1. (c) The legislature may delegate to the Supreme Court or Court of Criminal Appeals the power to promulgate such other rules as may be prescribed by law or this Constitution, subject to such limitations and procedures as may be provided by law. Said court shall dispose of probate business either in term time or vacation, under such regulation as may be prescribed by law. 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. Sec. District Attorneys shall hold office for a term of four years, and until their successors have qualified. Amended Nov. 2, 1954; Subsecs. (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. ___ that was previously declared dormant." 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. Sec. Sec. 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. (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. This article makes a personal income tax unlikely in Texas because: registered voters in the state must approve a personal income tax. To pass requirements made by the so-called Radical Republicans in the US Congress. COUNTY COURTS: JURISDICTION; COUNTY JUDGE POWERS; DISQUALIFICATION OF COUNTY JUDGE. JUDICIAL DISTRICTS BOARD; REAPPORTIONMENT OF JUDICIAL DISTRICTS. Portion of the US Constitution regarding states, Article Four of the United States Constitution, Smith, Thomas A. Since 1876, the legislature has proposed hundreds of amendments, the majority of which have been adopted by voters. However, the Commission may issue a public statement through its executive director or its Chairman at any time during any of its proceedings under this Section when sources other than the Commission cause notoriety concerning a Judge or the Commission itself and the Commission determines that the best interests of a Judge or of the public will be served by issuing the statement. 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. Sec. Who were the framers of the Constitution? The Supreme Court has held that it is not compulsory for the fugitive to have fled after an indictment was issued, but only that the fugitive fled after having committed the crime. Therefore, under the Territorial clause, Congress had the power to determine which parts of the Constitution applied to the territories. The review tribunal shall review the record of the proceedings on the law and facts and in its discretion may, for good cause shown, permit the introduction of additional evidence. It was feared that the political power of future new western states would eventually overwhelm that of the established eastern states. The current constitution took effect on February 15, 1876. (Feb. 15, 1876. However, the Supreme Court, in Texas v. White (1869), held that a state cannot unilaterally do so. Amended Aug. 11, 1891, Nov. 8, 1977, and Nov. 4, 1980.). (Added Nov. 2, 1948; Subsecs. Copyright 2023 by the Texas State Law Library. RETIREMENT, COMPENSATION, DISCIPLINE, AND REMOVAL OF JUSTICES AND JUDGES; STATE COMMISSION ON JUDICIAL CONDUCT. [15], Pursuant to a parallel clause in Article One, Section Eight, the Supreme Court has held that states may not tax such federal property. Revision and Adaptation. 11. What determines who gets what? Congress may regulate the manner in which proof of such acts, records or proceedings may be admitted. 18: See Appendix, Note 3.). Instead, by entering the Union, Texas was found to have surrendered control over the water and the soil under it to Congress. (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. (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. 28: See Appendix, Note 3.). If you would like to locate a library book, access the library catalog. What role do you feel Hyundai's 10-year, 100,000 -mile warranty played in its turnaround? 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. The project includes digitized images and searchable text versions of the constitutions. Sec. Sec. 8. (c) 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. Which idea is contained in both the US and Texas Constitutions? CLERKS OF APPELLATE COURTS. DISQUALIFICATION OF JUDGES; EXCHANGE OF DISTRICTS; HOLDING COURT FOR OTHER JUDGES. AUTHORITY OF COASTAL COUNTIES TO REGULATE MOTOR VEHICLES AND LITTERING ON BEACHES. 14: see Appendix, Note 3.). By the end of this section, you will be able to: This section discussesthe Constitution of 1876s role in Texas. (c) Subject to such regulations as may be prescribed by law, the Court of Criminal Appeals and the Judges thereof shall have the power to issue the writ of habeas corpus, and, in criminal law matters, the writs of mandamus, procedendo, prohibition, and certiorari. Pierce Butler and Charles Pinckney, both from South Carolina, submitted this clause to the Constitutional Convention. 13: See Appendix, Note 3.). (12) No person holding an office specified in Subsection (6) of this Section shall sit as a member of the Commission in any proceeding involving his own suspension, discipline, censure, retirement or removal. Sec. HOSPITAL DISTRICTS: REGULATION OF HEALTH CARE SERVICES. For instance the Supreme Court struck down a provision which limited the jurisdiction of the state of Alabama over navigable waters within the state. AIRPORT AUTHORITIES. (TEMPORARY TRANSITION PROVISIONS for Sec. The legislature may delegate any of these powers to the board. 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. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. (Feb. 15, 1876. 11. 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. Alabama is, therefore, entitled to the sovereignty and jurisdiction over all the territory within her limits to maintain any other doctrine, is to deny that Alabama has been admitted into the union on an equal footing with the original states to Alabama belong the navigable waters and soils under them. Why were the protections for slavery that were included in the Constitution of 1836 noteworthy? The Legislature shall provide for transfer of title to properties to the district. 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. The Court held. 14 repealed Nov. 5, 1985; current Sec. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. Amended Nov. 2, 1999.) (Added Nov. 6, 2001.) (a) All judges of courts of this State, by virtue of their office, are conservators of the peace throughout the State. That phrase incorporates all acts prohibited by the laws of a state, including misdemeanors and small, or petty, offenses. One of them brought suit in federal court, arguing that Rhode Island's government was not "republican" in character, and that his arrest (along with all of the government's other acts) was invalid. QUESTIONS OF STATE LAW CERTIFIED FROM FEDERAL APPELLATE COURT. Amended Nov. 7, 1978, and Nov. 5, 1985.). In 1864, during the Civil War, an effort to repeal this clause of the Constitution failed. The Legislature may by general or special law provide for the creation, establishment, maintenance and operation of hospital districts composed of one or more counties or all or any part of one or more counties with power to issue bonds for the purchase, construction, acquisition, repair or renovation of buildings and improvements and equipping same, for hospital purposes; providing for the transfer to the hospital district of the title to any land, buildings, improvements and equipment located wholly within the district which may be jointly or separately owned by any city, town or county, providing that any district so created shall assume full responsibility for providing medical and hospital care for its needy inhabitants and assume the outstanding indebtedness incurred by cities, towns and counties for hospital purposes prior to the creation of the district, if same are located wholly within its boundaries, and a pro rata portion of such indebtedness based upon the then last approved tax assessment rolls of the included cities, towns and counties if less than all the territory thereof is included within the district boundaries; providing that after its creation no other municipality or political subdivision shall have the power to levy taxes or issue bonds or other obligations for hospital purposes or for providing medical care within the boundaries of the district; providing for the levy of annual taxes at a rate not to exceed seventy-five cents (75) on the One Hundred Dollar valuation of all taxable property within such district for the purpose of meeting the requirements of the district's bonds, the indebtedness assumed by it and its maintenance and operating expenses, providing that such district shall not be created or such tax authorized unless approved by a majority of the qualified voters thereof voting at an election called for the purpose; and providing further that the support and maintenance of the district's hospital system shall never become a charge against or obligation of the State of Texas nor shall any direct appropriation be made by the Legislature for the construction, maintenance or improvement of any of the facilities of such district. (a) The state shall be divided into courts of appeals districts, with each district having a Chief Justice, two or more other Justices, and such other officials as may be provided by law. With a majority vote, the amendment is ratified. JUDICIAL POWER VESTED IN COURTS; LEGISLATIVE POWER REGARDING COURTS. 1-86-NARA-NARA or 1-866-272-6272, Browse Teaching Resources for the Revolutionary Era. The doctrine, however, can also be applied to the detriment of states, as occurred with Texas. 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. 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article 4 of the texas constitution creates quizlet