Texas. Court of Appeals (3rd)

Texas Courts of Civil Appeals were first established in 1891 by constitutional amendment (Article V, Section 6). This expansion of the appellate system was designed to reduce the backlog of cases on the Texas Supreme Court docket. At a special session called to implement this amendment in 1892, the 22nd Texas Legislature, 1st Called Session (through Senate Bill 18) divided the state into three supreme judicial districts. Over the next century the judicial system expanded to fourteen supreme judicial districts. Boundaries of geographic jurisdiction have been specified by statute. Justices are elected by the voters of their districts for a term of six years.

The Third Supreme Judicial District originally included most of the counties of central, south, and west Texas, including the following 73 counties, but only for the two years 1892-1893: Atascosa, Bandera, Bastrop, Bell, Bexar, Blanco, Bosque, Brewster, Brown, Buchel, Burnet, Caldwell, Coke, Coleman, Comal, Comanche, Concho, Coryell, Crockett, Dimmit, Duval, Edwards, El Paso, Encinal, Falls, Foley, Freestone, Frio, Gillespie, Gonzales, Guadalupe, Hamilton, Hays, Irion, Jeff Davis, Karnes, Kendall, Kerr, Kimble, Kinney, Lampasas, LaSalle, Lee, Limestone, Live Oak, Llano, Mason, Maverick, McCulloch, McLennan, McMullen, Medina, Menard, Milam, Mills, Navarro, Pecos, Presidio, Robertson, Runnels, San Saba, Schleicher, Sterling, Sutton, Tom Green, Travis, Uvalde, Val Verde, Webb, Williamson, Wilson, Zapata, and Zavala. (Buchel and Foley Counties were abolished in 1897.)

In 1893, the 4th and 5th Supreme Judicial Districts were created (Senate Bills 29, 36, 82, 126, 128, and 300, 23rd Texas Legislature, Regular Session). Thirty-eight of the counties originally assigned to the 3rd Court of Civil Appeals were transferred to the newly created 4th Court of Civil Appeals sitting in San Antonio; three were assigned to the 5th Court of Civil Appeals sitting in Dallas; and two (Bosque and Comanche) were transferred to the 2nd Court of Civil Appeals sitting in Ft. Worth. One county (Robertson) was transferred from the 1st Court to the 3rd Court of Civil Appeals. Thus, in 1893 the newly formulated 3rd Supreme Judicial District included the following 29 counties: Bastrop, Bell, Blanco, Brown, Burnet, Caldwell, Coke, Coleman, Comal, Concho, Coryell, Falls, Hamilton, Hays, Irion, Lampasas, Lee, Llano, McCulloch, McLennan, Milam, Mills, Robertson, Runnels, San Saba, Sterling, Tom Green, Travis, and Williamson.

In 1911 (Senate Bills 10 and 86, 32nd Texas Legislature, Regular Session), two counties were added to the 3rd Supreme Judicial District: Crockett and Schleicher, bringing the total number of counties to 31.

In 1923, when the 10th Supreme Judicial District (sitting in Waco) was created (Senate Bill 197, 38th Texas Legislature, Regular Session), the following five counties were transferred from the 3rd to the 10th Supreme Judicial District: Coryell, Falls, Hamilton, McLennan, and Robertson.

In 1927 (Senate Bill 396, 40th Texas Legislature, Regular Session), Crockett County was transferred from the 3rd to the 8th Supreme Judicial District (sitting in El Paso), created in 1911.

Finally, in 1941 (House Bill 188, 47th Texas Legislature, Regular Session), Brown and Coleman Counties were transferred from the 3rd to the 11th Supreme Judicial District (sitting in Eastland), created in 1925. This brought the total number of counties in the 3rd Supreme Judicial District to the present 24: Bastrop, Bell, Blanco, Burnet, Caldwell, Coke, Comal, Concho, Fayette, Hays, Irion, Lampasas, Lee, Llano, McCulloch, Milam, Mills, Runnels, San Saba, Schleicher, Sterling, Tom Green, Travis, and Williamson counties.

In 1981 (following a constitutional amendment ratified by the November 4, 1980 election), all courts of appeals were given criminal jurisdiction (except for death-penalty cases, which go directly to the Court of Criminal Appeals). At this time, the court's name changed from Court of Civil Appeals for the Third Supreme Judicial District to Third Court of Appeals. In 1985 the name changed again to The Court of Appeals for the Third Court of Appeals District (Senate Bill 1228, 69th Texas Legislature, Regular Session).

The Court is composed of a Chief Justice and five justices and is held in the city of Austin. It has intermediate appellate jurisdiction of both civil and criminal cases appealed from lower courts in the twenty-four above mentioned counties of Texas; in civil cases where judgment rendered exceeds $100, exclusive of costs, and other civil proceedings as provided by law; and in criminal cases except in post-conviction writs of habeas corpus and where the death penalty has been imposed.

(Sources include Article V, Sections 1, 6, and 7 of the Texas Constitution; the enabling legislation (1892, 1893, 1911, 1923, 1927, and 1941); the Handbook of Texas Online article on the Judiciary by Paul Womack; and the websites of the 3rd Court of Appeals, the 4th Court of Appeals, the 10th Court of Appeals, and the 11th Court of Appeals (all accessed August 25, 2005).)

From the guide to the 3rd Court of Appeals records, 1891-1998, (Texas State Archives)