Texas Almanac, 1952-1953 Page: 363
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TEXAS STATE CONSTITUTION. 363
Article V.-(Continued.)
Salary; Terms of Court.-The State shall be
divided into as many judicial districts as may
now or hereafter be provided by law, which
may be increased or diminished by law. For
each district there shall be elected by the
qualified voters thereof, at a General Election.
a Judge, who shall be a citizen of the United
States and of this State, who shall be licensed
to practice law in this State and shall have
been a practicing lawyer or a Judge of a
Court in this State, or both combined, for
four (4) years next preceding his election,
who shall ave resided in the district in which
he was elected for two (2) years next preced-
ing his election, who shall reside in his dis-
trict during his term of office, who shall hold
his office for the period of four (4) years, and
shall receive for his services an annual salary
to be fixed by the Legislature. The Court shall
conduct its proceedings at the county seat of
the county in which the case is pending, ex-
cept as otherwise provided by law. He shall
hold the regular terms of his Court at the
County Seat of each County in his district at
least twice in each year in such manner as
may be prescribed by law. The Legislature
shall have power by General and Special Laws
to make such provisions concerning the terms
or sessions of each Court as it may deem
necessary.
The Legislature shall also provide for the
holding of District Court when the Judge
thereof is absent, or is from any cause dis-
abled or disqualified from presiding.
The District Judges who may be in office
when this Amendment takes effect shall hold
their offices until their respective terms shall
expire under their present election or appoint-
ment.
[Note.-The foregoing Sec. 7 of Art. V has been
twice amended: (1) Effecting a general revision
of the original Sec. 7 to eliminate specification
that judge must be "twenty-five years of age"
and making minor changes. Submitted by Twenty-
second Legislature (1891) and ratified in election
Aug. 11, 1891. (2) Providing that the District
Court shall conduct its proceedings in the county
seat of the county in which the case is pending
'except as otherwise provided by law." Submitted
by Fifty-first Legislature (1949) and adopted in
election Nov. 8, 1949.]
Sec. 8. Jurisdiction and Powers of the Dis.-
trict Courts.-The District Court shall have
original jurisdiction of all criminal cases of
the grade of felony; in all suits in behalf of
the State to recover penalties, forfeitures and
escheats; of all cases of divorce; of all mis-
demeanors involving official misconduct; of
all suits to recover damages for slander or
defamation of character; of all suits for trial
of title of land and for the enforcement of
liens thereon; of all suits for the trial of the
right of property levied upon by virtue of
any writ of execution, sequestration or at-
tachment when the property levied on shall
be equal to or exceed in value $500; of all
suits, complaints or pleas whatever, without
regard to any distinction between law and
equity, when the matter in controversy shall
be valued at or amount to $500, exclusive of
interest; of contested elections; and said court
and the judges thereof shall have power to
issue writs of habeas corpus, mandamus, in-
junction and certiorari, and all writs neces-
sary to enforce their jurisdiction.
The District Court shall have appellate
jurisdiction and general control in probate
matters over the County Court established in
each county for appointing guardians, grant-
ing letters testamentary and of administra-
tion, probating wills, for settling the accounts
of executors, administrators, guardians, and
for the transaction of all business appertain-
ing to estates; and original jurisdictlon and
general control over executors, administra-tors, guardians and minors, under such regu-
lations as may be prescribed by law. The
District Court shall have appellate Jurisdic-
tion and general supervisory control over the
County Commissioners' Court with such ex-
ceptions and under such regulations as may
be prescribed by law; and shall have general
original jurisdiction over all causes of action
whatever for which a remedy or jurisdiction
is not provided by law or this Constitution,
and such other jurisdiction, original and
appellate, as may be provided by. law.
[Note.-The foregoing Sec. 8 of Art. V is an
amendment of the original Sec. 8, including the
words "of contested elections" in the first para-
graph and adding the last sentence in the last
paragraph. Submitted by Twenty-second Legis-
lature (1891), ratified at an election Aug. 11,
1891, and declared adopted Sept. 22, 1891.]
Sec. 9. Clerk of the District Court; Term
of Office; How Removed; How Vacancy is
Filled.-There shall be a Clerk for the Dis-
trict Court of each county, who shall be
elected by the qualified voters for the state
and county officers, and who shall hold his
office for two, years, subject to removal by
information, or by indictment of a grand
Jury and conviction by a petit jury. In case
of vacancy the judge of a District Court shall
have the power to appoint a Clerk, who shall
hold until the office can be filled by election.
Sec. 10. Jury Trial; by Whom Fee is to Be
Paid.-In-the trial of all causes in the Dis-
trict Courts, the plaintiff or defendant shall,
upon application made in open court, have
the right of trial by jury; but no jury shall
be impaneled in any civil case unless de-
manded by a party to the case, and a jury
fee be paid by the party demanding a jury,
for such sum and with such exceptions . as
may be prescribed by the Legislature.
Sec. 11. Disqualification of Judges; Special
Judges; Exchange of Districts; Vacancies.-
No Judge shall sit inm any case wherein he
may be interested, or where either of the
parties may be connected with him either by
affinity or consanguinity, within such a de-
gree as may be prescribed by law, or when
he shall have been counsel in the case. When
the Supreme Court, the Court of Criminal
Appeals, the Court of Civil Appeals, or any
member of either, shall be thus disqualified
to hear and determine any case or cases in
said court, the same shall be certified to the
Governor of the State, who shall immediately
commission the requisite number of persons,
learned in the law, for the trial and determi-
nation of such cause or causes. When a Judge
of the District Court fs disqualified by any of
the causes above stated, the parties may, by
consent, appoint a proper person to try said
case; or, upon their failing to do so, a com-
petent person may e appointed to try the
same in the county where it is pending in
such manner as may be prescribed by law.
And the District Judges may exchange dis-
tricts or hold courts for each other when they
may deem it expedient, and shall do so when
required by law. This disqualification of
Judges of inferior tribunals shall be reme-
died, and vacancies in their offices filled, as
may be prescribed by law.
[Note.-The foregoing Sec. 11 of Art. V is an
amended section, having, been amended to use
correct references to courts as established in
amended Secs. 1, 3, 4, 5 and 6. Submitted by
Twenty-second Legislature (1891), ratified at an
election Aug. 11, 1891, and declared adopted
Sept. 22, 1891.1
Sec. 12. Judges Conservators of Peace;
Style of Writs; Prosecution by State.-All
Judges of Courts of this State, by virtue of
their office *(shall) be conservators of the
*The word, "shall," was omitted, apparently
by error, from the resolution proposing this
amended section.
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Texas Almanac, 1952-1953, book, 1951; Dallas, Texas. (https://texashistory.unt.edu/ark:/67531/metapth117137/m1/365/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.