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.