By:  Hirschi                                          H.J.R. No. 85
       73R2099 JSA-D
                                  A JOINT RESOLUTION
    1-1  proposing a constitutional amendment providing for redistricting by
    1-2  the Texas Ethics Commission and relating to the election of members
    1-3  of the legislature and to restrictions on members of the Texas
    1-4  Ethics Commission.
    1-5        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Article III, Section 2, of the Texas Constitution
    1-7  is amended to read as follows:
    1-8        Sec. 2.  The Senate shall consist of thirty-one members<, and
    1-9  shall never be increased above this number>.  The House of
   1-10  Representatives shall consist of one hundred and fifty-five
   1-11  <ninety-three> members <until the first apportionment after the
   1-12  adoption of this Constitution, when or at any apportionment
   1-13  thereafter, the number of Representatives may be increased by the
   1-14  Legislature, upon the ratio of not more than one Representative for
   1-15  every fifteen thousand inhabitants; provided, the number of
   1-16  Representatives shall never exceed one hundred and fifty>.
   1-17        SECTION 2.  Article III, Section 24a, of the Texas
   1-18  Constitution is amended by adding Subsection (g) to read as
   1-19  follows:
   1-20        (g)  The legislature by general law may restrict the persons
   1-21  eligible to serve as members of the commission.
   1-22        SECTION 3.  Article III, Sections 25, 26, and 28, of the
   1-23  Texas Constitution are amended to read as follows:
   1-24        Sec. 25.  (a)  The State shall be divided into Senatorial
    2-1  Districts of contiguous territory <according to the number of
    2-2  qualified electors, as nearly as may be>, and each district shall
    2-3  be entitled to elect one Senator<; and no single county shall be
    2-4  entitled to more than one Senator>.
    2-5        (b)  Each Senatorial District must contain an equal number of
    2-6  whole Representative Districts.
    2-7        Sec. 26.  The State shall be divided into Representative
    2-8  Districts of contiguous territory, and each district shall be
    2-9  entitled to elect one Representative <members of the House of
   2-10  Representatives shall be apportioned among the several counties,
   2-11  according to the number of population in each, as nearly as may be,
   2-12  on a ratio obtained by dividing the population of the State, as
   2-13  ascertained by the most recent United States census, by the number
   2-14  of members of which the House is composed; provided, that whenever
   2-15  a single county has sufficient population to be entitled to a
   2-16  Representative, such county shall be formed into a separate
   2-17  Representative District, and when two or more counties are required
   2-18  to make up the ratio of representation, such counties shall be
   2-19  contiguous to each other; and when any one county has more than
   2-20  sufficient population to be entitled to one or more
   2-21  Representatives, such Representative or Representatives shall be
   2-22  apportioned to such county, and for any surplus of population it
   2-23  may be joined in a Representative District with any other
   2-24  contiguous county or counties>.
   2-25        Sec. 28.  (a)  The Texas Ethics Commission <Legislature>
   2-26  shall, <at its first regular session> after the publication of each
   2-27  United States decennial census, apportion the state into senatorial
    3-1  and representative districts, districts for members of the United
    3-2  States House of Representatives, and districts for any other board,
    3-3  commission, court, or other body elected statewide from districts
    3-4  <agreeable to the provisions of Sections 25, 26, and 26-a of this
    3-5  Article>.  The commission may change those districts at other times
    3-6  as provided by general law.
    3-7        (b)  The legislature has no authority to reapportion or
    3-8  otherwise change the districts of any body for which the Texas
    3-9  Ethics Commission has redistricting authority.  The legislature by
   3-10  general law may establish standards, procedures, and other
   3-11  requirements governing redistricting by the commission.  The
   3-12  legislature by general law may prohibit a member or former member
   3-13  of the commission from becoming a candidate under a redistricting
   3-14  plan considered or adopted by the commission during the person's
   3-15  service on the commission.
   3-16        (c)  The legislature by general law may provide for automatic
   3-17  judicial review of a redistricting plan or change adopted by the
   3-18  commission and may provide for original jurisdiction of that review
   3-19  in the Supreme Court of Texas.  The legislature may provide that
   3-20  automatic judicial review of a redistricting plan precludes other
   3-21  judicial review of the plan.  The legislature may prescribe the
   3-22  procedures for judicial review under this subsection.  <In the
   3-23  event the Legislature shall at any such first regular session
   3-24  following the publication of a United States decennial census, fail
   3-25  to make such apportionment, same shall be done by the Legislative
   3-26  Redistricting Board of Texas, which is hereby created, and shall be
   3-27  composed of five (5) members, as follows:  The Lieutenant Governor,
    4-1  the Speaker of the House of Representatives, the Attorney General,
    4-2  the Comptroller of Public Accounts and the Commissioner of the
    4-3  General Land Office, a majority of whom shall constitute a quorum.
    4-4  Said Board shall assemble in the City of Austin within ninety (90)
    4-5  days after the final adjournment of such regular session.  The
    4-6  Board shall, within sixty (60) days after assembling, apportion the
    4-7  state into senatorial and representative districts, or into
    4-8  senatorial or representative districts, as the failure of action of
    4-9  such Legislature may make necessary.  Such apportionment shall be
   4-10  in writing and signed by three (3) or more of the members of the
   4-11  Board duly acknowledged as the act and deed of such Board, and,
   4-12  when so executed and filed with the Secretary of State, shall have
   4-13  force and effect of law.  Such apportionment shall become effective
   4-14  at the next succeeding statewide general election.  The Supreme
   4-15  Court of Texas shall have jurisdiction to compel such Commission to
   4-16  perform its duties in accordance with the provisions of this
   4-17  section by writ of mandamus or other extraordinary writs
   4-18  conformable to the usages of law.  The Legislature shall provide
   4-19  necessary funds for clerical and technical aid and for other
   4-20  expenses incidental to the work of the Board, and the Lieutenant
   4-21  Governor and the Speaker of the House of Representatives shall be
   4-22  entitled to receive per diem and travel expense during the Board's
   4-23  session in the same manner and amount as they would receive while
   4-24  attending a special session of the Legislature.  This amendment
   4-25  shall become effective January 1, 1951.>
   4-26        SECTION 4.  Article III, Section 26a, of the Texas
   4-27  Constitution is repealed.
    5-1        SECTION 5.  This proposed constitutional amendment shall be
    5-2  submitted to the voters at an election to be held November 2, 1993.
    5-3  The ballot shall be printed to provide for voting for or against
    5-4  the following proposition:  "The constitutional amendment to
    5-5  provide for redistricting by the Texas Ethics Commission, providing
    5-6  for automatic judicial review of redistricting plans, increasing
    5-7  the number of Texas House of Representative districts to 155,
    5-8  requiring each district of the Texas House of Representatives to be
    5-9  included wholly within a Texas Senate district, and authorizing
   5-10  certain restrictions on members of the Texas Ethics Commission."