BILL ANALYSIS

 

 

Senate Research Center

S.B. 7

87S30238 JRJ-D

By: Huffman

 

Redistricting, Special

 

9/20/2021

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Based upon data from the United States decennial census, the Texas Legislature redistricts state senate and house of representatives districts, as well as districts for the United States Congress and the Texas State Board of Education (SBOE).

 

S.B. 7 amends current law relating to the composition of the districts for the election of members of the Texas SBOE based on recently released data from the 2020 United States Census.

 

As proposed, S.B. 7 amends current law relating to the composition of districts for the election of members of the State Board of Education.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

ARTICLE I

 

SECTION 1. (a) Provides that the members of the State Board of Education (SBOE) are elected from the districts described by Article II of this Act.

 

(b) Provides that one member is elected from each district established by this Act.

 

(c) Provides that for purposes of Section 7.104 (Terms), Education Code, this Act constitutes a decennial reapportionment.

 

ARTICLE II

 

SECTION 1. Sets forth the composition of District 1.

 

SECTION 2. Sets forth the composition of District 2.

 

SECTION 3. Sets forth the composition of District 3.

 

SECTION 4. Sets forth the composition of District 4.

 

SECTION 5. Sets forth the composition of District 5.

 

SECTION 6. Sets forth the composition of District 6.

 

SECTION 7. Sets forth the composition of District 7.

 

SECTION 8. Sets forth the composition of District 8.

 

SECTION 9. Sets forth the composition of District 9.

 

SECTION 10. Sets forth the composition of District 10.

 

SECTION 11. Sets forth the composition of District 11.

 

SECTION 12. Sets forth the composition of District 12.

 

SECTION 13. Sets forth the composition of District 13.

 

SECTION 14. Sets forth the composition of District 14.

 

SECTION 15. Sets forth the composition of District 15.

 

ARTICLE III

 

SECTION 1. Defines "tract," "block group," and "block" for purposes of this Act.

 

SECTION 2. Provides that it is the intent of the Texas Legislature that if any county, tract, block group, block, or other geographic area has erroneously been left out of this Act, a court reviewing this Act should include that area in the appropriate district in accordance with the intent of the Texas Legislature, using any available evidence of that intent, including evidence such as that used by the Supreme Court of Texas in Smith v. Patterson, 111 Tex. 535, 242 S.W. 749 (1922).

 

SECTION 3. (a) Provides that this Act supersedes all previous enactments or orders adopting districts for SBOE. Provides that all previous acts of the Texas Legislature adopting districts for SBOE are repealed.

 

(b) Repealer: Chapter 72 (H.B. 600), Acts of the 82nd Legislature, Regular Session, 2011 (relating to the composition of the districts for the election of members of SBOE).

 

SECTION 4. Provides that the districts set out in Article II of this Act apply to the election of the members of SBOE beginning with the primary and general elections in 2022 for members of SBOE in 2023. Provides that this Act does not affect the membership or districts of SBOE before January 1, 2023.

 

SECTION 5. Effective date: upon passage or the 91st day after the last day of the legislative session.