Malcolm Rivera
The Texas Constitution, first established in 1827, has had a judicial branch since its inception. The current version, adopted in 1876, is the seventh in Texas history and outlines the structure and function of the state government, including the judicial branch. Article 5 of the Texas Constitution, also known as the Judicial Department, establishes the state's complex judicial system, with its many layers of courts and overlapping jurisdictions. The Texas Supreme Court is responsible for administering the judicial branch and has the authority to make rules and regulations to ensure the efficient and uniform administration of justice. The constitution also establishes other courts such as the Court of Criminal Appeals and Courts of Appeals, outlining their respective jurisdictions and powers.
| Characteristics | Values |
|---|---|
| Date of adoption | February 15, 1876 |
| Previous constitutions | 6 |
| Judicial power | Vested in one Supreme Court, in a Court of Appeals, in District Courts, in County Courts, in Commissioners' Courts, in Courts of Justices of the Peace, and in such other courts and may be established by law |
| Supreme Court | Consists of a chief justice and two associate justices |
| Court of Appeals | Consists of three judges |
| Judicial districts | 26 |
| Separation of powers | Yes, the three branches of government are separate |
| Amendments | 714 proposed, 530 approved, 181 defeated, 3 never on the ballot |
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What You'll Learn
The Texas Constitution's history
The Texas Constitution establishes the structure and function of the government of the U.S. state of Texas and enumerates the basic rights of its citizens. The current Texas Constitution, adopted on February 15, 1876, is the seventh in Texas history. The previous six were adopted in 1827 (while Texas was still part of Mexico), 1836 (the Constitution of the Republic of Texas), 1845 (upon admission to the United States), 1861 (at the beginning of the American Civil War), 1866 (at the end of the American Civil War), and 1869.
The Texas Constitution is organized by articles, with the first article setting out a bill of rights. The following articles establish the three branches of government: legislative, executive, and judicial. Article 2 provides for the separation of powers of these three branches, prohibiting each branch from encroaching on the powers of the others. Article 5, which establishes the judicial branch, is further defined by statute, in particular the Texas Government Code and Texas Probate Code. The structure is complex, featuring many layers of courts, numerous instances of overlapping jurisdiction, and an unusual bifurcated appellate system.
The 1836 Constitution of the Republic of Texas established a judicial department that was predominantly Anglo-American. The judicial power was vested in one Supreme Court, which had jurisdiction over appeals only, and such inferior courts as the Congress might establish. Congress might divide the republic into judicial districts, with each having a judge who served as both a trial judge and a member of the Supreme Court. This model of single-judge trial courts was common in American states on the eve of the Civil War.
Since 1876, the Texas Legislature has proposed hundreds of constitutional amendments, with 530 approved by the electorate and 181 defeated. The Texas Constitution is highly restrictive, stipulating that the state of Texas has only those powers explicitly granted to it. It also includes a bill of rights that is considerably lengthier and more detailed than the federal Bill of Rights, with some provisions not included in the federal Constitution.
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Judicial branch's structure
The Texas Constitution, which was adopted in 1876, outlines the structure and function of the state's government and establishes three branches of government: the legislative, executive, and judicial. Article 5 of the constitution, also known as the Judicial Department, details the structure of the judiciary branch.
The Supreme Court of Texas is responsible for the administration of the judicial system and has the authority to make and amend rules governing procedure in trial and appellate courts, as well as rules of evidence. It is composed of a chief justice and two associate justices, with any two constituting a quorum. The Supreme Court exercises the state's judicial power, with its jurisdiction extending across the state.
Below the Supreme Court are the Courts of Appeals, which consist of three judges, with any two constituting a quorum. These courts have appellate jurisdiction across the state in criminal and civil cases. The judges are elected by the qualified voters of their respective districts for a term of six years.
The District Courts and County Courts are also integral parts of the judicial system, with County Courts being a court of record. Each county elects a county judge, who is well-versed in state law and acts as a conservator of the peace. These courts often share the same courthouse and handle a significant number of cases.
Additionally, the Court of Criminal Appeals holds final appellate jurisdiction in all criminal cases, and its determinations are final. This court can issue writs of habeas corpus and review decisions of the Courts of Appeals in criminal cases.
The Texas judicial system is known for its complexity, with multiple layers of courts, overlapping jurisdictions, and differences between counties.
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Separation of powers
The Texas Constitution, which was adopted on February 15, 1876, is the document that establishes the structure and function of the government of the U.S. state of Texas. It also enumerates the basic rights of its citizens. The Texas Constitution is the second-longest state constitution in the United States. It establishes the three branches of government: legislative, executive, and judicial.
Article 2 of the Texas Constitution provides for the separation of powers of these three branches of the state government, prohibiting each branch from encroaching on the powers of the others. The legislative branch is vested with the legislative power of the state and consists of the state's Senate and House of Representatives. The judicial power of the state, on the other hand, is vested in the Supreme Court, Court of Appeals, District Courts, County Courts, Commissioners' Courts, and Courts of Justices of the Peace. The Supreme Court is responsible for the efficient administration of the judicial branch and has the authority to make rules of administration and procedure for the courts.
The Texas Constitution has been amended numerous times since its adoption, with the Texas Legislature proposing 714 constitutional amendments from 1876 to 2024. Most of these amendments are due to the document's highly restrictive nature, as it stipulates that the state of Texas has only those powers explicitly granted to it. The Texas Constitution also incorporates a bill of rights, which is lengthier and more detailed than the federal Bill of Rights and includes some unique provisions.
The Texas judicial system is known for its complexity, with many layers of courts, overlapping jurisdictions, and differences between counties. The Texas Supreme Court and Court of Criminal Appeals are careful to stay within their respective jurisdictions to avoid conflicting interpretations of the same laws. The Court of Criminal Appeals has exclusive jurisdiction in criminal cases, while the Supreme Court exercises the judicial power of the state in all other cases.
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Judicial districts
The Texas Constitution, which was first adopted in 1876, establishes the structure and function of the government of the state of Texas and outlines the basic rights of its citizens. The Texas Constitution has been amended several times since its adoption, with the most recent amendment occurring in 2024.
The Texas Constitution provides for a judicial branch, which is structured and operates as follows. The Texas Supreme Court is at the apex of the state's judicial system and is responsible for the efficient administration of the judicial branch. It exercises the judicial power of the state, with its jurisdiction extending across the entire state. The Supreme Court holds appellate jurisdiction in all cases except criminal law matters, and it has the authority to issue writs of habeas corpus, mandamus, procedendo, and certiorari to enforce its jurisdiction.
Below the Supreme Court are the Courts of Appeals, which are divided into 14 appellate regions, each presided over by a chief justice. These courts handle appeals from lower courts and have original jurisdiction in certain cases, such as civil matters involving substantial monetary amounts or felony criminal cases. The Texas Constitution also mandates the establishment of a county court in each of the state's 254 counties, although not all of these courts exercise judicial functions. County courts may handle both civil and criminal matters, depending on the county's population and legislative structure.
The Texas Constitution also allows for the creation of specialized courts, such as probate courts in populous counties, to exclusively handle probate, guardianship, and mental health cases. Additionally, the state is divided into judicial districts, with each district having "a judge" as outlined in the constitution. These districts can be adjusted by the Legislature.
The Court of Criminal Appeals is another vital component of the Texas judicial system. This court holds the final appellate jurisdiction in all criminal cases and has the authority to issue writs of habeas corpus. The Court of Criminal Appeals also has the discretion to review decisions made by the Courts of Appeals in criminal cases.
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Amendments
The Texas Constitution establishes the structure and function of the government of the U.S. state of Texas and enumerates the basic rights of its citizens. The document is organised by articles, with the first article setting out a bill of rights. The following articles establish the three branches of government: legislative, executive, and judicial.
The Texas Constitution has been amended numerous times since its adoption in 1876. From 1876 to 2024, the Texas Legislature proposed 714 constitutional amendments, of which 530 were approved by the electorate, 181 were defeated, and three never made it to the ballot. The Texas Legislature can propose amendments to the state constitution, which Texas voters then decide whether to adopt.
The Texas Constitution's Article 5, which establishes the Judicial Department, has been amended several times. The original Article 5 provided for the state to be divided into 26 judicial districts, with a judge elected for each district. The current version of Article 5, last amended in 2001, establishes the Supreme Court, Court of Appeals, District Courts, County Courts, Commissioners' Courts, and Courts of Justices of the Peace as part of the Judicial Department. It also gives the Legislature the power to establish Criminal District Courts and outlines the jurisdiction and responsibilities of these courts.
Article 2 of the Texas Constitution provides for the separation of powers of the three branches of government, prohibiting each branch from encroaching on the powers of the others. Article 3 vests the legislative power in the "Legislature of the State of Texas", consisting of the state's Senate and House of Representatives, and regulates the legislative process.
The Texas Constitution's bill of rights is considerably lengthier and more detailed than the federal Bill of Rights, and it includes some provisions not included in the federal Constitution. For example, Section 12 recognises the writ of Habeas Corpus as a right and prohibits its suspension under any circumstance, which differs from the U.S. Constitution, which allows suspension in cases of rebellion or invasion.
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Frequently asked questions
The Texas Constitution is a document that establishes the structure and function of the government of the U.S. state of Texas and enumerates the basic rights of its citizens.
Yes, the Texas Constitution has a judicial branch. The structure of the judiciary of Texas is laid out in Article 5 of the Constitution and is further defined by statute, in particular, the Texas Government Code and Texas Probate Code.
The Texas Constitution establishes the judicial power of the state, which is vested in the Supreme Court, Court of Appeals, District Courts, County Courts, Commissioners' Courts, and Courts of Justices of the Peace. The Supreme Court is responsible for the administration of the judicial branch and has the power to issue writs of habeas corpus and mandamus. The Court of Appeals has appellate jurisdiction in criminal and civil cases, while the District Courts and County Courts handle most cases at the local level.
