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.