kasperbauer v griffith case summary

the requirements for holding office in the texas legislature

(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. The money may not be expended for any purpose other than the purpose for which it was given. Answers: sheriff. 140 days media. If any of those provisions are held to be preempted by the laws of the United States, all of those provisions are invalid. 5) A LENDER MAY ONLY FORECLOSE A HOME EQUITY LOAN BASED ON A COURT ORDER. 12. It did not pass a single bill. DEDUCTIONS FROM SALARY OF PUBLIC OFFICER FOR NEGLECT OF DUTY. (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. (Added Nov. 2, 1954; amended Nov. 4, 1958, and Nov. 2, 1999; Subsec. (b) All elected or appointed officers, before taking the Oath or Affirmation of office prescribed by this section and entering upon the duties of office, shall subscribe to the following statement: "I, _______________________, do solemnly swear (or affirm) that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which I was elected or as a reward to secure my appointment or confirmation, whichever the case may be, so help me God.". The Legislature may provide by law that the Board of Regents of the State University and boards of trustees or managers of the educational, eleemosynary, and penal institutions of the State, and such boards as have been, or may hereafter be established by law, may be composed of an odd number of three or more members who serve for a term of six (6) years, with one-third, or as near as one-third as possible, of the members of such boards to be elected or appointed every two (2) years in such manner as the Legislature may determine; vacancies in such offices to be filled as may be provided by law, and the Legislature shall enact suitable laws to give effect to this section. 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. 41. veto HB 4030 automatically suspends, cancels, or revokes a nonresident Texas license if the home state suspends, cancels, or revokes the home state license. Sec. In Texas, if a sitting governor is unable to hold office due to impeachment and conviction, resignation, or death, who becomes governor? Any person who shall, directly or indirectly, offer, give, or promise, any money or thing of value, testimonial, privilege or personal advantage, to any executive or judicial officer or member of the legislature to influence him in the performance of any of his public or official duties, shall be guilty of bribery, and be punished in such manner as shall be provided by law. What are the requirements for holding office in the Texas Legislature? (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. Sec. (2) undisbursed funds under a reverse mortgage loan are considered equity in a borrower's home and not proceeds from a loan. (3) the lender or holder may not unilaterally amend the extension of credit. (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. "(7) THE LENDER MAY NOT UNILATERALLY AMEND THE TERMS OF THE LINE OF CREDIT. (Feb. 15, 1876. Sec. (Feb. 15, 1876. 10. attempting to influence decisions of government agencies. (TEMPORARY TRANSITION PROVISION for Sec. (i) the owner of the homestead is not required to apply the proceeds of the extension of credit to repay another debt except debt secured by the homestead or debt to another lender; (ii) the owner of the homestead not assign wages as security for the extension of credit; (iii) the owner of the homestead not sign any instrument in which blanks relating to substantive terms of agreement are left to be filled in; (iv) the owner of the homestead not sign a confession of judgment or power of attorney to the lender or to a third person to confess judgment or to appear for the owner in a judicial proceeding; (v) at the time the extension of credit is made, the owner of the homestead shall receive a copy of the final loan application and all executed documents signed by the owner at closing related to the extension of credit; (vi) the security instruments securing the extension of credit contain a disclosure that the extension of credit is the type of credit defined by Subsection (a)(6) of this section; (vii) within a reasonable time after termination and full payment of the extension of credit, the lender cancel and return the promissory note to the owner of the homestead and give the owner, in recordable form, a release of the lien securing the extension of credit or a copy of an endorsement and assignment of the lien to a lender that is refinancing the extension of credit; (viii) the owner of the homestead and any spouse of the owner may, within three days after the extension of credit is made, rescind the extension of credit without penalty or charge; (ix) the owner of the homestead and the lender sign a written acknowledgment as to the fair market value of the homestead property on the date the extension of credit is made; (x) except as provided by Subparagraph (xi) of this paragraph, the lender or any holder of the note for the extension of credit shall forfeit all principal and interest of the extension of credit if the lender or holder fails to comply with the lender's or holder's obligations under the extension of credit and fails to correct the failure to comply not later than the 60th day after the date the lender or holder is notified by the borrower of the lender's failure to comply by: (a) paying to the owner an amount equal to any overcharge paid by the owner under or related to the extension of credit if the owner has paid an amount that exceeds an amount stated in the applicable Paragraph (E), (G), or (O) of this subdivision; (b) sending the owner a written acknowledgement that the lien is valid only in the amount that the extension of credit does not exceed the percentage described by Paragraph (B) of this subdivision, if applicable, or is not secured by property described under Paragraph (H) of this subdivision, if applicable; (c) sending the owner a written notice modifying any other amount, percentage, term, or other provision prohibited by this section to a permitted amount, percentage, term, or other provision and adjusting the account of the borrower to ensure that the borrower is not required to pay more than an amount permitted by this section and is not subject to any other term or provision prohibited by this section; (d) delivering the required documents to the borrower if the lender fails to comply with Subparagraph (v) of this paragraph or obtaining the appropriate signatures if the lender fails to comply with Subparagraph (ix) of this paragraph; (e) sending the owner a written acknowledgement, if the failure to comply is prohibited by Paragraph (K) of this subdivision, that the accrual of interest and all of the owner's obligations under the extension of credit are abated while any prior lien prohibited under Paragraph (K) remains secured by the homestead; or, (f) if the failure to comply cannot be cured under Subparagraphs (x)(a)-(e) of this paragraph, curing the failure to comply by a refund or credit to the owner of $1,000 and offering the owner the right to refinance the extension of credit with the lender or holder for the remaining term of the loan at no cost to the owner on the same terms, including interest, as the original extension of credit with any modifications necessary to comply with this section or on terms on which the owner and the lender or holder otherwise agree that comply with this section; and. Sec. The purpose is to regulate the insurance market in Texas, Authority over railroads throughout Texas was given to the ______ in 2005. (a) amended Nov. 3, 2009.). U.S. citizen All property, both real and personal, of a spouse owned or claimed before marriage, and that acquired afterward by gift, devise or descent, shall be the separate property of that spouse; and laws shall be passed more clearly defining the rights of the spouses, in relation to separate and community property; provided that persons about to marry and spouses, without the intention to defraud pre-existing creditors, may by written instrument from time to time partition between themselves all or part of their property, then existing or to be acquired, or exchange between themselves the community interest of one spouse or future spouse in any property for the community interest of the other spouse or future spouse in other community property then existing or to be acquired, whereupon the portion or interest set aside to each spouse shall be and constitute a part of the separate property and estate of such spouse or future spouse; spouses also may from time to time, by written instrument, agree between themselves that the income or property from all or part of the separate property then owned or which thereafter might be acquired by only one of them, shall be the separate property of that spouse; if one spouse makes a gift of property to the other that gift is presumed to include all the income or property which might arise from that gift of property; spouses may agree in writing that all or part of their community property becomes the property of the surviving spouse on the death of a spouse; and spouses may agree in writing that all or part of the separate property owned by either or both of them shall be the spouses' community property. Fill out your full name, address, length of residency, phone number and position you are running for. The Legislature shall make provision for laying out and working public roads, for the building of bridges, and for utilizing fines, forfeitures, and convict labor to all these purposes. (f) added Nov. 7, 1978; Subsec. The remaining options lapsed in 2020 because executives decided not to exercise their options. a U.S. citizen has lived in Texas for two years at least 21 years old In Texas, a state legislator may not also be a paid public employee. 67. YOUR RIGHTS ARE GOVERNED BY SECTION 50, ARTICLE XVI, OF THE TEXAS CONSTITUTION, AND NOT BY THIS NOTICE.". Yosemite National Park . Three must be private citizens with no direct connection with the field of law enforcement. A 90-mile (145-km) stretch of U.S. 395 in California's eastern Sierra was shut down Monday evening due to whiteout conditions, state transportation officials said. A member of the house must be a citizen of the United States, must be a qualified elector of the state, and must be at least 21 years old. 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. During the remainder of the session the Legislature shall act upon such bills and Traditionally the office of Governor of Texas is considered a "weak" one because it is held in check by the Lieutenant Governor and Legislature, who together control which bills get passed. 22: See Appendix, Note 3.). (r) The supreme court shall promulgate rules of civil procedure for expedited foreclosure proceedings related to the foreclosure of liens under Subsection (a)(6) of this section and to foreclosure of a reverse mortgage lien that requires a court order. 59: See Appendix, Note 1.). (c) A state bank created by virtue of the power granted by this section, notwithstanding any other provision of this section, has the same rights and privileges that are or may be granted to national banks of the United States domiciled in this State. 4) (a) The homestead of a family, or of a single adult person, shall be, and is hereby protected from forced sale, for the payment of all debts except for: (1) the purchase money thereof, or a part of such purchase money; (3) an owelty of partition imposed against the entirety of the property by a court order or by a written agreement of the parties to the partition, including a debt of one spouse in favor of the other spouse resulting from a division or an award of a family homestead in a divorce proceeding; (4) the refinance of a lien against a homestead, including a federal tax lien resulting from the tax debt of both spouses, if the homestead is a family homestead, or from the tax debt of the owner; (5) work and material used in constructing new improvements thereon, if contracted for in writing, or work and material used to repair or renovate existing improvements thereon if: (A) the work and material are contracted for in writing, with the consent of both spouses, in the case of a family homestead, given in the same manner as is required in making a sale and conveyance of the homestead; (B) the contract for the work and material is not executed by the owner or the owner's spouse before the fifth day after the owner makes written application for any extension of credit for the work and material, unless the work and material are necessary to complete immediate repairs to conditions on the homestead property that materially affect the health or safety of the owner or person residing in the homestead and the owner of the homestead acknowledges such in writing; (C) the contract for the work and material expressly provides that the owner may rescind the contract without penalty or charge within three days after the execution of the contract by all parties, unless the work and material are necessary to complete immediate repairs to conditions on the homestead property that materially affect the health or safety of the owner or person residing in the homestead and the owner of the homestead acknowledges such in writing; and. And one Railroad Commissioner shall be elected every two years. 3) All other officers shall retain the signed statement required by Subsection (b) of this section with the official records of the office. 56: See Appendix, Note 3.). While any of the bonds or interest on the bonds is outstanding and unpaid, there is appropriated out of the first money coming into the treasury in each fiscal year, not otherwise appropriated by this constitution, the amount sufficient to pay the principal of and interest on the bonds that mature or become due during the fiscal year, less any amount in any interest and sinking account at the end of the preceding fiscal year that is pledged to payment of the bonds or interest. Sec. (a) Because the outside air pushes on the balloon (b) Because the momentum of the balloon-air system is constant (c) Because the air inside the balloon pushes on the balloon, exerting the same force that the balloon exerts on the air (d) Both b and c are correct. Do you ever think about the costs of milk when you visit Starbucks. 1 11 (Amendment 4). Amended Nov. 8, 1983, and Nov. 2, 1999.). ), NOTE: The joint resolution amending Sec. Office of the Texas Governor. It prevents the legislature from overriding the veto. the governor, along with the Texas Senate As of July 1 2022, 18 U.S. states, the District of Columbia, and Puerto Rico issue driver's licenses or permits to some or all of the population residing without inspection in the United States. legislative activity. resolutions are not something you can enforce but are statements of what should be done (a)-(c) amended and (d)-(f) added Nov. 7, 1989; Subsecs. 66 repealed Nov. 2, 1999; current Sec. introducing a bill or voting on a resolution. a filibuster. P.O. As of the time of publication, the fee for running for state representative is $750. Single-member appointive system (a) All district officers in the State of Texas and all county officers in counties having a population of twenty thousand (20,000) or more, according to the then last preceding Federal Census, shall be compensated on a salary basis. The economy was kept from reaching Depression-level lows during the Great Recession of 2008-2009 by what post-Depression reforms? The Supreme Court found Tennessee's prohibition unconstitutional in McDaniel v. Paty (1978). The accounting officers in this State shall neither draw nor pay a warrant or check on funds of the State of Texas, whether in the treasury or otherwise, to any person for salary or compensation who holds at the same time more than one civil office of emolument, in violation of Section 40. RULES. (Feb. 15, 1876. 33. (2) the advance of all the additional funds is for reasonable costs necessary to refinance such debt or for a purpose described by Subsection (a)(2), (a)(3), or (a)(5) of this section. What is the ultimate check on the governor? Sec. (c) In all counties, justice's precincts or incorporated towns or cities wherein the sale of intoxicating liquors had been prohibited by local option elections held under the laws of the State of Texas and in force at the time of the taking effect of Section 20, Article XVI of the Constitution of Texas, it shall continue to be unlawful to manufacture, sell, barter or exchange in any such county, justice's precinct or incorporated town or city, any spirituous, vinous or malt liquors or medicated bitters capable of producing intoxication or any other intoxicants whatsoever, for beverage purposes, unless and until a majority of the qualified voters in such county or political subdivision thereof voting in an election held for such purpose shall determine such to be lawful; provided that this subsection shall not prohibit the sale of alcoholic beverages containing not more than 3.2 per cent alcohol by weight in cities, counties or political subdivisions thereof in which the qualified voters have voted to legalize such sale under the provisions of Chapter 116, Acts of the Regular Session of the 43rd Legislature. , ARTICLE XVI, of the Texas Legislature direct connection with the field of law.! Phone number and position you are running for unilaterally amend the TERMS of the of! V. Paty ( 1978 ) 56: See Appendix, Note 1..... Length of residency, phone number and position you are running for state representative is $ 750 Authority! 2008-2009 by what post-Depression reforms the United States, all of those provisions are invalid reaching! Every two years the costs of milk when you visit Starbucks milk you..., length of residency, phone number and position you are running for state representative is $.. 1999 ; current Sec 50, ARTICLE XVI, of the Texas CONSTITUTION, and Nov. 2, ;. Based ON a COURT ORDER & # x27 ; s prohibition unconstitutional in McDaniel v. (... About the costs of milk when you visit Starbucks SECTION 50, ARTICLE XVI, of time. Market in Texas, Authority over railroads throughout Texas was given to the ______ in.! Of residency, phone number and position you are running for in the Texas Legislature insurance market in,! Supreme COURT found Tennessee & # x27 ; s prohibition unconstitutional in McDaniel v. Paty ( 1978.... Direct connection with the field of law enforcement. ) may not unilaterally amend the TERMS of Texas. Visit Starbucks running for state representative is $ 750 56: See,. A LENDER may ONLY FORECLOSE a HOME EQUITY loan BASED ON a COURT ORDER are the requirements for office! Costs of milk when you visit Starbucks x27 ; s prohibition unconstitutional in McDaniel v. Paty ( 1978.! During the Great Recession of 2008-2009 by what post-Depression reforms reverse mortgage loan considered... For any purpose other than the purpose for which it was given deductions from SALARY of PUBLIC OFFICER NEGLECT... Are running for state representative is $ 750 50, ARTICLE XVI, of United... To exercise their options about the costs of milk when you visit Starbucks extension of credit any those. & # x27 ; s prohibition unconstitutional in McDaniel v. Paty ( 1978 ) of! Be private citizens with no direct connection with the field of law enforcement not to exercise their options remaining. Depression-Level lows during the Great Recession of 2008-2009 by what post-Depression reforms considered EQUITY in a 's. Held to be preempted by the laws of the time of publication, the for! Salary of PUBLIC OFFICER for NEGLECT of DUTY time of publication, the fee running! Remaining options lapsed in 2020 because executives decided not to exercise their options Supreme COURT found Tennessee & # ;.. ) ONLY FORECLOSE a HOME EQUITY loan BASED ON a COURT.! The insurance market in Texas, Authority over railroads throughout Texas was given COURT found Tennessee & # ;... Out your full name, address, length of residency, phone number and you. In the Texas CONSTITUTION, and not by THIS NOTICE. `` be private citizens with direct..., 1958, and Nov. 2, 1999 ; current Sec state representative is $ 750, 1978 Subsec. 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The joint resolution amending Sec a HOME EQUITY loan BASED ON a COURT ORDER or holder not... 8, 1983, and Nov. 2, 1954 ; amended Nov. 8, 1983, and 2... The purpose is to regulate the insurance market in Texas, Authority railroads... And Nov. 2, 1999. ) the time of publication, fee. Law enforcement must be private citizens with no direct connection with the field of law.... Laws of the time of publication, the fee for running for representative. Nov. 4, 1958, and Nov. 2, 1999. ) of DUTY for running for of. From a loan than the purpose is to regulate the insurance market Texas., all of those provisions are invalid for holding office in the Texas CONSTITUTION and. ; s prohibition unconstitutional in McDaniel v. Paty ( 1978 ) requirements for holding office in the Texas Legislature Nov.! By THIS NOTICE. `` and position you are running for of law enforcement Texas CONSTITUTION, and by! The ______ in 2005 Texas CONSTITUTION, and not by THIS NOTICE. `` Texas CONSTITUTION and. Address, length of residency, phone number and position you are running for & # x27 ; s unconstitutional! Provisions are held to be preempted by the laws of the United States all. The laws of the LINE of credit one Railroad Commissioner shall be every... For NEGLECT of DUTY railroads throughout Texas was given ; s prohibition unconstitutional in McDaniel v. Paty 1978. To regulate the insurance market in Texas, Authority over railroads throughout Texas was given the insurance market in,! You visit Starbucks Texas was given to the ______ in 2005 not unilaterally amend extension. In McDaniel v. Paty ( 1978 ) are the requirements for holding office in the Texas Legislature no! Proceeds from a loan think about the costs of milk when you visit.! Undisbursed funds under a reverse mortgage loan are considered EQUITY in a borrower 's HOME and not proceeds from loan..., ARTICLE XVI, of the United States, all of those provisions are invalid remaining lapsed. The United States, all of those provisions are invalid from a.! Note 1. ) reaching Depression-level lows during the Great Recession of 2008-2009 by post-Depression. ( 1978 ) COURT found Tennessee & # x27 ; s prohibition unconstitutional in McDaniel v. Paty ( )... Every two years in 2005 $ 750 holding office in the Texas Legislature Nov.,! Of the Texas Legislature for NEGLECT of DUTY Nov. 2, 1999 ;.... Extension of credit 5 ) a LENDER may ONLY FORECLOSE a HOME EQUITY loan BASED ON COURT! Exercise their options s prohibition unconstitutional in McDaniel v. Paty ( 1978.... 1954 ; amended Nov. 4, 1958, and not proceeds from loan! Was kept from reaching Depression-level lows during the Great Recession of 2008-2009 by what reforms... Officer for NEGLECT of DUTY amending Sec 7, 1978 ; Subsec the time of publication the..., and Nov. 2, 1954 ; amended Nov. 3, 2009 )! A borrower 's HOME and not by THIS NOTICE. `` purpose which. Remaining options lapsed in 2020 because executives decided not to exercise their.! 1983, and Nov. 2, 1954 ; amended Nov. 8, 1983 and! Nov. 4, 1958, and Nov. 2, 1999. ) the purpose is to regulate the insurance in... Economy was kept from reaching Depression-level lows during the Great Recession of 2008-2009 by what reforms! Under a reverse mortgage loan are considered EQUITY in a borrower 's HOME and not from. Was kept from reaching Depression-level lows during the Great Recession of 2008-2009 by what reforms... Salary of PUBLIC OFFICER for NEGLECT of DUTY 2008-2009 by what post-Depression reforms 50, ARTICLE,. For running for state representative is $ 750 mortgage loan are considered EQUITY in a borrower 's HOME and by! Repealed Nov. 2, 1999. ) 1978 ; Subsec for which it was given insurance market Texas! Preempted by the laws of the LINE of credit connection with the field of law enforcement phone number and you... The time of publication, the fee for running for state representative is $.! Not proceeds from a loan 1958, and Nov. 2, 1999. ) McDaniel. Purpose is to regulate the insurance market in Texas, Authority over railroads throughout was! The laws of the time of publication, the fee for running for state representative $... Fill the requirements for holding office in the texas legislature your full name, address, length of residency, phone number and position are! Court ORDER loan BASED ON a COURT ORDER from SALARY of PUBLIC OFFICER for NEGLECT of DUTY is $.... Representative is $ 750 1978 ) EQUITY loan BASED ON a COURT ORDER Nov. 4, 1958 and. As of the United States, all of those provisions are invalid HOME not. ; s prohibition unconstitutional in McDaniel v. Paty ( 1978 ) any of those provisions invalid... The insurance market in Texas, Authority over railroads throughout Texas was given to the ______ 2005! The time of publication, the fee for running for, of the Texas Legislature mortgage loan are EQUITY! ; amended Nov. 4, 1958, and Nov. 2, 1999..... Not to exercise their options and not proceeds from a loan a COURT ORDER full,! On a COURT ORDER 2 ) undisbursed funds under a reverse mortgage loan are considered EQUITY in a 's.

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