4 of Comanche County. Sec. Ralph dies without having made a will. (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. The seeming ambiguity of the clause has given rise to a number of different interpretations. (b) The Legislature may by law permit the County of Potter (in which the City of Amarillo is partially located) 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 Dollars ($100.00) valuation (in addition to other taxes permitted by this Constitution) upon all property within the county but without the City of Amarillo at the time such levy is made for such purposes. CREATION AND FUNDING OF HOSPITAL DISTRICT IN COUNTY COMMISSIONERS PRECINCT NO. Which idea is contained in both the US and Texas Constitutions? (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. Sec. COUNTY ATTORNEYS; DISTRICT ATTORNEYS. The Fugitive Slave Clause requires the return of fugitive slaves; this clause has not been repealed, but it was rendered moot by the Thirteenth Amendment, which abolished slavery, except in the prison system. (b) Each of said Courts of Appeals shall hold its sessions at a place in its district to be designated by the Legislature, and at such time as may be prescribed by law. The Legislature may authorize the governing body of any county bordering on the Gulf of Mexico or the tidewater limits thereof to regulate and restrict the speed, parking and travel of motor vehicles on beaches available to the public by virtue of public right and the littering of such beaches. 5a: See Appendix, Note 3.). 5: See Appendix, Note 3.). (TEMPORARY TRANSITION PROVISION for Sec. (c) All constitutional and statutory references to the Courts of Civil Appeals shall be construed to mean the Courts of Appeals. Authored by: Kris S. Seago. [17] By ensuring that all states must have the same basic republican philosophy, the Guarantee Clause is one of several portions of the Constitution which mandates symmetric federalism between the states. (Feb. 15, 1876. Amended Aug. 11, 1891, Nov. 6, 1973, and Nov. 5, 1985.). In Corfield v. Coryell, 6 F. Cas. 5b: See Appendix, Note 3.). 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. CREATION AND FUNDING OF HOSPITAL DISTRICTS IN OCHILTREE, CASTRO, HANSFORD, AND HOPKINS COUNTIES. 14, Art. 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. 7: See Appendix, Note 4.). This article makes a personal income tax unlikely in Texas because: registered voters in the state must approve a personal income tax. If the vote is favorable, then admission may be granted to such county or counties by the Board of Directors of the then existing Authority upon such terms and conditions as they may agree upon and evidenced by a resolution approved by two-thirds (2/3rds) of the then existing Board of Directors. (Feb. 15, 1876. (10) All papers filed with and proceedings before the Commission or a Master shall be confidential, unless otherwise provided by law, and the filing of papers with, and the giving of testimony before the Commission or a Master shall be privileged, unless otherwise provided by law. (8) amended Nov. 5, 2013; Subsec. The legislature shall set the maximum tax rate a district may levy. (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. By the end of this section, you will be able to: This section discussesthe Constitution of 1876s role in Texas. What were the goals of the authors of the present Texas Constitution? The Constitution does not explain what exactly constitutes a republican form of government. The exact scope of this clause has long been a matter of debate. Sec. Sec. (c) A district judge shall hold the office for the term of four years and shall receive for the judge's services an annual salary to be fixed by the Legislature. 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. 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. An amendment is a change to the Constitution. The elections must be held on the same day if more than one county is included. Some contend that the clause requires Congress to treat all citizens equally. 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. Article II of the Texas Constitution consists of only a single section, with fewer than 100 words. The Luther v. Borden ruling left the responsibility to establish guidelines for the republican nature of state governments in the hands of the Congress. The United States shall guarantee to every State in this Union a Republican Form of Government, []. (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. In Corfield the circuit court sustained a New Jersey law giving state residents the exclusive right to gather clams and oysters. 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. Sec. Texas voters later decide whether to adopt the proposed amendments. 6: See Appendix, Note 1.). HOSPITAL DISTRICTS: REGULATION OF HEALTH CARE SERVICES. DIVISION OF COUNTIES INTO PRECINCTS; JUSTICES OF THE PEACE AND CONSTABLES; COUNTY COMMISSIONERS AND COUNTY COMMISSIONERS COURT. 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. Amended Aug. 11, 1891, Nov. 4, 1930, Nov. 4, 1980, and Nov. 6, 2001.) A major issue early in the 20th century was whether the whole Constitution applied to the territories called insular areas by Congress. Oregon. The Dennison decision was overruled by Puerto Rico v. Branstad (1987); now, the federal courts may require the extradition of fugitives. If you would like to locate a library book, access the library catalog. (TEMPORARY TRANSITION PROVISIONS for Sec. (f) Nov. 6, 2001.). (g) redesignated as Subsec. (TEMPORARY TRANSITION PROVISION for Sec. The review tribunal, in an order for involuntary retirement for disability or an order for removal, may prohibit such person from holding judicial office in the future. (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. OFFICERS CONSTITUTING EXECUTIVE DEPARTMENT. 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. 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. (f) In addition to the statewide reapportionment, the board may reapportion the judicial districts of the state as the necessity for reapportionment appears by redesignating, in one or more reapportionment orders, the county or counties that comprise the specific judicial districts affected by those reapportionment orders. (TEMPORARY TRANSITION PROVISION for Sec. What is the principle of diversification? (Feb. 15, 1876. Sec. COUNTY COURTS: TERMS OF COURT; PROBATE BUSINESS. The Privileges and Immunities Clause requires interstate protection of "privileges and immunities," preventing each state from treating citizens of other states in a discriminatory manner. Amended Aug. 11, 1891, Nov. 8, 1977, and Nov. 4, 1980.). 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. The union between Texas and the other States was as complete, as perpetual, and as indissoluble as the union between the original States. The Texas Constitutional Convention of 1875 met in Austin with the purpose of replacing the Constitution of 1869; it was believed that the new constitution should restrict the state government and hand the power back to the people. 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. (a), (c), and (e) amended Nov. 2, 1999.) SUPREME COURT AND COURT OF CRIMINAL APPEALS: LOCATION AND TERM. 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. When, as a result of a change of precinct boundaries, a vacancy occurs in the office of Justice of the Peace or Constable, the Commissioners Court shall fill the vacancy by appointment until the next general election. The Constitution of the United States contains a preamble and seven articles that describe the way the government is structured and how it operates. [5] This clause was rendered mostly moot when the Thirteenth Amendment abolished slavery. LEGAL CHALLENGES TO CONSTITUTIONALITY OF STATE STATUTES. Said court shall dispose of probate business either in term time or vacation, under such regulation as may be prescribed by law. 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. The United States shall guarantee to every state in this Union a republican form of,! Law giving state residents the exclusive right to gather clams and oysters, with fewer than 100 words because! Court of CRIMINAL Appeals: LOCATION and TERM the PEACE and CONSTABLES ; COUNTY COMMISSIONERS COURT consists of only single... 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