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A JOINT RESOLUTION
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proposing a constitutional amendment allowing the legislature to |
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establish a special district to be the seat of state government. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 58, Article III, Texas Constitution, is |
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amended to read as follows: |
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Sec. 58. (a) The Legislature shall hold its sessions at the |
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[City of Austin, which is hereby declared to be the] seat of |
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government. |
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(b) Except as provided by Subsection (c) of this section, |
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the seat of government is the City of Austin. |
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(c) If the Legislature creates a State District under |
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Section 58-a, Article III, of this constitution, the seat of |
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government is the State District. |
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SECTION 2. Article III, Texas Constitution, is amended by |
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adding Section 58-a to read as follows: |
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Sec. 58-a. (a) The legislature by local law may establish |
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from part of the City of Austin a special district, to be known as |
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the State District, to be the seat of state government. |
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(b) The district shall be governed by a governing officer or |
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governing body as provided by the legislature by local law. The |
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legislature may enact local laws to govern the operation of the |
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district or to amend or repeal a law, ordinance, order, policy, or |
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other measure adopted by the governing officer or governing body of |
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the district. |
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(c) In apportioning the senate and house of |
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representatives, the legislature shall consider the district to be |
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part of Travis County. |
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SECTION 3. Section 28, Article III, Texas Constitution, is |
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amended to read as follows: |
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Sec. 28. The Legislature shall, at its first regular |
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session after the publication of each United States decennial |
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census, apportion the state into senatorial and representative |
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districts, agreeable to the provisions of Sections 25 and 26 of this |
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Article. In the event the Legislature shall at any such first |
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regular session following the publication of a United States |
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decennial census, fail to make such apportionment, same shall be |
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done by the Legislative Redistricting Board of Texas, which is |
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hereby created, and shall be composed of five (5) members, as |
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follows: The Lieutenant Governor, the Speaker of the House of |
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Representatives, the Attorney General, the Comptroller of Public |
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Accounts and the Commissioner of the General Land Office, a |
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majority of whom shall constitute a quorum. Said Board shall |
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assemble at the seat of government [in the City of Austin] within |
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ninety (90) days after the final adjournment of such regular |
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session. The Board shall, within sixty (60) days after assembling, |
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apportion the state into senatorial and representative districts, |
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or into senatorial or representative districts, as the failure of |
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action of such Legislature may make necessary. Such apportionment |
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shall be in writing and signed by three (3) or more of the members of |
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the Board duly acknowledged as the act and deed of such Board, and, |
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when so executed and filed with the Secretary of State, shall have |
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force and effect of law. Such apportionment shall become effective |
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at the next succeeding statewide general election. The Supreme |
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Court of Texas shall have jurisdiction to compel such Board to |
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perform its duties in accordance with the provisions of this |
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section by writ of mandamus or other extraordinary writs |
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conformable to the usages of law. The Legislature shall provide |
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necessary funds for clerical and technical aid and for other |
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expenses incidental to the work of the Board, and the Lieutenant |
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Governor and the Speaker of the House of Representatives shall be |
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entitled to receive per diem and travel expense during the Board's |
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session in the same manner and amount as they would receive while |
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attending a special session of the Legislature. |
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SECTION 4. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held on November 2, |
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2021. The ballot shall be printed to provide for voting for or |
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against the proposition: "The constitutional amendment allowing |
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the legislature to establish from part of the City of Austin the |
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State District to be the seat of state government." |