ARTICLE IX. COUNTIES. SECTION I. The legislature shall have power to create counties for the convenience of the people, subject to the following provisions: First: In the territory of the state exterior to all counties now existing, no new counties shall be created with a less area than nine hundred square miles, in a square form, unless prevented by pre-existing boundary lines. Should the state lines render this impracticable in border counties, the area may be less. The territory referred to may, at any time, in whole or in part, be divided into counties in advance of population, and attached, for judicial and land surveying purposes, to the most convenient organized county or counties. The legislature has power to establish new counties. State v. Cook, 78 T., 406, 14 S. W. R., 996. A commissioners court has no authority to declare an unorganized county attached to an organized county for judicial purposes, a school district. Rhomberg v. McLaren, 21 S. W. R., 571. Second: Within the territory of any county or counties now existing, no new county shall be created with a less area than seven hundred square miles, nor shall any such county now existing be reduced to a less area than seven hundred square miles. No new counties shall be created so as to approach nearer than twelve miles of the county seat of any county from which it may, in whole or in part, be taken. Counties of a less area than nine hundred, but of seven hundred or more square miles, within counties now existing, may be created by a two-thirds vote of each house of the legislature, taken by yeas and nays, and entered on the journals. Any county now existing may be reduced to an area of not less than seven hundred square miles by a like two-thirds vote. When any part of a county is stricken off and attached to or created into another county, the part stricken off shall be holden for and obliged to pay its proportion of all the liabilities then existing of the county from which it was taken, in such manner as may be prescribed by law. This section is subordinate to Art. 8, Sec. 1, and an act creating Mills county and fixing its liability, according to the amount of territory, and ignoring the taxable value of the property, is unconstitutional. Mills County v. Brown County, 85 T., 392, 20 S. W. R., 81. The taxable value of the property in the territory taken off, in its relation to the taxable value of the property in the territory left in the parent county, should be the criterion by which the indebtedness between the two counties should be apportioned. Id. The part of this section prescribing the liabilities. o detached counties to the present counties is definite and leaves no room for construction. The term "all the liabilities" precludes the idea that any adjustment or abatement between the two counties could be allowed and the legislature has no right to authorize new counties, credit for their proportionate share of the public property, belonging to the present county. Mills County v. Brown County, 87 T., 475. A two-thirds vote of each house of the legislature is not required to enact a law prescribing the manner by which the liabilities of a new county, for its pro rata share of the debts of the old county, is to be enforced. Id. For a discussion of facts involving the liability of detached counties to their mother county. See Brewster Co. v. Presidio Co., 48 S. W. R., 213; Mills Co. v. Lampassas Co., 40 S. W. R., 403, 90 T., 303. See where bonds, in the hands of a bona fide purchaser, was a debt against the parent county and rendered it liable under this section. Jeff Davis County v. City National Bank of Paducah, 54 S. W. R., 39; Presidio County v. City National Bank of Paducah, 44 S. W. R., 1069. Third: No part of any existing county shall be detached from it and attached to another existing county until the proposition for such change shall have been submitted, in such manner as may be provided by law, to a vote of the electors of both counties, and shall have received a majority of those voting on the question in each. COUNTY SEATS. SEC. 2. The legislature shall pass laws regulating the manner of removing county seats, but, no county seat situated within five miles of the geographical center of the county shall be removed except by a vote of two-thirds of all the electors voting on the subject. A majority of such electors, however, voting at such election, may remove a county seat from a point more than five miles from the geographical center of the county to a point within five miles of such center, in either case the center to be determined by a certificate from the commissioner of the general land office. See where Miani did not receive two-thirds of the votes cast for the county seat, and being situated more than five miles from the center of said county, it was not the lawfully elected county seat. St. v. Alcorn, 14 S. W. R., 663. A county seat situated within five miles from the geographical center of a county, can not be removed to a point more than five miles from the geographical center, except by a two-thirds vote of the voters on the subject. Caruthers v. St., 2 S. W. R., 91, 67 T., 139. See where there was an inference that a county seat had been legally established. Id. This section relates to the removal of county seats once established and not to be the location of a county seat upon the organization of a new county. Ex parte Whitlow, 59 T., 273. This section places no limitation upon removals of county seats, except that no county seat, within five miles of the geographical center, shall be removed except by two-thirds of the voters. Presidio County v. City National Bank, 44 S. W. R., 1069. |