Wednesday, April 23, 2008

Texas Court of Criminal Appeals

The Texas Court of Criminal Appeals is the court of last resort for all criminal matters in the State of Texas and is composed of a Presiding Judge and eight Judges.

The Presiding Judge and eight remaining Judges are elected to "court place positions" in staggered six-year terms by state-wide general election. The court place position has no special significance. The appeal of all cases in which the death penalty has been assessed go directly to the Court of Criminal Appeals from the trial courts. The appeals of all other criminal cases go to one of the fourteen Courts of Appeals in Texas, however, their decisions may also be reviewed by the Court of Criminal Appeals.

To stand for election a person must be at least 35 years of age, a United States and Texas citizen, licensed to practice law in Texas, and must have practiced law at least 10 years. When a vacancy arises the Governor of Texas may appoint Judges to the Court of Criminal Appeals, subject to Senate confirmation, to serve out the remainder of an unexpired term until the next general election. Like the Texas Supreme Court, the Judges of the Court of Criminal Appeals are currently all members of the Republican Party.

Graphical Guide to the Court System of Texas.
Pamphlet on the Texas Judicial System
Overview of Court System Structure and Jurisdiction
Texas Judicial System Subject-Matter Jurisdiction of the Courts

Texas District Courts of Appeals

The Texas District Courts of Appeals are distributed in fourteen districts around the state of Texas. Appeals from Collin, Dallas, Kaufman, Rockwall and Grayson counties (map) are all heard by the 5th District Court of Appeals, which includes one Chief Justice and 12 and twelve other Justices.

The Courts of Appeal have intermediate appellate jurisdiction in both civil and criminal cases appealed from district or county courts. Like the Texas Supreme Court and Court of Criminal Appeals, Justices of the Texas Courts of Appeals are elected to six-year terms by general election.


Both civil and criminal appeals are typically heard by a panel of three justices, unless in a particular case an en banc hearing is ordered, in which instance all the justices of that Court hear and consider the case.

Graphical Guide to the Court System of Texas.
Pamphlet on the Texas Judicial System
Overview of Court System Structure and Jurisdiction
Texas Judicial System Subject-Matter Jurisdiction of the Courts

Click on the Texas District Courts of Appeals
district numbers in the map below.
Courts of Appeals by District 7th Court of Appeals - Amarillo 8th Court of Appeals - El Paso 11th Court of Appeals - Eastland 2nd Court of Appeals - Fort Worth 5th Court of Appeals - Dallas 6th Court of Appeals - Texarkana 12th Court of Appeals - Tyler 10th Court of Appeals - Waco 9th Court of Appeals - Beaumont 14th Court of Apeals - Houston 1st Court of Appeals - Houston 3rd Court of Appeals - Austin 13th Court of Appeals - Corpus Christi 4th Court of Appeals - San Antonio
  1. Houston
  2. Fort Worth
  3. Austin
  4. San Antonio
  5. Dallas
  6. Texarkana
  7. Amarillo
  8. El Paso
  9. Beaumont
  10. Waco
  11. Eastland
  12. Tyler
  13. Corpus Christi
  14. Houston
.

Texas Railroad Commission

There are three individuals who serve together on the Texas Railroad Commission. Railroad Commissioners serve six year terms, with one commissioner seeking state wide election every two years, including this year. The Texas Railroad Commission is the state agency that regulates the oil and gas industry, gas utilities, pipeline safety, safety in the liquefied petroleum gas industry, and surface coal and uranium mining.

As is suggested by its name, the Railroad Commission was initially created to regulate railroads, terminals, wharves and express companies within the state. Pipelines were added to the commission's jurisdiction in 1917, followed by the oil and gas industry in 1919 and gas utilities in 1920.

Effective October 1, 2005, the Railroad Commission of Texas no longer has regulatory authority over railroads, nor does it have jurisdiction over public utility companies.

Texas Commissioner of the General Land Office

The General Land Office administers the use of all state-owned lands. This responsibility includes leasing for gas and oil production, mining, and grazing, and monitoring the environmental quality of public lands and waters. The office also operates the veterans' land program, in which state bonds are used to underwrite loans to military veterans for land purchases.

Nearly 12 percent of Texas, or about 32,000 square miles is state controlled public land. This land area is larger than the total land of South Carolina, West Virginia, Maryland, Hawaii, Massachusetts, Vermont, New Hampshire, New Jersey, Connecticut, Delaware and Rhode Island. Unlike most western states, little more than 1 percent of Texas is public land. Managed by the General Land Office, most of the public land in Texas is in west Texas or submerged along the Gulf of Mexico coast. Valuable mineral leases on parts of this land generate money to support primary and secondary public schools and universities across Texas.

The Land Commissioner authorizes exploration and exploitation of public lands, so the Commissioner's decisions affect hundreds of millions of dollars in economic activity. This also has a significant impact on state government and services, as the General Land Office generates hundreds of millions of dollars in royalties on oil and gas extracted from state lands. The Land Office has often come under criticism for doing too little to protect coastal areas of Texas.

As with similar offices in other states and the Federal Department of the Interior, the Texas Land Commissioner must reconcile the economic use of natural resources with environmental protection and conservation. State lands are a valuable source of revenue, particularly given that the state cannot draw on an income tax for revenue and that a significant share of oil and gas royalties are dedicated to public education. These issues are particularly acute in the coastal areas, where the state owns four million acres of submerged lands and all of the beaches. The General Land Office must balance the competing goals to both to exploit and preserve public lands.

Oil and gas production on state-owned lands has helped fund public education and keep taxes low. The economic activity generated by the energy sector has been key to fueling our economy. But it’s no secret Texas' oil and gas hey days are behind us and the state can rely solely on this a non-renewable asset to fund public education forever.

With over 20 million acres of state-owned land, much of it on the windy Gulf coast and in windy and sunny West Texas, the state should be a leader on renewable energy production, but it is not. Moving quickly into a 21st century renewable energy market would generate additional revenue produced on state lands from energy production, which in turn would help fund public education and keep taxes low. It would produce economic activity in communities across Texas, in both the manufacturing and construction sectors. It would provide jobs in some of the communities in Texas most in need of them. And transitioning away from a petrochemical economy into a renewable clean energy economy would help protect our environment.

The Texas General Land Office should aggressively take the lead on renewable energy development rather than continuing to focus exclusively on depleting non-renewable fossil energy reserves to fund public education.

The Christmas Mountains, in the heart of the Big Bend region of southwest Texas, were donated to the State of Texas in 1991. The foundation that gave the land to Texas stipulated that the Christmas Mountains were to remain public. The land should have been transferred to the National Park Service (NPS) and been made part of Big Bend National Park years ago. However, Republican Land Commissioner Jerry Patterson has prevented has blocked making the Christmas Mountain area a part of the Big Bend National Park. Commissioner Jerry Patterson insists that the Mountains should be sold to a private entity.