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. 1-a: See Appendix, Note 3.). The District Court shall have appellate jurisdiction and general supervisory control over the County Commissioners Court, with such exceptions and under such regulations as may be prescribed by law. QUESTIONS OF STATE LAW CERTIFIED FROM FEDERAL APPELLATE COURT. The seeming ambiguity of the clause has given rise to a number of different interpretations. (Feb. 15, 1876. 9B. 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. Any person holding an office specified in this subsection may be suspended from office with or without pay by the Commission immediately on being indicted by a State or Federal grand jury for a felony offense or charged with a misdemeanor involving official misconduct. COURTS OF APPEALS; JUSTICES; JURISDICTION. Amended Nov. 2, 1954, and Nov. 2, 1993.). (5)-(9) and (11)-(13) amended Nov. 3, 1970; Subsecs. 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. 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. Article Four also requires the United States to protect each state from invasion, and, at the request of a state, from "domestic violence.". 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. (TEMPORARY TRANSITION PROVISION for Sec. ), (TEMPORARY TRANSITION PROVISIONS for Sec. ), (TEMPORARY TRANSITION PROVISION for Sec. The concurrence of a majority of the judges sitting in a section is necessary to decide a case. [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. 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. Salary. (f) Nov. 6, 2001.). 8, Art. All the obligations of perpetual union, and all the guaranties of republican government in the Union, attached at once to the State. (e) and (f) added Nov. 3, 1987; Subsecs. (a) amended Nov. 2, 1999.) (Feb. 15, 1876. The commissioners court may reinstate an office of constable declared dormant by vote of the commissioners court or by calling an election in the precinct to reinstate the office. The current constitution took effect on February 15, 1876. (h) The commissioners court of a county may declare the office of constable in a precinct dormant if at least seven consecutive years have passed since the end of the term of the person who was last elected or appointed to the office and during that period of time no person was elected to fill that office, or during that period a person was elected to that office, but the person failed to meet the qualifications of that office or failed to assume the duties of that office. Any person holding such office may be disciplined or censured, in lieu of removal from office, as provided by this section. 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. Authored by: Kris S. Seago. (Added Nov. 2, 1954; amended Nov. 2, 1999.) 8: See Appendix, Note 1.). Said Justices shall be elected by the qualified voters of their respective districts at a general election, for a term of six years and shall receive for their services the sum provided by law. Provided, however, that no district shall be created by special law except after thirty (30) days' public notice to the district affected, and in no event may the Legislature provide for a district to be created without the affirmative vote of a majority of the qualified voters in the district concerned. (Added Nov. 8, 1960; Subsec. (7) The Commission shall keep itself informed as fully as may be of circumstances relating to the misconduct or disability of particular persons holding an office named in Paragraph A of Subsection (6) of this Section, receive complaints or reports, formal or informal, from any source in this behalf and make such preliminary investigations as it may determine. They differed from provisions in the 1827 Constitution of Coahuila y Tejas. Sec. Sec. What role do you feel Hyundai's 10-year, 100,000 -mile warranty played in its turnaround? 1-A. He shall receive as compensation for his services such fees and perquisites as may be prescribed by law. Texans to decide whether to update their aging constitution. (h) added Nov. 5, 2002.) (Added Nov. 4, 1958; Subsecs. [21], The doctrine was later limited in Baker v. Carr (1962), which held that the lack of state legislative redistricting to be justiciable.[21]. 27: See Appendix, Note 3.). Under the current Texas Constitution, there are ___ members in the Senate and ___ members in the House. 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. Amended Nov. 2, 1954, and Nov. 2, 1999.) In effect, the court held the clause to be nonjusticiable. Additionally, the clause also proclaims that nothing contained within the Constitution may be interpreted to harm (prejudice) any claim of the United States, or of any particular State. (f) deleted, and Subsec. What happens to the standard deviation of return for a portfolio if we increase TERM OF OFFICE OF JUDGES OF COUNTY-WIDE COURTS AND OF CRIMINAL DISTRICT ATTORNEYS. State of Texas | Statewide Search | Report Fraud in Texas | Texas Statutes, Site Map | Library Policies | Accessibility | Employment Opportunities, 205 West 14th Street, Austin, Texas 78701-1614. 21. 5. Justify your answer. Anna M. Tinsley. 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. OFFICERS CONSTITUTING EXECUTIVE DEPARTMENT. 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. That phrase incorporates all acts prohibited by the laws of a state, including misdemeanors and small, or petty, offenses. (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. 5a: See Appendix, Note 3.). GRAND AND PETIT JURIES IN DISTRICT COURTS: COMPOSITION AND VERDICT. (Feb. 15, 1876. An amendment is a change to the Constitution. A project created by ISKME. 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. Since 1876, the legislature has proposed hundreds of amendments, the majority of which have been adopted by voters. COUNTY COURTS: TERMS OF COURT; PROBATE BUSINESS. The Constitution of the United States contains a preamble and seven articles that describe the way the government is structured and how it operates. Some examples of how the government was restricted were: The structure of the current constitution of Texas (Constitution of 1876) is a Preamble, 17 Articles, and 491 Amendments (Since 2015)3. 3a: See Appendix, Note 3.). 4 of Comanche County, Texas. SUPREME COURT AND COURT OF CRIMINAL APPEALS: LOCATION AND TERM. A political crisis in 1840s Rhode Island, the Dorr Rebellion, forced the Supreme Court to rule on the meaning of this clause. The case prohibited the entering upon the public lands of the United States and removing wild burros under the New Mexico Estray Law.[16]. Why were the protections for slavery that were included in the Constitution of 1836 noteworthy? 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. (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. (TEMPORARY TRANSITION PROVISION for Sec. 7. At the time, the Rhode Island constitution was the old royal charter established in the 17th century. Sec. (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. (5) reside in the district during the judge's term of office. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. 312 (1839), the court heard a case where one party obtained a judgment in South Carolina and sought to enforce it in Georgia, which had a statute of limitations that barred actions on judgments after a certain amount of time had passed since the judgment was entered. (Feb. 15, 1876. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote. EXECUTIVE DEPARTMENT Sec. The Master shall have all the power of a District Judge in the enforcement of orders pertaining to witnesses, evidence, and procedure. (Feb. 15, 1876. (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. $143,750 (2019) [1] Website. 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. It also forbids the creation of new states from parts of existing states without the consent of the affected states and Congress. The rights of an incumbent so retired to retirement benefits shall be the same as if his retirement had been voluntary. Oregon. (Feb. 15, 1876. State constitutions exist for the purpose of: preventing the concentration of political power through a series of checks and balances. 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. (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. 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. CREATION AND FUNDING OF HOSPITAL DISTRICTS IN OCHILTREE, CASTRO, HANSFORD, AND HOPKINS COUNTIES. County Courts in existence on the effective date of this amendment are continued unless otherwise provided by law. The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence. 1-86-NARA-NARA or 1-866-272-6272, Browse Teaching Resources for the Revolutionary Era. Butler withdrew the clause. However, in McElmoyle v. Cohen, 38 U.S. (13 Pet.) (4) Commissioners shall receive no compensation for their services as such. Amended Nov. 2, 1999.) 2. 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. (a) The legislature shall prescribe by law the qualifications of grand jurors and petit jurors. 17. (TEMPORARY TRANSITION PROVISION for Sec. (a) amended Nov. 5, 1985, Nov. 3, 1987, and Nov. 7, 1995; Subsecs. It also empowers Congress to admit new states and administer the territories and other federal lands . The bonds may not be issued or such tax be levied until approved by such voters. If the Board of Directors is elected they shall be elected by the qualified voters of the county which chooses to elect the Directors to represent that county. 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. (2), (5)-(10), and (12) amended Nov. 8, 1977; Subsecs. Sec. 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. 8. The County Judge is the presiding officer of the County Court and has judicial functions as provided by law. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. 9: See Appendix, Note 1.). The state legislature can propose amendments to the constitution. 10. 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. 13: See Appendix, Note 3.). The structure of the current constitution of Texas (Constitution of 1876) is a Preamble, 17 Articles, and 491 Amendments (Since 2015) 3. Texas State Library and Archives Commission.The 1870s: The Constitutional Convention of 1875, Revision and Adaptation. When the judge of the County Court is disqualified in any case pending in the County Court the parties interested may, by consent, appoint a proper person to try said case, or upon their failing to do so a competent person may be appointed to try the same in the county where it is pending in such manner as may be prescribed by law. 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. (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. The Full Faith and Credit Clause requires states to extend "full faith and credit" to the public acts, records and court proceedings of other states. An information is a written instrument presented to a court by an attorney for the State charging a person with the commission of an offense. Sec. And it was final. 4 of Comanche 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. Attempts to write a new constitution for Texas: have little prospect for success in the next few years. CREATION AND FUNDING OF HOSPITAL DISTRICTS IN CITY OF AMARILLO, WICHITA COUNTY, AND JEFFERSON COUNTY. Amended Aug. 11, 1891, Nov. 7, 1978, Nov. 4, 1980, Nov. 5, 1985, and Nov. 6, 2001.) (TEMPORARY TRANSITION PROVISION for Sec. They seized the opportunity to undo the hated 1869 acts. 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. SUPREME COURT; JUSTICES. James Wilson of Pennsylvania objected, stating it would require that state governments enforce slavery at taxpayers' expense. Sec. 9. (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. 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