The Supreme Court was created in 1836 by the Constitution of the Republic of Texas, Article IV, adopted March 17, 1836. Congress established the court by an act approved December 15, 1836. This court consisted of the Chief Justice, elected jointly by both houses of congress; and the elected judges of the district courts. The Supreme Court had jurisdiction over civil and criminal cases to hear and determine all manner of pleas, complaints, motions, causes, and controversies brought before it by any lower courts, but no appeal could be determined until the lower court had made a final judgement or decree except in particular cases as provided by law. A clerk was appointed by the court. He recorded all the actions of the court and was also charged with preserving the records and transcripts of the court. Following the move to statehood, the First Legislature of the State of Texas organized a Supreme Court, Act of May 12, 1846, to consist of a chief justice and two associate justices, appointed by the Governor with the consent of the Senate, to six-year terms.

The terms of the court changed frequently during the 19th century. Initially, the court met annually at the seat of government on the 1st Monday in December. Legislation passed in 1842 established another annual term to be held at Nacogdoches (January 22, 1842), but changed that by an act passed on February 3, 1842 which directed the court to hold its annual term at Washington, commencing on the 2nd Monday in June. Further legislation in 1845 (February 3, 1845) directed the court to hold annual terms wherever Congress convened, commencing on the 3rd Monday in December. The Act of May 12, 1846 directed the court to meet annually in Austin on the 2nd Monday in December. Legislation passed in 1850 (3rd Legislature, Chapter XII, November 30, 1850) amended this act and directed the court to hold three terms a year, in Austin, Tyler, and Galveston, each term lasting about three months. The court continued to meet in this manner until 1892. Following legislation which reorganized the courts system in 1892, the Supreme Court once again met annually in Austin, which it continues to do today.

The Supreme Court initially heard appeals from civil and criminal cases. The Court of Appeals was created by the Texas Constitution of 1876, Article V, Section 4, which removed all criminal jurisdiction from the Supreme Court, and transferred civil jurisdiction to the Court of Appeals in some situations. In 1879, to help relieve the backlog of pending civil cases in both of these courts a commission of arbitration and award, known as the Commission of Appeals, was created by the 16th Legislature (Chapter 34, Special Session). Civil cases were referred to this commission with the written consent of the parties or their attorneys, and the commission's opinions, unless overturned by the superior appellate court, became the opinion of record of that court. The Commission of Appeals was composed of three judges appointed by the Governor with the consent of the Senate. This Commission was discontinued in 1885, but created again in 1887 (Senate Bill 281, 20th Legislature, Regular Session) to hear civil cases pending before the Supreme Court. It was discontinued in 1892 upon the reorganization of the courts system. A large backlog of cases in the Supreme Court led to the creation of another Commission of Appeals in 1918, which continued until 1945. This commission was divided into two sections, each with three judges appointed as previously. It was abolished in 1945 (Senate Joint Resolution 81, 49th Legislature, Regular Session) and its six judges became associate justices on the Supreme Court, increasing the number of justices to nine, its current number.

A major reorganization of the courts system was undertaken in 1891-1892. A constitutional amendment was passed in 1891, followed by legislation approved April 1892 (22nd Legislature, 1st Called Session). This removed all civil jurisdiction from the Court of Appeals, changing that body to the Court of Criminal Appeals and created the Courts of Civil Appeals (initially three, eventually fourteen courts). The justices of all of these courts, following the expiration of their current terms, were now to be elected by the voters. The mandate of the Supreme Court changed, limiting the appeals which could be sent before it. It now had appellate jurisdiction to questions of law arising in all civil cases for which the Courts of Civil Appeals had appellate but not final jurisdiction. A constitutional amendment in 1940 once again authorized direct appeals from trials to the Supreme Court in a limited class of cases.

The Supreme Court today consists of a chief justice and eight associate justices, elected to six-year overlapping terms. As the highest civil court in the state it has final appellate jurisdiction in most civil and juvenile cases. It also has the authority to conduct proceedings for the removal or involuntary retirement of state judges. The court has many administrative duties as well, including the promulgation of several rules, such as the civil and appellate procedures for the Texas judicial system, and the procedural rules for the Commission on Judicial Conduct; equalizing the dockets among the Courts of Civil Appeals; supervising State Bar operations; and promulgating the rules and regulations for the discipline, supervision, and disbarment of lawyers. The court also has supervisory and administrative control over the judicial branch.