Texas Almanac, 1958-1959 Page: 346
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346 TEXAS ALMANAC-1958-1959
emerged from the era of Reconstruction fol-
lowing the War Between the States, gave
wide powers to the Legislature, and this pow-
er has remained with the law-making branch
of the State Government. In few states is so
much power vested in the legislative branch
as there is in the Texas Legislature.
The Legislature is elected by popular vote
from Senatorial and Representatives' dis-
tricts, and the representation is generally in
proportion to the population of these dis-
tricts. However there are constitutional varia-
tions from this rule. No county, regardless of
population, may have more than one Senator.
Also no county may have more than seven
Representatives unless it has more than 700,-
000 population and it may have not to exceed
one Representative for each 100.000 over 700,-
000. This means that the representation of
the more populous counties in the Lower
House will be restricted until such time as
the state may have a population of 15,000.000
or more. (See p. 482 for Art. III, Sec. 26-a of
State Constitution.) Senators serve 4-year
overlapping terms. Representatives serve 2-
year terms.
Judicial Branch.
There are three levels of state courts.
(1) The Supreme Court has final jurisdic-
tion in all civil cases and interprets the con-
stitutionality of the law in civil matters. It
consists of nine justices serving 6-year, over-
lapping terms. Each justice is elected from
the state as a whole. The Court of Criminal
Appeals has final jurisdiction in all criminal
cases and passes on the constitutionality of
criminal law. It consists of three elected
judges, serving 6-year overlapping terms. In
addition to the three members there is an ap-
pointed 2-member Commission to Assist the
Court of Criminal Appeals. It makes its
recommendations to the three judges. Texas
is one of the few instances where there is
separate final jurisdiction in civil and crimi-
nal cases.
(2) The second level of state courts consists
of the Courts of Civil Appeals of which there
are eleven sitting in and elected from eleven
Supreme Judicial Districts. They are inter-
mediate between the district courts below
and the Supreme Court above. They have
jurisdiction only in civil cases. Criminal cases
are appealed directly from district courts to
the Court of Criminal Appeals.
(3) The third level consists of the district
courts, the state courts of original jurisdic-
tion. (They also serve as appellate courts for
criminal cases below the grade of felony and
certain civil cases that come from the county
courts.) There are approximately 155 of these
district courts. They have jurisdiction in both
civil and criminal cases, but in some of the
populous districts special criminal district
courts have been created by the Legislature
with jurisdiction over criminal cases.
State Government Characteristics.
Some outstanding characteristics of the
Texas State Government are as follows: (1)
The large amount of detail written into its
Constitution which, up to the amendments
submitted Nov. 5, 1957, was about 45,500
words in length. (2) The multiplicity of state
agencies and lack of any means of unified
administration of the state's affairs under
direction of the Governor. (3) The sharp dis-
tinction between administrative, legislativeand judicial branches. (4) The predominence
of the legislative branch. Noteworthy also is
the influence of Spanish law in a few but
important matters, as the community prop-
erty law, relating to the property of husband
and wife. Texas was ruled by Spanish law.
first as administered by Spain and later by
Mexico, for about three centuries. First con-
stitutional government in Texas was that of
the Mexican Constitution of 1824.
There have been several popular movements
for rewriting the State Constitution and re-
organizing the State Government. but without
tangible results.
Governments-Capitals.
Prior to the establishment of Texas as a
separate Spanish state or province in 1691.
the provincial capital of whatever government
the Texas region had was for more than a
hundred years at Mexico City, seat of the
viceroy of the greater province, or vice-
royalty, of New Spain. Later this area was
attached to Coahuila. and Monclova, capital
of that Spanish state or subprovince, became
administrative headquarters for the region
between the Rio Grande and the Sabine. This
city was headquarters of Gov. Alonzo de Leon
of Coahuila when he made his expeditions
into Texas in 1689 and 1690.
Texas was set up as a separate state in 1691
and Domingo Teran de los Rios was named
first Governor. He led an expedition from
Monclova into Texas. going to the present
Louisiana boundary line. If he had a seat of
government it moved with him. Within a year,
however, administration over Texas was re-
laxed and the Governors of Coahuila again
became the Governors of Texas, until 1721-22
when Marquis de Aguayo, Governor of Coa-
huila, including Texas, led an expedition
north of the Rio Grande and established the
presidio of Los Adaes (site of present-day
Robeline, La.). This remained the seat of
Texas government for half a century.
With the ceding of Louisiana to Spain in
1762 by France, the East Texas and West
Louisiana Spanish posts were gradually aban-
doned, including Los Adaes, and San Antonio
became the seat of Texas government in 1772,
remaining so until 1824.
After Mexico became independent of Spain.
Texas was by decree of the Mexican Congress
united with Coahuila, with Saltillo as the
capital, the first State Congress convening
here Aug. 15, 1824.
On March 9, 1833, the seat of government
for the State of Coahuila-Texas was moved
back to Monclova. There was strife between
Monclova and Saltillo, but Santa Anna in
1834 confirmed the former as the capital.
The consultation of 1835, representing the
different municipalities of Texas, by which
the first provisional government of Texas was
organized, met at San Felipe de Austin and
this place continued to be the official head-
quarters of the revolutionary government un-
til the convention of March 1, 1836.
On the call of the provisional government,
representatives of the people of Texas met at
Washington-on-the-Brazos March 1, 1836. This
convention, in which all the powers of sov-
ereignty were claimed and exercised, adopted
a declaration of independence, wrote a Con-
stitution and inaugurated a full corps of ex-
ecutive officers March 2.
Because of the movement of Santa Anna's
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Texas Almanac, 1958-1959, book, 1957; Dallas, Texas. (https://texashistory.unt.edu/ark:/67531/metapth117139/m1/348/: accessed April 30, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.