Article V, Section 2 of the Texas Constitution ("Supreme Court; Justices")
As amended November 2, 2021:
(a) The Supreme Court shall consist of the Chief Justice and eight Justices, any five of whom shall constitute a quorum, and the concurrence of five shall be necessary to a decision of a case; provided, that when the business of the court may require, the court may sit in sections as designated by the court to hear argument of causes and to consider applications for writs of error or other preliminary matters.
(b) No person shall be eligible to serve in the office of Chief Justice or Justice of the Supreme Court unless the person: (1) is licensed to practice law in the State of Texas; (2) is, at the time of election, a citizen of the United States and a resident of the State of Texas; (3) has attained the age of thirty-five years; (4) has been either: (A) a practicing lawyer licensed in the State of Texas for at least ten years; or (B) a practicing lawyer licensed in the State of Texas and judge of a state court or county court established by the Legislature by statute for a combined total of at least ten years; and (5) during the time required by Subdivision (4) of this subsection has not had the person's license to practice law revoked, suspended, or subject to a probated suspension.
(c) Said Justices shall be elected (three of them each two years) by the qualified voters of the state at a general election; shall hold their offices six years; and shall each receive such compensation as shall be provided by law.
Editor Comments
Texas has had five constitutions since statehood. Under four of the constitutions, justices of the Supreme Court have had to run for office in contested elections.
However, many Supreme Court justices–and other state judges–are initially appointed to fill a vacancy and later have the advantage of running as an incumbent.
In a 2007 law review article detailing an extraordinary period in the history of the Supreme Court, a St. Mary's law professor states:
I will argue that the issue of statewide prohibition and the divergent views held on that issue by members of the Texas Supreme Court was the driving force behind the disharmony and dysfunctionality of the court during this decade. Statewide prohibition explains why elections of candidates to the court were so fiercely contested, explains how the court's membership was shaped, and suggests why the court was unable to properly perform its work.
Michael Ariens, The Storm Between the Quiet: Tumult in the Texas Supreme Court, 1911-21, 38 St. Mary's L.J. 641, 645 (2007).
Recent Decisions
None.
Historic Decisions
None.
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)