Constitution of Texas

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The Constitution of the State of Texas is a document that describes the structure and function of the government of the state of Texas in the US.

The present document entered into force on 15 February 1876, and is the seventh constitution (including the Mexican Constitution) in Texas history. Six were previously adopted in 1827 (while Texas was still part of Mexico), 1836 (as the Republic of Texas), 1845, 1861, 1866 and 1869.

The current constitution is one of the oldest state constitutions in the United States. From 1876 to 2015 the legislature proposed 673 constitutional amendments, of which 491 were approved by the electorate and 179 were defeated.

Most of the amendments are due to the very limiting nature of the document: the State of Texas has only the power explicitly granted to it by the Constitution. However, in spite of its length, it is not nearly as long as the Alabama Constitution (which has been changed over 800 times even though it was adopted 25 years after the current Texas constitution) or the California Constitution (which, due to allowing amendments through the initiative, is often revised).

Like many state constitutions, it explicitly regulates the separation of powers and incorporates the draft rights law directly into the constitutional text (such as Article I). This right bill is much longer and more detailed than the federal Bill of Rights, and includes some special provisions for Texas.

Video Constitution of Texas

Artikel Konstitusi Texas tahun 1876

Pasal 1: "Bill of Rights"

Article 1 is the draft law on the rights of the Constitution of Texas. The article initially contains 29 sections; four sections have been added. Some of the article's provisions concern fundamental limitations that are specific to the strength of the country.

The provisions of the Texas Constitution apply only to the Texas government. However, a number of provisions of the US Constitution also apply to states, under the 14th Amendment of the US Constitution Process Clause.

Section 4 is intended to prohibit office holders from any religious test requirement, provided they "recognize the existence of the Most High". This is contrary to the US Constitution's No Religion Test Clause, and is almost certainly not enforceable if challenged, as South Carolina requirements are similar in Silverman v. Campbell , and Maryland's wider restrictions on Torcaso v. Watkins .

Section 32 rejects state recognition for same-sex unions, a practice that is refreshed as a consequence of Obergefell v. Hodges .

Article 2: "Powers of Government"

Article 2 regulates the separation of powers from the legislative, executive, and judicial branches of the state government, which prohibit any branch of any other power encroachment.

Article 3: "Legislative Department"

Article 3 legitimizes the legislative power of the state in the "Legislature of the State of Texas", comprising the Senate and the House of Representatives. It also includes the qualifications required by senators and representatives, and organizes many details of the legislative process. This article contains many substantive restrictions on legislative power and a large number of exceptions to those restrictions.

As with the Constitution of the United States, the house may come from a bill (Section 31), but the bill to increase revenue should come from the House (Section 33).

Section 39 allows the Bill to take effect immediately upon the Governor's signature if the bill passes the two assemblies in two-thirds, unless otherwise stated in the bill. If the bill does not pass by this majority applies on the first day of the next fiscal year (September 1).

The greatest part of this article is Section 49 ("State Debt"), which includes 30 separate sub-sections (including two sub-sections added in 2003 and both are oddly numbered "49-n"). Section 49 limits the legislative power to issue debt only for certain purposes as contained in the Constitution; to allow the Legislature to issue debt for purposes that are not mentioned many changes to this section should be added and selected by people. In addition, Section 49a requires the Texas Public Account Controller to state the amount of cash available at hand and the anticipated income for the next two years; no appropriations may exceed this amount (except in cases of emergency, and then only by a four-fifth vote of both chambers), and the Supervisor is required to refuse and return to the Legislature any seizure in violation of these terms. Section 49-g creates the country's "State Day of the Rain" (technically called Economic Stabilization Fund ).

Article 4: "Executive Department"

Article 4 describes the powers and duties of the Governor, Lieutenant Governor, Secretary of State, Financial Supervisor, Commissioner of the Public Land Office, and the Attorney General. With the exception of the Secretary of State, the above officials are directly elected in what is known as the "plural executives" system. (Although Texas Agriculture Commissioner is also elected directly, it is the result of legislative action, not a Constitutional requirement.)

Under Section 16 of this article, the Lieutenant Governor automatically assumes the Governor's powers if and when the Governor travels outside the country.

Article 5: "Department of Justice"

Article 5 describes the composition, powers and jurisdiction of the state Supreme Court, Criminal Court of Appeal, and District, District and Commissioners Courts, as well as the Court of Justice of Peace.

Article 7: "Education"

This article also discusses the creation and maintenance of the Permanent University Fund (Sections 11, 11a, and 11b) and mandates the establishment of "First class university" (Section 10) to be called The University of Texas, as well as "Department of Agriculture, and Mechanics" (Section 13, University of Texas A & M at this time, opened seven years before UT); it also sets Prairie View A & amp; M University in Section 14.

Article 8: "Taxation and Revenue"

There are no such restrictions on the imposition of corporate income taxes or similar taxes; May 2006 Legislature replaces existing franchise tax with gross acceptance tax. Article 9: "Counties"

Article 9 provides rules for the creation of districts (now 254) and to determine the location of district seats. It also includes provisions on the creation of district districts' hospitals in specific districts, as well as other provisions on airport and mental health.

Article 10: "Railroads"

Article 10 contains one section which states that railroads are considered "public highways" and rail operators "public carriers". The other eight sections were lifted in 1969.

Article 11: "City Corporations"

Article 11 recognizes districts as legitimate political subunits of the state, gives certain powers to cities and districts, empowers the legislature to form a school district.

Texas operates under the Dillon Rules: special districts and districts are not granted house rules, while municipalities and school districts have privileges only in the limited instances specified below.

Sections 4 and 5 discuss urban operations by population. Section 4 states that a city with a population of 5,000 or less only has the power granted to him by general law; Section 5 allows a city, after its population exceeds 5,000, to adopt a charter under the government of origin provided the charter does not contradict the limits placed by the Texas Constitution or general law (cities may change to maintain the status of house rules even if the population then falls to 5,000 or less).

The school district may adopt house rules, but no one chooses to do so.

Article 12: "Private Enterprise"

Article 12 contains two parts which direct the Legislature to make general laws for the formation of private enterprises and prohibit the formation of private enterprises by special law. Four other parts were repealed in 1969, and the fifth part in 1993. Article 13: "Spanish and Mexican Land Title"

Article 13 sets out provisions for titles of Spanish and Mexican lands from the Mexican War Era to please the Mexican government. This article was completely revoked in 1969.

> Article 14:" Land and Public Land Office "

Article 14 contains one section forming the Office of Public Land and the office of the Public Land Office commissioner. The other seven parts were repealed in 1969.

Article 15:" Impeachment "

Article 16: "General Provisions"

Article 16 contains other provisions, including interest rate limits, civil penalties for murder, and penalties for bribery.

Section 28 prohibits salary deduction, except for partner care and child benefit payments (however, this does not limit Federal deductions for items such as student loan payments or income taxes).

Section 37 provides constitutional protection for mechanical lien.

Section 50 provides protection against the homestead of forced sales to repay debt, except for the seizure of debt relating to the homes (mortgages, taxes, mechanical liens, and home equity loans including home equity loans). This section also places special restrictions on home equity loans and lines of credit (Texas being the last country to enable them), sections:

• limit the amount of home equity loans, when combined with all other loans against the home, no more than 80 per cent of the fair market value of the house at the time of the loan,
• requires that the down payment on the home equity credit line be at least $ 4,000 (even if the borrower wants to borrow less than that amount, though nothing prohibits the borrower from immediately repaying the credit with a portion of the down payment),
• requires a wait time of 14 days before any loan or line of credit is effective (on initial loan, subsequent loans to the credit line can still be done in a shorter period of time), and
• places a limit on where the closure may occur.

Although Texas is a work-worthy state, such protection is governed by law; the state has no constitutional provisions relating to the right to work.

Article 17: "Mode amendments to this State Constitution"

Despite the large number of amendments (and proposed amendments) that have been the Texas Constitution since its inception, the only method of amending the Constitution prescribed by Article 17 is through the Legislature, subject to the approval of the electorate. The Constitution does not provide amendment by any initiative, constitutional convention, or any other means. The 1974 Constitution Convention requires voters to amend the Constitution to add a separate section to this Article; The section was later revoked in 1999.

This section also sets out specific details to inform the public about the election to approve the amendment. This requires that legislatures publish notices in official newspapers that briefly summarize each amendment and show how each amendment will be described on the ballot. It also requires that the full text of each amendment be posted in each district court at least 50 days (but not more than 60 days) before the election date.

After an amendment passes, it is compiled into an existing framework (ie, text added or removed), unlike the United States Constitution.

Maps Constitution of Texas

Attempts on revision

Due to the state's constitutional disconnect, there is an attempt to draft a new constitution or revise the existing one significantly:

• The most successful attempt was made in 1969, when 56 separate unspecified provisions (including all of Article 13 and 22 of the whole section of Articles 10, 12, and 14) were revoked.
• In 1971 the Texas Legislature was placed at the November 1972 ballot and the Amendment requested the Legislature to meet in January 1974 for 90 days as a constitutional convention, for the purpose of drafting the new Constitution of the country. The move was enacted (thus adding Section 2 to Section 17: the section was subsequently revoked in November 1999) and the Legislature met. However, even with an additional 60 days added to the session, the convention failed with only three votes to file a new constitution.
• In 1975, the Legislature, meeting in regular sessions, revived most of the work of the 1974 convention and proposed it as a set of eight amendments to the existing constitution. All eight of the amendments were rejected by the electorate (in 250 states 254 districts, all eight amendments were defeated; only on Duval and County Webb which did all eight amendments passed).
• In 1979, the Legislature placed on the ballots of four amendments stemming from the 1974 convention; three of which are approved by voters:
  • One amendment creates a single "tax assessment district" property in each county for the purpose of providing uniform assessment values ​​for all property in an area applicable to all taxation authorities (previously, any authority taxation assesses properties individually and often does so at different values ​​between authorities)
  • Other amendments are granted to the jurisdiction of the Court of Appeals Court of Texas Court (previously, the Court only has jurisdiction over civil cases, although the death penalty case still passes this level)
  • The last amendment gave limited authority to the Texas Governor to remove the designated state officials.
• In 1995, Senator John Montford drafted a slender constitution similar to the 1974 version. However, Montford resigned from his chair to become chancellor of the Texas Tech University System, and his initiative subsequently died. Later that year, voters approved an amendment that abolished the State Treasurer's office and transferred his duties to the Texas Accounting Public Account office.
In 1998, a bipartisan effort (led by Republican Sen. Bill Ratliff and Democratic Representative Rob Junell) produced a rewritten Constitution, with the help of students from Angelo State University (Junell district including San Angelo area). The second draft was submitted to the 76th Legislative, but failed to gain support on the committee.

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History

On March 1, 1845, the United States imposed a joint resolution of the Congress proposing Texas annexation to the United States (Joint Resolution to annex Texas to the United States, J.Res. 8, set 1 March 1845, 5 Stat 797). On June 23, 1845, the Texas Congress accepted a joint US Congress resolution, and approved the call of President Jones's convention to be held on July 4, 1845. A Texas convention disputed the annexation offer and almost unanimously endorsed a law which commenced on July 4, 1845. The convention debated until August 28, and adopted the Constitution of the State of Texas on August 27, 1845. The Texans approved the new annexation and constitution rules of October 13, 1845. On December 29, 1845, the United States recognized the State of Texas to Union (Joint Resolution for State Recognition part of Texas into Union, J.Res.. 1, enacted December 29, 1845, 9 Stat. 108).

On June 17, 1865, President Andrew Johnson appointed Andrew Jackson Hamilton as the country's temporary civilian governor and directed him to hold a restricted constitutional convention for faithful Americans. The referendum was held on 25 June 1866, in accordance with the law which took effect on 29 March, for the ratification of amendments filed by the convention.

Source of the article : Wikipedia