Misplaced Pages

#564435

48-498: After destructive floods occurred in 1929 and 1935, residents of Harris County advocated for relief of flooding issues. The 45th Texas Legislature established the flood district on April 23, 1937, and the Harris County Commissioners Court was designated as the district's governing body. The Magnolia Bridge was found responsible for the devastating flooding in 1935. This Texas -related article

96-601: A gross receipts tax . Article 9 provides rules for the creation of counties ( now numbering 254 ) and for determining the location of county seats. It also includes several provisions regarding the creation of county-wide hospital districts in specified counties, as well as other miscellaneous provisions regarding airports and mental health. Article 10 contains a single section declaring that railroads are considered "public highways" and railroad carriers " common carriers ". Eight other sections were repealed in 1969. Article 11 recognizes counties as legal political subunits of

144-612: A city with a population of 5,000 or fewer has only those powers granted to it by general law; Section 5 permits a city, once its population exceeds 5,000, to adopt a charter under home rule provided the charter is not inconsistent with limits placed by the Texas Constitution or general law (the city may amend to maintain home rule status even if its population subsequently falls to 5,000 or fewer). School districts may adopt home rule regardless of size, but none have chosen to do so. Article 12 contains two sections directing

192-485: A large number of exceptions to those limitations. Two-thirds (2/3) of the elected members in either chamber constitutes a quorum to do business therein (Section 10), contrary to the provision for the United States Congress requiring only a majority (this larger requirement has resulted in occasions where a significant number of members from one political party, in an attempt to stop legislation, have in

240-585: A quorum. The most recent of these attempts took place during a 2021 special session of the Legislature. On July 12, 2021, during a special session, at least 51 Democratic members of the House fled the state in two charter jets bound for Washington, D.C. , in an effort to block Republican-backed election legislation from passing. The lawmakers planned to spend at least three weeks in Washington, running out

288-565: A single section establishing the General Land Office (the office of Commissioner of the General Land Office is discussed under Article IV). Seven other sections were repealed in 1969. Article 15 describes the process of impeachment and lists grounds on which to impeach judges. The House of Representatives is granted the power of impeachment, while the Senate has power to try all impeachments. No person may be convicted save by

336-475: A time as the legislature met quorum to vote on the bill. After the first special session expired on August 6, Governor Abbott called a second session the next day. State District Judge Brad Urrutia granted a restraining order on August 9 temporarily protecting the absent Democrats from arrest by the state, however this restraining order was overturned by the Texas Supreme Court . On August 10, with

384-568: Is a stub . You can help Misplaced Pages by expanding it . Texas Legislature The Texas Legislature is the state legislature of the U.S. state of Texas . It is a bicameral body composed of a 31-member Senate and a 150-member House of Representatives . The state legislature meets at the Capitol in Austin . It is a powerful arm of the Texas government not only because of its power of

432-651: Is the "Chief Executive Officer of the State" and the "Commander in Chief of the military forces of the State, except when they are called in actual service of the United States". He is vested with power to call forth the Militia, convene the Legislature for special session in extraordinary occasions, to execute the laws of the State, and to fill up vacancies not otherwise provided for by law, if consented to by two-thirds of

480-500: The 2003 Texas congressional redistricting . The Texas Constitution limits the duration of each special session to 30 days; lawmakers may consider only those issues designated by the governor in his "call," or proclamation convening the special session (though other issues may be added by the Governor during a session). Any bill passed by the Legislature takes effect 90 days after its passage unless two-thirds of each house votes to give

528-638: The Constitution of Alabama , even with the latter being recompiled as a new document in 2022 and having obsolete, duplicative, and overtly racist provisions removed) and is also the third-most amended state constitution (only the Alabama and California constitutions have been amended more often). From 1876 to 2024 (following the 88th Legislature ), the Texas Legislature proposed 714 constitutional amendments. Of that total, 530 were approved by

SECTION 10

#1732772146565

576-642: The Justice of the Peace Courts. Article 6 denies voting rights to minors, felons, and people who are deemed mentally incompetent by a court (though the Legislature may make exceptions in the latter two cases). It also describes rules for elections. Qualified voters are, except in treason, felony and breach of peace, privileged from arrest when attending at the polls, going and returning therefrom. Article 7 establishes provisions for public schools , asylums, and universities. Section 1 states, "it shall be

624-628: The Texas Agriculture Commissioner is also directly elected, that is the result of Legislative action, not a Constitutional requirement.) The qualifications of the Governor of Texas is that he is at least thirty years of age, a citizen of the United States, and had resided in the State for at least five years preceding his election. The Governor is prohibited from holding any other office, whether civil, military or corporate, during his tenure in office, nor may he practice (or receive compensation for) any profession. The Governor

672-563: The Texas Constitution requires that 2/3 of a chamber's members be present to constitute a quorum for conducting business (this is greater than what is required for the United States Congress, which only requires a simple majority of a chamber's members). This has resulted in several instances where, in an effort to block legislation from passing, a sufficient number of members have fled the state in order to deny

720-610: The US Supreme Court ruling in Obergefell v. Hodges . Section 4 gives freedom from religious tests at the public and private level, and while never invalidated by Texas legislature or overruled by the US Supreme Court, it has been argued that it makes a religious test , by requiring officeholders to "acknowledge the existence of a Supreme Being" and therefore would be subject to removal if it were brought to

768-572: The General Appropriations Act, the state's budget and spending authority). Although members are elected on partisan ballots, both houses of the Legislature are officially organized on a nonpartisan basis, with members of both parties serving in leadership positions such as committee chairmanships. As of 2022, a majority of the members of each chamber are members of the Republican Party . The Texas Constitution sets

816-615: The Governor's signature if the bill passes both chambers by a two-thirds vote, unless otherwise specified in the bill. If the bill does not pass by this majority it takes effect on the first day of the next fiscal year (in Texas, the fiscal year runs from September 1 until August 31). The largest Section within this article is Section 49 ("State Debts"), which includes 30 separate sub-sections (including two sub-sections both added in 2003 and both curiously numbered as "49-n", along with two other sub-sub-sections numbered "49-d-14"). Section 49 limits

864-746: The Governor, being affixed with the State Seal and attested to by the Secretary of State. Under Section 16 of this article, the Lieutenant Governor automatically assumes the power of Governor if and when the Governor travels outside of the state, or is subject to impeachment by the Texas House of Representatives. Article 5 describes the composition, powers, and jurisdiction of the state's Supreme Court, Court of Criminal Appeals, and District, County, and Commissioners Courts, as well as

912-549: The Legislature to enact general laws for the creation of private corporations and prohibiting the creation of private corporations by special law. Four other sections were repealed in 1969, and a fifth section in 1993. Article 13 established provisions for Spanish and Mexican land titles from the Mexican War Era to please the Mexican government. This article was repealed in its entirety in 1969. Article 14 contains

960-437: The Senate has been delivered. Article 16 contains miscellaneous provisions, including limits on interest rates, civil penalties for murder, and the punishment for bribery. Section 14 All civil officers shall reside within the State; and all district or county officers within their districts or counties, and shall keep their offices at such places as may be required by law; and failure to comply with this condition shall vacate

1008-546: The Senate, while the Speaker of the House is elected from that body by its members. Both have wide latitude in choosing committee membership in their respective houses and have a large impact on lawmaking in the state. Only the governor may call the Legislature into special sessions, unlike other states where the legislature may call itself into session. The governor may call as many sessions as desired. For example, Governor Rick Perry called three consecutive sessions to address

SECTION 20

#1732772146565

1056-506: The Senate. The Governor has a qualified negative on all bills passed by the Legislature, which may be overridden by two-thirds of both Houses of the Legislature by votes of the yeas and nays. Finally, the Secretary of State (who has the constitutional duty of keeping the Seal of the State) is appointed by the Governor, by and with the advice and consent of the Senate. All commissions are signed by

1104-421: The State of Texas is the document that establishes the structure and function of the government of the U.S. state of Texas and enumerates the basic rights of the citizens of Texas. The current document was adopted on February 15, 1876, and is the seventh constitution in Texas history (including the Mexican constitution). The previous six were adopted in 1827 (while Texas was still part of Mexico and half of

1152-444: The State, grants certain powers to cities and counties, empowers the legislature to form school and other special districts. Texas operates under Dustin's Rule : counties and non-school special districts are not granted home rule privileges, while cities and school districts have those privileges only in the limited instances specified below. Sections 4 and 5 discuss the operation of cities based on population. Section 4 states that

1200-498: The US Supreme Court, as what happened with the case Silverman v. Campbell in South Carolina . Section 11 guarantees that every person detained prior to trial are bailable by sufficient sureties, save for Capital offenses, subject to specific exceptions. Article 2 provides for the separation of powers of the legislative, executive, and judicial branches of the state government, prohibiting each branch from encroaching on

1248-540: The bill either immediate effect or earlier effect. The Legislature may provide for an effective date that is after the 90th day. Under current legislative practice, most bills are given an effective date of September 1 in odd-numbered years (September 1 is the start of the state's fiscal year). Bills can (and many are) pre-filed before the start of a session: for regular sessions the lower numbers are reserved for bills with high priority by Legislative leadership (with HB1 and SB1 specifically reserved for each chamber's version of

1296-441: The chamber still lacking a quorum, Speaker Dade Phelan issued arrest warrants for the 52 absent Democratic members of the House. The bill passed upon the eventual return of enough state Democrats to constitute a quorum in the legislature. The Texas Legislature has five support agencies that are within the legislative branch of state government. Those five agencies are as follows: Texas Constitution The Constitution of

1344-571: The clock on the special session, which began July 8. During their time away from the state legislative chambers, they also advocated for federal voting legislation such as the For the People Act . Governor Abbott stated that representatives, upon return to the state, would be arrested and escorted to the state legislative chambers to fulfill their lawmaking duties. He additionally noted he would use his power to call successive special sessions until such

1392-464: The consent of two-thirds of the Senators present, who have taken an oath or affirmation to impartially try the impeached. Judgement in impeachment cases does not extend beyond removal from office and disqualification from public office. The convicted remains subject to trial, indictment and punishment according to law. All officers while subject to impeachment charges are suspended until the verdict by

1440-534: The duty of the Legislature of the State to establish and make suitable provision for the support and maintenance of an efficient system of public free schools". This issue has surfaced repeatedly in lawsuits involving the State's funding of education and the various restrictions it has placed on local school districts. This Article also discusses the creation and maintenance of the Permanent University Fund (Sections 11, 11a, and 11b) and mandates

1488-458: The electorate, 181 were defeated, and three never made it on the ballot. Most of the amendments are due to the document's highly restrictive nature: the constitution stipulates that the State of Texas has only those powers explicitly granted to it; there is no counterpart of the federal necessary and proper clause . As with many state constitutions, it explicitly provides for the separation of powers and incorporates its bill of rights directly into

Harris County Flood Control District - Misplaced Pages Continue

1536-535: The establishment of "a University of the first class" (Section 10) to be called The University of Texas , as well as "an Agricultural, and Mechanical department" (Section 13, today's Texas A&M University , which opened seven years prior); it also establishes Prairie View A&M University in Section 14. The University of Texas was originally created in the Constitution of 1858, and Texas A&M University

1584-409: The life of the attained (but not after). Section 34 guarantees the right to hunt, fish and harvest wildlife, subject to wildlife conservation laws. However, the section explicitly states that it does not affect "any provision of law relating to trespass, property rights or eminent domain". Section 32, added in 2005, denies state recognition of same-sex marriage , a practice which was invalidated by

1632-510: The next biennium; no appropriation may exceed this amount (except in cases of emergency, and then only with a four-fifths vote of both chambers), and the Comptroller is required to reject and return to the Legislature any appropriation in violation of this requirement. Section 49-g (one of two such sections numbered as such, the other -- now repealed -- dealt with funding for the later-cancelled Superconducting Supercollider Project) created

1680-462: The next session is the 89th session , scheduled to convene on January 14, 2025, at noon ( CST ) after the 2024 Texas elections . The Texas Legislature meets in regular session on the second Tuesday in January of each odd-numbered year. The Texas Constitution limits the regular session to 140 calendar days. The lieutenant governor , elected statewide separately from the governor , presides over

1728-485: The past left the state so as to deny a quorum). A smaller number in each chamber is empowered to adjourn from day to day and compel the attendance of absent members. As with the United States Constitution , either house may originate bills (Section 31), but bills to raise revenue must originate in the House of Representatives (Section 33). Section 39 allows a bill to take effect immediately upon

1776-482: The power of the Legislature to incur debt to only specific purposes as stated in the Constitution; in order to allow the Legislature to incur debt for a purpose not stated numerous amendments to this section have had to be added and voted upon by the people. In addition, Section 49a requires the Texas Comptroller of Public Accounts to certify the amount of available cash on hand and anticipated revenues for

1824-639: The power of the state. The provisions of the Texas Constitution apply only against the government of Texas. However, a number of the provisions of the U.S. Constitution are held to apply to the states as well, under the Due Process Clause of the 14th Amendment to the U.S. Constitution. While the bill of rights contains many similar rights as the United States Bill of Rights , it is considerably lengthier and more detailed and includes some provisions unique to Texas. Section 12 recognizes

1872-410: The powers of the others. Article 3 vests the legislative power of the state in the " Legislature of the State of Texas ", consisting of the state's Senate and House of Representatives . It also lists the qualifications required of senators and representatives, and regulates many details of the legislative process. The article contains many substantive limitations on the power of the legislature and

1920-714: The purse to control and direct the activities of state government and the strong constitutional connections between it and the Lieutenant Governor of Texas , but also due to Texas's plural executive . The Legislature is the constitutional successor of the Congress of the Republic of Texas since Texas's 1845 entrance into the Union . The Legislature held its first regular session from February 16 to May 13, 1846. The Legislature has completed its 88th session , and

1968-466: The qualifications for election to each house as follows: State legislators in Texas make $ 600 per month, or $ 7,200 per year, plus a per diem of $ 221 for every day the Legislature is in session (also including any special sessions). That adds up to $ 38,140 a year for a regular session (140 days), with the total pay for a two-year term being $ 45,340. Legislators receive a pension after eight years of service, starting at age 60. Article III, Section 10 of

Harris County Flood Control District - Misplaced Pages Continue

2016-676: The state of Coahuila y Tejas ), 1836 (the Constitution of the Republic of Texas ), 1845 (upon admission to the United States), 1861 (at the beginning of the American Civil War ), 1866 (at the end of the American Civil War), and 1869. Texas constitutional conventions included 1861, 1866, 1868–69, and 1875. The constitution is the second-longest state constitution in the United States (exceeded only by

2064-480: The state's " Rainy Day Fund " (technically called the "Economic Stabilization Fund"). Article 4 describes the powers and duties of the Governor , Lieutenant Governor , Secretary of State , Comptroller , Commissioner of the General Land Office , and Attorney General . With the exception of the Secretary of State the above officials are directly elected in what is known as a "plural executive" system. (Although

2112-414: The subject of numerous school district financing lawsuits claiming that other Legislative restrictions on local property taxes have created a de facto statewide property tax; the Texas Supreme Court has at times ruled that the restrictions did in fact do so (and thus were unconstitutional) and at other times ruled that they did not. Texas has never had a personal income tax . In 2019, the constitution

2160-433: The text of the constitution (as Article I). The bill of rights is considerably lengthier and more detailed than the federal Bill of Rights , and includes some provisions not included in the federal Constitution. Article 1 is the Texas Constitution's bill of rights . The article originally contained 29 sections; five sections have since been added. Some of the article's provisions concern specific fundamental limitations on

2208-549: The writ of Habeas Corpus as a right and prohibits its suspension under any circumstance whatsoever. This differs slightly from the U.S. Constitution, which allows its suspension "in Cases of Rebellion or Invasion the public security shall require it". Section 21 prohibits corruption of blood and forfeiture of estates (including in cases of suicide), extending beyond the federal limitation ( Article III , Section 3) which applies only in cases of Treason and even permits forfeiture during

2256-403: Was amended to ban any future income tax, which has the effect of requiring a 2/3 majority of the legislature to vote to repeal the ban. Previously, the requirement to pass any future income tax was passage by a statewide referendum , which requires a simple majority vote of the legislature to add the question to a referendum. In May 2006 the Legislature replaced the existing franchise tax with

2304-459: Was created from the Morrill Act. In 1915 and 1919, Constitutional Amendments were proposed to separate the two university systems, although both failed. Article 8 places various restrictions on the ability of the Legislature and local governments to impose taxes. Most of these restrictions concern local property taxes . Section 1-e prohibits statewide property taxes. This Section has been

#564435