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<br />,t <br /> <br />e <br /> <br />e <br /> <br />RESOLUTION NO. <br /> <br />7-62 <br /> <br />. <br /> <br />STATE OF TEXAS <br /> <br />) <br />) <br />) <br /> <br />COUNTY OF HARRIS <br /> <br />RESOLUTION OPPOSING THE AOOPTION OF A PROPOSED AMENDMENT TO ARTICLE II OF <br />THE CONSTITUTION OF TEXAS. <br /> <br />WHEREAS, the exercise of executive, legislati va and judicial <br />power by' separate and independent organs of government is a fundamental <br /> <br />principle of American constitutional jurisprudence; and <br /> <br />WHEREAS, this principle was expressed in the Constitution of the <br />Republic of Texas in 1836 and has been embodied in all of the State Consti- <br /> <br />tutions in the exact wording found in Article II, Section 1, of the present <br /> <br />. <br /> <br />Constitution, wherein it is provided: liThe powers of the government of the <br /> <br />State of Texas shall be divided into three distinct departments, each of <br />which shall be confided to a separate body of magistracy, to wit: those <br /> <br />which are legislative to one; those which are executive to another; and <br /> <br />those which are judicial to another; and no person" or collecti.n of <br /> <br />persons, being of one of these departments J shall exercise an~ power properly <br /> <br />attached to either of the others, except in the instances herein expressly <br /> <br />permi tted.lI; and <br /> <br />WHEREAS, this guarantee of separation of powers now stands in <br /> <br />jeopardy by' virtue of the adoption by' the 57th Legislature of Texas of <br />House Joint Resolution 32, which proposes an amendment to Article II of the <br />. Texas Constitution by' adding a new section thereto to provide as follows: <br />II Notwi thstanding al\V' other provision of the Constitution, the Legislature <br />shall have the power, by general law, to provide for appeals to the courts <br /> <br />from any and all actions, rulings or decisions of adrninistrati ve ag~ncies <br /> <br />;;.pld executive departments of the State of Texas or 8I'iY of its political <br />subdivisions, under such provisions and limitations as the Legislature <br />shall deem necessary and desirable; and the courts of Texas shall have no <br /> <br />pGWer or authority to refuse, deny, or change the manner of such appeals, <br />if brought in the manner provided by general law, even though such appeals <br /> <br />shall be provided de novo as that term is used in appeals from the justice <br /> <br />e <br /> <br />of the peace courts to county courts; and should the Legislature provide <br />for such appeals to be tried completely de novo and independent of ~ <br />administrati va and executive action, ruling or decision thereon, the courts <br />