Supreme Court of Texas

The Supreme Court of Texas is composed of a Chief Justice plus eight Justices and it is the court of last resort for civil matters in the State of Texas. The Supreme Court of Texas was first established in 1836 by the Constitution of the Republic of Texas, which vested the judicial power of the Republic in “…one Supreme Court and such inferior courts as the Congress may establish.” The later Texas state Constitutions also established the Supreme Court as head of the judicial branch of Texas government.

A different court, the Texas Court of Criminal Appeals, is the court of last resort for criminal matters. The Justices of the Supreme Court are elected to staggered six-year terms in state-wide elections.

The Supreme Court has statewide appellate jurisdiction in most civil cases, which include contract, personal injury, family and juvenile cases. The Court’s jurisdiction is discretionary; that is, the Court decides what cases it will take. Parties do not have a right to have their cases fully heard by the Court. Instead, they petition the Court to review their cases. Only about 10% of the cases are granted review. The Supreme Court’s caseload consists of three primary categories:

1. Determining whether to grant review of the final judgment of a court of appeals or certain interlocutory orders via a petition for review;
2. Disposition of regular causes which include review of a final judgment, petitions for writs of mandamus or habeas corpus, certified questions, accepted parental notification appeals, and direct appeals;
3. Disposition of numerous motions related to petitions and regular causes.

Members of the Texas Supreme Court are elected in partisan elections on a statewide basis for six-year terms of office. When a vacancy arises the Governor of Texas may appoint Justices, subject to Senate confirmation, to serve out the remainder of an unexpired term until the next general election. Anyone appointed to the Court must stand for election in the next general election after the appointment.

Five of the current Justices, a majority, have been appointed by Governor Rick Perry (R) and all the current Justices, like all the Judges of the Texas Court of Criminal Appeals, are members of the Republican party. All justices are elected to a "court place position" in state-wide general elections. Other than Place 1, which is reserved as the Chief Justice place position, the Supreme Court place numbers have no special significance.

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. There are no other qualifications to be a justice — the rest is up to the voters of Texas, or in the case of a vacancy, the Governor.

By statute, the Texas Supreme Court has administrative control over the State Bar of Texas, an agency of the judiciary. The Texas Supreme Court also has the sole authority to license attorneys in Texas, and appoint members of the Board of Law Examiners, which under instructions of the Supreme Court, administers the Texas State Bar Examination. Administrative duties include:

1. Promulgating the Rules of Civil Procedure for the Texas judicial system (Gov’t Code §22.004);
2. Promulgating rules of administration for the Texas judicial system (Gov’t Code §72.024);
3. Equalizing the dockets of the 14 courts of appeals (Gov’t Code §73.001);
4. Promulgating the rules of procedure for the Commission on Judicial Conduct, and disciplining judges or removing judges from office (Gov’t Code, Ch. 33, art. V, sec.1-a);
5. Supervising the operations of the State Bar of Texas and the rules and regulations for the admission, discipline, supervision, and disbarment of lawyers, and approving the law schools of the State (Gov’t Code, Ch. 81); and
6. Promulgating the rules for the operation of the Court Reporters Certification Board and the disciplinary rules enforced by this Board (Gov’t Code §52.002).

Committees of lawyers and judges assist the court in reviewing, amending and developing rules of procedure and judicial administration — but the Court has final say on the rules. By overseeing the State Bar and ruling and disciplinary matters, the Court regulates the legal profession itself.

By statute, the Chief Justice of the Texas Supreme Court has the responsibility to:

1. Confer with the presiding judges of the administrative judicial regions to promote the prompt dispatch of judicial business (Gov’t Code §74.001);
2. Assign judges between administrative judicial regions (Gov’t Code §74.057);
3. Assign retired appellate justices to the various courts of appeals on a temporary basis (Gov’t Code §74.003);
4. Deliver a “State of the Judiciary” message at the commencement of each regular session of the Legislature (Gov’t Code §21.004);
5. Ensure that the Supreme Court executes and implements its administrative duties and responsibilities (Gov’t Code §74.006).

In practice, the Chief presides over the conferences of the nine justices to discuss cases pending before them. As part of the “administrative duties and responsibilities” the Chief traditionally plays the role of encouraging the other justices to work efficiently and keep up with the Court’s caseload.

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 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.

	Houston Fort Worth Austin San Antonio Dallas Texarkana Amarillo El Paso Beaumont Waco Eastland Tyler Corpus Christi 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.