According to Article 5, Section 9 of the Texas Constitution, "There shall be a Clerk for the District Court of each county, who shall be elected by the qualified voters and who shall hold his office for four years, subject to removal by information, or by indictment of a grand jury, and conviction of a petit jury. In case of vacancy, the Judge of the District Court shall have the power to appoint a Clerk, who shall hold until the office can be filled by election." (Amended November 2, 1954 and November 2, 1999)
Originally, the term clerk was used to designate a learned person, usually applied to churchmen who were called clerks and later, clergymen. In early times, the law and the gospel flowed from the same source, because judges were taken from the ranks of clergy. Clerks and judges became sharply differentiated, because the hardship of writing records and issuing writs became apparent. Thus, the office of the clerk of the court was created.