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."