Texas Almanac, 1952-1953 Page: 365
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TEXAS STATE CONSTITUTION. 365
Article V.-(Continued.)
not more than eight. The present County
Courts shall make the first division. Subse-
quent divisions shall be made by the *Com-
missioner's Court provided for by this Con-
stitution. In each such precinct there shall
be elected, at each biennial election, one Jus-
tice of the Peace and one Constable, each of
whom shall hold his office for two years, and
until his successor shall be elected and quail-
fled; provided, that in any precinct in which
there may be a city of 8,000 or more inhabi-
tants, there shall be elected two Justices of
the Peace. Each county shall in like manner
be divided into four Commissioners' pre-
cincts, in each of which there shall be elected
by the qualified voters thereof one County
Commissioner, who shall hold his office for
two years and until his successor shall be
elected and qualified. The County Commis-
sioners so chosen, with the County Judge as
presiding officer, shall compose the County
Commissioners' Court, which shall exercise
such powers and jurisdiction over all county
business as is conferred by this Constitution
and the laws of the state, or as may be here-
after prescribed.
Sec. 19. Criminal Jurisdiction of Justices
of the Peace; Appeals; Justices of the Peace
ex-Officio Notaries.-Justices of the Peace
shall have jurisdiction in criminal matters of
all cases where the penalty or fine to be
imposed by law may not be more than for
$200, and in civil matters of all cases where
the amount in controversy is $200 or less,
exclusive of interest, of which exclusive origi-
nal jurisdiction is not given to the District
or County Courts; and such other jurisdic-
tion, criminal and civil, as may be provided
by law, under such regulations as may be
prescribed by law; and appeals to the County
Courts shall be allowed in all cases decided
in Justices' Courts where the judgment is for
more than $20, exclusive of costs, and in all
criminal cases, under such regulations as
may be prescribed by law. And the Justices
of the Peace shall be ex-officio notaries pub-
lic; and they shall hold their courts at such
times and places as may be provided by law.
Sec. 20. County Clerk; Election; Term;
Duties; Vacancies.-There shall be elected
for each county, by the qualified voters, a
County Clerk, who shall hold his office for
two years, who shall be clerk of the County
and Commissioners' Courts and recorder of
the county, whose duties, perquisites and
fees of office shall be prescribed by the Legis-
lature, and a vacancy in whose office shall
be filled by the Commissioners' Court until
the next general election for county and State
officers; provided, that in counties having a
population of less than 8,000 persons there
may be an election of a single clerk, who
shall perform the duties of District and
County Clerks.
Sec. 21. County and District Attorneys;
Duties; Vacancies; Fees.-A County Attorney,
for counties in which there is not a resident
Criminal District Attorney, shall be elected
by the qualified voters of each county, who
shall be commissioned by the Governor and
hold his office for the term of two years. In
case of vacancy the Commissioners' Court of
the county shall have power to appoint a
County Attorney until the next general elec-
tion. The County Attorney shall represent
the State in all cases in the District and
inferior courts in their respective counties;
but if any county shall be included in a dis-
trict in which there shall be a District Attor-
ney, the respective duties of District Attor-
neys and County Attorneys shall, in such
counties, be regulated by the Legislature.
The Legislature may provide for the election
*" Commissioner's." not "Commissioners'," in
the original document.of District Attorneys in such districts as may
be deemed necessary, and make provisions
for the compensation of District Attorneys
and County Attorneys; provided. District
Attorneys shall receive an annual salary of
$500, to be paid by the State, and such fees,
commissions and perquisites as may be pro-
vided by law. County Attorneys shall receive
as compensation only such fees, commissions
and perquisites as may be prescribed by law.
Sec. 22. Jurisdiction of Courts May Be
Changed by Legislature.-The Legislature
shall have power, by local or general law, to
increase, diminish or change the civil and
criminal jurisdiction of County Courts; and
in cases of any such change of jurisdiction
the Legislature shall also conform tile juris-
diction of the other courts to such change.
Sec. 23. Sheriff, Term of Office; Vacancy.-
There shall be elected by the qualified
voters of each county a Sheriff, who shall
hold his office for the term of two years,
whose duties and perquisites and fees of of-
fice shall be prescribed by the Legislature,
and vacancies in whose office shall be filled
by the Commissioners' Court unti4 the next
general election for county or State officers.
Sec. 24. Certain Officers Removed by Dis-
trict Courts for Drunkenness incompetency,
Official Misconduct, Etc.-County Judges,
County Attorneys, Clerks of the District and
County Courts, Justices of the Peace, Con-
stables and other county officers may be
removed by the Judges of the District Courts
for incompetency, official misconduct, habit-
ual drunkenness or other causes defined by
law, upon the cause therefor being set forth
in writing, and the finding of its truth by
a jury.
Sec. 25. Supreme Court to Regulate Prac-
tice.-The Supreme Court shall have power
to make and establish rules of procedure not
inconsistent with the laws of the State for
the government of said court and the other
courts of this State, to expedite the dispatch
of business therein.
[Note.-The foregoing Sec. 25 of Art. V was
amended from the original to add the phrase
"not inconsistent with the laws of the State."
Submitted by Twenty-second Legislature (1891).
ratified at an election Aug. 11, 1891, and declared
adopted Sept. 22, 1891.]
Sec. 26. No Appeal in Criminal Cases by
the State.-The State shall have no right of
appeal in criminal cases.
Sec. 27. Transfer of Cases by the Legisla-
ture.-The Legislature shall, at Its first ses-
sion, provide for the transfer of all business,
civil and criminal, pending in District Courts,
over which jurisdiction is given by this Con-
stitution to the County Courts or other in-
ferior courts, to such county or inferior
courts, and for the trial or disposition of all
such causes by such county or other inferior
courts.
Sec. 28. Vacancies in Offices of Judges of
Superior Courts to Be Filled by the Governor.
-Vacancies in the office of the Judges of the
Supreme Court, the Court of Criminal Ap-
peals, the Court of Civil Appeals and District
Courts shall be filled by the Governor until
the next succeeding general election, and
vacancies in the office of County Judge and
Justices of the Peace shall be filled by the
Commissioners' Court until the next general
election for such offices.
[Note.-The foregoing Sec. 28 of Art. V has
been amended from the original to make names
of courts harmonize with names in amended Secs.
1, 3, 4, 5 and 6. Submitted by Twenty-second
Legislature (1891), ratified in an election Aug. 11,
1891, and declared adopted Sept. 22, 1891.]
Sec. 29. Terms,,of County Courts; Probate
Business; Prosecutions.-The County Court
shall hold at least four terms for both civil
and criminal business annually, as may be
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Texas Almanac, 1952-1953, book, 1951; Dallas, Texas. (https://texashistory.unt.edu/ark:/67531/metapth117137/m1/367/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.