spring 2004 vol. 9 no. 4                                                                                                                        Return to Contents
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Appellate Courts in Texas Since 1876

Compiled by Catherine K. Harris

A brief chronology of the establishment OF THE SUPREME COURT OF TEXAS,THE COURT OF CRIMINAL APPEALS ANDTHE DISTRICT COURTS OF APPEAL(Supreme Judicial Districts)

This chronology focuses on the significant dates in the establishment of the appellate courts in the Texas judicial system. It is intended as supplemental information to the invaluable 1976 publication of the late Marian Boner, Librarian of the State Law Library, A Reference Guide to Texas Law and Legal History, Austin, TX: University of Texas Press.
Legislation regarding jurisdiction and procedures for appeal is omitted. Legislation revising the placement of counties in each District is generally omitted, although some is included, especially when related to the establishment of the District. From the early days of the Courts of Civil Appeals, the legislature periodically made adjustments regarding the county composition of the Districts in the interest of balancing the case load of the various Districts.

1876 The Texas Constitution, ratified by the people, February 15, 1876, provided for the Supreme Court and the Court of Appeals. “The judicial power of this State shall be 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 as may be established by law.” Article V Section 1.8 Gammel’s Laws of Texas (800) 22.
“The Court of Appeals was given exclusive jurisdiction in criminal appeals
and a very limited civil jurisdiction as well.” M. Boner. A Reference Guide to Texas Law and Legal History, p. 30 (Austin: University of Texas Press, 1976).
“The court of appeals was created to relieve the supreme court of all criminal appeals and all civil appeals from courts below the district level.” 1 G. Braden, The Constitution of the State of Texas: an Annotated and Comparative Analysis 365 (Austin, 1977)
On July 28, 1876, the Legislature appointed a five member commission to “make a complete revision and digest of the laws of the State of Texas.” 8 Gammel’s Laws of Texas (894) 58. The Commission began work in November, 1876, and submitted theirreport on Jan. 1, 1879.
The Commission recommended no material changes to the existing court system, stating that “Article V, Section 25 of the present Constitution clothes the Supreme Court with ample power to make rules necessary to regulate proceedings . . . we believe that no further legislation in this direction is necessary.” 6 Texas Law Review, 327, 334 (1928).
Compiler’s Note: In 1928, the report of the Commission was reprinted in three issues of Volume 6 of the Texas Law Review : February, p. 165, April, p. 327, and June p. 473.
The 16th Legislature, R. S., on March 17, 1879, adopted the 1879 Revised Statutes of Texas that included Title 26: Courts Supreme and of Appeals, Art.1001 et seq., p.164.
“[The revision] was based principally on the fifth edition of Paschal’s Digest and indicated by marginal notes the Digest section (P.D._) furnishing the source for each article so derived.” Boner, Ibid., 17.
Apparently, however, there was a need for the two courts to have assistance. Soon after the regular session adjourned, a special session occurred.

1879 On July 9, in a special session, the Texas Legislature created a commission of appeals, known as The Commission of Arbitration and Award, to assist both courts in handling a heavy civil docket. Cases could be referred to the commission by consent of the parties. Acts 1879, 16th Legislature, Special Session, Chapter 34. 9 Gammel’s Laws of Texas, (62) 30.

1881 The two courts were granted authority to refer civil cases to the Commission. Acts 1881, 17th Legislature, chapter VII. 9 Gammel’s Laws of Texas (96) 4.

1887 Legislation granting authority to the Commission to “hear and pronounce award upon civil cases” pending in the Supreme Court, and parties allowed to file written consent. Acts 1887, 20th Legislature, R.S., Chapter 95. 9 Gammel’s Laws of Texas (872) 74.

1889 Legislation amending the 1887 Act granted the Supreme Court exclusive right to refer cases for decision with proper notice to both parties and their right to be heard. Acts 1889, 21st Legislature, chapter 55 9 Gammel’s Laws of Texas, (1077), 49.

1891 Constitutional Amendment, acted on by electorate August 11, 1891, established Courts of Appeal. Acts 1891, 22nd Legislature, R.S., [Senate J.R. No. 16] p. 197; approved by Senate, April 28, 1891. 10 Gammel’s Laws of Texas, (199) 197.
“The Judiciary article [Art. V, Sec. 1, Texas Constitution] was extensively revised by amendment in 1891. The amendment . . . completely restructured the appellate courts. The court of appeals became the court of criminal appeals, with criminal jurisdiction only. A new classification of intermediate appellate courts, the courts of civil appeals, was created.” Braden, Ibid., p. 335.

1892 Legislation to establish district courts of appeal. Acts 1892, 1st C.S. 22nd Leg. Chapter 18 passed April 13, 1892, effective August 15, 1892: “An Act to divide the state of Texas into three Supreme Judicial Districts and establish a court of civil appeals in each of said districts, and to prescribe the times for holding court in each of said districts.”
Three Supreme Judicial Districts were authorized: the First in Galveston, Galveston County, the Second in Fort Worth, Tarrant County, and the Third in Austin, Travis County.

1893 Legislation to establish two additional courts of appeal and to reauthorize the three courts established in 1892. Acts 23rd Legislature, R.S., Chapter 116; passed on and effective on May 13,

1893 The two new courts established were the Fourth District in San Antonio, Bexar County, and the Fifth District in Dallas, Dallas County.
The Acts referenced above, establishing the first five Supreme Judicial Districts, were codified in the 1895 revision of the Texas civil statutes adopted by the 24th Legislature, R.S., 1895. See Title 4, Art. 21, and Title 27, Chapter 12, Art. 933.

1907 Legislation passed to create the Sixth Supreme Judicial District in Texarkana, Bowie County. This legislation amended Article 21 of Title 4 of the Revised Civil Statutes of Texas. Counties constituting each of the 6 districts are named. Acts 1907, 30th Leg., R.S., Chapter 174, p. 324.
Codification of statutes regarding the Supreme Judicial Districts is at Art. 29, 1911 Revised Civil Statutes, p. 18 and at Art. 1585 - 1588, p. 364-65. The 1911 Revised Civil Statutes [Senate Bill No. 288], 32nd Legislature, R.S., were approved by the Governor, April 1, 1911, effective September 1, 1911.

1911 Legislation amending Title 4, Article 21 and creating the Seventh and Eighth Supreme Judicial Districts. Counties constituting each of the districts are named. The Seventh District Court of Civil Appeals was to hold sessions in Amarillo, Potter County; the Eighth District was to hold sessions in El Paso, El Paso County. Acts 1911, 32nd Legislature, R.S. Chapter 120, p. 269.

1915 Legislation creating the Ninth Supreme Judicial District, amending previous legislation concerning the judicial districts, and repealing conflicting laws. The Ninth District court was to hold sessions in Beaumont, Jefferson County. Acts, 1915, 34th Legislature, R.S. Chapter 70, p. 121.

1918 Legislation creating another Commission of Appeals, similar to that of 1879 – 1891. The new commission was established to help the three judges of the Supreme Court. The Commission was to sit in two sections, A and B, each of which was to consist of three members, and the Governor, in making the appointments, was to designate for which Section the appointment was made. The Commission was to begin service in October, 1918, and continue until the last Saturday in June, 1920. Acts, 1918, 35th Legislature, Fourth C.S., Chapter 81, p. 171.

1919 Legislation extending the term of the Commission of Appeals until the last Saturday in June, 1921. Acts, 1919, 36th Legislature, Second C.S., Chapter 34, p. 83.

1921 Legislation extending the term of the Commission of Appeals until the last Saturday in June, 1923. Acts, 1921, 37th Legislature, R.S., Chapter 119, p. 226.

1923 Legislation extending the term of the Commission of Appeals until the last Saturday in June, 1925. Acts, 1923, 38th Legislature, R.S., Chapter 154, p. 331.
Legislation creating the Tenth Supreme Judicial District, amending previous legislation concerning judicial districts, and repealing conflicting laws. The Tenth District court was to hold sessions in the city of Waco, McLennan County. Acts 1923, 38th Legislature, R.S., Chapter 74, p. 152.

1925 Legislation extending the term of the Commission of Appeals until the last Saturday in June, 1931. Acts, 1925, 39th Legislature, R.S., Chapter 53, p. 193.
Legislation creating a Commission in aid of the Court of Criminal Appeals. Acts, 1925, 39th Legislature, R.S., Chapter 95, p. 269.
Legislation creating the Eleventh Supreme Judicial District, and establishing the counties to be included in each of the eleven districts. The court of the Eleventh District was to hold sessions in the city of Eastland, Eastland County. Acts 1925, 39th Legislature, R.S., Chapter 87, p. 258.
Statutes regarding the Supreme Judicial Districts were codified in the 1925 Revised Civil Statutes at Art.198, p. 76, and at Art. 1812 – 1883 of Title 39, Chapters 1 – 8, p. 511 – 523. The 39th Legislature, R.S. adopted the 1925 Revised Civil Statutes.

1927 Legislation amending Chapter 95 of the 39th Legislature, Acts, 1925 and reauthorizing the the Commission to aid the Court of Criminal Appeals, making it discretionary with the Governor as to whether he appointed one or two such members. Acts, 1927, 40th Legislature, Chapter 40, p. 56.
In 1927, the Governor and the 40th Legislature struggled with the organization of the Supreme Judicial Districts. On February 16, 1927, legislators passed Senate Bill No. 28 creating the Twelfth District Court of Civil Appeals with court sessions to be held n Wichita Falls, Wichita County. The sections of the Act appropriating funds for the new Court were vetoed by the Governor. Acts 1927, 40th Legislature, R.S., Chapter 36, p. 50.
By March 31, 1927, Senate Bill 396 was passed, redistricting the state into eleven districts, and repealing the legislation for the twelfth district. Wichita County was to remain in the Second Supreme Judicial District that held court sessions in Fort Worth, Tarrant County. Acts 1927, 40th Legislature, R.S., Chapter 255, p. 378.

1929 Legislation extending the duration of the Commission of Appeals for the Court of Criminal Appeals. Commissioners were to hold office for 6 years (formerly, they held office for two years). Acts, 1928, 41st Legislature, R.S., Chapter 137, p. 297.
Legislation amending Chapter 255 of the 40th Legislature, and revising the counties placed in 4 of the Supreme Judicial Districts. Acts 1929, 41st Legislature, R.S. Chapter 51, p. 106.

1932 Legislation amending Chapter 51 of the 41st Leg., and revising the placement of counties in 2 districts. Acts 1932, 42nd Legislature, Third C.S., Chapter 38, p. 103.
1939 Legislation amending Art.198 of the 1925 Revised Civil Statutes, and concerning the counties composing each District. Acts, 1939, 46th Legislature, R.S., Title: Courts, Subdivision I. Apportionment, Chapter 1, p. 148.

1941 An Act amending Art. 198, 1925 Revised Civil Statutes, and restating the placement of counties in each of the eleven Supreme Judicial Districts. Acts, 1941, 47th Legislature, R.S., chapter 641, p. 1408.

1957 Legislation changing the location of the First Supreme Judicial District from Galveston to Houston. Acts 1957, 55th Legislature, R.S., Chapter 421, p. 1263.
This Act amends Art.1817 of the 1925 Revised Civil Statutes. The Act provided in Section 2 that the business of the Court could be transacted either at the City of Galveston or the city of Houston, as “the Court shall determine it necessary and convenient, and providing that all cases originated in Galveston County shall be heard and tried in such county.”

1963 Legislation creating the Twelfth and Thirteenth Supreme Judicial Districts, and establishing the counties to be included in each of the thirteen districts. The court of the Twelfth District was to hold sessions in the city of Tyler, Smith County; the court of the Thirteenth District was to hold sessions in the city of Corpus Christi, Nueces County. Acts 1963, 58th Legislature, R.S., Chapter 198, pp. 539 – 542.
The Act above amends Art. 198 of the 1925 Revised Civil Statutes ( previously amended by Chapter 641, Acts of the 47th Legislature, R.S., 1941) and Art.1817 of the 1925 Revised Civil Statutes (previously amended by Chapter 421, Acts of the 57th Legislature, R.S., 1957, Art. 1817a).

1967 Legislation creating the Fourteenth Supreme Judicial District with the court to hold sessions in the city of Houston, Harris County. Acts 1967, 60th Legislature, R.S., Chapter 728, pp. 1952 – 1954.
The Act above amends Articles 198 and Art. 1817, 1925 Revised Civil Statutes of Texas, and 1817a. It also added Brazos County to the First Judicial District.

1983 The 1957 legislation regarding the First Court of Appeals amd codified at R.C.S. Art. 1817a, was amended in 1983 to delete the reference to Galveston County and to allow for the First and Fourteenth Courts of Appeal to transact their business in any county in the First Supreme Judicial District. Acts 1983, 68th Lefislature. R.S., Chapter 653, p. 4148. In 1985, Art. 1817a became Section 22.202 of the Government Code.

Catherine K. Harris, is a Law Librarian at the State Law Library in Austin. She compiled this history in January, 2004, in response to a reference question regarding the Texas appellate court system. The State Law Library is part of the Judicial Branch of Texas state government and is a public law library providing legal information for the two high courts, the Office of the Attorney General, other state agencies and the citizens of Texas.

Texas Paralegal Journal © Copyright 2004 by the Legal Assistants Division, State Bar of Texas.

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