Texas Almanac, 1949-1950 Page: 63
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STATE CONS'rlTIL ION 63
-f the old "Court of Appeals " (See also note on
Sec. 6, below.) Submitted by Twenty-Second Leg-
islature (1891, ratified at an election Aug. 11.,
1891, and declared adopted Sept. 22, 1891.
Sec. 6 Supreme Judicial Districts; Courts
of Civil Appeals; Jurisdiction: Term: Jus-
tices; Election; Salary; Clerk.-The Legis-
lature shall, as soon as practicable after the
adoption of this amendment, divide the State
into not less than two nor more than three
supreme judicial districts, and thereafter
into such additional districts as the increase
of population and business may require. and
shall establish a Court of Civil Appeals in
each of said districts, which shall consist of
a Chief Justice and two Associate Justices.
who hall have the qualifications as herein
prescribed for Justices of the Supreme Court.
Said Courts of Civil Appeals shall have appel-
late jurisdiction coextensive with the limits
of their respective districts, which shall ex-
tend to all civil cases of which the District
Courts or County Courts have original or
appellate jurisdiction under such restrictions
and regulations as may be prescribed by law.
Provided, that the decisions of said court
shall be conclusive on all questions of fact
brought before them on appeal or error.
Each of said Courts of Civil Appeals shall
hold its sessions at a place in its district to
be designated by the Legislature and at such
time as may be prescribed by law. Said jus-
tices shall be elected by the qualified voters
)f their respective districts at a general elec-
tion for a term of six years and shall receive
fon their services the sum of $3.500 per an-
num until otherwise provided by law. Said
courts shall have such other jurisdiction.
original and appellate, as may be prescribed
by law. Each Court of Civil Appeals shall
appoint a clerk in the same manner as the
clerk of the Supreme Court. which clerk shall
receive such compensation as may be fixed
Until the organization of the Courts of Civil
Appeals and Criminai Appeals, as herein pro-
vided for. the jurisdiction, power and organ-
ization and location of the Supreme Court.
the Court of Appeals and the Commission of
Appeals shall continue as they were before
the adoption of this amendment.
All civil cases which may be pending in the
Court of Appeals shall, as soon as practicable
after the organization of the Courts of Civil
Appeals, be certified to and the records there-
of transmitted to the proper Court of Civil
Appeals to be decided by said courts. At the
first session of the Supreme Court. the Court
of Criminal Appeals and such of the Courts
of Civil Appeals which may be hereafter
created under this article, after the first
election of the judges of such courts, under
this amendment, the terms of office of the
judges of each court shall be divided into
three classes and the Justices thereof shall
draw for the different classes. Those who
shall draw class No. 1 shall hold their offices
two years, those drawing class No. 2 shall
hold their offices for four years. and those
who may draw class No. 3 shall hold their
offices for six years from the dale of their
election and until their successors are elected
and qualified, and thereafter each of the said
judges shall hold his office for six years, as
provided in this Constitution.
[Note.-The foregoing Sec. 6 of Art. V, estab-
lishing the Courts of Civil Appeals. is an amend-
ment superseding parts 3f the original Secs. 5
and 6, which provided for the old "Court of Ap-
peals," and defined its jurisdiction) powers, etc.
Submitted by Twenty-Second Legislature (1891),
ratified at an election Aug. 11. 1891, and de-
clared adopted Sept. 22, 1891.I
Sec 7 Judicial Districts: Judges; Their
Qualifications; Residence; Term of Office:
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 thee 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 have been
a practicing lawyer of this State or a Judge
of a court in this State. for four years next
preceding his election, who shall have resided
in the district in which he was elected for
two years next preceding his election, who
shall reside in his district during his term of
office. who shall hold his office for the period
of four years and shall receive for his serv-
ices an annual salary of $2.500. until other-
wise changed 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 pre-
scribed by law. The Legislature shall have
power by general or special laws to authorize
the holding of special terms of the court or
the holding of more than two terms In any
county for the dispatch of business.
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 ap-
[Note -The foregoing Sec. 7 of Art. V is an
amendment, being 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). ratified at an election
Aug. 11. 1891, and declared adopted Sept. 22.
Sec. S. 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.
injunction and certiorari, and all writs nec-
essary to enforce their jurisdiction.
The District Court shall have appellate
iurisdiction 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 jurisdiction 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 ha e general
original jurisdiction orei all causes of action
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Texas Almanac, 1949-1950, book, 1949; Dallas, Texas. (texashistory.unt.edu/ark:/67531/metapth117167/m1/65/: accessed December 17, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.