1-1 By: Carriker, Ellis S.C.R. No. 28 1-2 (In the Senate - Filed February 16, 1993; February 17, 1993, 1-3 read first time and referred to Committee of the Whole; 1-4 March 23, 1993, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 17, Nays 15; 1-6 March 23, 1993, sent to printer.) 1-7 COMMITTEE VOTE 1-8 Yea Nay PNV Absent 1-9 Carriker x 1-10 Harris of Dallas x 1-11 Armbrister x 1-12 Barrientos x 1-13 Bivins x 1-14 Brown x 1-15 Ellis x 1-16 Haley x 1-17 Harris of Tarrant x 1-18 Henderson x 1-19 Leedom x 1-20 Lucio x 1-21 Luna x 1-22 Madla x 1-23 Moncrief x 1-24 Montford x 1-25 Nelson x 1-26 Parker x 1-27 Patterson x 1-28 Ratliff x 1-29 Rosson x 1-30 Shapiro x 1-31 Shelley x 1-32 Sibley x 1-33 Sims x 1-34 Truan x 1-35 Turner x 1-36 Wentworth x 1-37 West x 1-38 Whitmire x 1-39 Zaffirini x 1-40 Bullock x 1-41 COMMITTEE SUBSTITUTE FOR S.C.R. No. 28 By: Carriker 1-42 SENATE CONCURRENT RESOLUTION 1-43 WHEREAS, The United States District Court for the Western 1-44 District of Texas and the United States Court of Appeals for the 1-45 5th Circuit, in the case of LULAC, Council No. 4434, v. Clements, 1-46 have held that the state's current method of electing district 1-47 court judges, as applied in several counties, violates Section 2 of 1-48 the federal Voting Rights Act; and 1-49 WHEREAS, The policy of the State of Texas expressed in its 1-50 constitution and laws is that election of district court judges be 1-51 by partisan, popular election; and 1-52 WHEREAS, It is necessary that the policies of the state be 1-53 consistent with requirements of federal law, and it also is 1-54 desirable that the legislature express its preference for 1-55 resolution of the pending litigation; now, therefore, be it 1-56 RESOLVED, That the 73rd Legislature of the State of Texas 1-57 hereby encourage the attorney general of Texas to settle the case 1-58 of LULAC, Council No. 4434, v. Clements in accordance with the 1-59 policy expressed herein and in as timely a manner as possible; and, 1-60 be it further 1-61 RESOLVED, That an official copy of this resolution be 1-62 forwarded to the attorney general of Texas as an official 1-63 expression of the sentiment of the Legislature of the State of 1-64 Texas. 1-65 * * * * * 1-66 Austin, 1-67 Texas 1-68 March 23, 1993 2-1 Hon. Bob Bullock 2-2 President of the Senate 2-3 Sir: 2-4 We, your Committee of the Whole to which was referred S.C.R. No. 2-5 28, have had the same under consideration, and I am instructed to 2-6 report it back to the Senate with the recommendation that it do not 2-7 pass, but that the Committee Substitute adopted in lieu thereof do 2-8 pass and be printed. 2-9 Carriker, 2-10 Chairman 2-11 * * * * * 2-12 WITNESSES 2-13 No witnesses appeared on S.C.R. No. 28.