By: Junell H.J.R. No. 53
73R144 JSA-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment relating to legislative and
1-2 other redistricting.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article III, Section 2, of the Texas Constitution
1-5 is amended to read as follows:
1-6 Sec. 2. The Senate shall consist of thirty-one members, and
1-7 the <shall never be increased above this number. The> House of
1-8 Representatives shall consist of <ninety-three members until the
1-9 first apportionment after the adoption of this Constitution, when
1-10 or at any apportionment thereafter, the number of Representatives
1-11 may be increased by the Legislature, upon the ratio of not more
1-12 than one Representative for every fifteen thousand inhabitants;
1-13 provided, the number of Representatives shall never exceed> one
1-14 hundred and fifty members.
1-15 SECTION 2. Article III, Section 25, of the Texas
1-16 Constitution is amended to read as follows:
1-17 Sec. 25. The State shall be divided into Senatorial
1-18 Districts of contiguous territory <according to the number of
1-19 qualified electors, as nearly as may be>, and each district shall
1-20 be entitled to elect one Senator<; and no single county shall be
1-21 entitled to more than one Senator>.
1-22 SECTION 3. Article III, Section 26a, of the Texas
1-23 Constitution is amended to read as follows:
1-24 Sec. 26a. (a) A suit challenging the validity of a
2-1 redistricting measure for the Texas Senate, Texas House of
2-2 Representatives, United States House of Representatives, or any
2-3 other body elected statewide from districts, or relating to the
2-4 process by which one of those redistricting measures is formulated
2-5 or adopted, must be brought in Travis County.
2-6 (b) A suit described by Subsection (a) of this section may
2-7 not be filed:
2-8 (1) for a redistricting measure enacted by the
2-9 legislature, before the bill is signed by the governor or, if the
2-10 governor does not sign the bill, before the end of the period in
2-11 which the governor may sign the bill; or
2-12 (2) for any other redistricting measure, before the
2-13 measure is finally adopted by the officer or body authorized to
2-14 adopt the measure <Provided however, that no county shall be
2-15 entitled to or have under any apportionment more than seven (7)
2-16 Representatives unless the population of such county shall exceed
2-17 seven hundred thousand (700,000) people as ascertained by the most
2-18 recent United States Census, in which event such county shall be
2-19 entitled to one additional Representative for each one hundred
2-20 thousand (100,000) population in excess of seven hundred thousand
2-21 (700,000) population as shown by the latest United States Census;
2-22 nor shall any district be created which would permit any county to
2-23 have more than seven (7) Representatives except under the
2-24 conditions set forth above>.
2-25 SECTION 4. Article III, Section 28, of the Texas
2-26 Constitution is amended to read as follows:
2-27 Sec. 28. (a) The Legislature shall, at its first regular
3-1 session that follows, in whole or part, <after> the publication of
3-2 each United States decennial census, redistrict <apportion> the
3-3 state into senatorial and representative districts, agreeable to
3-4 the provisions of Sections 25 and<,> 26<, and 26-a> of this
3-5 Article. In the event the Legislature shall at any such first
3-6 regular session following the publication of a United States
3-7 decennial census<,> fail to redistrict either house <make such
3-8 apportionment>, the redistricting of that house <same> shall be
3-9 done by the Legislative Redistricting Board of Texas, which is
3-10 hereby created, and shall be composed of five (5) members, as
3-11 follows: The Lieutenant Governor, the Speaker of the House of
3-12 Representatives, the Attorney General, the Comptroller of Public
3-13 Accounts and the Commissioner of the General Land Office, a
3-14 majority of whom shall constitute a quorum.
3-15 (b) The <Said> Board shall assemble in the City of Austin
3-16 within ninety (90) days after the final adjournment of that <such>
3-17 regular session. The Board shall, not later than the 59th day
3-18 after the date the Board assembles <within sixty (60) days after
3-19 assembling>, apportion the state into senatorial and representative
3-20 districts, or into senatorial or representative districts, as the
3-21 failure of the <action of such> Legislature may make necessary.
3-22 The Board must adjourn sine die on or before the 59th day after the
3-23 date the Board assembles.
3-24 (c) The Board's redistricting <Such apportionment> shall be
3-25 in writing and signed by three (3) or more of the members of the
3-26 Board duly acknowledged as the act and deed of such Board, and,
3-27 when so executed and filed with the Secretary of State, shall have
4-1 force and effect of law. The redistricting <Such apportionment>
4-2 shall become effective at the next succeeding state-wide general
4-3 election.
4-4 (d) The Supreme Court of Texas shall have jurisdiction to
4-5 compel the Board <such Commission> to perform its duties in
4-6 accordance with the provisions of this section by writ of mandamus
4-7 or other extraordinary writs conformable to the usages of law.
4-8 (e) The Legislature shall provide necessary funds for
4-9 clerical and technical aid and for other expenses incidental to the
4-10 work of the Board, and the Lieutenant Governor and the Speaker of
4-11 the House of Representatives shall be entitled to receive per diem
4-12 and travel expense during the Board's session in the same manner
4-13 and amount as they would receive while attending a special session
4-14 of the Legislature.
4-15 (f) Except as provided by Subsection (g) of this section,
4-16 the Legislature at any time may amend an existing redistricting
4-17 plan, including a plan adopted by the Legislative Redistricting
4-18 Board, or enact a new redistricting plan.
4-19 (g) The Legislature may not enact a redistricting plan for a
4-20 house of the Legislature after a regular session at which the
4-21 Legislature fails to redistrict that house as required by
4-22 Subsection (a) of this section until the Legislative Redistricting
4-23 Board's jurisdiction to redistrict that house expires. The Board's
4-24 jurisdiction expires at the end of the last day on which the Board
4-25 could assemble under Subsection (b) of this section to redistrict
4-26 that house, unless the Board is assembled on that date, in which
4-27 case the Board's jurisdiction expires when the Board adjourns sine
5-1 die.
5-2 (h) For purposes of this section, the Legislature fails to
5-3 redistrict a house of the Legislature at a regular session only if:
5-4 (1) a redistricting plan for that house is not passed
5-5 by the Legislature during that session and sent to the governor for
5-6 approval; or
5-7 (2) the governor vetoes each redistricting plan for
5-8 that house passed by the Legislature during that session, and the
5-9 Legislature does not override any of those vetoes <This amendment
5-10 shall become effective January 1, 1951>.
5-11 SECTION 5. This proposed constitutional amendment shall be
5-12 submitted to the voters at an election to be held November 2, 1993.
5-13 The ballot shall be printed to provide for voting for or against
5-14 the following proposition: "The constitutional amendment revising
5-15 the provisions governing legislative and other statewide
5-16 redistricting."