By: Carriker S.R. No. 512
73R7572 MPC-D
R E S O L U T I O N
1-1 WHEREAS, The United States District Court for the Southern
1-2 District of Texas, Brownsville Division, has held in the case of
1-3 Rangel v. Mattox, that the state's current method of electing
1-4 judges of the courts of appeals, as applied to the 13th Court of
1-5 Appeals, violates Section 2 of the federal Voting Rights Act; and
1-6 WHEREAS, The court having found in its July 28, 1989, order
1-7 that at-large elections for the 13th Court of Appeals violate the
1-8 Voting Rights Act, and the State of Texas having declined to
1-9 suggest a remedy for the violation, the court implemented an
1-10 interim plan of apportionment on November 8, 1989; and
1-11 WHEREAS, On February 23, 1993, the League of United Latin
1-12 American Citizens (LULAC) of Texas filed a complaint against the
1-13 State of Texas alleging that the at-large, by place, majority vote,
1-14 and run-off nomination and general election procedures for electing
1-15 judges of the 1st, 2nd, 4th, 5th, 8th, and 14th Courts of Appeals
1-16 also violate Section 2 of the federal Voting Rights Act; and
1-17 WHEREAS, The policy of the State of Texas expressed in its
1-18 constitution and laws is that election of judges be by partisan,
1-19 popular election; and
1-20 WHEREAS, It is necessary that the policies of the state be
1-21 consistent with requirements of federal law, and it also is
1-22 desirable that the senate express its preference for resolution of
1-23 the pending litigation; now, therefore, be it
1-24 RESOLVED, That the Senate of the State of Texas, 73rd
2-1 Legislature, hereby encourage the attorney general of Texas to
2-2 settle the cases of Rangel v. Mattox and LULAC of Texas v. State of
2-3 Texas in accordance with the policy expressed herein and in as
2-4 timely a manner as possible; and, be it further
2-5 RESOLVED, That an official copy of this resolution be
2-6 forwarded to the attorney general of Texas as an official
2-7 expression of the sentiment of the Senate of the State of Texas.