1-1 By: Harris of Dallas S.R. No. 133
1-2 (In the Senate - Filed February 3, 1993; February 3, 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 a viva-voce vote; March 23, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Carriker
1-9 Harris of Dallas
1-10 Armbrister
1-11 Barrientos
1-12 Bivins
1-13 Brown
1-14 Ellis
1-15 Haley
1-16 Harris of Tarrant
1-17 Henderson
1-18 Leedom
1-19 Lucio
1-20 Luna
1-21 Madla
1-22 Moncrief
1-23 Montford
1-24 Nelson
1-25 Parker
1-26 Patterson
1-27 Ratliff
1-28 Rosson
1-29 Shapiro
1-30 Shelley
1-31 Sibley
1-32 Sims
1-33 Truan
1-34 Turner
1-35 Wentworth
1-36 West
1-37 Whitmire
1-38 Zaffirini
1-39 COMMITTEE SUBSTITUTE FOR S.R. No. 133 By: Parker
1-40 SENATE RESOLUTION
1-41 WHEREAS, Under the provisions of Article III, Section 3, of
1-42 the Constitution of the State of Texas, the Senators elected after
1-43 each new apportionment shall be divided into two classes, the seats
1-44 of the Senators of the first class to be vacated at the expiration
1-45 of the first two years, and the seats of those of the second class
1-46 to be vacated at the expiration of four years; now, therefore, be
1-47 it
1-48 RESOLVED by the Senate of the State of Texas, 73rd
1-49 Legislature, That the Senate shall draw lots as provided by this
1-50 resolution, notwithstanding that the use of districts for elections
1-51 as required by a federal court may not be an "apportionment" under
1-52 Article III, Section 3, of the Constitution of the State of Texas,
1-53 requiring the drawing of lots; and, be it further
1-54 RESOLVED, That this drawing of lots is effective only if,
1-55 before the 1994 primary election for the Senate, a federal court
1-56 order or judgment requires that those elections be conducted using
1-57 Senate districts not materially different from the districts used
1-58 for the 1992 Senate elections; and, be it further
1-59 RESOLVED, That the drawing of lots as provided by this
1-60 resolution shall not be effective and that the Senate of the State
1-61 of Texas, 74th Legislature, shall draw lots as provided by that
1-62 Legislature, if the 1994 primary elections for the Senate are
1-63 conducted using: (1) Senate districts provided by S.B. No. 1,
1-64 Chapter 1, Acts of the 72nd Legislature, 3rd Called Session, 1992;
1-65 (2) Senate districts provided by any legislation enacted after the
1-66 72nd Legislature; (3) Senate districts that are required to be
1-67 used by a federal court order or judgment that are not identical to
1-68 the districts used for the 1992 Senate elections; or (4) Senate
2-1 districts that are required to be used by a state court order or
2-2 judgment; and, be it further
2-3 RESOLVED, That on the day the Senate draws lots the Secretary
2-4 of the Senate notify the Secretary of State that the resolution has
2-5 been adopted and notify the Secretary of State of the results of
2-6 the drawing of lots; and, be it further
2-7 RESOLVED, That the Secretary of State submit the resolution
2-8 and the results of the drawing of lots to the United States
2-9 Department of Justice pursuant to Section 5 of the Voting Rights
2-10 Act of 1965, as amended, 42 U.S.C. Section 1973c; and, be it
2-11 further
2-12 RESOLVED, That the drawing of lots shall be conducted as
2-13 follows:
2-14 (1) That the Lieutenant Governor appoint a committee of five
2-15 Senators to supervise and direct all matters relating to the
2-16 preparation of the slips and envelopes and the drawing of same as
2-17 hereinafter set forth;
2-18 (2) That the Secretary of the Senate, under the supervision
2-19 of the committee in the presence of the Senate at an open session
2-20 of the Senate to be held at 10 a.m. on the day to be determined by
2-21 the President, prepare 31 slips of paper of uniform size and
2-22 appearance; that she, with pen and ink, write on each of the slips
2-23 of paper, a number between "1" and "31" both inclusive, the number
2-24 "1" to be written on the first slip of paper, and the number "2" to
2-25 be written on the second slip of paper, and so on until a different
2-26 number has been accordingly written on each of the slips of paper;
2-27 that she then place each of the slips of paper in a separate
2-28 capsule, each of the capsules to be of uniform size and appearance;
2-29 that she then place each of the capsules in a separate envelope and
2-30 seal the same, each of the envelopes to be of uniform size and
2-31 appearance; and that the 31 envelopes and each of them containing
2-32 the capsules and slips of paper then be placed in some suitable
2-33 receptacle;
2-34 (3) That at 10:30 a.m. on a day to be determined by the
2-35 President in open session of the Senate the drawing of the
2-36 envelopes be conducted under the supervision of the committee in
2-37 the manner as hereinafter set forth:
2-38 (A) The receptacle containing the sealed envelopes
2-39 shall be placed on a suitable table or desk at the front of the
2-40 Senate Chamber;
2-41 (B) The Secretary of the Senate shall call the names
2-42 of the Senators in alphabetical order, and as the name of each
2-43 Senator is called he shall withdraw from the receptacle one
2-44 envelope, which shall then be immediately opened and the number
2-45 appearing on the slip of paper therein shall be written after the
2-46 Senator's name drawing same on a suitable register to be prepared
2-47 by the Secretary of the Senate;
2-48 (4) That the 15 Senators drawing slips with any of the even
2-49 numbers "2" - "4" - "6" - "8" - "10" - "12" - "14" - "16" - "18" -
2-50 "20" - "22" - "24" - "26" - "28" - "30" thereon shall be of the
2-51 first class and their term of office shall terminate at the
2-52 expiration of two years, or one-half of the four-year
2-53 constitutional term, and that the 16 Senators drawing slips with
2-54 any of the odd numbers "1" - "3" - "5" - "7" - "9" - "11" - "13" -
2-55 "15" - "17" - "19" - "21" - "23" - "25" - "27" - "29" - "31"
2-56 thereon shall be of the second class, and their term of office
2-57 shall terminate at the expiration of four years; and
2-58 (5) That any Senator who is unable to attend the drawing
2-59 shall appoint and designate in writing some other Senator to draw
2-60 an envelope in the place of the absent Senator; in the event any
2-61 Member of the Senate is absent and has failed to appoint and
2-62 designate some Member of the Senate to act for him in the drawing,
2-63 then the Secretary of the Senate shall draw an envelope for the
2-64 absent Senator.
2-65 * * * * *
2-66 Austin,
2-67 Texas
2-68 March 23, 1993
2-69 Hon. Bob Bullock
2-70 President of the Senate
3-1 Sir:
3-2 We, your Committee of the Whole to which was referred S.R. No. 133,
3-3 have had the same under consideration, and I am instructed to
3-4 report it back to the Senate with the recommendation that it do not
3-5 pass, but that the Committee Substitute adopted in lieu thereof do
3-6 pass and be printed.
3-7 Carriker,
3-8 Chairman
3-9 * * * * *
3-10 WITNESSES
3-11 FOR AGAINST ON
3-12 ___________________________________________________________________
3-13 Name: Jeff Archer x
3-14 Representing: Tx Legislative Council
3-15 City: Austin
3-16 -------------------------------------------------------------------
3-17 Name: Renea Hicks x
3-18 Representing: Office of Attorney General
3-19 City: Austin
3-20 -------------------------------------------------------------------
3-21 Name: Judith Sanders-Castro x
3-22 Representing: MALDEF
3-23 City: San Antonio
3-24 -------------------------------------------------------------------
3-25 Name: Tatcho Mindiola x
3-26 Representing:
3-27 City: Houston
3-28 -------------------------------------------------------------------