Article V, Section 3-c of the Texas Constitution ("Questions of State Law Certified from Federal Appellate Court")

Added November 5, 1985:

(a) The supreme court and the court of criminal appeals have jurisdiction to answer questions of state law certified from a federal appellate court.

(b) The supreme court and the court of criminal appeals shall promulgate rules of procedure relating to the review of those questions.

Editor Comments

Under this section, the state's two high courts are granted original jurisdiction to answer questions of state law certified from a federal appellate court.

—Attorney Steve Smith

Recent Decisions

• Fire Prot. Serv., Inc. v. Survitec Survival Prods., Inc., 649 S.W.3d 197, 202-03 (Tex. 2022) (citation omitted) ("The State, as amicus, on the other hand, urges us to decide whether life rafts are 'equipment' covered by the Act, arguing that our precedents require resolution of that question before reaching the constitutional question the Fifth Circuit posed. We of course adhere to our rule that courts must avoid reaching constitutional questions when issues can be resolved on nonconstitutional grounds. . . . We therefore decline the State's invitation to address Survitec's claim that life rafts are not 'equipment' under the Act, and we express no opinion on it.")

Historic Decisions

• Lucas v. United States, 757 S.W.2d 687, 687 (Tex. 1988) ("In 1985, Texas voters approved an amendment to our state constitution which became article V, section 3-c. The amendment became effective January 1, 1986, and our court thereafter promulgated an implementing rule as authorized by the constitution. See Tex. Const. art. V., §§ 3-c(b) and 31; Tex.R.App.P. 114. Because this is the first case to come to us under the new certification procedures, for historical purposes we will first review briefly the steps employed by this court in considering the Fifth Circuit's certification order and, ultimately, agreeing to answer the questions certified.")

• United Servs. Life Ins. Co. v. Delaney, 396 S.W.2d 855, 864 (Tex. 1965) (footnote omitted) ("The process is rather like burning a house to roast a pig. A certified question practice, which in the light of the Texas experience, might be expected to present some attendant and vexatious problems, seems more advisable. . . . [T]he question should come directly to this Court from either the Supreme Court of the United States or one of the Circuit Courts of Appeals. Because of the Texas Constitution and the decisions of this Court construing some of its provisions, it would be necessary to amend our fundamental law in order to accomplish the ends desired.")

Library Resources

• Vernon's Annotated Constitution of the State of Texas (this multi-volume and up-to-date resource is available at all law libraries and many municipal libraries)

• The Texas State Constitution: A Reference Guide (this one-volume resource is available at most law libraries and some municipal libraries)

• The Constitution of the State of Texas: An Annotated and Comparative Analysis (this two-volume resource is available at most law libraries and some municipal libraries)

Online Resources

• Constitution of the State of Texas (1876) (this resource is published and maintained by the University of Texas School of Law)

• Amendments to the Texas Constitution Since 1876 (this resource is published and regularly updated by the Legislative Council)

• Reports Analyzing Proposed Amendments (this resource is published and regularly updated by the Legislative Reference Library)