Texas Almanac, 1952-1953 Page: 361
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TEXAS STATE CONSTITUTION. 361
Article IV.-(Continued.); Article V.
office of notaries public who have qualified
for the present term prior to the taking effect
of this amendment.
(c) Should the Legislature enact an enabling
law hereto in' anticipation of the adoption of
this amendment, such law shall not be invalid
by reason of its anticipatory character.
[Note.-The foregoing Sec. 26 of Art. IV was
amended from' the original to give the Secretary
of State the authority, formerly held by the Gov-
ernor, to appoint notaries public, and to include
the stated contents of paragraphs (b) and (c).
Submitted by Forty-ixth Legislature (1939), and
adopted in an election Nov. 5, 1940.]
ARTICLE V.-JUDICIAL DEPARTMENT
Sec. 1. The Several Courts; Criminal Courts.
-The judicial power of this State shall be
vested in one Supreme Court, in Courts of
Civil Appeals, in a Court of Criminal Appeals,
in District Courts, in County Courts, in Com-
missioners' Courts, in courts of Justices of
the PeaM and in such other courts as may be
provided by law.
The Criminal District Court of Galveston and
Harris Counties shall continue with the district
jurisdiction and organization now existing by
law until otherwise provided by law.
The Legislature may establish such other
courts as it may deem necessary and prescribe
the jurisdiction and organization thereof and
may conform the jurisdiction of the district
and other inferior courts thereto.
[Note.-The foregoing Sec. 1 of Art. V is an
amended section, being a general revision of the
original, to provide for "Courts of Civil Appeals"
anda "Court of Criminal Appeals" in place of the
old "Court of Appeals," making minor changes.
Submitted by Twenty-second Legislature (1891),
ratified at an election Aug. 11, 1891, and declared
adopted Sept. 22, 1891.1
Sec. 1-a. Retirement and Compensation of
Judges.-The Legislature shall provide for the
retirement and compensation of Judges and
Commissioners of the Appellate Courts and
Judges of the District and Criminal Courts on
account of length of service, age or disability,
and for their reassignment to active duty
where and when needed.
[Note.-An added amendment, for the purpose
stated therein. Submitted by the Fiftieth Legisla-
ture (1947) and adopted in election, Nov. 2, 1948.1
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 concur-
rence of five shall be necessary to a decision
of a case, provided, that when 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 consider applica-
tions of 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 unless he b at the time
of his election, a citizen of the United States
and of this State and unless he shall have at-
tained the age of thirty-five years and shall
have been a practicing 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 quali-
fied voters of the State at a general election;
shall hold their offices six years or until their
successors 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 dny Justice of the Supreme Court,
the Governor shall fill the vacancy until the
next general election for State officers, and
at such general election the vacancy for the
unexpired term shall be filled by election bythe qualified voters of the State. The Justices
of the Supreme Court who may be in office
at the time this amendment takes effect shall
continue in office until the expiration of their
terms of office under the present Constitution
and until their successors 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 Asso-
ciate Justices of the Supreme Court and each
shall continue in office as such Associate Jus-
tice of the Supreme 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 Sec. 2 of Art. V has been
twice amended: (1) To raise salaries and make
minor adjustments, by amendment submitted by
the Twenty-second Legislature, ratified in an elec-
tion 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 submitted by the
Forty-ninth Legislature and adopted in an election
Aug 25, 1945.]
Sec. 3. Jurisdiction; Terms of Court.-The
Supreme Cou 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 juris-
diction under such restrictions and regulations
as the Legislature may prescribe. Until other-
wise provided by law, the appellate jurisdic-
tion 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 Justices
thereof shall have power to issue writs of
habeas corpus, as may be prescribed by law;
and under such regulations as may be pre-
scribed by law, the said courts and the Jus-
tices thereof thay issue the writs of manda-
mus, procedendo, certiorari and such other
writs as may be necessary to enforce its
jurisdiction. The Legislature may confer orig-
inal jurisdiction on the Supreme Court to
issue writs of quo warranto and mandamus
in such cases as may be specified, except as
against the Governor of the State.
The Supreme Court shall also have power,
upon affidavit or otherwise as by the court
may be determined, to ascertain such matters
of fact as may be necessary to the proper
exercise of its jurisdiction. The Supreme
Court shall appoint a clerk, who shall give
bond in such manner as is now or may here-
after 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 compensation as the Legis-
lature may provide.
[Note.-The foregoing Sec. 3 Art. V has been,
twice amended, as follows: (1) To readjust juris-
diction of the Supreme Court to that of the ourts
of Civil Appeals which were established by amend-
ment 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 Aug.
11, 1891, and proclaimed Sept. 22, 1891; and (2)
to eliminate provisions that the Supreme Court
"sit from first Monday in October of each year
until the last Saturday in June of the next year,"
by amendment submitted as part of the amendment
which added Sec. 3-a. See note of that section.]
Sec. 3-a. Time of Sltting.-The Supreme
Court may sit at any time during the year at
the seat of government for the transaction of
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Texas Almanac, 1952-1953, book, 1951; Dallas, Texas. (https://texashistory.unt.edu/ark:/67531/metapth117137/m1/363/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.