The legislature by law may determine the health care services a hospital district is required to provide, the requirements a resident must meet to qualify for services, and any other relevant provisions necessary to regulate the provision of health care to residents. QUESTIONS OF STATE LAW CERTIFIED FROM FEDERAL APPELLATE COURT. (d) The Legislature shall provide for the appointment by the Board of Directors of an Assessor and Collector of Taxes in the Authority, whether constituted of one or more counties, whose duty it shall be to assess all taxable property, both real and personal, and collect the taxes thereon, based upon the tax rolls approved by the Board of Directors, the tax to be levied not to exceed Seventy-Five Cents (75) per One Hundred Dollars ($100) assessed valuation of the property. (TEMPORARY TRANSITION PROVISION for Sec. The legislature by general or special law may provide for the creation, establishment, maintenance, and operation of hospital districts located wholly in a county with a population of 75,000 or less, according to the most recent federal decennial census, and may authorize the commissioners court to levy a tax on the ad valorem property located in the district for the support and maintenance of the district. (TEMPORARY TRANSITION PROVISION for Sec. 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). In case of vacancy the Commissioners Court of the county shall have the power to appoint a County Attorney until the next general election. (5) reside in the district during the judge's term of office. 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. 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. (b) For the purpose of hearing cases, the Court of Criminal Appeals may sit in panels of three Judges, the designation thereof to be under rules established by the court. Mandates an "efficient" free public school system. 11. (Feb. 15, 1876. 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. COUNTY-WIDE HOSPITAL DISTRICTS IN CERTAIN LARGE COUNTIES. Article Four of the United States Constitution outlines the relationship between the various states, as well as the relationship between each state and the United States federal government. Before admission to the Union, Texas, as an independent nation, controlled water within three miles of the coast, the normal limit for nations. Article 4 of the Texas Constitution creates a plural executive, stating that there are ___ distinct offices in the executive branch. 8. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. (14) The Legislature may promulgate laws in furtherance of this Section that are not inconsistent with its provisions. However, on the next day the clause was quietly reinstated and adopted by the Convention without objection. When convened en banc, five Judges shall constitute a quorum and the concurrence of five Judges shall be necessary for a decision. License: CC BY: Attribution. The Guarantee Clause mandates that all U.S. states must be grounded in republican principles such as the consent of the governed. Some contend that the clause requires Congress to treat all citizens equally. If any city or owner has outstanding revenue bonds where the revenues of the airport have been pledged or said bonds constitute a lien against the airport facilities, the Authority shall assume and discharge all the obligations of the city under the ordinances and bond indentures under which said revenue bonds have been issued and sold. 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. (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. Authored by: Kris S. Seago. 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 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. The Constitution of 1836 adapted provisions from Spanish-Mexican law, including: community property, homestead exemptions and protections, and debtor relief. County court judges shall have the power to issue writs necessary to enforce their jurisdiction. 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. A republican form of government is distinguished from a direct democracy, which the Founding Fathers had no intentions of entering. (Former Sec. There shall be a Clerk for the District Court of each county, who shall be elected by the qualified voters and who shall hold his office for four years, subject to removal by information, or by indictment of a grand jury, and conviction of a petit jury. Sec. (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. 1. (1) and (2) amended Nov. 6, 2001; Subsecs. (a) and (b) amended and (c) and (d) added Nov. 8, 1983; Subsec. 28: See Appendix, Note 3.). The maximum tax rate submitted shall be sufficient to discharge 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 Cent (75) tax. The current constitution took effect on February 15, 1876. Bicameral legislature with a House of Representatives and a Senate. (Feb. 15, 1876. Texans to decide whether to update their aging constitution. The appeal of all other criminal cases shall be to the Courts of Appeal as prescribed by law. This provision was invoked by Colorado governor Elias M. Ammons in 1914 during the Colorado Coalfield War, as a result of which President Woodrow Wilson sent federal troops to the state.[22]. The state legislature can propose amendments to the constitution. James Wilson of Pennsylvania objected, stating it would require that state governments enforce slavery at taxpayers' expense. Hi, it looks like JavaScript has been disabled in your browser. (a) The Court of Criminal Appeals shall consist of eight Judges and one Presiding Judge. "The Rule of Law and the States: A New Interpretation of the Guarantee Clause. a. It shall annually select one of its members as Chairman. 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. (13-a) added Nov. 2, 2021.) Amended Nov. 2, 1954; Subsecs. If, after formal hearing, or after considering the record and report of a Master, the Commission finds good cause therefor, it shall issue an order of public admonition, warning, reprimand, censure, or requirement that the person holding an office or position specified in Subsection (6) of this Section obtain additional training or education, or it shall recommend to a review tribunal the removal or retirement, as the case may be, of the person and shall thereupon file with the tribunal the entire record before the Commission. (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. Under the current Texas Constitution, there are ___ members in the Senate and ___ members in the House. Grand and petit juries in the District Courts shall be composed of twelve persons, except that petit juries in a criminal case below the grade of felony shall be composed of six persons; but nine members of a grand jury shall be a quorum to transact business and present bills. In Corfield the circuit court sustained a New Jersey law giving state residents the exclusive right to gather clams and oysters. (TEMPORARY TRANSITION PROVISION for Sec. (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. The Judges of all Courts of county-wide jurisdiction heretofore or hereafter created by the Legislature of this State, and all Criminal District Attorneys now or hereafter authorized by the laws of this State, shall be elected for a term of four years, and shall serve until their successors have qualified. Article IV of the U.S. Constitution is a relatively uncontroversial section that establishes the relationship between states and their disparate laws. (TEMPORARY TRANSITION PROVISION for Sec. (5)-(9) and (11)-(13) amended Nov. 3, 1970; Subsecs. 13: See Appendix, Note 3.). 12. Sec. The state constitution establishes the structure and purpose of the Texas government. 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. Why is some risk not diversifiable? (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. 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. Any person holding an office named in Paragraph A of this subsection who is eligible for retirement benefits under the laws of this state providing for judicial retirement may be involuntarily retired, and any person holding an office named in that paragraph who is not eligible for retirement benefits under such laws may be removed from office, for disability seriously interfering with the performance of his duties, which is, or is likely to become, permanent in nature. 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. Texas voters later decide whether to adopt the proposed amendments. No Person held to Service or Labour 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 Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due. (Added Nov. 6, 1962; amended Nov. 8, 1966, and Nov. 7, 1989.). 15. (TEMPORARY TRANSITION PROVISIONS for Sec. Until otherwise provided, the terms of the County Court shall be held on the first Mondays in February, May, August and November, and may remain in session three weeks. The Supreme Court, Court of Criminal Appeals, and each Court of Appeals shall each appoint a clerk of the court, who shall give bond in the manner required by law, may hold office for four years subject to removal by the appointing court for good cause entered of record on the minutes of the court, and shall receive such compensation as the legislature may provide. (Added Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISION for Sec. Sec. Sec. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. (f) Any city which owns airport facilities not serving certificated airlines which are not purchased or acquired or taken over as herein provided by such Authority shall have the power to operate the same under the existing laws or as the same may hereafter be amended. A Justice, Judge, Master, or Magistrate may appeal a decision of the review tribunal to the Supreme Court under the substantial evidence rule. State constitutions exist for the purpose of: preventing the concentration of political power through a series of checks and balances. (a) The State shall be divided into judicial districts, with each district having one or more Judges as may be provided by law or by this Constitution. (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. (Feb. 15, 1876. e. Article Four of the United States Constitution outlines the relationship between the various states, as well as the relationship between each state and the United States federal government. 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. 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. 6. 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. 12: See Appendix, Note 1.). The Dennison decision was overruled by Puerto Rico v. Branstad (1987); now, the federal courts may require the extradition of fugitives. SUPREME COURT AND COURT OF CRIMINAL APPEALS: LOCATION AND TERM. The project includes digitized images and searchable text versions of the constitutions. Texas Democrats gained control of Congress in 1873 and decided it was time to draft a new constitution for Texas. In addition, the Court of Criminal Appeals may, on its own motion, review a decision of a Court of Appeals in a criminal case as provided by law. (TEMPORARY TRANSITION PROVISION for Sec. (g) added Nov. 4, 1997; Subsec. 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. 14: See Appendix, Note 3. 29. The powers, duties, and records of the office are transferred to the County Sheriff. The ______________ model of leadership emphasizes that leaders have different sorts of relationships with different employees. 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. 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. COUNTY CLERK. Sec. 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