Tex. R. App. P. 17.1
As amended through April 30, 2024
A court of appeals is unable to take immediate action if it cannot - within the time when action must be taken - assemble a panel because members of the court are ill, absent, or unavailable. A justice who is disqualified or recused is unavailable. A court of appeals' inability to act immediately may be established by certificate of the clerk, a member of the court, or a party's counsel, or by affidavit of a party.
Tex. R. App. P. 17.1