Texas Almanac, 1947-1948 Page: 63
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STATE CONSTITUTION. 63
Article V.-(Continued.)
[Note.-The foregoing Sec 1 of Art. V ls an
amended section, being a general recision of the
original, to provide for "Courts of Civil Ap-
peals" and a "Court of Criminal Appeals" in
place of the old "Court of Appeals," and making
minor changes Submitted by Twenty-Second Leg-
islature (1891), ratified at an election Aug. 11,
1891, and declared adopted Sept. 22, 1891
Sec. 2 Supreme Court; Quorum; Qualifica-
tions; Election; Salary; Vacancy.-The Su-
preme Court shall consist of a Chief Justice
and eight Associate Justices, any five of
whom shall constitute a quorum, and the
concurrence of five shall be necessary to a
decision of a case, provided, that hen the
business of the court may require, the court
may sit in sections as designated by the
court to hear argument of causes and to con-
sider applications for writs of error or other
preliminary matters. No person shall be
eligible to the office of Chief Justice or
Associate Justice of the Supreme Court un-
less he be, at the time of his election, a
citizen of the United States and of this State
and unless he shall have attained the age of
thirty-five years and shall have been a prac-
ticing lawyer or a lawyer and judge of a
court of record together at least ten years,
Said Justices shall be elected (three of them
each two years) by the qualified voters of
the State at a general election; shall hold
their offices six years or until their succes-
sors are elected and qualified; and shall
each receive such compensation as shall be
provided by law. In case of a vacancy in the
office of any Justice of the Supreme Court,
the Governor shall fill the vacancy until the
next general election for State officers, and
at suriah general election the vacancy for
the unexpired term shall be filled by election
by the qualified voters of the State. The
Justces of the Supreme Court who may be
in office at the time this amendment takes
efjt shall continue In office until the ex-
piration of their terms of office under the
present Constitution and until their succes-
so are elected and qualified. The Judges of
the Commission of Appeals who may be in
office at the time this amendment takes
effect shall become Associate Justices of the
Supreme Court and each shall continue in
office as such Associate Justice of the Su-
preme Court until January 1st next preceding
the expiration of the term to which he has
been appointed and until his successor shall
be elected and qualified.
[Note.-The foregoing See. 2 of Art V has
been twice amended. (1) To raise salaries and
make minor adjustments, by amendment submit-
ted by the Twenty-Second Legislature, ratified
in an election Aug 11, 1891, and declared adopted
Sept 22, 1891; and (2) to raise the number of
justices on the Supreme Court from three to nine
and make other adjustments, by amendment sub-
mitted by the Forty-Ninth Legislature and adopt-
ed V), an election Aug. 25, 1945.1
Sec. 3. Jurisdiction; Terms of Court.-The
Supreme Court shall have appellate jurisdic-
tion only except as herein specified, which
shall be coextensive with the limits of the
State. Its appellate jurisdiction shall extend
to questions of law arising in cases of which
the Courts of Civil Appeals have appellate
JurIdlction under such restrictions and regu-
lattons as the Legislature may prescribe.
Until otherwise provided by law, the appel-
late jurisdiction of the Supreme Court shall
extend to questions of law arising in the
cases of the Courts of Civil Appeals in which
the Judges of any Court of Civil Appeals may
disagree, or where the several Courts of Civil
Appeals may hold differently on the same
question of law or where a statute of the
State is held void. The Supreme Court and
the Jnstices thereof shall have power to Issue
writs of habeas corpus, as may be prescribed
by law; and under such regulations as maybe prescribed by law, the said courts and the
Justices thereof may issue the writs of man-
damus, procedendo, certiorari and such other
writs as may be necessary to enforce its
jurisdiction. The Legislatures may confer
original jurisdiction on the Supreme Court
to issue writs of quo 'arranto and manda
mus in such cases as may be specified, ex-
cept as against the Go ernor of the State.
The Supreme Court shall also have power,
upon affidavit or otherwise as by the court
may be determined, to ascertain such mat-
ters of fact as may be necessary to the
proper exercise of its jurisdiction. The Su-
preme Court shall appoint a clerk, who shall
gi.e bond in such manner as is now or may
hereafter be required by law, and he may
hold his office for four years and shall be
subject to removal by said court for good
cause entered of record on the minutes of
said court, who shall receive such compen-
sation as the Legislature may provide.
[Note.-The foregoing Sec. 3 of Art. V has been
twice amended, as follows: (1) To readjust juris-
diction of the Supreme Court to that of the
Courts of Civil Appeals which were established
by amendment of the same date, and also to
consolidate the original Sec. 4, providing for a
clerk of the court, with Sec 3, by amendment
submitted by the Twenty-Second Legislature
(1891), ratified Au 11, 1891, and proclaimed
Sept 22, 1891, anT (2) to eliminate provisions
that the Supreme Court "sit from first Monday
in October of each year until the last Saturday
in June e of the next year," by amendennt sub-
mitted as part of the amendment which added
Sec 3-a. See note on that section.]
Sec 3-a Time of Sitting.-The Supreme
Court may sit at any time during the year
at the seat of government for the transaction
of business and each term thereof shall begin
and end with each calendar year.
[Note. -The foregoing Sec. 3-a of Art. V was
added to make the time of sitting of the Supreme
Court discretionary with that court. It was sub-
stituted for a provision formerly incorporated in
Sec. 3 (See note on Sec. 3 ) Submitted by Fort'-
First Legislature (1929), ratified in an elected sa on
Nov. 4, 1930, and proclaimed Dec. 17, 1930 ]
Sec. 3-b. Direct Appeal.-The Legislature
shall have the power to provide by law, for
an appeal direct to the Supreme Court of
this State from an order of any trial couit
granting or denying an interlocutory or per-
manent injunction on the grounds of the
constitutionality or unconstitutionality of and
statute of this State, or on the validity or
invalidity of any administrative order issued
by any state agency under any statute of
this State.
[Note -The foregoing Sec. 3-b of Art. V was
added for the stated purpose of providing for
direct appeals. Submitted by Forty-Sixth Legis-
lature and adopted in an election Nov. 5, 1940 ]
Sec. 4. Court of Criminal Appeals.-The
Court of Criminal Appeals shall consist of
three Judges, any two of whom shall consti-
tute a quorum, and the concurrence of two
Judges shall be necessary to a decision of
said court. Said Judges shall have the same
qualifications and receive the same salary
as the Judges of the Supreme Court. They
shall be elected by the qualified voters of the
State at a general election and shall hold
their offices for a term of six years. In case
of a vacancy in the office of a Judge of the
Court of Criminal Appeals the Governor
shall fill such vacancy by appointment for
the unexpired term.
The Judges of the Court of Appeals who
may be in office at the time when this
amendment takes effect shall continue in
office until the expiration of their term of
office under the present Constitution and
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Texas Almanac, 1947-1948, book, 1947; Dallas, Texas. (https://texashistory.unt.edu/ark:/67531/metapth117136/m1/65/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.