616

New members of the Texas Senate are sworn inat the Capitol on the opening day of the 77th

legislative session in Austin.

Why It MattersAs you study Unit 9, you will learn about Texas government.

Texans have created a system of state, county, and local governmentsto protect freedom and ensure justice.

Primary Sources LibrarySee pages 700–701 for primary source readings to accompany Unit 9.

The Government

ofTexas

CHAPTER XX Chapter TitleChapter Title

“All political power isinherent in the people.”

—Article 1, Section 2, Texas Constitution of 1876, Governor Richard Coke

Dallas/Ft. Worth

Houston

Corpus Christi

McAllen/Brownsville

Port

ArthurSan Antonio

Austin

Amarillo

Lubbock

El Paso

Dallas/Ft. Worth

Houston

Corpus Christi

McAllen/Brownsville

Port

ArthurSan Antonio

Austin

Amarillo

Lubbock

El Paso

&GEOGRAPHY HISTORY

Existing development as of 1993

Lights at Night: Urban Sprawl

Development since 1993

A student closely examines a beaker of pond water.Learning about plants and animals is key to under-standing our environment.

Students get readyto plant a tree inAustin. Trees con-tribute to clean air by removing carbon dioxide andreleasing oxygen.

Scientists are banding elf owls inWest Texas so they can keep trackof the tiny birds. Researchers aresetting up nest boxes to see ifthe owls will use them whentheir natural homes have beendestroyed.

1. In what areas of Texas does the map show the great-est growth since 1993? Are there many new lights near your community? How would you describe therate of development in your region?

2. What environmental problems are there in your area?

L E A R N I N G f r o m G E O G R A P H Y

Bright lights spread across the night sky of Texas, one of the fastest growing states in the country. Between1993 and 2000, Texas grew by more than two and a halfmillion people. Today there are 21 million Texans, and the population is expected to double in the next 50 years.Growth puts a strain on the environment, but many peo-ple are trying to preserve the air, water, and wildlife.

WaterWater, which sustains people, crops, animals, and industry,is getting scarce in some regions of Texas. During recentdroughts, roaring rivers like the Rio Grande slowed to amere trickle. Many Texans depend on aquifers, or naturalunderground reservoirs, for water. As more and more peo-ple need water, aquifers like the Ogallala and the Hueco–Mesilla Bolson are being drained faster than they can refill.To save water, some cities are asking residents not to wateryards on certain days.

AirSome Texas students are trying to clean the air and beau-tify the environment by planting trees. Pollutants fromcars, oil refineries, chemical plants, and other industriesmay contribute to poor air quality. People can improve the air by walking, riding bikes, carpooling, or using public transportation when possible instead of using their own car.

WildlifeAs people clear land to grow crops or build houses, stores,factories, and roads, they destroy many animal homes.Some Texans are making an effort to provide water, nestboxes, and local plants for wildlife on their own property.

TrashMore people generally means more garbage, but cities likeAustin have actually reduced the amount of garbage peo-ple generate. Austin has encouraged its residents to recyclepaper, plastics, glass, and aluminum.

Maintaining a healthy environment is a challenge, butmany Texans are cleaning up, recycling, saving water, andtrying to protect the natural resources of the state.

619

CARING FORTHE EARTH

Volunteers help protect coastalwildlife and the beauty of thebeach by picking up trash onPadre Island.

As water suppliesdwindle, someTexans are tryingto conserve andclean up pollutedwaterways.

100,000

110,000

120,000

130,000

1992 1993 1994 1995 1996 1997 1998 1999 2000

Annual Household Garbage

Totals in Austin

(Tons)

Houston

CorpusChristi

Brownsville

OgallalaAquifer

Hueco-Mesilla

Bolson Aquifer

G u l f o f

M e x i c o

Galveston Bay

Corpus ChristiBay

Rio Grande

Port Isabel

Red R.

Trinity R.

Nuec

es R.

Pecos R.

N

SEW

0 km 200

0 mi. 150

Albers Equal-Area projection

Water Problemsin Texas

Coasta l po l lut ion

River po l lut ion

Threatenedaqui fers

Severe coasta lpo l lut ion

Why It MattersThe organization of a government and a justice system are made possible

through a document called a constitution. Texans live under a state constitutionadopted in 1876.

The Impact TodayThe writers of the Texas Constitution of 1876 provided that many important

decisions would be made by the voters. Texans, therefore, frequently vote onamendments to the constitution.

620 CHAPTER 28 Democracy & Constitutions

1789• France adopted its first constitution

1788• U.S. Constitution ratified

1827★ First constitution

written for Texas

1836★ Republic of Texas

adopted constitution

1821• Simón Bolívar freed Venezuela from Spanish control

1791• Bill of Rights added to U.S. Constitution

1861• Russian serfs emancipated

1865• Thirteenth Amendment abolished slavery

1780 1790 1820 1840 1860

Democracy &Constitutions

1876★ Current Texas

constitution adopted

Article 1, Section 27, of the Texas constitution guarantees that“citizens shall have the right, in a peaceable manner, to assembletogether for their common good.”

1920• Nineteenth Amendment gave women the right to vote

1944• Women in France gained right to vote

19001880 1920 1940

621CHAPTER 28 Democracy & Constitutions

Texas Constitution of 1876

Texas Justice System

Step 1 Mark the midpoint of the side edge ofa sheet of paper.

Step 2 Turn the paper and fold the outsideedges in to touch at the midpoint.

Step 3 Turn and label your foldable as shown.

Summarizing Information Study FoldableMake this foldable to help you collect and analyzeinformation about the history of the Texasconstitution and democracy in Texas.

Reading and Writing As you read the chapter,record information under each tab of yourfoldable. For example, under the top flap, writeabout the constitutions of Texas. Use a time lineto record significant developments. Under thebottom flap, include information on the Texassystem of justice.

Draw a markat the midpoint.

TEXASHISTORY

Chapter OverviewVisit the texans.glencoe.comWeb site and click onChapter 28—ChapterOverviews to previewchapter information.

622 CHAPTER 28 Democracy & Constitutions

Second constitution (after declaringindependence)

Third constitution(after becoming part of the U.S.)

TexasConstitutions

Guide to ReadingMain IdeaThe Texas constitution establishes aframework of government for today.

Key Termsconstitution, amendment, bill ofrights, federalism, separation ofpowers, legislature, executive, judiciary, checks and balances,bond

Reading StrategyClassifying Information As you readthis section, create a web like the onebelow and fill in the three branches ofTexas government.

Read to Learn• about the Texas constitution.• what three branches make up the

state government.• how to amend the constitution.

Section ThemeGovernment and Democracy Thecurrent constitution of Texas empha-sizes that political power belongs tothe people.

First constitution for Coahuila y Tejas

Preview of Events

Fourth, fifth, and sixth constitutions

Seventh constitution,still used today

When the delegates to the state’s Constitutional Convention of 1876 met,their goal was to create a document that would meet the needs of Texans formany years. Their experiences must have told them this would be a difficulttask. Since 1827—a little less than 50 years—Texans lived under six differentconstitutions. Yet, without the benefits of electricity, computers, or tele-phones, the diverse group of men produced a constitution that is still in use today, more than 125 years later.

✦1845 ✦1861 ✦1866 ✦1869 ✦1876

The Texas Constitution in Early GovernmentWhat exactly is a constitution, and why is it important? A constitution

is a document that outlines fundamental laws and principles of law. Itdescribes the nature, functions, and limits of government. Citizens of

✦1836✦1827

Constitution of 1876

TexasGovernment

Texas live under the laws of both the UnitedStates and the Texas constitutions.

In 1827 the legislature of Coahuila y Tejaswrote the first of Texas’s seven constitutions.Modeled after the Mexican constitution, itstrictly controlled regional and individualrights. After gaining independence from Mexicoin 1836, Texas wrote another constitution. Thisserved Texas until it became part of the U.S. in1845, when a third constitution was written.During the Civil War and Reconstruction, threemore constitutions were written. Another con-stitution, adopted in 1876, was written at theend of Reconstruction. That document is Texas’spresent constitution. (See pages 710 and 711 forsummaries of these constitutions.)

The Role of ConstitutionsEach Texas constitution has had four impor-

tant purposes. They have outlined parts of thegovernment and described the duties of each.Officials and governmental bodies were givenvarious powers. The constitutions described the rights of citizens. They provided a methodfor making changes, or adding amendments.

Each constitution reflected the times in which itwas written. The earliest Texas constitutions per-mitted slavery. Women were not even mentioned

in the early constitutions. They struggled for theright to vote until 1920. Today all Texas citizens 18years of age or older who have not been convictedof serious crimes are eligible to vote.

Constitutions reflect the ideals and values ofcitizens. Later Texas constitutions were modeledafter the United States Constitution. Definingcitizen rights and powers became important.Most constitutions emphasize that politicalpower belongs to the people, a concept knownas popular sovereignty, and that citizens’ voicesmust be heard at all levels of government.Sometimes a bill of rights, specifically listingindividual freedoms, is included.

Contrasting How do the earliestTexas constitutions differ from later constitutions?

FederalismAs a state within the United States, Texas is

part of a federal system of government, whichmeans that some powers belong to the federalgovernment and others belong to state govern-ments. This sharing of powers and duties is

623CHAPTER 28 Democracy & Constitutions

Opening day of the 77th legislative session at the StateCapitol was on January 9, 2001. How do you thinkpoliticians persuade other legislators to approve bills?

Exploring Government

called federalism. Powers given to the states arereserved powers. Examples are a state’s right toregulate commerce within its borders, providefor a state militia, establish the legal age for mar-riage without parental permission, and createpublic school systems. On the other hand, Texasdoes not have the right to create its own money,declare war, or sign treaties with other countries,because those are specific powers of the federalgovernment. Thus, the Texas constitution andother laws address all powers that do not belongto the federal government.

Three Branches of GovernmentThe Texas Constitution of 1876 requires that

the three branches of government be separate. InArticle II, the constitution states that “thepowers of the government of the State of Texas

shall be divided intothree distinct depart-ments.” This separa-tion of powers preventsany branch from hav-ing too much power.These divisions areknown as the legisla-tive, the executive, andthe judicial branches ofgovernment.

The legislature, with its power vested in theSenate and House of Representatives, makes thelaws of the state. The legislature also is given theresponsibility of approving the state’s budget.The Constitution of 1876 set the limit of theSenate at 31 members. The House of Repre-sentatives consisted of one representative forevery 15,000 inhabitants in the state, never toexceed 150 members. Today, the House hasreached that limit. Texas has a population ofnearly 20.8 million, so a member now representsmany more than 15,000 people.

The executive department is responsible forseeing that the laws of the state are carried out.It consists of the chief executive (the governor),lieutenant governor, secretary of state, comptrol-ler of public accounts, commissioner of theGeneral Land Office, commissioner of agricul-ture, and attorney general. The office of treas-urer was eliminated in 1996.

The judicial branch, or judiciary, interpretsthe laws of the state and decides how the lawsshould be applied. The judiciary also may trypeople accused of crimes and may settle otherdisputes. It consists of several courts, includingthe supreme court and courts of appeals.

The writers of the Texas constitution alsobelieved it was important for each branch ofgovernment to act as a check on the powers ofthe other two. This is called the principle ofchecks and balances. The legislature, for exam-ple, makes the laws. The governor, who headsthe executive branch, can check this powerthrough the veto power. The legislature, with atwo-thirds vote, can pass a law over a veto. Atthe same time, the supreme court—the finalauthority of the judicial branch—can rule thatlaws passed by the legislature and signed by thegovernor are unconstitutional.

Article 1 – Bill of RightsThe Texas Constitution

1. Texas is a free and independent state.

2. All political power is inherent in the people.

3. All free men have equal rights.

4. No religious test is required to hold office.

5. Oaths are administered according to the conscienceof the individual.

6. Freedom of worship is guaranteed.

7. No money shall be appropriated for sectarian(religious) purposes.

8. Freedom of speech and the press is guaranteed.

9. No unreasonable search and seizure is permitted.

10. Rights of persons accused of crime are protected.

624 CHAPTER 28 Democracy & Constitutions

Analyzing Ten of the 31 specific rights granted toTexas citizens in the state bill of rights are listed atleft. Why is freedom of speech and the press importantin a democracy?

TEXASHISTORY

Student WebActivity Visit thetexans.glencoe.com Website and click onChapter 28—StudentWeb Activity to learnmore about the threebranches of government.

The Bill of Rights Protects CitizensProtecting the rights of citizens is so impor-

tant to Texans that the constitution begins with abill of rights, similar to the one in the UnitedStates Constitution. The Texas Bill of Rights pro-tects freedom of speech, religion, and the press.It guarantees the right to bear arms, forbidsunreasonable searches and seizures, and assuresaccused people a speedy trial. The bill of rightsalso lists special rights for crime victims. Thesefreedoms are essential for a free and democraticsociety that relies on free speech and opendebate to create sound public policy.

The Constitution of 1876 The Constitution of 1876 is considered by some

historians to be a reaction to the Reconstructionadministration of Governor Davis. The Con-stitution of 1869 gave the executive branch morepower than previous constitutions. The 1876Constitution prevented a strong governor fromcontrolling all the branches of government.

Adopted on February 15, 1876, the currentTexas constitution established a system of publicschools. It separated government into threebranches and strengthened the system of checksand balances. While the constitution guaranteedthat race could not prevent a person from voting,women were not mentioned. The Constitution of

1876 also removed much of the governor’spower and cut salaries for state officials. Terms ofoffice were shortened. To reduce costs and limitpowers, legislative sessions were scheduled tomeet once every two years instead of annually.

Many argue the constitution is badly out-dated because so many changes have been madeto it since 1876 to address shifting times. Severaltries to adopt a new constitution have failed.Instead, Texans have updated the existing con-stitution by voting on amendments.

Amending the ConstitutionAmendments are formal additions to a

constitution. During every legislative session,amendments are considered to keep the statecurrent with changing times. Amendments havebeen passed to authorize the issuing of bonds(guarantees from the government to repaymoney it borrows), to abolish political offices, toexempt school districts or other entities fromtaxes, and to deal with other issues.

Adopting an amendment requires approval bytwo-thirds of both the House and Senate, fol-lowed by voter approval. The governor cannotveto amendments to the Texas constitution.

Describing Name three types ofamendments that have been passed.

625CHAPTER 28 Democracy & Constitutions

Checking for Understanding1. Using Key Terms Use the words

constitution and amendment in asentence that explains how statelaws are changed.

2. Reviewing Facts Summarize somekey rights granted by the Texas Billof Rights.

Reviewing Themes3. Government and Democracy

How is the Texas constitution similar to the United StatesConstitution?

Organizing to Learn4. Identifying Central Issues Create

a chart like the one shown andidentify the major area of responsi-bility of each of the branches ofgovernment.

Critical Thinking5. Analyzing How does the current

Texas constitution reflect the idealsand values of Texans?

6. Predicting Since the Texas consti-tution limits the power of the exec-utive, what factors might affect agovernor’s influence or power?

Determining Cause and Effect Whydid the framers of the 1876 Constitutionlimit the powers of the state government?

Branch of Government ResponsibilityExecutive

Legislative

Judicial

626 CHAPTER 00 Chapter Title

Why Learn This Skill?A multimedia presentation is a different way to

learn and to share material. It combines many typesof media. Multimedia presentations can hold yourclassmates’ attention. They also enable you to famil-iarize yourself with some interesting learning tools.

Learning the SkillA multimedia presentation involves using several

types of media, including photographs, videos, orsound recordings. The equipment can range fromsimple cassette players, to overhead projectors, toVCRs, to computers, and beyond.

Multimedia, as it relates to computer technology, is the combination of text, video, audio, and anima-tion in an interactive computer program. You needcertain tools to create multimedia presentations on a computer, including computer graphic tools anddrawing programs, animation programs, and author-ing systems that tie everything together. Your com-puter manual will tell you which tools your computer can support.

Practicing the SkillPlan and create a multimedia presentation on a

topic found in the chapter, such as Texas constitu-tions or the Department of Criminal Justice. Afterselecting your topic, list three or four major ideasyou would like to cover. When you decide on yourtopic, consider whether the topic has enoughresources available. If you choose a unique orunusual topic, it will be more difficult to findresources, so choose your topic wisely. Use the questions listed in the next column as a guide whenplanning your presentation.

1Which forms of media do I want to include?Video? Sound? Animation? Photographs? Graphics?

2Which kinds of media equipment are available atmy school or local library?

3What types of media can I create to enhance my presentation?

4Which of the media forms does my computer support?

TechnologyTechnology

Developing Multimedia Presentations

Developing Multimedia Presentations Choose an individual in Texas history and create a multimedia presentation about his or her contributions. Use as manymultimedia materials as possible, and share your presentation with the class.

626 CHAPTER 28 Democracy & Constitutions

The TexasSystem of Justice

Guide to Reading

Over 62,000 attorneyshold licenses to practicelaw in Texas

Preview of Events

Main IdeaThe Texas court system protectscitizens’ rights.

Key Termscivil law, criminal law, felony, misdemeanor, grand jury,indictment, no bill, petit jury, plea bargain, juror, mediate

Reading StrategyClassifying Information As you readthis section, create a chart like theone shown and list the types of casesheard in each court.

Read to Learn• about civil law and criminal law.• about juvenile justice.• about Texas law enforcement.

Section ThemeCivic Rights and ResponsibilitiesThrough the system of trial andappeals courts, disputes can be settled, and people accused of crimes can be fairly tried.

✦1967

Fourteenth appealscourt is added inHouston

The Judicial SystemThe judicial branch is made up of courts and judges throughout the

state. It serves three purposes. It supports a system by which those accusedof crimes may be tried and, if found guilty, punished; it provides a system

Courts Cases HeardMunicipal

Justice of the Peace

County

District

✦2001

Texas Departmentof Criminal Justiceis formed

✦1989

627CHAPTER 28 Democracy & Constitutions

By the year 2001, almost 400 amendments had been added to the originalConstitution of 1876 in an effort to keep the document current. Althoughsome argue that the constitution is outdated even with the changes, the lasttime a constitutional convention was called to rewrite the document was backin 1974. After meeting for seven months, the convention failed by three votesto approve a new version of the constitution to submit to Texas voters—theConstitution of 1876 was to remain the law of the land.

Texas citizens participating in state

government

in which disputes can be settled; and it decideswhat the laws of the state mean and how theyshould be enforced. Texas, like the United States,has two general areas of law—civil and criminal.With the exception of some local judges, Texasjudges are elected by voters.

Texas Civil LawThe word civil comes from the Latin word for

citizen. Civil law pertains to legal disputesbetween private citizens, businesses, and gov-ernments. Lawsuits between citizens are knownas civil suits and are based on civil laws.

Most civil cases concern disputes about property, money, child custody, or insuranceclaims. Civil cases may be decided either by ajudge or by a judge and a jury. Judge and jury tri-als can be very expensive and time consuming.Because of this, parties to civil cases are encour-aged to try to work out agreements in out-of-court settlements. Still, about one-third of thecivil cases filed in Texas actually go to trial.

Evaluating Why are parties in civilcases encouraged to seek out-of-court settlements?

Criminal LawCriminal law is the set of laws that describe

what people can and cannot do. It is concernedwith crimes and punishments. Criminal laws

protect the public and help maintain order.Criminal codes make it illegal for someone tobreak into your home and steal your video gameor television. Punishments for such crimes arealso included in the criminal codes.

A criminal case is one in which a person orpeople are accused of breaking the law. In acriminal case, the government brings courtaction against the accused. A private citizen can-not file a criminal suit but may bring a civil suitresulting from a criminal action. Sometimes peo-ple have been found not guilty in criminal casesand at fault in a related civil case.

Two types of offenses are recognized undercriminal law—felony and misdemeanor. Afelony is a very serious crime, such as murder,arson, or kidnapping. A misdemeanor is a lessserious crime, such as disorderly conduct, gam-bling, or dangerous traffic violations.

If convicted of a felony, the accused personusually goes to prison and, depending on thenature of the crime, might be given the deathpenalty. Texas leads the nation in the number ofexecutions of violent criminals. As a result, thestate has been criticized by some groups. Peopleconvicted of misdemeanors may pay fines, serveterms in county jails, or both.

Identifying Who is responsible forbringing court action in a criminal case?

Justice for JuvenilesMuch of the effort of the juvenile justice

system is directed at preventing child and ado-lescent legal problems. Programs try to getyouths involved in families, schools, and com-munities. When these programs are not enough,however, the state must intervene for the protec-tion of both the youth and the public.

628 CHAPTER 28 Democracy & Constitutions

What they do: What they do:

Who they are: Who they are:

Hear civil and criminalcases and render verdicts

Determine whether trialsheld in trial courts werefair; can order new trials

• Municipal/Justice of the Peace• County Courts• District Courts

• Courts of Appeals• Court of Criminal

Appeals (for criminalcases) and SupremeCourt (for civil cases)

Trial Courts Appeals Courts

The Texas Court System

Identifying The Texas court system allows for anappeals process. What is the major role of the appealscourts in Texas?

The Texas Youth Commission (TYC) is thestate’s juvenile corrections agency. The TYCprovides for the care, custody, and rehabilita-tion of Texas’s most chronically delinquent orserious juvenile offenders. Young peoplebetween the ages of 10 and 17 who have com-mitted serious offenses are the responsibility ofthe TYC. While in this system, offendersreceive a medical evaluation, educational test-ing and assessment, and a psychological evalu-ation. Special treatment for problems such asdrug dependency or violent behavior is pro-vided. If the crimes are serious enough, a youthmay be transferred to the adult prison system(Texas Department of Criminal Justice) to com-plete the sentence.

Describing What kind of offendersare the responsibility of the Texas Youth Commission?

The Jury SystemWhenever a person is accused of a felony, a

group of people called a grand jury considersthe case. If 9 or more of the 12 members of thegrand jury believe there is evidence that the person might have committed the crime, anindictment, called a “true bill,” is issued. If thegrand jury decides there is not enough evidenceto justify a trial, it can issue a “no bill.” In mostcases grand juries agree with the recommenda-tions of the prosecuting attorney.

A petit jury decides the criminal cases that goto court. After the attorneys present the evidence,all members of the jury must agree on a decisionof “guilty” or “not guilty.” If the jury decides thatthe accused person is guilty, either the judge orthe jury decides on a sentence.

Some cases are settled by plea bargaining.Usually, in such cases, the defendant agreesto plead guilty to a lesser charge. Why is pleabargaining used? Many times, both sideshave something to gain. The courts cannot

handle all the cases that come up for trial. Whena plea bargain occurs, the government saves themoney and time involved in a trial. The guiltyplea also ensures that the accused will receivesome punishment.

Working for JusticeMany state and local agencies work together to

enforce the laws of Texas. The Texas Departmentof Public Safety (DPS) conducts criminal investi-gations, supervises highway traffic, and licensesdrivers. County sheriffs and city police depart-ments conduct local law enforcement. The TexasDepartment of Criminal Justice administers thestate prisons for adults. The Texas Youth Commis-sion oversees juvenile correctional facilities.

One key individual who works on behalf ofjustice is the state attorney general, consideredto be the state’s lawyer. He or she providesadvice to the governor, the legislature, and allthe agencies, boards, and commissions of stategovernment. If a case goes to court, the attorneygeneral’s office represents the state.

Attorneys are often consulted in legal matters.In 2001, 62,000 attorneys were licensed to practicelaw in Texas. To be licensed, a Texan must com-plete law school, pass an examination, andbecome a member of the State Bar of Texas.

When a case comes to court, jurors have agreat responsibility to determine the facts. Theyalso may have to decide the punishment for aperson found guilty. To serve on a jury, one mustbe a Texas citizen, be at least 18 years old, and beable to read and write. Jurors must also be ofsound mind, and they cannot have any felonyconvictions or be under indictment for commit-ting any felony.

An attorney addresses a jury during a trial.What important job do jurors have?

Exploring Government

The Court System of TexasThere are two kinds of courts in Texas—trial

and appeals. Trial courts hear cases and reach adecision called a verdict. Appeals courts decideif trials held in trial courts were fair. They can order a new trial if proper procedures were not followed.

Trial CourtsTrial courts are courts where witnesses are

heard, evidence is presented, and a verdict (in ajury trial) or a decision (in a case tried by ajudge) is reached. Trial courts in Texas are con-cerned with civil and criminal cases. Civilcases—such as divorce settlements, personalinjuries, and uncollected taxes—comprise mostof these cases. Criminal cases include burglary,assault, driving while intoxicated (DWI), theft,and more serious offenses. Texas has three levels of trial courts—municipal and justice ofthe peace, county courts, and district courts.Larger cities have municipal courts that dealwith violations of city ordinances, such as fire-safety infractions, traffic offenses, and zoning

violations. They also hear misdemeanor cases inwhich the maximum fine is less than $2,000.

For small towns and rural areas withoutmunicipal courts, justice of the peace courts trycivil and minor criminal cases. Justices performseveral roles, such as performing marriages,issuing search warrants, setting bail, and deter-mining the cause of death. Justices can also sendcases to a higher court.

County courts are the second level of trialcourts. The Texas constitution requires thateach of Texas’s 254 counties have at least onecounty court. Called constitutional countycourts, they hear civil cases in which theamount of the dispute is between $500 and$5,000. They also hear criminal misdemeanorcases in which the fine is greater than $200.Where needed, the legislature has the power tocreate additional county courts, called countycourts at law. In fast-growing cities like Austin,new county courts are established every fewyears to handle increasing caseloads. Countycourts hear criminal misdemeanor cases andcivil cases in which the amount in dispute isless than $5,000.

District courts are considered important trialcourts in Texas. District courts hear criminalfelony cases and other serious criminal matterssuch as murder. Civil cases and those involvingjuveniles or disputes of over $500 may also beheard in district courts.

630 CHAPTER 28 Democracy & Constitutions

What they do:

Who they are:

Make the laws of the state

• Senate (31 members)• House of Representatives

(150 members)

Legislative Branch

What they do:

Who they are:

Enforce the laws of the state

• Governor• Lieutenant Governor• Secretary of State• Comptroller of Public Accounts• Commissioner of the General

Land Office• Commissioner of Agriculture• Attorney General

Executive Branch

What they do:

Who they are:

Interpret the laws of the state

• Supreme Court• Court of Criminal Appeals• District Courts• County Courts• Justice of the Peace Courts

Judicial Branch

The Three Branches of Texas Government

Analyzing The Texas constitution divided the gov-ernment into three separate branches. This is known as“separation of powers.” How does the Texas govern-ment benefit from this structure?

Appeals CourtsPeople who file lawsuits hope to win.

However, in almost every court case, one partywins and one party loses. The loser has to payattorneys’ fees and court costs.

In some cases the loser may believe that thetrial was unfair. He or she may believe that evi-dence was illegally obtained or that the judgewas not fair in making decisions. The losing partyhas the right to file an appeal, or a request to havethe decision of a court set aside. Except fordivorce cases, lower court decisions can beappealed in Texas. Appeals usually begin in thedistrict courts of appeals but can reach the twohighest courts—the Court of Criminal Appeals(for criminal cases) and the Supreme Court ofTexas (for civil or juvenile cases). Texas is one oftwo U.S. states with more than one highest court.

Both of these high courts are composed of ninejustices. In the case of the Supreme Court, the pre-siding justice is called the chief justice. All of thejustices must be elected to a full term of six years.However, many justices begin to serve after beingappointed by the governor to fill vacancies.

Divorce cases cannot be appealed. There is,however, an alternative for resolving divorcecases. Several county courts in Texas nowrequire that people going through a divorce firstmediate, or meet with an unbiased professional

who helps the couple come to an agreement onthe terms of their divorce. This frees the courtsfrom having to divide a couple’s property anddecide who gets custody of the children. It alsospares couples the additional strain of having toargue their cases in court. Mediation is fair, hasa good success rate, and is becoming widelyused to resolve business, workplace, neighbor-hood, and public policy disputes.

Evaluating What type of court, civilor criminal, would hear a case about a bank robbery?

631CHAPTER 28 Democracy & Constitutions

Checking for Understanding1. Using Key Terms Use the terms

grand jury and indictment todescribe what might happen in a criminal court.

2. Reviewing Facts Name four state or local agencies that worktogether to enforce the laws of Texas.

Reviewing Themes3. Civic Rights and Responsibilities

What is one way that cases can bedecided out of court?

Organizing to Learn4. Comparing and Contrasting

Create a chart like the one shownbelow and compare the differencesbetween civil law and criminal law.

Critical Thinking5. Analyzing Information Why are

juvenile offenders usually handledby a different justice system thanthat which deals with adults?

6. Drawing Inferences Why does thelaw forbid anyone with a felonyconviction from serving on a jury?

Evaluating Information Why are district trial courts considered importantcourts in Texas?

Civil Law Criminal LawDefinition

Who decides case?

Example of typical case

Highest appeals court

Two elements of Spanish law were sopopular in Texas that they were retainedafter Texas became independent. Thehomestead law protected one’s land andtools from creditors. The other was the law of community property. This law says thathusband and wife share equally in propertythey acquire during their marriage. Both lawswere so popular that other states adoptedthem. The other community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Washington, and Wisconsin.

Reviewing Key TermsWrite a sentence for each pair of terms.

1. indictment, no bill2. legislature, judiciary3. amendment, bond4. felony, misdemeanor5. plea bargain, mediate

Reviewing Key Facts6. What are the four purposes of the Texas constitution?7. How is Texas part of the federal system of government?8. Why are there three branches of state government?9. What are the duties of each branch of state government?

10. What does the Texas Bill of Rights guarantee to all Texans?11. Why and how are amendments added to the constitution?12. What is the difference between civil and criminal law?13. What is the difference between a felony and a

misdemeanor?14. How do a grand jury and a petit jury differ?15. How do a trial court and an appeals court differ?16. Name the two highest courts in Texas.

Critical Thinking17. Identifying Central Issues In your opinion, which of the

four purposes of a constitution discussed in the chapter isthe most important? Explain.

18. Drawing Conclusions If you were chosen for jury duty,would you rather serve on a civil or a criminal case? Why?

19. Evaluating Information What purpose do appeals courts serve? What are their benefits? What are theirdisadvantages? Do the benefits outweigh the disad-vantages? Be sure to explain your reasoning.

20. Summarizing Create a web like the one below. Use knowledge you have gained from reading earlierchapters to explain why the Texas constitution was writtenor rewritten in the years indicated.

632

Democracy andConstitutions

Important Features ofthe Texas Constitution

• Outlines the branches of government• Describes the powers of officials• Protects the rights of citizens• Provides a method for making changes

Legislative—makesthe laws

Judicial—interpretsthe laws

Executive—sees thatthe laws are carried

out

Three Branchesof Government

Grand jury andpetit jury

Trial courts andappeals courts

Jury andCourt System

Civil law—disputesbetween citizens, business,

and government

Criminal law—peopleaccused of breakingthe law, either felony

or misdemeanor

Judicial System

Reason forConstitution and

Revisions

1827 1836

18451876

1861

Geography and History21. The Capitol in Austin is the seat of Texas government.

Hopefully you will visit the Capitol in the future if youhave not already done so. For this activity, you will learnabout the Capitol through the Internet. Go to the TexasState Preservation Board Web site at www.tspb.state.tx.usand click on the Maps/Floorplans link. Choose two mapsor floorplans. Describe four or more interesting facts thatyou learned from the maps or floorplans. What wouldyou like to see if you visited the Capitol or area?

Cooperative Learning Activity22. Studying the Amendments Organize into groups of

three. Your task is to study an amendment to the Texasconstitution and explain the reasons this particularamendment became law. Your group may choose anyamendment. It is important to research backgroundinformation about the issues and events that led to theamendment’s adoption (see Building Technology Skillsbelow). Explain why your group thinks that the amend-ment accomplished or did not accomplish what it wassupposed to do. Present your findings to the rest ofthe class.

Practicing Skills23. Multimedia Presentations Choose a past or present-day

topic about Texas. Possible topics could be immigration,the oil industry, Texas independence, education, sports,art, or transportation. Depending on which topic youchoose, think about which multimedia resources wouldbe best for your presentation. Share your multimediapresentation with your class.

Portfolio/TAKS Writing Activity24. Supporting a Point of View Think of an amendment

that you think should be added to the Texas constitution.Write a paper explaining what the amendment would be,why you think it is necessary, and how you would getit approved.

Building Technology Skills25. Using the Internet for Research Use the Internet or

library resources to find the current Texas constitutionwith all of the latest amendments. Focus on one amend-ment and look for articles that explain the reasons itwas added to the constitution. Find out whether it had

positive, negative, or no results. Use this information inyour Cooperative Learning Activity or your TAKSWriting Activity.

Law and History Activity26. Knowing Your Public Officials Learn more about one

of the justices on the Texas Supreme Court—the state’shighest appeals court for civil cases. Use at least twosources for your research. You can access informationthrough www.supreme.courts.state.tx.us or newspapersand magazine articles. Write a brief biography about thejustice you have chosen.

633CHAPTER 28 Democracy & Constitutions

Self-Check QuizVisit the texans.glencoe.com Web site and click on Chapter 28—Self-Check Quizzes to prepare for thechapter test.

TEXAS HISTORY

Use the quotation to answer the following question.

The Texas ConstitutionArticle 1—The Bill of Rights, Section 8

Every person shall be at liberty to speak, write or pub-lish his opinions on any subject, being responsible forthe abuse of that privilege; and no law shall ever bepassed curtailing the liberty of speech or of the press.

Section 8 of the bill of rights of the Texas Constitutionprotects which of the following rights?F It outlines the rights of citizens to practice any religion

they wish.G It protects citizens from discrimination on the basis

of race.H It provides for the separation of church and state.J It describes the rights of citizens to express their ideas.

Test-Taking Tip:

Read the quotation and test question carefully.Compare each answer choice to the quotation.

Eliminate any answer choices that are not mentionedin this article of the bill of rights.