By: Harris of Dallas S.R. No. 133
SENATE RESOLUTION
1-1 WHEREAS, Under the provisions of Article III, Section 3, of
1-2 the Constitution of the State of Texas, the Senators elected after
1-3 each new apportionment shall be divided into two classes, the seats
1-4 of the Senators of the first class to be vacated at the expiration
1-5 of the first two years, and the seats of those of the second class
1-6 to be vacated at the expiration of four years; now, therefore, be
1-7 it
1-8 RESOLVED by the Senate of the State of Texas, 73rd
1-9 Legislature, That the Senate shall draw lots as provided by this
1-10 resolution, notwithstanding that the use of districts for elections
1-11 as required by a federal court may not be an "apportionment" under
1-12 Article III, Section 3, of the Constitution of the State of Texas,
1-13 requiring the drawing of lots; and, be it further
1-14 RESOLVED, That this drawing of lots is effective if, before
1-15 the 1994 primary election for the Senate, a federal court order or
1-16 judgment requires that those elections be conducted using Senate
1-17 districts not materially different from the districts used for the
1-18 1992 Senate elections or the legislature passes a plan into law
1-19 which is not materially different from the Senate districts used
1-20 for the 1992 Senate elections; and, be it further
1-21 RESOLVED, That the drawing of lots as provided by this
1-22 resolution shall not be effective and that the Senate of the State
1-23 of Texas, 74th Legislature, shall draw lots as provided by that
2-1 Legislature, if the 1994 primary elections for the Senate are
2-2 conducted using: (1) Senate districts provided by S.B. No. 1,
2-3 Chapter 1, Acts of the 72nd Legislature, 3rd Called Session, 1992;
2-4 (2) Senate districts that are required to be used by a federal
2-5 court order or judgment that are materially different to the
2-6 districts used for the 1992 Senate elections; or (3) Senate
2-7 districts which are materially different that are required to be
2-8 used by a state court order or judgment; and, be it further
2-9 RESOLVED, That on the day the Senate draws lots the Secretary
2-10 of the Senate notify the Secretary of State that the resolution has
2-11 been adopted and notify the Secretary of State of the results of
2-12 the drawing of lots; and, be it further
2-13 RESOLVED, That the Secretary of State submit the resolution
2-14 and the results of the drawing of lots to the United States
2-15 Department of Justice pursuant to Section 5 of the Voting Rights
2-16 Act of 1965, as amended, 42 U.S.C. Section 1973c; and, be it
2-17 further
2-18 RESOLVED, That the drawing of lots shall be conducted as
2-19 follows:
2-20 (1) That the Lieutenant Governor appoint a committee of five
2-21 Senators to supervise and direct all matters relating to the
2-22 preparation of the slips and envelopes and the drawing of same as
2-23 hereinafter set forth;
2-24 (2) That the Secretary of the Senate, under the supervision
2-25 of the committee in the presence of the Senate at an open session
3-1 of the Senate to be held at 10 a.m. on the day to be determined by
3-2 the President, prepare 31 slips of paper of uniform size and
3-3 appearance; that she, with pen and ink, write on each of the slips
3-4 of paper, a number between "1" and "31" both inclusive, the number
3-5 "1" to be written on the first slip of paper, and the number "2" to
3-6 be written on the second slip of paper, and so on until a different
3-7 number has been accordingly written on each of the slips of paper;
3-8 that she then place each of the slips of paper in a separate
3-9 capsule, each of the capsules to be of uniform size and appearance;
3-10 that she then place each of the capsules in a separate envelope and
3-11 seal the same, each of the envelopes to be of uniform size and
3-12 appearance; and that the 31 envelopes and each of them containing
3-13 the capsules and slips of paper then be placed in some suitable
3-14 receptacle;
3-15 (3) That at 10:30 a.m. on a day to be determined by the
3-16 President in open session of the Senate the drawing of the
3-17 envelopes be conducted under the supervision of the committee in
3-18 the manner as hereinafter set forth:
3-19 (A) The receptacle containing the sealed envelopes
3-20 shall be placed on a suitable table or desk at the front of the
3-21 Senate Chamber;
3-22 (B) The Secretary of the Senate shall call the names
3-23 of the Senators in alphabetical order, and as the name of each
3-24 Senator is called he shall withdraw from the receptacle one
3-25 envelope, which shall then be immediately opened and the number
4-1 appearing on the slip of paper therein shall be written after the
4-2 Senator's name drawing same on a suitable register to be prepared
4-3 by the Secretary of the Senate;
4-4 (4) That the 15 Senators drawing slips with any of the even
4-5 numbers "2" - "4" - "6" - "8" - "10" - "12" - "14" - "16" - "18" -
4-6 "20" - "22" - "24" - "26" - "28" - "30" thereon shall be of the
4-7 first class and their term of office shall terminate at the
4-8 expiration of two years, or one-half of the four-year
4-9 constitutional term, and that the 16 Senators drawing slips with
4-10 any of the odd numbers "1" - "3" - "5" - "7" - "9" - "11" - "13" -
4-11 "15" - "17" - "19" - "21" - "23" - "25" - "27" - "29" - "31"
4-12 thereon shall be of the second class, and their term of office
4-13 shall terminate at the expiration of four years; and
4-14 (5) That any Senator who is unable to attend the drawing
4-15 shall appoint and designate in writing some other Senator to draw
4-16 an envelope in the place of the absent Senator; in the event any
4-17 Member of the Senate is absent and has failed to appoint and
4-18 designate some Member of the Senate to act for him in the drawing,
4-19 then the Secretary of the Senate shall draw an envelope for the
4-20 absent Senator.
4-21 _____________________________________
4-22 President of the Senate
4-23 I hereby certify that the
4-24 above resolution was adopted by the
4-25 Senate on March 25, 1993, by the
5-1 following vote: Yeas 16, Nays 15.
5-2 _____________________________________
5-3 Secretary of the Senate