General and Special Laws of The State of Texas Passed By The Regular Session and The First Called Session of the Sixty-Fifth Legislature Page: 3,359
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PROPOSED CONSTITUTIONAL AMENDMENTS
PROPOSED CONSTITUTIONAL AMENDMENTS-
COURT OF CRIMINAL APPEALS
S. J. R. No. 18
Proposing an amendment to Article V of the Texas Constitution to provide for
a court of criminal appeals with nine judges and to permit the court to
sit in panels of three Judges.
Be it resolved by the Legislature of the State of Texas:
Section 1. That Article V, Section 1 of the Texas Constitution, be
amended to read as follows:
"Sec. 1. Judicial Power; Courts in Which Vested
"The judicial power of this State shall be vested in one Supreme Court,
in one Court of Criminal Appeals, in Courts of Civil Appeals, in District
Courts, in County Courts, in Commissioners Courts, in Courts of Justices of
the Peace, and in such other courts as may be provided by law.
"The Legislature may establish such other courts as it may deem nec-
essary and prescribe the jurisdiction and organization thereof, and may
conform the jurisdiction of the district and other inferior courts thereto."
Sec. 2. That Article V, Section 4 of the Texas Constitution, be amend-
ed to read as follows:
"Sec. 4. Court of Criminal Appeals; Judges
"The Court of Criminal Appeals shall consist of eight Judges and
one Presiding Judge. The Judges shall have the same qualifications and
receive the same salaries as the Associate Justices of the Supreme Court,
and the Presiding Judge shall have the same qualifications and receive
the same salary as the Chief Justice of the Supreme Court. The Presiding
Judge and the Judges shall be elected by the qualified voters of the state
at a general election and shall hold their offices for a term of six years.
In case of a vacancy in the office of a Judge of the Court of Criminal Ap-
peals, the Governor shall, with the advice and consent of the Senate, fill
said vacancy by appointment until the next succeeding general election.
"For the purpose of hearing cases, the Court of Criminal Appeals may
sit in panels of three Judges, the designation thereof to be under rules
established by the court. In a panel of three Judges, two Judges shall
constitute a quorum and the concurrence of two Judges shall be necessary
for a decision. The Presiding Judge, under rules established by the court,
shall convene the court en banc for the transaction of all other business
and may convene the court en banc for the purpose of hearing cases. The
court must sit en banc during proceedings involving capital punishment
and other cases as required by law. When convened en banc, five Judges
shall constitute a quorum and the concurrence of five Judges shall be nec-
essary for a decision. The Court of Criminal Appeals may appoint Com-
missioners in aid of the Court of Criminal Appeals as provided by law."
Sec. 3. That Article V, Section 5 of the Texas Constitution, be amend-
ed to read as follows:
"Sec. 5. Jurisdiction of Court of Criminal Appeals; Terms of Court;
"The Court of Criminal Appeals shall have appellate jurisdiction co-
extensive with the limits of the state in all criminal cases of whatever
grade, with such exceptions and under such regulations as may be pre-
scribed by law.
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Texas. Legislature. General and Special Laws of The State of Texas Passed By The Regular Session and The First Called Session of the Sixty-Fifth Legislature, legislative document, 1977; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth221798/m1/1583/?q=%22criminal%20appeals: accessed June 16, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.