The Laws of Texas, 1822-1897 Volume 10 Page: 199
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ISenate J. E. No. 16.] Joint Resolution to amend Section 1, 2, 3, 4, 5, 6, 7, 8, 11,
12, 16, 25, and 28, Article 5, of the Constitution of the State of Texas.
Be it resolved by the Legislature of the State of Texas: That sections 1, 2, 3,
4, 5, 6, 7, 8, 11, 12, 16, 25, and 28 of article 5, of the Constitution of the State of
Texas be so amended as to hereafter read as follows:
Article 5.-Judicial Department.
Section 1. The judicial power of this State shall be vested in one Supreme
Court, in Courts of Civil Appeals, in a Court of Criminal 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 lav. The Criminal District
Court of Galveston and Harris Counties shall continue with the district jurisdiction,
and organization now existing by law until otherwise provided by law.
The Legislature may establish such other courts as it may deem necessary, and
prescribe the jurisdiction and organization thereof, and may conform the juris*diction
of the district and other inferior courts thereto.
Section 2. The Supreme Court shall consist of a chief justice and two associate
justices, any two of whom shall constitute a quorum, and the concurrence of
-two judges shall be necessary to the decision of a case. No person shall be eligible
to the office of chief justice or associate justice of the Supreme Court unless he
be, at the time of his election, a citizen of the United States and of this State,
and unless he shall have attained the age of thirty years, and shall have been
.a practicing lawyer or a judge of a court or such lawyer and judge together at
least seven years. Said chief justice and associate justices shall be elected by the
qualified voters of the State at a genera] election, shall hold their offices six years,
or until their successors are elected and qualified, and shall each receive an annual
salary of four thousand dollars until otherwise provided by law. In case of a
vacancy in the office of Chief Justice of the Supreme Court the Governor shall
fill the vacancy until the next general election for State officers, and at such
general election the vacancy for the unexpired term shall be filled by election by
the qualified voters of the State. The judges of the Supreme Court who may be
in office at the time this amendment takes effect shall continue in office until the
*expiration of their term of office under the present Constitution and until their
-successors are elected and qualified.
Section 3. The Supreme Court shall have appellate jurisdiction only except
-as herein specified, which shall be coextensive with the limits of the State.
Its appellate jurisdiction shall extend to questions, of law arising in cases of
which the Courts of Civil Appeals have appellate jurisdiction, under such restrictions
and regulations as the Legislature may prescribe. Until otherwise
provided by law the appellate jurisdiction of the Supreme Court shall extend
to questions of law arising in the cases in the Courts of Civil Appeals in
which the judges of any Court of Civil Appeals, may disagree, or where the several
Courts of Civil Appeals may hold differently on the same question of law,
,or where a statute of the State is held void. The Supreme Court and the justices
thereof shall have power to issue writs of habeas corpus as may be prescribed by
law, and under such regulations as may be prescribed by law the said courts and
the justices thereof may issue the writs of mandamus, procedendo, certiorari and
*such other writs as may be necessary to enforce its jurisdiction. The Legis(199)
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 10, book, 1898; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth6733/m1/201/: accessed October 1, 2023), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .