Texas Almanac, 1947-1948 Page: 75
[610] p. : ill. ; 23 cm.View a full description of this book.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
STATE CONSTITUTION. 75
Article IX.-(Cortinued.)
majority of the votes cast without such col-
lective cities and towns, the charter shall
not be adopted. It is expressly forbidden that
any such charter may inconsonantly affect
the operation of the general laws of the State
relating to the judicial, tax, fiscal, educa-
tional, police, highway and health systems,
or any other department of the State's supe-
rior government. Nothing herein contained
shall be deemed to authorize the adoption
of a charter provision inimical to or incon-
sistent with the sovereignty and established
public policies of this State, and no provision
aving such vice shall have validity as
against the State. No charter provision may
operate to impair the exemption of home-
steads as established by this Constitution and
the statutes relating thereto.
(3) a. A charter hereunder may provide-
the continuance of a County Commissioners'
Court, as now constituted, to serve as the
governing body of a county to operate here-
under; or, may provide for a governing body
otherwise constituted, which shall be elective,
and service therein shall be upon such quali-
fications, for such terms, under such plan of
representation, and upon such conditions of
tenure and compensation as may be fixed by
any such charter. The terms of service in
such governing body may exceed two (2)
years, but shall not exceed six (6) years. In
any event, in addition to the powers and
duties provided by any such charter such
governing body shall exercise all powers,
and discharge all duties which, in the ab-
sence of the provisions hereof, would devolve
by law on County Commissioners and County
Commissioners' Courts. Further, any such
charter may provide for the organization,
reorganization, establishment and administra-
tion of the government of the county, includ-
ing the control and regulation of the per-
formance of and the compensation for all
duties required in the conduct of the county
affairs, subject to the limitations herein pro-
vided.
b. A charter hereunder may provide that
Judges of County Courts (including that
County Court designated in this Constitu-
tion), and Justices of the Peace be compen-
sated upon a salary basis in lieu of fees.
The jurisdiction of the County Court desig-
nated in this Constitution, and the duties of
the Judges thereof, may be confined to that
general jurisdiction of a probate court, which
elsewhere is defined in this Constitution. The
office of Justice of the Peace may be made
either elective or appointive. Other than as
herein provided, no such charter shall Dro-
vide for altering the jurisdiction or procedure
of any court. The duties of District Attorney
and/or County Attorney may be confined to
representing the State in civil cases to which
the State is a party and to enforcement of
the State penal code, and the compensation
of said attorneys may be fixed on a salary
basis in lieu of fees.
c. Save as hereinabove and hereinafter oth-
erwise provided, such charters, within the
limits expressed therein, may invest the gov-
erning body to be established for any county
electing to operate hereunder with the power
to create, consolidate or abolish any office or
department, whether created by other provi-
sions of the Constitution or by statute, define
the duties thereof, fix the compensation for
service therein, make the same elective or
appointive and prescribe the time, qualifica-
tions and conditions for tenure in any such
office; save, that no such charter other than
as hereinbefore authorized, shall provide to
regulate the status, service, duties or com-
pensation of members of the Legislature,
udges of the courts, District Attorneys,
County Attorneys, or any office whatever by
the law of the State required to be filled by
an election embracing more than one county.
Excepting herefrom nominations, elections orappointments to offices, the terms whereof
may not have expired prior to the adoption
of this amendment to the Constitution, at
such time as a charter provision adopted
hereunder may be in effect (save as to those
offices which must continue to be elective,
as herein elsewhere specified), all terms of
county officers and all contracts for the giv-
ing of service by deputies under such officers,
may be subject to termination by the admin-
istrative body of the county, under an
adopted charter so providing, and there shall
be no liability by reason thereof.
d. Any county electing to operate hereunder
shall have the power, by charter provision.
to levy, assess and collect taxes, and to fix
the maximum rate for ad valorem taxes to
be levied for specific purposes, in accordance
with the Constitution and laws of this State,
provided, however, that the limit of the ag-
gregate taxes which may be levied, assessed
and collected hereunder shall not exceed the
limit or total fixed, or hereafter to be fixed
by this Constitution to control counties, and
the annual assessment upon property, both
real, personal and mixed, shall be a first
superior and prior lien thereon.
e In addition to the powers herein pro-
vided, and in addition to powers included in
county home rule charters, any county may,
by a majority vote of the qualified electors
of said county, amend its charter to include
other powers, functions, duties and rights
which now or hereafter may be provided by
this Constitution and the statutes of the
State for counties.
(4) Any county operating hereunder shall
have the power to borrow money for all pur-
poses lawful under its charter, to include the
refunding of a lawful debt, in a manner con-
forming to the general laws of the State, and
may issue therefor its obligations. Such obli-
gations, other than those to refund a lawful
debt, shall not be valid unless authorized by
a majority of all votes cast by those resident
qualified voters of the area affected by the
taxes required to retire such obligations, who
may vote thereon. In case of county obliga-
tions, maturing after a period of five (5)
years, the same shall be issued to mature
serially, fixing the first maturity of principal
at a time not to exceed two (2) years next
after the date of the issuance of such obliga-
tions Such obligations may pledge the full
faith and credit of the county, but in no
event shall the aggregate obligations so is-
sued, in principal amount outstanding at any
one time, exceed the then existing constitu-
tional limits for such obligations and such
indebtedness and its supporting tax shall
constitute a first and superior lien upon the
property taxable in such county. No obliga-
tion issued hereunder shall be valid unless
prior to the time of the issuance thereof
there be levied a tax sufficient to retire the
same as it matures, which tax shall not ex-
ceed the then existing constitutional limits.
(5) Such charter may authorize the gov-
erning body of a county operating hereunder
to prescribe the schedule of fees to be
charged by the officers of the county for
specified service, to be in lieu of the schedule
for such fees prescribed by the general laws
of the State; and, to appropriate such fees
to such funds as the charter may prescribe;
provided, however, no fees for a specified
service shall exceed in amount the fee fixed
by general law for that same service. Such
charter as to all judicial officers, other than
District Judges, may prescribe the qualifica-
tions for services, provided the standards
therefor be not lower than those fixed by
the general laws of the State
(6) a. Subject to the express limitations
upon the exercise of the powers of this sub-
division to be authorized, such charters may
provide (or omit to provide) that the govern-
mental and/or proprietary functions of any
city, town, district or other defined political
Upcoming Pages
Here’s what’s next.
Search Inside
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
Texas Almanac, 1947-1948, book, 1947; Dallas, Texas. (https://texashistory.unt.edu/ark:/67531/metapth117136/m1/77/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.