Research Guides: Researching Texas Law: Constitution & Statutes: Texas Statutes (2024)

Texas' statutes have a long, complicated publication history. This might not seem like something the modern researcher should worry about, but when you come across a situation where you need to know a law's history, it's crucial to understand where you can find that information. This timeline will take users through a brief history of the various versions of the statutes. It also includes links to each item online, if available.

Pre-1879: Private Publishers

During the early days of Texas, no official version of the statutes was available, so private companies stepped up with digests and unofficial compilations.

Paschal's Digest, 1866-1878
Paschal's was the first really useful Texas digest. It was heavily used by lawyers and judges and is cited frequently in early cases, usually as "P.D". The Digest was a major influence on the development of the first official published statutes in 1879.

Gammell's Laws of Texas, 1822-1897
In addition to statutes, Gammell's includes legal analyses, governing documents, journals, and colonization and statehood materials.

Sayles' Early Laws of Texas, 1731-1879
A great historical resource. It includes Spanish, Mexican and early civil law, as well as much of the same material that's found in Gammell's. It's especially useful for land title and boundary research.

Sayles' Revised Civil Statutes, 1888-1922
Even though Texas began publishing its statutes in 1879, the official compilations were not updated often enough to keep up with all the new laws that were passed. Published in 1888, 1889, 1897, 1898 & 1914, with supplements through 1922, these Sayles volumes fill in the gaps between 1879-1911 and 1911-1925.

1854-1879: First Publication

In 1854, the Texas Legislature officially approved a project to codify the state's laws in print. The project drew heavily from Paschal's Digest.

In 1856, the Penal Code & the Code of Criminal Procedure were officially codified. These are often cited as the Old Code, or "O.C.".

In 1879, the Civil Statutes were officially codified. There were no topical codes, just an alphabetical listing of statutes with little internal organization. There were no case notes or annotations other than some basic history for some, but not all, laws.

1895, 1911 & 1925: Recompilations

New versions of the statutes were published in 1895 and 1911, recompiling the existing statutes and incorporating the laws passed since the previous recompilation. The organization and annotations remained the same.

The 1925 recompilation was the final version published by the state. That same year, Vernon's Revised Texas Statutes began publication, and the Legislature soon gave them approval to publish their statutes as the official version. From then on, the statutes were published by private publishers with the permission of the state.

1925-1960s

Vernon's Revised Texas Statutes continued its publication throughout this period. Full recompilations were printed in 1936 and 1948, supplemented every two years with non-cumulative volumes. However, the constant expansion of the statutes and the 1925 revision's numbering scheme made it hard to add sections, resulting in an increasingly cumbersome and obtuse publication. While the statutes were arranged alphabetically by subject - a definite improvement over the official codes' largely random arrangement - they were still hard to use due to the organizational structure and the need to check multiple volumes for updating. By the end of the 1960s, there was general agreement in the legal community that a change was needed.

1963: Code Revision

In 1963, the Legislature created the Office of the Code Revisor, a legislative agency charged with reviewing all of the existing statutes, dividing them into topical codes, and publishing these revisions as bills. The bills were then approved by the Legislature and published as Vernon's Texas Codes Annotated. The Code Revisor was also given a mandate to clean up the statutes' numbering and organizational system, including leaving adequate room for expansion, as well as revise the statutory language to remove and update outdated terminology. Therevision was to be nonsubstantive, meaning that any changes could not affect the meaning or application of the statute. This was a massive project - over 50 years later, it is still going on, although it is largely complete and is now focusing on minor revisions.

1960s-present

The revised codes are published as Vernon's Texas Codes Annotated (also known as the "black statutes" because of the color of their binding). The not-yet-codified statutes are still published as Vernon's Texas Civil Statutes, but only a few volumes are left, which are being phased out as the recodificationproject is completed.

Online versions of the codes up through 1984 can be viewed online here.

Research Guides: Researching Texas Law: Constitution & Statutes: Texas Statutes (2024)

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