural executive, stating that there are ___ distinct offices in the executive branch. (2), (5)-(10), and (12) amended Nov. 8, 1977; Subsecs. Amended Aug. 11, 1891, Nov. 4, 1930, Nov. 4, 1980, and Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISIONS for Sec. (g) Except as provided by Subsection (i) of this section, this section does not limit the power of the legislature to reapportion the judicial districts of the state, to increase the number of judicial districts, or to provide for consequent matters on reapportionment. (TEMPORARY TRANSITION PROVISION for Sec. 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. District Court judges shall have the power to issue writs necessary to enforce their 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. Sec. Sec. 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. 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. When any part of a county is stricken off and attached to, or created into another county, the part stricken off shall be holden for and obliged to pay its proportion of all the liabilities then existing, of the county from which it was taken, in such manner as may be prescribed by law. JUDICIAL DISTRICTS; DISTRICT JUDGES; TERMS OR SESSIONS; ABSENCE, DISABILITY, OR DISQUALIFICATION OF DISTRICT JUDGE. 15. 1. Article 4 of the Texas constitution creates a plural executive, specifying_______distinct offices in the executive branch. 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. (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. 8: See Appendix, Note 1.). Butler withdrew the clause. 13. 12. 9: See Appendix, Note 1.). Some contend that the clause requires Congress to treat all citizens equally. Sec. (Feb. 15, 1876. (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. reference to the US were replaced with references to the Confederacy. The Admissions Clause grants Congress the authority to admit new states, but forbids the creation of new states from parts of existing states without the consent of the affected states. These first amendments were designed to protect individual . 31. (e) amended, Subsec. c. Why is some risk diversifiable? 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. gov.texas.gov. However, the Supreme Court, in Texas v. White (1869), held that a state cannot unilaterally do so. 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. (TEMPORARY TRANSITION PROVISION for Sec. COURTS OF APPEALS; JUSTICES; JURISDICTION. The Executive Department of the State shall consist of a Governor, who shall be the Chief Executive Officer of the State, a Lieutenant Governor, Secretary of State, Comptroller of Public Accounts, Commissioner of the General Land Office, and Attorney General. 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