65. (f) A bank may not be considered a branch or facility of another bank solely because it is owned or controlled by the same stockholders as the other bank, has common accounting and administrative systems with the other bank, or has a name similar to the other bank's or because of a combination of those factors. (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. writing a recommendation, electoral powers, investigative powers and judicial powers (the ability of the House to impeach a member of the judicial/executive branch of state gov.). 6 4. the U.S. Congress the staff keeps the governor informed about issues and problems facing the state, and it may suggest courses of action. 4) BRIBERY AND SOLICITATION OR ACCEPTANCE OF BRIBES. In the late 18th and early 19th centuries, 13 states adopted constitutional provisions prohibiting members of the clergy from holding public elected or appointed office. But know this: Illegal smuggling is being aided and abetted by U.S. residents. 48. Notwithstanding any other provision of this constitution, any entity created or directed to conduct this review and approval may include members, or appointees of members, of the executive, legislative, and judicial departments of state government. 5) 2) (g) If the legislature provides for a fire fighters' pension commissioner, the term of office for that position is four years. The comptroller is responsible for setting the salary and compensation packages for legislators. What is the ultimate check on the governor? giving a speech to a local civic group. (q) To the extent that any statutes of this state, including without limitation, Section 41.001 of the Texas Property Code, purport to limit encumbrances that may properly be fixed on homestead property in a manner that does not permit encumbrances for extensions of credit described in Subsection (a)(6) or (a)(7) of this section, the same shall be superseded to the extent that such encumbrances shall be permitted to be fixed upon homestead property in the manner provided for by this amendment. (b) When a Railroad Commission is created by law it shall be composed of three Commissioners who shall be elected by the people at a general election for State officers, and their terms of office shall be six years. 13 repealed Aug. 5, 1969; current Sec. (t) A home equity line of credit is a form of an open-end account that may be debited from time to time, under which credit may be extended from time to time and under which: (1) the owner requests advances, repays money, and reborrows money; (2) any single debit or advance is not less than $4,000; (3) the owner does not use a credit card, debit card, or similar device, or preprinted check unsolicited by the borrower, to obtain an advance; (4) any fees described by Subsection (a)(6)(E) of this section are charged and collected only at the time the extension of credit is established and no fee is charged or collected in connection with any debit or advance; (5) the maximum principal amount that may be extended under the account, when added to the aggregate total of the outstanding principal balances of all indebtedness secured by the homestead on the date the extension of credit is established, does not exceed an amount described under Subsection (a)(6)(B) of this section; (7) the lender or holder may not unilaterally amend the extension of credit; and. 51. the legislature fails to redistrict in the first regular session. 13A. 5) The legislature may provide for the advancement of food and fiber in this state by providing representative associations of agricultural producers with authority to collect such refundable assessments on their product sales as may be approved by referenda of producers. (a)-(c) amended and (d)-(f) added Nov. 7, 1989; Subsecs. (5) at any time by the lender, on behalf of the borrower, if the borrower fails to timely pay any of the following that the borrower is obligated to pay under the loan documents to the extent necessary to protect the lender's interest in or the value of the homestead property: (C) costs of repairs or maintenance performed by a person or company that is not an employee of the lender or a person or company that directly or indirectly controls, is controlled by, or is under common control with the lender; (D) assessments levied against the homestead property; and. (TEMPORARY TRANSITION PROVISION for Sec. It establishes the framework of government, delegates the powers and duties of governmental bodies, and defines the relationship between the government and their citizens. 67. (f) Retirement Systems Not Belonging to a Statewide System. (a) amended Nov. 6, 2001; Subsecs. A HOME EQUITY LOAN MUST BE WITHOUT RECOURSE FOR PERSONAL LIABILITY AGAINST YOU AND YOUR SPOUSE. An individual can seek the nomination of a state-recognized political party. PROTECTED BENEFITS UNDER CERTAIN PUBLIC RETIREMENT SYSTEMS. PRACTITIONERS OF MEDICINE. In Texas, what is the primary effect of a plural executive? The language of this provision is identical to the language of the official legislative measure that originally proposed the provision. There are three basic methods by which an individual may become a candidate for office in a state. This subsection does not prohibit state agencies authorized to render services to the handicapped from contracting with privately-owned or local facilities for necessary and essential services, subject to such conditions, standards, and procedures as may be prescribed by law. It prevents the legislature from overriding the veto. In Texas, if a sitting governor is unable to hold office due to impeachment and conviction, resignation, or death, who becomes governor? 2: See Appendix, Note 3.). Why did the Texas constitution establish a plural executive? Draw new districts, boundaries that represented the population fairly the "one-person, one-vote" principle. 2019-25 - Canvass and Recount Deadlines for November 5, 2019 Uniform Election Date: No. 1) From the mobile device browser, enter www.txlegis.com. Sec. EXISTING STATE LAWS TO CONTINUE IN FORCE. 53: See Appendix, Note 1. (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. Should the Legislature enact any enabling laws in anticipation of this amendment, no such law shall be void by reason of its anticipatory nature. Which of the following is not a legislative power of the Texas governor? impeachment informs the legislature how much money it has to spend on the budget. 11. (b) amended Nov. 2, 1999; Subsec. What is the Texas governor's greatest judicial power? During the 83rd Legislature (2013), the Texas Legislature passed Senate Bill (SB) 427 which requires prospective and current child placing agency (CPA) employees to complete a Federal Bureau of . Definition of "dual office holding" and general rule: The Texas Constitution generally prohibits one person from holding more than one paid public office. U.S. citizen Two-thirds of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as each House may provide. (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. A resolution deals only with issues affecting local government, while a bill deals with the entire state. 4) (k) "Reverse mortgage" means an extension of credit: (1) that is secured by a voluntary lien on homestead property created by a written agreement with the consent of each owner and each owner's spouse; (2) that is made to a person who is or whose spouse is 62 years or older; (3) that is made without recourse for personal liability against each owner and the spouse of each owner; (4) under which advances are provided to a borrower: (A) based on the equity in a borrower's homestead; or. 2019-26 - Post Election Procedures and Qualifying for Office for the November 5, 2019 Uniform Election Date: No. (D) the contract for the work and material is executed by the owner and the owner's spouse only at the office of a third-party lender making an extension of credit for the work and material, an attorney at law, or a title company; (A) is secured by a voluntary lien on the homestead created under a written agreement with the consent of each owner and each owner's spouse; (B) is of a principal amount that when added to the aggregate total of the outstanding principal balances of all other indebtedness secured by valid encumbrances of record against the homestead does not exceed 80 percent of the fair market value of the homestead on the date the extension of credit is made; (C) is without recourse for personal liability against each owner and the spouse of each owner, unless the owner or spouse obtained the extension of credit by actual fraud; (D) is secured by a lien that may be foreclosed upon only by a court order; (E) does not require the owner or the owner's spouse to pay, in addition to any interest or any bona fide discount points used to buy down the interest rate, any fees to any person that are necessary to originate, evaluate, maintain, record, insure, or service the extension of credit that exceed, in the aggregate, two percent of the original principal amount of the extension of credit, excluding fees for: (i) an appraisal performed by a third party appraiser; (ii) a property survey performed by a state registered or licensed surveyor; (iii) a state base premium for a mortgagee policy of title insurance with endorsements established in accordance with state law; or. Second, districts must be drawn in a manner that neither has the purpose nor will . Sec. If the discussions with the borrower are conducted primarily in a language other than English, the lender shall, before closing, provide an additional copy of the notice translated into the written language in which the discussions were conducted. A resolution is just another name for a bill. What is the purpose of the Sunset Advisory Commission in Texas? 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. 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. 13 added Sept. 13, 2003.) Two primary requirements govern redistricting. (1) Notwithstanding any other provision of this section, the system of retirement, disability, and survivors' benefits heretofore established in the constitution or by law for justices, judges, and commissioners of the appellate courts and judges of the district and criminal district courts is continued in effect. how the governor conducts himself in office, uses the position's formal power, and exercises political influence. Sec. the regular session of the Legislature the various committees of each House shall hold hearings to consider all bills and resolutions and other matters then pending; and such emergency matters as may be submitted by the Governor. Yosemite National Park . (11) that is secured by a lien that may be foreclosed upon only by a court order, if the foreclosure is for a ground other than a ground stated by Subdivision (6)(A) or (B) of this subsection. Amended Nov. 6, 2001.) (g) added Nov. 6, 2001.). In the prior exercise, you were asked to obtain the most recent annual report of a company that you were interested in reviewing throughout this term. (2) undisbursed funds under a reverse mortgage loan are considered equity in a borrower's home and not proceeds from a loan. All pretended sales of the homestead involving any condition of defeasance shall be void. A candidate must prepare to meet ballot access requirements well in advance of primaries, caucuses, and the general election. . 5) The first would preempt significant portions of the. (a) The Legislature shall by general laws, authorize the incorporation of state banks and savings and loan associations and shall provide for a system of State supervision, regulation and control of such bodies which will adequately protect and secure the depositors and creditors thereof. "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. Sec. The legislature by law may further restrict the investment discretion of a board. APPROPRIATIONS FOR HISTORICAL MEMORIALS. Amended Nov. 2, 1948, Nov. 4, 1980, Nov. 3, 1987, and Nov. 2, 1999.). ", "YOU SHOULD CONSULT WITH YOUR HOME COUNSELOR OR AN ATTORNEY IF YOU HAVE ANY CONCERNS ABOUT THESE OBLIGATIONS BEFORE YOU CLOSE YOUR REVERSE MORTGAGE LOAN. In making investments, a board shall exercise the judgment and care under the circumstances then prevailing that persons of ordinary prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income therefrom as well as the probable safety of their capital. 140 days (4) General laws establishing retirement systems and optional retirement programs for public employees and officers in effect at the time of the adoption of this section remain in effect, subject to the general powers of the legislature established in this subsection. Provided, that nothing in this Constitution shall be construed to prohibit an officer or enlisted man of the National Guard, the National Guard Reserve, the Texas State Guard, and any other active militia or military force organized under state law, or an officer in the Officers Reserve Corps of the United States, or an enlisted man in the Organized Reserves of the United States, or retired officers of the United States Army, Air Force, Navy, Marine Corps, and Coast Guard, and retired warrant officers, and retired enlisted men of the United States Army, Air Force, Navy, Marine Corps, and Coast Guard, and officers of the State soil and water conservation districts, from holding at the same time any other office or position of honor, trust or profit, under this State or the United States, or from voting at any election, general, special or primary in this State when otherwise qualified. "(3) MAY ALSO CONTAIN OTHER TERMS OR CONDITIONS THAT MAY NOT BE PERMITTED IN A TRADITIONAL HOME EQUITY LOAN. Sec. That's why the House and Senate are proposing another $4.6 billion to strengthen our border security efforts. HOWEVER, A HOME EQUITY LOAN MAY HAVE A HIGHER INTEREST RATE AND CLOSING COSTS THAN A NON-HOME EQUITY LOAN.". These nine members are voting members of the Commission. 4) If a vacancy would normally be filled by special election, the governor may appoint the temporary acting officer for a state or district office, and the governing body of a political subdivision may appoint the temporary acting officer for an office of that political subdivision. 2023 Goulston & Storrs PC. 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