BILL ANALYSIS H.B. 3145 By: Alonzo C.S.H.B. 3145 By: Alonzo 4-4-95 Committee Report (Substituted) BACKGROUND Countywide, multimember at-large elections in urban areas exist now only in the context of judicial elections. Such election systems have been traditionally employed in order to dilute minority voting strength and to deny racial minorities the ability to elect candidates of their choice. Texas is currently defending a number of suits challenging countywide, multimember, at-large elections for judicial candidates in urban areas. Because of its rich history of racial discrimination and voter intimidation, Texas is subject to Section 5 of federal Voting Rights Act, which requires Texas to preclear changes in its elections systems to ensure that racial minority voting strength is not diluted. The U.S. Justice Department has refused to preclear any new multimember, urban district or county courts in Texas since 1989. It is the opinion of this committee that this bill does not violate the federal Voting Rights Act or the Texas Constitution. PURPOSE C.S.H.B. 3145 requires commissioners courts to draw election subdistricts for the election of statutory county court judges in four urban counties with a substantial number of statutory county courts and a substantial population of racial minorities: Bexar, Dallas, Harris, and Tarrant. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, department, or agency. SECTION BY SECTION ANALYSIS SECTION 1 adds a new Section 25.00031 to the Government Code to provide that a statutory county court judge elected from an election subdistrict has the same authority and jurisdiction as a judge elected at-large from the entire geographical area. SECTION 2 adds new Sections 25.0013 and 25.0017 to the Government Code. New Sec. 25.0013, Residency Requirement of Judges, provides that a statutory county court judge elected from an election subdistrict need not be a resident of the election subdistrict. New Sec. 25.0017 is titled "Election by Subdistrict." New Subsec. (a) requires that election subdistricts required by this Act shall be drawn by the county commissioners court in accordance with federal and state laws. New Subsec. (b) requires subdistricts to be drawn after each census. New Subsec. (c) provides county officials access to the Legislative Council's redistricting facilities. SECTION 3 amends Gov't Code § 25.0009, Vacancy, to add new language requiring that a judge appointed to fill a vacancy for a judge elected from a subdistrict must reside in that subdistrict. SECTION 4 adds Gov't Code § 25.0171(d) to provide for the election of Bexar County statutory county court judges from election subdistricts drawn by the commissioners court. SECTION 5 adds Gov't Code § 25.0591(e) to provide for the election of Dallas County statutory county court judges from election subdistricts drawn by the commissioners court. SECTION 6 adds Gov't Code § 25.1031(d) to provide for the election of Harris County statutory county court judges from election subdistricts drawn by the commissioners court. SECTION 7 adds Gov't Code § 25.2221(e) to provide for the election of Tarrant County statutory county court judges from election subdistricts drawn by the commissioners court. SECTION 8. Effective date. Application of act. SECTION 9. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE Section 1 of the original bill amended Government Code § 25.0003, Jurisdiction, to add new a new Subsection (b), accomplishing the same purpose as the new Section 25.00031 in Section 1 of the substitute, and to reletter subsequent subsections. Section 2 of the substitute was not in the original bill. Section 2 of the original bill amended Section 25.0009 of the Government Code to clarify that vacancies in the office of statutory county court judges elected by subdistrict would be filled by appointment by the commissioners court, just as any other statutory county court vacancy. Section 3 of the substitute also amends Section 25.0009, but requires that a person appointed to fill a vacancy filled by election from a subdistrict must reside in the subdistrict. Sections 3 through 7 of the original bill amended Tex. Gov't Code §§ 25.0171, 25.0591, 25.1031, 25.1671, and 25.2221 to set out election subdistricts (leaving each subdistrict blank) for statutory county court judges in Bexar, Dallas, Harris, Midland and Tarrant Counties. These sections do not appear in the substitute. Sections 4 through 7 of the substitute add new subsections to Tex. Gov't Code §§ 25.0171, 25.0591, 25.1031 and 25.2221 to require the commissioners courts of those Bexar, Dallas, Harris and Tarrant counties, respectively, to draw the election subdistricts for statutory county court judges. This language did not appear in the original bill. Section 8 of the substitute is the effective date and application of the act; this did not appear in the original bill. Section 9 in the substitute was Section 8 in the original bill. SUMMARY OF COMMITTEE ACTION Pursuant to a public notice posted March 15, 1995, the Committee on Judicial Affairs met in a public hearing on March 21, 1995. The Chair referred H.B. 3145 directly to the Subcommittee on Judicial Reform. The subcommittee members were Reps. Alonzo (Chair), Duncan, Solis, Thompson and Willis. Pursuant to a public notice posted March 23, 1995, the Subcommittee on Judicial Reform met in a public hearing on March 28, 1995, to consider H.B. 3145. Carmen Rumbaut, representing MALDEF, testified neutrally on H.B. 3145. The Chair then offered up a complete committee substitute for H.B. 3145 and laid it out. Judge Don Windle, Denton County Court at Law No. 3 judge, representing himself and Judges Virgil Vahlenkamp and Darlene Whitten, testified for C.S.H.B. 3145. Rep. Thompson moved to adopt the committee substitute for H.B. 3145. The motion prevailed by the following record vote: 3 ayes, 0 nays, 0 PNV, and 2 absent. Rep. Thompson then moved that H.B. 3145 be reported favorably back to the full committee, as substituted, with the recommendation that it do pass and be printed. The motion prevailed by the following record vote: 3 ayes, 0 nays, 0 PNV and 2 absent. Pursuant to a public notice posted on March 30, 1995, in accordance with House rules, the Committee on Judicial Affairs met in a public hearing on April 4, 1995. The Subcommittee Report on H.B. 3145 was eligible for consideration. Without objection, the Chair laid out H.B. 3145 on the subcommittee report and recognized Rep. Alonzo to explain. Rep. Alonzo moved to withdraw the substitute to H.B. 3145 and offered up a new complete committee substitute for H.B. 3145. There being no objection, the Chair laid out the new committee substitute for H.B. 3145 and again recognized Rep. Alonzo to explain. Rep. Solis moved to adopt the new substitute. There being no objection, the substitute was adopted. Rep. Solis moved to report H.B. 3145 favorably back to the full House, as substituted, with the recommendation that it do pass, be printed and sent to the Committee on Calendars. The motion prevailed by the following record vote: 5 ayes, 1 nay, 0 PNV and 3 absent.