A constitutional amendment adopted September 22, 1891, followed by legislation approved April 13, 1892, created the Texas Court of Criminal Appeals, thereby abolishing the Court of Appeals (which had been created by the Constitution of 1876). Or, to put it another way, all civil jurisdiction was removed from the Court of Appeals, whose name was changed to the Court of Criminal Appeals. The Court of Criminal Appeals is the highest criminal court in the state, holding the same position in the area of state criminal law that the Supreme Court holds in civil law. The Court of Criminal Appeals has appellate jurisdiction in all criminal cases of whatever grade (i.e., for both felonies and misdemeanors). However, only appeals from state district or county courts are heard by the Court of Criminal Appeals, not appeals from justice courts, mayors' courts, or other inferior courts, or from county court cases imposing a judgment or fine of less than $100: in these cases, the judgment of the county court is final. The Court of Criminal Appeals also has original jurisdiction to investigate the detention of persons. It has the power to issue the writ of habeas corpus, and other necessary writs under such regulations as may be prescribed by law.

At first the court consisted of three judges elected by the voters, for terms of six years. (In 1966 the number was increased to five, and in 1981 to eight.) The three existing judges on the Court of Appeals in 1892 were to serve out their elected terms as judges of the Court of Criminal Appeals. The judges selected one of their number to be presiding judge. Like the Supreme Court at that time, the Court of Criminal Appeals held three terms annually, of three months each, at Tyler (October through December), Dallas (January through March), and Austin (April through June). The court appointed a separate clerk, and maintained separate records, for each geographical term.

Beginning in October 1909, the Court of Criminal Appeals met only in Austin, between October and June (House Bill 58, 31st Legislature, Regular Session). At that time the numbering of cases began all over, with Number 1.

Opinions were published beginning with Volume 31 of the Texas Criminal Reports: Cases Argued and Adjudged in the Court of Criminal Appeals of the State of Texas (beginning with the Austin Term, 1892). The Archives and Information Services Division of the State Library has volumes 31 through 151 (1892-1946) and also volume 157 (1952).

In 1925, the 39th Legislature (in Senate Bill 370, Regular Session) created a two-member Commission in aid of the Court of Criminal Appeals. Appointed by the court, these commissioners discharged duties assigned by the court and submitted opinions to the court for approval. The practical result was the operation of a five-member judicial body. The Commission was abolished in 1966 when the legislature expanded the number of judges on the Court of Criminal Appeals to five. At that point, the Commissioners serving became Judges, pending the next regular election.

In September 1981, by constitutional amendment, the courts of civil appeals received criminal jurisdiction for the first time, to relieve the backlog in the Court of Criminal Appeals. At that time they were renamed courts of appeals, totalling fourteen in number. The appellate jurisdiction of the Court of Criminal Appeals remained exclusive, however, for cases involving the death penalty.