Texas Third District Court of Appeals

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The Texas Third Court of Appeals is one of 15 intermediate appellate courts in Texas. The court consists of six justices hearing cases from 24 counties—one chief justice and five justices.

The Third Court of Appeals has intermediate appellate jurisdiction of both civil and criminal cases appealed from lower courts in the 24 counties. In civil cases, it has jurisdiction where judgment rendered exceeds $100, exclusive of costs, and other civil proceedings as provided by law. It has jurisdiction in criminal cases except in post-conviction writs of habeas corpus and in cases where the death penalty has been imposed.[1]

Published opinions of the Third District Court of Appeals can be found here.
 
Texas Third District Court of Appeals
Intermediate Appellate Courts Seal-template.png
Court information
Judges:   6
Salary:  Associates: $192,500[2]
Judicial selection
Method:   Partisan election of judges
Term:   6 years

Jurisdiction

The Third Court of Appeals is located in Austin and serves a large area in central Texas.

The court hears cases from 24 counties:[3]

Texas Eighth District Court of AppealsTexas Seventh District Court of AppealsTexas Eleventh District Court of AppealsTexas Second District Court of AppealsTexas Fifth District Court of AppealsTexas Sixth District Court of AppealsTexas Twelfth District Court of AppealsTexas Ninth District Court of AppealsTexas Tenth District Court of AppealsTexas Third District Court of AppealsTexas Fourteenth District Court of AppealsTexas First District Court of AppealsTexas Thirteenth District Court of AppealsTexas Fourth District Court of AppealsTexas appeals court.png



Current justices

Judge Tenure Appointed By

Gisela Triana

January 1, 2019 - Present

Karin Crump

January 1, 2025 - Present

Rosa Lopez Theofanis

January 1, 2023 - Present

Chari Kelly

January 1, 2019 - Present

Darlene Byrne

January 1, 2021 - Present

Maggie Ellis

January 1, 2025 - Present

Salary

See also: Texas court salaries and budgets

In 2025, associate judges serving on the Texas District Courts of Appeals in districts 1 through 14 received a base salary of $192,500, according to the Office of Court Administration. Judges on the Fifteenth District Court of Appeals earned a base salary of $205,000.[4]

Judicial selection

See also: Partisan election of judges and Judicial selection in Texas

The justices of the Texas Court of Appeals are selected in district level partisan elections. The elected justices serve six-year terms, after which they must run for re-election if they wish to remain on the court.[5]

Qualifications

To serve on the Texas Court of Appeals, a justice must be:

  • a U.S. citizen;
  • a resident of Texas;
  • licensed to practice law in the state;
  • between the ages of 35 and 75;*[6][7] and
  • a practicing lawyer and/or judge for at least 10 years.[5]

Chief justice

The chief justice of each district court is selected by voters at large. He or she serves in that capacity for a full six-year term.[5]

Vacancies

In the event of a midterm vacancy, the governor appoints a replacement who must be confirmed by the Texas Senate. The appointee serves until the next general election, in which he or she may compete to serve for the remainder of the unexpired term.[5]

Elections

2026

See also: Texas intermediate appellate court elections, 2030

Texas Third District Court of Appeals Place 2


There are no official candidates yet for this election.


Texas Third District Court of Appeals Place 3


There are no official candidates yet for this election.


Texas Third District Court of Appeals Place 5


There are no official candidates yet for this election.


Texas Third District Court of Appeals Place 6


There are no official candidates yet for this election.


Texas Third District Court of Appeals Place 4

See also: Texas intermediate appellate court elections, 2028


There are no official candidates yet for this election.


Texas Third District Court of Appeals Chief Justice

See also: Texas intermediate appellate court elections, 2026

General election

The general election will occur on November 3, 2026.

The candidate list in this election may not be complete.

General election for Texas Third District Court of Appeals Chief Justice

Incumbent Darlene Byrne (D) and Cory Liu (R) are running in the general election for Texas Third District Court of Appeals Chief Justice on November 3, 2026.


Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Democratic primary

The candidate list in this election may not be complete.

Democratic primary for Texas Third District Court of Appeals Chief Justice

Incumbent Darlene Byrne (D) advanced from the Democratic primary for Texas Third District Court of Appeals Chief Justice on March 3, 2026.

Candidate
Image of Darlene Byrne
Darlene Byrne

Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Republican primary

The candidate list in this election may not be complete.

Republican primary for Texas Third District Court of Appeals Chief Justice

Cory Liu (R) advanced from the Republican primary for Texas Third District Court of Appeals Chief Justice on March 3, 2026.

Candidate
Cory Liu

Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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See also: Texas intermediate appellate court elections, 2024

Texas Third District Court of Appeals Place 2

General election

General election for Texas Third District Court of Appeals Place 2

Maggie Ellis (D) defeated John Messinger (R) in the general election for Texas Third District Court of Appeals Place 2 on November 5, 2024.

Candidate
%
Votes
Image of Maggie Ellis
Maggie Ellis (D)  Candidate Connection
 
50.9
 
700,587
Image of John Messinger
John Messinger (R)  Candidate Connection
 
49.1
 
675,885

Total votes: 1,376,472
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Democratic primary runoff

Democratic primary runoff for Texas Third District Court of Appeals Place 2

Maggie Ellis (D) defeated incumbent Edward Smith (D) in the Democratic primary runoff for Texas Third District Court of Appeals Place 2 on May 28, 2024.

Candidate
%
Votes
Image of Maggie Ellis
Maggie Ellis  Candidate Connection
 
65.0
 
17,385
Image of Edward Smith
Edward Smith
 
35.0
 
9,362

Total votes: 26,747
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Democratic primary

Democratic primary for Texas Third District Court of Appeals Place 2

Maggie Ellis (D) and incumbent Edward Smith (D) advanced to a runoff. They defeated Melissa Lorber (D) in the Democratic primary for Texas Third District Court of Appeals Place 2 on March 5, 2024.

Candidate
%
Votes
Image of Maggie Ellis
Maggie Ellis  Candidate Connection
 
40.5
 
56,909
Image of Edward Smith
Edward Smith
 
31.5
 
44,192
Image of Melissa Lorber
Melissa Lorber  Candidate Connection
 
28.0
 
39,337

Total votes: 140,438
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Republican primary

Republican primary for Texas Third District Court of Appeals Place 2

John Messinger (R) advanced from the Republican primary for Texas Third District Court of Appeals Place 2 on March 5, 2024.

Candidate
%
Votes
Image of John Messinger
John Messinger  Candidate Connection
 
100.0
 
185,153

Total votes: 185,153
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Texas Third District Court of Appeals Place 3

General election

General election for Texas Third District Court of Appeals Place 3

Incumbent Chari Kelly (D) won election in the general election for Texas Third District Court of Appeals Place 3 on November 5, 2024.

Candidate
%
Votes
Image of Chari Kelly
Chari Kelly (D)
 
100.0
 
861,015

Total votes: 861,015
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Democratic primary

Democratic primary for Texas Third District Court of Appeals Place 3

Incumbent Chari Kelly (D) advanced from the Democratic primary for Texas Third District Court of Appeals Place 3 on March 5, 2024.

Candidate
%
Votes
Image of Chari Kelly
Chari Kelly
 
100.0
 
125,562

Total votes: 125,562
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Republican primary

The Republican primary scheduled for March 5, 2024, was canceled.

Texas Third District Court of Appeals Place 5

General election

General election for Texas Third District Court of Appeals Place 5

Karin Crump (D) won election in the general election for Texas Third District Court of Appeals Place 5 on November 5, 2024.

Candidate
%
Votes
Image of Karin Crump
Karin Crump (D)
 
100.0
 
849,117

Total votes: 849,117
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Democratic primary

Democratic primary for Texas Third District Court of Appeals Place 5

Karin Crump (D) defeated incumbent Thomas Baker (D) in the Democratic primary for Texas Third District Court of Appeals Place 5 on March 5, 2024.

Candidate
%
Votes
Image of Karin Crump
Karin Crump
 
56.2
 
78,705
Image of Thomas Baker
Thomas Baker  Candidate Connection
 
43.8
 
61,374

Total votes: 140,079
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Republican primary

The Republican primary scheduled for March 5, 2024, was canceled.

Texas Third District Court of Appeals Place 6

General election

General election for Texas Third District Court of Appeals Place 6

Incumbent Gisela Triana (D) won election in the general election for Texas Third District Court of Appeals Place 6 on November 5, 2024.

Candidate
%
Votes
Image of Gisela Triana
Gisela Triana (D)
 
100.0
 
846,634

Total votes: 846,634
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Democratic primary

Democratic primary for Texas Third District Court of Appeals Place 6

Incumbent Gisela Triana (D) advanced from the Democratic primary for Texas Third District Court of Appeals Place 6 on March 5, 2024.

Candidate
%
Votes
Image of Gisela Triana
Gisela Triana
 
100.0
 
128,369

Total votes: 128,369
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Republican primary

The Republican primary scheduled for March 5, 2024, was canceled.

Texas Third District Court of Appeals Place 4

See also: Texas intermediate appellate court elections, 2022

General election

General election for Texas Third District Court of Appeals Place 4

Rosa Lopez Theofanis (D) defeated Lesli Fitzpatrick (R) in the general election for Texas Third District Court of Appeals Place 4 on November 8, 2022.

Candidate
%
Votes
Image of Rosa Lopez Theofanis
Rosa Lopez Theofanis (D)  Candidate Connection
 
52.6
 
558,955
Image of Lesli Fitzpatrick
Lesli Fitzpatrick (R)  Candidate Connection
 
47.4
 
503,131

Total votes: 1,062,086
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Democratic primary runoff

The Democratic primary runoff scheduled for May 24, 2022, was canceled. Rosa Lopez Theofanis (D) advanced from the Democratic primary runoff for Texas Third District Court of Appeals Place 4 without appearing on the ballot.

Withdrawn or disqualified candidates

Democratic primary

Democratic primary for Texas Third District Court of Appeals Place 4

Rosa Lopez Theofanis (D) and Beth Payán (D) advanced to a runoff. They defeated Paula Knippa (D) in the Democratic primary for Texas Third District Court of Appeals Place 4 on March 1, 2022.

Candidate
%
Votes
Image of Rosa Lopez Theofanis
Rosa Lopez Theofanis  Candidate Connection
 
49.0
 
75,171
Beth Payán
 
29.9
 
45,880
Paula Knippa
 
21.2
 
32,505

Total votes: 153,556
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Republican primary

Republican primary for Texas Third District Court of Appeals Place 4

Lesli Fitzpatrick (R) advanced from the Republican primary for Texas Third District Court of Appeals Place 4 on March 1, 2022.

Candidate
%
Votes
Image of Lesli Fitzpatrick
Lesli Fitzpatrick  Candidate Connection
 
100.0
 
168,126

Total votes: 168,126
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Texas Third District Court of Appeals Chief Justice

See also: Texas intermediate appellate court elections, 2020

General election

General election for Texas Third District Court of Appeals Chief Justice

Darlene Byrne (D) defeated incumbent Jeff L. Rose (R) in the general election for Texas Third District Court of Appeals Chief Justice on November 3, 2020.

Candidate
%
Votes
Image of Darlene Byrne
Darlene Byrne (D)  Candidate Connection
 
52.2
 
710,399
Image of Jeff L. Rose
Jeff L. Rose (R)
 
47.8
 
650,206

Total votes: 1,360,605
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Democratic primary

Democratic primary for Texas Third District Court of Appeals Chief Justice

Darlene Byrne (D) defeated Keith Hampton (D) in the Democratic primary for Texas Third District Court of Appeals Chief Justice on March 3, 2020.

Candidate
%
Votes
Image of Darlene Byrne
Darlene Byrne  Candidate Connection
 
72.9
 
215,184
Keith Hampton
 
27.1
 
80,090

Total votes: 295,274
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Republican primary

Republican primary for Texas Third District Court of Appeals Chief Justice

Incumbent Jeff L. Rose (R) advanced from the Republican primary for Texas Third District Court of Appeals Chief Justice on March 3, 2020.

Candidate
%
Votes
Image of Jeff L. Rose
Jeff L. Rose
 
100.0
 
183,719

Total votes: 183,719
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Texas Third District Court of Appeals Place 2

General election

General election for Texas Third District Court of Appeals Place 2

Edward Smith (D) defeated incumbent Cindy Olson Bourland (R) in the general election for Texas Third District Court of Appeals Place 2 on November 6, 2018.

Candidate
%
Votes
Image of Edward Smith
Edward Smith (D)
 
53.0
 
552,167
Image of Cindy Olson Bourland
Cindy Olson Bourland (R)  Candidate Connection
 
47.0
 
489,191

Total votes: 1,041,3580
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Democratic primary

Democratic primary for Texas Third District Court of Appeals Place 2

Edward Smith (D) advanced from the Democratic primary for Texas Third District Court of Appeals Place 2 on March 6, 2018.

Candidate
Image of Edward Smith
Edward Smith

Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Republican primary

Republican primary for Texas Third District Court of Appeals Place 2

Incumbent Cindy Olson Bourland (R) advanced from the Republican primary for Texas Third District Court of Appeals Place 2 on March 6, 2018.

Candidate
Image of Cindy Olson Bourland
Cindy Olson Bourland  Candidate Connection

Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Texas Third District Court of Appeals Place 3

General election

General election for Texas Third District Court of Appeals Place 3

Chari Kelly (D) defeated incumbent Scott Field (R) in the general election for Texas Third District Court of Appeals Place 3 on November 6, 2018.

Candidate
%
Votes
Image of Chari Kelly
Chari Kelly (D)  Candidate Connection
 
54.4
 
566,246
Image of Scott Field
Scott Field (R)
 
45.6
 
475,074

Total votes: 1,041,3200
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Democratic primary

Democratic primary for Texas Third District Court of Appeals Place 3

Chari Kelly (D) advanced from the Democratic primary for Texas Third District Court of Appeals Place 3 on March 6, 2018.

Candidate
Image of Chari Kelly
Chari Kelly  Candidate Connection

Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Republican primary

Republican primary for Texas Third District Court of Appeals Place 3

Incumbent Scott Field (R) advanced from the Republican primary for Texas Third District Court of Appeals Place 3 on March 6, 2018.

Candidate
Image of Scott Field
Scott Field

Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Texas Third District Court of Appeals Place 5

General election

General election for Texas Third District Court of Appeals Place 5

Thomas Baker (D) defeated incumbent David Puryear (R) in the general election for Texas Third District Court of Appeals Place 5 on November 6, 2018.

Candidate
%
Votes
Image of Thomas Baker
Thomas Baker (D)
 
53.9
 
560,790
Image of David Puryear
David Puryear (R)
 
46.1
 
479,517

Total votes: 1,040,3070
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Democratic primary

Democratic primary for Texas Third District Court of Appeals Place 5

Thomas Baker (D) advanced from the Democratic primary for Texas Third District Court of Appeals Place 5 on March 6, 2018.

Candidate
Image of Thomas Baker
Thomas Baker

Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Republican primary

Republican primary for Texas Third District Court of Appeals Place 5

Incumbent David Puryear (R) advanced from the Republican primary for Texas Third District Court of Appeals Place 5 on March 6, 2018.

Candidate
Image of David Puryear
David Puryear

Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Texas Third District Court of Appeals Place 6

General election

General election for Texas Third District Court of Appeals Place 6

Gisela Triana (D) defeated Michael Toth (R) in the general election for Texas Third District Court of Appeals Place 6 on November 6, 2018.

Candidate
%
Votes
Image of Gisela Triana
Gisela Triana (D)
 
54.4
 
566,064
Image of Michael Toth
Michael Toth (R)
 
45.4
 
472,806
  Other/Write-in votes
 
0.2%
 
1,694

Total votes: 1,040,5640
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Republican primary runoff

Republican primary runoff for Texas Third District Court of Appeals Place 6

Michael Toth (R) defeated Donna Davidson (R) in the Republican primary runoff for Texas Third District Court of Appeals Place 6 on May 22, 2018.

Candidate
%
Votes
Image of Michael Toth
Michael Toth
 
52.8
 
28,745
Image of Donna Davidson
Donna Davidson
 
47.2
 
25,662

Total votes: 54,407
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Democratic primary

Democratic primary for Texas Third District Court of Appeals Place 6

Gisela Triana (D) advanced from the Democratic primary for Texas Third District Court of Appeals Place 6 on March 6, 2018.

Candidate
%
Votes
Image of Gisela Triana
Gisela Triana
 
100.0
 
105,026

Total votes: 105,026
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Republican primary

Republican primary for Texas Third District Court of Appeals Place 6

Michael Toth (R) and Donna Davidson (R) advanced to a runoff. They defeated Jennifer Freel (R) and Kristofer Monson (R) in the Republican primary for Texas Third District Court of Appeals Place 6 on March 6, 2018.

Candidate
%
Votes
Image of Michael Toth
Michael Toth
 
39.0
 
53,382
Image of Donna Davidson
Donna Davidson
 
31.5
 
43,102
Jennifer Freel
 
20.0
 
27,407
Image of Kristofer Monson
Kristofer Monson
 
9.5
 
13,000

Total votes: 136,891
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
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Previous election results


Ethics

The Texas Code of Judicial Conduct sets forth ethical guidelines and principles for the conduct of judges and judicial candidates in Texas. It consists of eight overarching canons:

  • Canon 1: Upholding the Integrity and Independence of the Judiciary
  • Canon 2: Avoiding Impropriety and the Appearance of Impropriety in All of the Judge’s Activities
  • Canon 3: Performing the Duties of Judicial Office Impartially and Diligently
  • Canon 4: Conducting the Judge's Extra-Judicial Activities to Minimize the Risk of Conflict with Judicial Obligations
  • Canon 5: Refraining from Inappropriate Political Activity
  • Canon 6: Compliance with the Code of Judicial Conduct
  • Canon 7: Effective Date of Compliance
  • Canon 8: Construction and Terminology of the Code[8]

The full text of the Texas Code of Judicial Conduct can be found here.

Removal of judges

Court of Appeals judges in Texas may be removed in one of three ways:

  • Removal or retirement by a review tribunal upon a Texas Commission on Judicial Conduct recommendation to the Supreme Court. The Commission investigates and, if warranted, prosecutes allegations of judicial misconduct. After a Commission recommendation, the Supreme Court selects a review tribunal made up of Court of Appeals judges to verify the Commission's findings and enter a judgment. Decisions are subject to appeal to the Supreme Court.
  • By the governor on the address of two thirds of the Texas Senate and the Texas House of Representatives.
  • By a two-thirds vote of the Senate, upon impeachment by a majority vote of the House.


Noteworthy cases

History

Below are some key highlights in the court's history:
[3][10]

  • Texas appeals courts (originally known as courts of civil appeals) were established by amendment to the Texas Constitution in 1891.
  • The Texas Legislature authorized courts of civil appeals to issue writs of mandamus and all other writs necessary to enforce their jurisdiction in 1892.
  • In 1892 the legislature created the 1st, 2nd and 3rd District courts, located in Galveston, Fort Worth and Austin, respectively.
  • The appeals courts originally had jurisdiction in civil cases only. In 1981, the courts gained criminal jurisdiction.
  • A constitutional amendment passed in 1985 formally changed the courts' name from the Texas Courts of Civil Appeals to the Texas Courts of Appeals to reflect the broader jurisdiction.

State profile

Demographic data for Texas
 TexasU.S.
Total population:27,429,639316,515,021
Land area (sq mi):261,2323,531,905
Race and ethnicity**
White:74.9%73.6%
Black/African American:11.9%12.6%
Asian:4.2%5.1%
Native American:0.5%0.8%
Pacific Islander:0.1%0.2%
Two or more:2.5%3%
Hispanic/Latino:38.4%17.1%
Education
High school graduation rate:81.9%86.7%
College graduation rate:27.6%29.8%
Income
Median household income:$53,207$53,889
Persons below poverty level:19.9%11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Texas.
**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in Texas

Texas voted Republican in all seven presidential elections between 2000 and 2024.

Pivot Counties (2016)

Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, one is located in Texas, accounting for 0.5 percent of the total pivot counties.[11]

Pivot Counties (2020)

In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Texas had one Retained Pivot County, 0.55 percent of all Retained Pivot Counties.

More Texas coverage on Ballotpedia

See also

Texas Judicial Selection More Courts
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Courts in Texas
Texas Courts of Appeals
Texas Court of Criminal Appeals
Texas Supreme Court
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Gubernatorial appointments
Judicial selection in Texas
Federal courts
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External links

Footnotes