Jonah Patel
The Texas Constitution grants the state legislature a variety of powers, including legislative or lawmaking authority and certain non-legislative powers. The legislature can promote public safety, health, morals, and welfare, and possesses the power to tax, spend, and borrow money. It can also organize and confer powers on the executive and judiciary, except where prohibited in the constitution. The constitution also grants the legislature the power to form school and other special districts, and to decide contested elections.
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What You'll Learn
- The power to promote and safeguard public safety, health, morals, and welfare
- The power to tax, spend, and borrow money for public purposes
- The power to impeach and remove executive and judicial officers
- The power to decide contested elections and approve appointments
- The power to form school and other special districts
The power to promote and safeguard public safety, health, morals, and welfare
The Texas Legislature is the dominant branch of state government within the state constitutional framework of separation of powers. The Texas Constitution grants the legislature the power to promote and safeguard public safety, health, morals, and welfare. This power, known as police power, is derived from the Tenth Amendment to the United States Constitution and allows the state to legislate for the well-being of its citizens.
The Texas Legislature has the authority to create and enforce laws that ensure the health, safety, morals, and general welfare of the community. This includes implementing measures during public health crises, such as mandating mask-wearing in public spaces during a pandemic. The legislature can also establish safety codes for buildings and enforce regulations that improve public morals. For example, the legislature may enact laws to address local concerns such as public health, safety regulations, zoning, and education. These laws are essential to managing local issues and ensuring the state operates within the constitutional framework.
The Texas Legislature also has the power to tax, spend, and borrow money for public purposes. This includes providing grants and loans for water quality enhancement projects and issuing bonds for various purposes, such as enhancing water quality and creating funds for veterans' land, housing assistance, and more. The legislature is subject to checks and balances, such as the governor's power to veto bills and the courts' power of judicial review.
In addition to its legislative powers, the Texas Legislature also has some non-legislative powers, including the ability to impeach and remove executive and judicial officers, elect the governor in the event of a tie, and decide contested elections. The legislature also has the power to compensate public officials and contractors, with certain restrictions, and to provide for the compensation of citizen members of various boards.
Overall, the Texas Legislature has broad powers to promote and safeguard public safety, health, morals, and welfare, allowing it to respond effectively to the unique needs and circumstances of the state's communities.
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The power to tax, spend, and borrow money for public purposes
The Texas Constitution grants the legislature the power to tax, spend, and borrow money for public purposes. This is known as the "legislative power of the purse".
The constitution outlines specific provisions regarding taxation and revenue. Taxes must be levied and collected by general laws and solely for public purposes. The legislature is prohibited from surrendering or suspending the power to tax corporations and corporate property. Additionally, the constitution restricts the withdrawal of money from the state treasury, allowing appropriations only for specific purposes and for a maximum of two years.
The legislature is also empowered to pass laws for the maintenance of public roads and highways, and to allocate revenues from motor vehicle registration fees, taxes on motor fuels, and lubricants for these purposes. The Texas Water Development Board, under the legislature, can issue bonds for water quality enhancement initiatives.
The constitution also addresses the compensation of public officials and contractors, prohibiting extra compensation after services have been rendered or contracts entered into. It further restricts the employment of individuals by the state unless authorized by pre-existing law.
The Texas Legislature has both "legislative" and some "non-legislative" powers. The 1845 charter was unique in assigning the legislature the appointment of certain officials, such as the treasurer and district attorneys. The legislature can also impeach and remove executive and judicial officers, elect the governor in a tie, and decide contested elections.
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The power to impeach and remove executive and judicial officers
The Texas Constitution grants the Legislature the power to impeach and remove executive and judicial officers. This power is outlined in Article XV of the Constitution, which details the process of impeachment and removal.
The power to impeach is specifically vested in the House of Representatives, according to Section 1 of Article XV. This means that the House of Representatives has the authority to initiate impeachment proceedings against executive and judicial officers. The Texas Constitution outlines a comprehensive process for impeachment, ensuring a fair and impartial trial. For example, when the Senate sits as a Court of Impeachment, senators are required to take an oath or affirmation to impartially try the impeached party. Additionally, a conviction requires the concurrence of two-thirds of the senators present, emphasizing the seriousness of the impeachment process.
The Texas Constitution also grants the Legislature the authority to remove officers from office. Section 8 of Article XV outlines the procedure for removing judges of the Supreme Court, Court of Appeals, and District Courts. The governor can remove these judges with the address of two-thirds of each house of the Legislature for reasons such as wilful neglect of duty, incompetency, or habitual drunkenness. Notably, these reasons for removal are distinct from impeachment, which is reserved for more serious offences or misconduct.
The Legislature's power to impeach and remove executive and judicial officers is a crucial aspect of the state's constitutional framework. It provides a mechanism to hold these officers accountable and ensure the integrity of the government. The detailed procedures outlined in the Texas Constitution safeguard the rights of the accused while also upholding the interests of the public.
Furthermore, the Legislature's authority in this matter is balanced by other constitutional checks and balances. For instance, the governor has the power to make provisional appointments to fill vacancies during the impeachment process. Additionally, the governor can remove public officers with the advice and consent of two-thirds of the members of the Senate present, demonstrating the collaborative nature of the removal process.
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The power to decide contested elections and approve appointments
The Texas Constitution grants the legislature several powers, including the ability to decide contested elections and approve appointments. This power allows the legislature to resolve disputes that may arise during elections and ensure the smooth functioning of the electoral process.
In the context of contested elections, the legislature has the authority to review and make decisions on disputes related to election results. This includes situations where there may be discrepancies in vote counts or concerns about the eligibility of candidates. The legislature can investigate the matter, consider evidence presented by all parties involved, and make a determination that aligns with the laws and regulations outlined in the Texas Constitution.
Additionally, the Texas Constitution empowers the legislature to approve appointments made by the governor. The governor is the state's chief executive and is responsible for appointing individuals to various positions within the state government. The legislature's role in approving these appointments adds a layer of oversight and ensures that the appointed officials are suitable and qualified for their respective roles.
The process of approving appointments may involve reviewing the qualifications, experience, and background of the appointees. The legislature can also hold confirmation hearings, where the appointees are questioned about their views, policies, and ability to carry out the responsibilities of the position they have been chosen for. This process allows for transparency and accountability in the appointment process.
It is worth noting that while the Texas Constitution grants the legislature these powers, they are subject to certain limitations and checks to prevent their abuse. The governor, for example, has the power to veto decisions made by the legislature, demonstrating the intricate balance of powers within the state's political system.
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The power to form school and other special districts
The Texas Constitution grants the Texas Legislature "legislative" or lawmaking powers, as well as certain non-legislative powers. One such power is the ability to form school and other special districts.
Texas has 1,031 school districts, which manage 9,317 public schools serving over five million kindergarten through 12th-grade students. School districts are governed by a board of trustees, who are elected in non-partisan elections. These trustees are volunteers and do not receive a salary. They are responsible for hiring a superintendent to manage the day-to-day operations of the school district, setting the district property tax rate, approving salary schedules, and approving contracts for the construction and maintenance of school facilities and equipment. School districts also often provide transportation and food services.
In addition to school districts, Texas has various other types of special districts, including community college districts, municipal utility districts (MUDs), and Tax Increment Reinvestment Zones (TIRZs). Community college districts are governed by boards of trustees, who are elected by voters and are responsible for setting tax rates, salary schedules, and approving contracts. MUDs are established by the legislature or the Texas Commission on Environmental Quality to provide water and sewer services to new residential subdivisions. TIRZs are tools to encourage the redevelopment of struggling areas, allowing the money generated by increased property taxes due to redevelopment to be reinvested in further improvements to the area.
The legislature's power to form these districts allows it to organize and confer powers, promoting and safeguarding public interests such as education, infrastructure development, and economic growth.
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Frequently asked questions
The Texas Constitution grants the state's legislative power to the "Legislature of the State of Texas", which consists of the state's Senate and House of Representatives. The Constitution also allows either house to originate bills, but bills to raise revenue must originate in the House of Representatives.
The Texas Constitution grants the Legislature non-legislative powers such as impeaching and removing executive and judicial officers, electing the governor in the event of a tie, deciding certain contested elections, approving gubernatorial appointments, and proposing constitutional amendments.
Section 49 of the Texas Constitution, also known as "State Debts", limits the Legislature's power to incur debt to specific purposes stated in the Constitution. Any amendments to this section must be approved by a proposition.
The Texas Legislature may exercise the state's inherent police power to promote and safeguard public safety, health, morals, and welfare. This power is superior to local governments, which are regarded as "creatures of the state".
The Texas Legislature is responsible for providing by law for the compensation of all officers, servants, agents, and public contractors, ensuring that no extra compensation is granted after public service has been performed or a contract has been entered into.
