For an office for which this constitution requires an election, the legislature may provide by general law for a person to take the office without an election if the person is the only candidate to qualify in an election to be held for that office. (d) No member of the Legislature of this State may hold any other office or position of profit under this State, or the United States, except as a notary public if qualified by law. (u) The legislature may by statute delegate one or more state agencies the power to interpret Subsections (a)(5)-(a)(7), (e)-(p), and (t), of this section. 56: See Appendix, Note 3.). Required: What unconventional action did the Texas legislature take in 2003? Texas legislators receive an annual salary of $7,200, plus a per diem of $190 for every day they are in session [12]: Texas Senator U.S. Citizen 5 years as a resident of Texas 3) DURATION OF PUBLIC OFFICES; RAILROAD COMMISSION. Which of the following is the best example of the Texas governor's exercise of senatorial courtesy? In the Texas legislature, the referral of a bill to a standing committee in the House and the senate is the job of whom? SIZE OF HOMESTEAD; USES; RELEASE OR REFINANCE OF EXISTING LIEN. are stricter than those in the federal legislature, reflecting the belief that only the most qualified Texans deserve to serve. An affidavit executed by the owner or the owner's spouse acknowledging that the requirements of Subsection (f)(2) of this section have been met conclusively establishes that the requirements of Subsection (a)(4) of this section have been met. "(3) SECURE FROM THE HOLDER OF THE LIEN AN AGREEMENT SATISFACTORY TO THE LENDER SUBORDINATING THE LIEN TO ALL AMOUNTS SECURED BY THE LENDER'S LIEN ON THE HOME. Sec. (f) A refinance of debt secured by the homestead, any portion of which is an extension of credit described by Subsection (a)(6) of this section, may not be secured by a valid lien against the homestead unless either: (1) the refinance of the debt is an extension of credit described by Subsection (a)(6) or (a)(7) of this section; or. 16. (Feb. 15, 1876. (a) The duration of all offices not fixed by this Constitution shall never exceed two years. The Legislature may permit a bank domiciled within a city located in two or more counties to establish and operate branches within both the city and the county of its domicile, subject to limitations the Legislature imposes. (b) There may be created within the State of Texas, or the State may be divided into, such number of conservation and reclamation districts as may be determined to be essential to the accomplishment of the purposes of this amendment to the constitution, which districts shall be governmental agencies and bodies politic and corporate with such powers of government and with the authority to exercise such rights, privileges and functions concerning the subject matter of this amendment as may be conferred by law. the staff keeps the governor informed about issues and problems facing the state, and it may suggest courses of action. 14, Art. It operated without electing a House Speaker. 53: See Appendix, Note 1. Although payment of principal or interest shall not be required under a reverse mortgage until the entire loan becomes due and payable, interest may accrue and be compounded during the term of the loan as provided by the reverse mortgage loan agreement. (2) Benefits under these systems must be reasonably related to participant tenure and contributions. Select the application with petition if you will be collecting signatures instead of paying a filing fee. On the grant date, Nichols stock was trading at $25 per share, and a fairvalue option-pricing model determines total compensation to be$400,000. Message power, power of the veto, and the authority to call special sessions and set their agendas, When the Texas governor strikes out particular spending provisions in an appropriations bill, it is called. 3) The price tag starts at about $800,000 for a 30-day session. (3) The amount contributed by a person participating in the Employees Retirement System of Texas or the Teacher Retirement System of Texas shall be established by the legislature but may not be less than six percent of current compensation. 8: See Appendix, Note 3.). 4) (2) the term of office of the officer who is temporarily replaced. Sec. All other officers shall retain the signed statement required by Subsection (b) of this section with the official records of the office. 44. (E) any lien that has, or may obtain, priority over the lender's lien as it is established in the loan documents. The comptroller investigates suspected illegal campaign contributions. IF YOU DO NOT REPAY THE LOAN OR IF YOU FAIL TO MEET THE TERMS OF THE LOAN, THE LENDER MAY FORECLOSE AND SELL YOUR HOME. APPROPRIATIONS FOR PRIVATE PURPOSES; ANNUAL ACCOUNTING OF PUBLIC MONEY; ACCEPTANCE AND EXPENDITURE OF CERTAIN MONEY FOR PERSONS WITH DISABILITIES. In Texas, which officer in the plural executive is not elected by voters? 6 4. TERMS OF ELECTIVE DISTRICT, COUNTY, AND PRECINCT OFFICES. Const. SERVICE OF PUBLIC OFFICER PENDING QUALIFICATION OF SUCCESSOR. (Feb. 15, 1876. Sec. Helen tracks federal and state legislation, conducts research, drafts bills and amendments, and lobbies for legislative initiatives' introduction and passage. Draw new districts, boundaries that represented the population fairly the "one-person, one-vote" principle. (iii) fails to maintain the priority of the lender's lien on the homestead property, after the lender gives notice to the borrower, by promptly discharging any lien that has priority or may obtain priority over the lender's lien within 10 days after the date the borrower receives the notice, unless the borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to the lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings so as to prevent the enforcement of the lien or forfeiture of any part of the homestead property; or. Citation refers to an article and section number of the United States Constitution. (TEMPORARY TRANSITION PROVISION for Sec. Absent without leave: Not present at a session without consent. Governor Greg Abbott, the Texas Department of Public Safety (DPS), and the Texas National Guard are continuing to work together to secure the border; stop the smuggling of drugs, weapons, and people into Texas; and prevent, detect, and interdict transnational criminal behavior between ports of entry. The Legislature shall have power, and it shall be its duty, to protect by law from forced sale a certain portion of the personal property of all heads of families, and also of unmarried adults, male and female. (f) added Nov. 2, 1993; Subsec. Sec. Sec. That all drawbacks and rebatement of insurance, freight, transportation, carriage, wharfage, storage, compressing, baling, repairing, or for any other kind of labor or service of, or to any cotton, grain, or any other produce or article of commerce in this State, paid or allowed or contracted for, to any common carrier, shipper, merchant, commission merchant, factor, agent, or middle man of any kind, not the true and absolute owner thereof, are forever prohibited, and it shall be the duty of the Legislature to pass effective laws punishing all persons in this State who pay, receive or contract for, or respecting the same. Second, districts must be drawn in a manner that neither has the purpose nor will . writing a letter of recommendation for a constituent. An act or omission does not violate a provision included in those subsections if the act or omission conforms to an interpretation of the provision that is: (1) in effect at the time of the act or omission; and. (a) An elected or appointed officer of the state or of any political subdivision who enters active duty in the armed forces of the United States as a result of being called to duty, drafted, or activated does not vacate the office held, but the appropriate authority may appoint a replacement to serve as temporary acting officer as provided by this section if the elected or appointed officer will be on active duty for longer than 30 days. (h) A retirement system described by Subsection (a) and the political subdivision or subdivisions that finance benefits under the retirement system are exempt from the application of this section if: (1) the political subdivision or subdivisions hold an election on the date in May 2004 that political subdivisions may use for the election of their officers; (2) the majority of the voters of a political subdivision voting at the election favor exempting the political subdivision and the retirement system from the application of this section; and. Every person, corporation, or company, that may commit a homicide, through wilful act, or omission, or gross neglect, shall be responsible, in exemplary damages, to the surviving husband, widow, heirs of his or her body, or such of them as there may be, without regard to any criminal proceeding that may or may not be had in relation to the homicide. "BEFORE YOU REFINANCE YOUR EXISTING HOME EQUITY LOAN TO MAKE IT A NON-HOME EQUITY LOAN, YOU SHOULD MAKE SURE YOU UNDERSTAND THAT YOU ARE WAIVING IMPORTANT PROTECTIONS THAT HOME EQUITY LOANS PROVIDE UNDER THE LAW AND SHOULD CONSIDER CONSULTING WITH AN ATTORNEY OF YOUR CHOOSING REGARDING THESE PROTECTIONS. Banks which are domiciled within a city lying in two or more counties may be permitted to establish and operate unmanned teller machines within both the city and the county of their domicile. "IF A GROUND FOR FORECLOSURE EXISTS, THE LENDER MAY NOT COMMENCE FORECLOSURE UNTIL THE LENDER GIVES YOU WRITTEN NOTICE BY MAIL THAT A GROUND FOR FORECLOSURE EXISTS AND GIVES YOU AN OPPORTUNITY TO REMEDY THE CONDITION CREATING THE GROUND FOR FORECLOSURE OR TO PAY THE REVERSE MORTGAGE DEBT WITHIN THE TIME PERMITTED BY SECTION 50(k)(10), ARTICLE XVI, OF THE TEXAS CONSTITUTION. 30b. (e) Benefits granted to a retiree or other annuitant before the effective date of this section and in effect on that date may not be reduced or otherwise impaired. Office of the Texas Governor. This subsection shall not apply to any lien or extension of credit made after January 1, 1998, and before the date any provision under Subsection (a)(6) or Subsections (e)-(i) is held to be preempted. 65. Feb 24 (TEMPORARY TRANSITION PROVISION for Sec. HOMICIDE: LIABILITY FOR EXEMPLARY DAMAGES. On the death of the husband or wife, or both, the homestead shall descend and vest in like manner as other real property of the deceased, and shall be governed by the same laws of descent and distribution, but it shall not be partitioned among the heirs of the deceased during the lifetime of the surviving husband or wife, or so long as the surviver may elect to use or occupy the same as a homestead, or so long as the guardian of the minor children of the deceased may be permitted, under the order of the proper court having the jurisdiction, to use and occupy the same. 13A. legislative activity. For an office of a political subdivision for which this constitution requires an election, the legislature may provide by general law for a person to assume the office without an election if the person is the only candidate to qualify in an election to be held for that office. YOUR RIGHTS ARE GOVERNED IN PART BY SECTION 50, ARTICLE XVI, OF THE TEXAS CONSTITUTION, AND NOT BY THIS NOTICE. Posting Requirements Related to School Board Members House Bill 963, passed by the 86th Texas Legislature (2019), requires the name, email address, and term of office for each member of the district's board of trustees be made publicly available on a district's website. The comptroller is responsible for setting the salary and compensation packages for legislators. Almost one-half of the attorney general's employees are involved in what government task? (TEMPORARY TRANSITION PROVISIONS for Sec. ROADS AND BRIDGES. 3) The offices of state senator and state representative must be qualified voters as defined by Tex. A LENDER MAY ONLY FORECLOSE A HOME EQUITY LOAN BASED ON A COURT ORDER. The director shall collect information and produce reports on lending activity of those making loans under this section. (f-1) A lien securing a refinance of debt under Subsection (f)(2) of this section is deemed to be a lien described by Subsection (a)(4) of this section. Sec. Can it decay into ten copies of itself? 27. 65: See Appendix, Note 1. (B) after the period during which the owner may request advances, installments are substantially equal. Use the Internet and other sources to research these issues and come up with a better understanding of hedging and commodities markets. Non-legislative powers of the Texas legislature include? To carry out the program authorized by this subsection, the legislature may authorize loans, loan guarantees, and equity investments using money in the Texas product development fund and the issuance of up to $25 million of general obligation bonds to provide initial funding of the Texas product development fund. Statutory qualifications may vary; contact your local party chair or the Secretary of State. Sec. (b) Following the expiration of a term of an appointive office that is filled by appointment of the Governor with the advice and consent of the Senate and that is not an office for which the officer receives a salary, the period for which the officer shall continue to perform the duties of office under Subsection (a) of this section ends on the last day of the first regular session of the Legislature that begins after the expiration of the term. Has the right to vote and debate when the Senate sits as a whole Amended Nov. 6, 2001.) 140 days In the Texas House of Representatives, who has the power to allow members to speak in floor debates? (d) The legislature may enact laws and direct the Alcoholic Beverage Commission or its successor to set policies for all wineries in this state, regardless of whether the winery is located in an area in which the sale of wine has or has not been authorized by local option election, for the manufacturing of wine, including the on-premises selling of wine to the ultimate consumer for consumption on or off the winery premises, the buying of wine from or the selling of wine to any other person authorized under general law to purchase and sell wine in this state, and the dispensing of wine without charge, for tasting purposes, for consumption on the winery premises, and for any purpose to promote the wine industry in this state. 2) 2019-25 - Canvass and Recount Deadlines for November 5, 2019 Uniform Election Date: No. 2) A constitution is the fundamental law by which a nation or a state is governed and organized. It can be overturned only by a 2/3 majority of both houses. We must impose a mandatory minimum jail sentence of at least 10 years for anyone caught smuggling illegal immigrants in Texas. Cast vote in the Senate when there is a tie (b) If any of the officers named herein shall announce their candidacy, or shall in fact become a candidate, in any General, Special or Primary Election, for any office of profit or trust under the laws of this State or the United States other than the office then held, at any time when the unexpired term of the office then held shall exceed one year and 30 days, such announcement or such candidacy shall constitute an automatic resignation of the office then held, and the vacancy thereby created shall be filled pursuant to law in the same manner as other vacancies for such office are filled. ), (TEMPORARY TRANSITION PROVISION for Sec. (a) and (c) amended and (d)-(f) added Nov. 4, 1986.). Yosemite National Park . PRIOR APPROVAL OF EXPENDITURE OR EMERGENCY TRANSFER OF APPROPRIATED FUNDS. The requirements for holding office in the Texas legislature Are minimal, in keeping with the idea that office holding should be open to most citizens. 11. a majority in both the House and the Senate vote to allow it. Access a mobile version of TLO, Who Represents Me, and DistrictViewer on an iPhone, iPad, or other mobile device. Signs bills and resolutions A resolution is just another name for a bill. (c) secures from the holder of the lien an agreement satisfactory to the lender subordinating the lien to all amounts secured by the lender's lien on the homestead property; (7) that provides that if the lender fails to make loan advances as required in the loan documents and if the lender fails to cure the default as required in the loan documents after notice from the borrower, the lender forfeits all principal and interest of the reverse mortgage, provided, however, that this subdivision does not apply when a governmental agency or instrumentality takes an assignment of the loan in order to cure the default; (8) that is not made unless the prospective borrower and the spouse of the prospective borrower attest in writing that the prospective borrower and the prospective borrower's spouse received counseling regarding the advisability and availability of reverse mortgages and other financial alternatives that was completed not earlier than the 180th day nor later than the 5th day before the date the extension of credit is closed; (9) that is not closed before the 12th day after the date the lender provides to the prospective borrower the following written notice on a separate instrument, which the lender or originator and the borrower must sign for the notice to take effect: "UNDER THE TEXAS TAX CODE, CERTAIN ELDERLY PERSONS MAY DEFER THE COLLECTION OF PROPERTY TAXES ON THEIR RESIDENCE HOMESTEAD. (a) The Legislature shall have the power to enact a Mixed Beverage Law regulating the sale of mixed alcoholic beverages on a local option election basis. c. 5) What is the Texas Department of Insurance and its function? CONSERVATION AND DEVELOPMENT OF NATURAL RESOURCES; DEVELOPMENT OF PARKS AND RECREATIONAL FACILITIES; CONSERVATION AND RECLAMATION DISTRICTS; INDEBTEDNESS AND TAXATION AUTHORIZED. (TEMPORARY TRANSITION PROVISIONS for Sec. First, representative districts of a given type (senate, house, congressional, and the State Board of Education (SBOE) as well as local government single-member districts) must have equal or nearly equal populations. (Redesignated as Sec. Call (512) 836-8350 for information. What is the importance of the Supreme Court case Reynolds v. Sims? Absent with leave: Not present at a session with consent. It prevents the legislature from overriding the veto. (c) No mortgage, trust deed, or other lien on the homestead shall ever be valid unless it secures a debt described by this section, whether such mortgage, trust deed, or other lien, shall have been created by the owner alone, or together with his or her spouse, in case the owner is married. GARNISHMENT OF WAGES. (3) the exemption is the only issue relating to the funding and benefits of the retirement system that is presented to the voters at the election. (n) A reverse mortgage that is secured by a valid lien against homestead property may be made or acquired without regard to the following provisions of any other law of this state: (1) a limitation on the purpose and use of future advances or other mortgage proceeds; (2) a limitation on future advances to a term of years or a limitation on the term of open-end account advances; (3) a limitation on the term during which future advances take priority over intervening advances; (4) a requirement that a maximum loan amount be stated in the reverse mortgage loan documents; (6) a prohibition on compound interest and interest on interest; (7) a prohibition on contracting for, charging, or receiving any rate of interest authorized by any law of this state authorizing a lender to contract for a rate of interest; and. (p) The advances made on a reverse mortgage loan under which more than one advance is made must be made according to the terms established by the loan documents by one or more of the following methods: (1) an initial advance at any time and future advances at regular intervals; (2) an initial advance at any time and future advances at regular intervals in which the amounts advanced may be reduced, for one or more advances, at the request of the borrower; (3) an initial advance at any time and future advances at times and in amounts requested by the borrower until the credit limit established by the loan documents is reached; (4) an initial advance at any time, future advances at times and in amounts requested by the borrower until the credit limit established by the loan documents is reached, and subsequent advances at times and in amounts requested by the borrower according to the terms established by the loan documents to the extent that the outstanding balance is repaid; or. logrolling. Background and Detailed Analysis Section 40, Article XVI, Texas Constitution, generally prohibits a person from holding more than one paid public office at the same time. 9. Must be a U.S. citizen At least the age of 26 (senator) 21 (Representative) Qualified voter "no felonies" Resident of Texas for at least 5 years (senator) 2 years (Representative) District resident for 1 year The typical Texas legislator is most likely to be a A regular statement, under oath, and an account of the receipts and expenditures of all public money shall be published annually, in such manner as shall be prescribed by law. a filibuster. Setting local telephone and electric rates is the responsibility of whom? (h), as proposed by Acts 1993, 73rd Leg., R.S., H.J.R. Sec. (a) Different age and residence requirements from those prescribed by Section 141.001may be prescribed by a home-rule city charter, but a minimum age may not be more than 21 years and a minimum length of residence in the state or city may not be more than 12 months immediately preceding election day. 31. 13A. Question 3 0 out of 1.25 points. Sec. In the commissioner form of government, Selected Answer: the elected mayor shares executive power with the appointed commissioner, while the city council has legislative power. 5) IX, Nov. 6, 2001. "THIS NOTICE IS ONLY A SUMMARY OF YOUR RIGHTS UNDER THE TEXAS CONSTITUTION. Governed in PART by section 50, article XVI, of the Supreme COURT case v.... Importance of the following is the fundamental law by which a nation or a state is GOVERNED and organized the... Research these issues and come up with a better understanding of hedging and commodities markets not by this shall! 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