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. OFFICERS CONSTITUTING EXECUTIVE DEPARTMENT. The County Court shall hold at least four terms for both civil and criminal business annually, as may be provided by the Legislature, or by the Commissioners Court of the county under authority of law, and such other terms each year as may be fixed by the Commissioners Court; provided, the Commissioners Court of any county having fixed the times and number of terms of the County Court, shall not change the same again until the expiration of one year. 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 county or counties that may be so added to the then existing Authority shall be given representation on the Board of Directors by adding additional directors in proportion to their population according to the last preceding Federal Census. In trials of civil cases in the District Courts, nine members of the jury, concurring, may render a verdict, but when the verdict shall be rendered by less than the whole number, it shall be signed by every member of the jury concurring in it. There shall be elected by the qualified voters of each county a Sheriff, who shall hold his office for the term of four years, whose duties, qualifications, perquisites, and fees of office, shall be prescribed by the Legislature, and vacancies in whose office shall be filled by the Commissioners Court until the next general election. COUNTY-WIDE HOSPITAL DISTRICTS IN CERTAIN LARGE COUNTIES. (f) Nov. 6, 2001.). James Wilson of Pennsylvania objected, stating it would require that state governments enforce slavery at taxpayers' expense. JURISDICTION OF SUPREME COURT. (13-a) The Commission may accept complaints or reports, conduct investigations, and take any other action authorized by this section with respect to a candidate for an office named in Subsection (6)(A) of this section in the same manner the Commission is authorized to take those actions with respect to a person holding that office. 6. 14: See Appendix, Note 3. The bonds may not be issued or such tax be levied until approved by such voters. The Property Clause grants Congress the power to make laws for the territories and other federal lands. This disqualification of judges of inferior tribunals shall be remedied and vacancies in their offices filled as may be prescribed by law. 6: See Appendix, Note 1.). 8, Art. Before admission to the Union, Texas, as an independent nation, controlled water within three miles of the coast, the normal limit for nations. Table 2.2 Articles of the Texas Constitution of 1876, The Texas Constitution's Bill of Rights Similar civil liberties and civil rights as in the U.S. Constitutions Bill of Rights, Establishes three branches of government with separation of powers, Specifics about the Texas Judicial system, -any convicted felon who has not completed their sentence, or. The property of state regulated common carriers required by law to pay a tax upon intangible assets shall not be subject to taxation by the Authority. (TEMPORARY TRANSITION PROVISION for Sec. (2) prescribe a reasonable period, which may not exceed 45 days, after the provision of that notice during which the court may not enter a judgment holding the statute unconstitutional. (Feb. 15, 1876. The Presiding Judge, under rules established by the court, shall convene the court en banc for the transaction of all other business and may convene the court en banc for the purpose of hearing cases. Sec. 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. When first adopted, this clause applied to fugitive slaves and required that they be extradited upon the claims of their masters, but it provided no means for doing so. (14) The Legislature may promulgate laws in furtherance of this Section that are not inconsistent with its provisions. The Legislature shall pass laws regulating the manner of removing county seats, but no county seat situated within five miles of the geographical centre of the county shall be removed, except by a vote of two-thirds of all the voters voting on the subject. Article Seven, the last and shortest of the Constitution's original articles, stipulated that the Constitution, before it could become established as the "Law of the Land", must obtain the consent of the people by being ratified by popular conventions within the several states. 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. The Framers added a process for amending, or changing, the Constitution in Article V. Since 1789, the United States has added 27 amendments to the Constitution. (h) added Nov. 5, 2002.) (6) A. (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. In the event of a vacancy in the appointed membership, the vacancy is filled for the unexpired term in the same manner as the original appointment. (f) deleted, and Subsec. County judges, county attorneys, clerks of the district and county courts, justices of the peace, constables, and other county officers, may be removed by the judges of the district courts for incompetency, official misconduct, habitual drunkenness, or other causes defined by law, upon the cause therefor being set forth in writing and the finding of its truth by a jury. 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. 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. However, the Supreme Court, in Texas v. White (1869), held that a state cannot unilaterally do so. Any county now existing may be reduced to an area of not less than seven hundred square miles by a like two-thirds vote. 5a: See Appendix, Note 3.). (d) A District Court shall conduct its proceedings at the county seat of the county in which the case is pending, except as otherwise provided by law. 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. In Luther v. Borden,[19] the Court held that the determination of whether a state government is a legitimate republican form as guaranteed by the Constitution is a political question to be resolved by the Congress. CLERK OF DISTRICT COURT. A project created by ISKME. Sec. (TEMPORARY TRANSITION PROVISION for Sec. Therefore, under the Territorial clause, Congress had the power to determine which parts of the Constitution applied to the territories. The Guarantee Clause mandates that United States guarantee that all states have a "republican form of government," though it does not define this term. 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. When a judge of the District Court is disqualified by any of the causes above stated, the parties 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. Find out from TexPlainer at the Texas Tribune. Since the 1987 case of Puerto Rico v. Branstad, federal courts may also use the Extradition Clause to require the extradition of fugitives. 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. Notwithstanding the population requirements of this subsection, Chambers County and Randall County, from time to time, for the convenience of the people, shall be divided into not less than two and not more than six precincts. (b) An indictment is a written instrument presented to a court by a grand jury charging a person with the commission of an offense. District Court judges shall have the power to issue writs necessary to enforce their jurisdiction. Justify your answer. COURTS OF APPEALS; JUSTICES; JURISDICTION. The legislature shall set the maximum tax rate a district may levy. (b) The Legislature shall provide for the option by the governing body of the city or cities whose airport facilities are served by certificated airlines and whose facility or some interest therein, is proposed to be or has been acquired by the Authority, to either appoint or elect a Board of Directors of said Authority. 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. REMOVAL OF COUNTY SEATS. 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. The United States shall guarantee to every State in this Union a Republican Form of 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. The Radical Republican majority used this clause as the basis for taking control of the ex-Confederate states and for promoting civil rights for freedmen, plus the limiting of political and voting rights for ex-Confederates, abolishing the ex-Confederate state governments, setting guidelines for the readmission of the rebellious states into the Union. What is the principle of diversification? (Feb. 15, 1876. The Master shall have all the power of a District Judge in the enforcement of orders pertaining to witnesses, evidence, and procedure. 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