By Wentworth S.J.R. No. 52
74R4319 JSA-F
A JOINT RESOLUTION
1-1 proposing a constitutional amendment to create the Texas
1-2 Redistricting Commission and to revise the constitutional
1-3 redistricting provisions.
1-4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 28, Article III, Texas Constitution, is
1-6 amended to read as follows:
1-7 Sec. 28. (a) The Texas Redistricting Commission exercises
1-8 the primary legislative authority of this state to adopt
1-9 redistricting plans for the Texas House of Representatives, Texas
1-10 Senate, and Texas delegation to the United States House of
1-11 Representatives. Districts for those legislative bodies may not be
1-12 established or changed except as provided by this section. The
1-13 adoption of a plan or modification of a plan by the commission or
1-14 an amendment of a plan or modification by the legislature under
1-15 this section is not subject to Section 14, Article IV, of this
1-16 constitution.
1-17 (b) The commission consists of five members selected as
1-18 follows:
1-19 (1) one member appointed by each of the legislative
1-20 leaders of the two political parties having the most members in the
1-21 Texas House of Representatives chosen by a caucus of the members of
1-22 the house of representatives belonging to the appropriate political
1-23 party;
1-24 (2) one member appointed by each of the legislative
2-1 leaders of the two political parties having the most members in the
2-2 Texas Senate chosen by a caucus of the members of the senate
2-3 belonging to the appropriate political party; and
2-4 (3) one member appointed by an affirmative vote of not
2-5 less than three of the members of the commission selected under
2-6 Subdivisions (1) and (2) of this subsection.
2-7 (c) The member appointed under Subsection (b)(3) of this
2-8 section is a nonvoting member and serves as presiding officer of
2-9 the commission.
2-10 (d) A person is not eligible to serve on the commission if
2-11 the person:
2-12 (1) is an elected public officer;
2-13 (2) holds an office in a political party other than
2-14 membership on a precinct committee; or
2-15 (3) has served in a position described by Subdivision
2-16 (1) or (2) of this section within the two years preceding the date
2-17 the person is appointed to the commission.
2-18 (e) A member of the commission may not be a candidate in an
2-19 election for the Texas Senate or Texas House of Representatives or
2-20 in an election in this state for the United States House of
2-21 Representatives before the second anniversary of the last date the
2-22 commission adopted a plan or modification of a plan for that body
2-23 during the person's service on the commission.
2-24 (f) A redistricting plan or modification of a redistricting
2-25 plan is adopted by a vote of not less than three members of the
2-26 commission.
2-27 (g) A new commission shall be appointed each time the
3-1 commission convenes or reconvenes.
3-2 (h) The members of the commission appointed under
3-3 Subsections (b)(1) and (2) of this section shall be appointed not
3-4 later than the 15th day after the commission convenes or
3-5 reconvenes. The member appointed under Subsection (b)(3) shall be
3-6 appointed not later than the 30th day after the commission convenes
3-7 or reconvenes. If a member is not appointed before the applicable
3-8 date provided by this subsection, the supreme court shall make the
3-9 appointment before the sixth day after the last date on which the
3-10 initial appointing authority could have made the appointment.
3-11 (i) The commission shall convene on the first business day
3-12 after January 1 of each year ending in one and shall adopt a
3-13 redistricting plan for the Texas Senate, Texas House of
3-14 Representatives, and Texas delegation to the United States House of
3-15 Representatives not later than July 1 of that year, unless the
3-16 census is delivered to the appropriate officials of this state
3-17 after May 1 of that year, in which event the commission shall adopt
3-18 those redistricting plans not later than the 90th day after the
3-19 date the census is delivered.
3-20 (j) If the commission does not adopt a plan within the time
3-21 required by Subsection (i), the supreme court shall adopt a plan
3-22 for the applicable legislative body not later than September 1 of
3-23 the year in which the census is delivered, or the 60th day after
3-24 the date on which the commission is directed to adopt a plan under
3-25 Subsection (i), whichever date is later.
3-26 (k) The legislature by law enacted by a vote of two-thirds
3-27 of the membership of each house may reconvene the commission at any
4-1 time to modify a redistricting plan that the commission has
4-2 authority to adopt under this section. In modifying a
4-3 redistricting plan, the commission must comply with all applicable
4-4 standards imposed by this section, other provisions of this
4-5 constitution, and laws enacted under this section.
4-6 (l) The legislature by a two-thirds vote of the membership
4-7 of each house may amend a redistricting plan, including the
4-8 modification of a redistricting plan, adopted by the commission on
4-9 or before the 30th day of the first regular or special legislative
4-10 session convened after the date the commission adopts the plan or
4-11 modification. After that date, the legislature may not amend the
4-12 plan.
4-13 (m) In a redistricting plan or modification of a plan
4-14 adopted by the commission:
4-15 (1) each district must contain a population, excluding
4-16 nonresident military personnel, as nearly equal as practicable to
4-17 the population of any other district in the plan; and
4-18 (2) to the extent reasonable, each district must
4-19 contain contiguous territory, be compact and convenient, and be
4-20 separated from adjoining districts by natural geographic barriers,
4-21 artificial barriers, or political subdivision boundaries.
4-22 (n) The commission may not draw a redistricting plan
4-23 purposely to favor or discriminate against any political party or
4-24 group.
4-25 (o) The legislature shall enact laws to implement this
4-26 section. The laws may include additional qualifications for
4-27 commission members and additional standards, procedures, and
5-1 restrictions applicable to redistricting plans adopted by the
5-2 commission. The legislature by law shall prescribe the terms of
5-3 members of the commission and shall provide for the filling of
5-4 vacancies in the commission.
5-5 (p) The legislature shall appropriate funds to enable the
5-6 commission to carry out its duties.
5-7 (q) The supreme court has original jurisdiction to hear and
5-8 decide cases involving congressional or state legislative
5-9 redistricting.
5-10 (r) The first term of the commission shall convene January
5-11 1, 2001. This subsection expires January 1, 2002. <The
5-12 Legislature shall, at its first regular session after the
5-13 publication of each United States decennial census, apportion the
5-14 state into senatorial and representative districts, agreeable to
5-15 the provisions of Sections 25, 26, and 26-a of this Article. In
5-16 the event the Legislature shall at any such first regular session
5-17 following the publication of a United States decennial census, fail
5-18 to make such apportionment, same shall be done by the Legislative
5-19 Redistricting Board of Texas, which is hereby created, and shall be
5-20 composed of five (5) members, as follows: The Lieutenant Governor,
5-21 the Speaker of the House of Representatives, the Attorney General,
5-22 the Comptroller of Public Accounts and the Commissioner of the
5-23 General Land Office, a majority of whom shall constitute a quorum.
5-24 Said Board shall assemble in the City of Austin within ninety (90)
5-25 days after the final adjournment of such regular session. The Board
5-26 shall, within sixty (60) days after assembling, apportion the state
5-27 into senatorial and representative districts, or into senatorial or
6-1 representative districts, as the failure of action of such
6-2 Legislature may make necessary. Such apportionment shall be in
6-3 writing and signed by three (3) or more of the members of the Board
6-4 duly acknowledged as the act and deed of such Board, and, when so
6-5 executed and filed with the Secretary of State, shall have force
6-6 and effect of law. Such apportionment shall become effective at
6-7 the next succeeding statewide general election. The Supreme Court
6-8 of Texas shall have jurisdiction to compel such Commission to
6-9 perform its duties in accordance with the provisions of this
6-10 section by writ of mandamus or other extraordinary writs
6-11 conformable to the usages of law. The Legislature shall provide
6-12 necessary funds for clerical and technical aid and for other
6-13 expenses incidental to the work of the Board, and the Lieutenant
6-14 Governor and the Speaker of the House of Representatives shall be
6-15 entitled to receive per diem and travel expense during the Board's
6-16 session in the same manner and amount as they would receive while
6-17 attending a special session of the Legislature. This amendment
6-18 shall become effective January 1, 1951.>
6-19 SECTION 2. Subsections (e) and (i), Section 7a, Article V,
6-20 Texas Constitution, are amended to read as follows:
6-21 (e) Unless the legislature enacts a statewide
6-22 reapportionment of the judicial districts following each federal
6-23 decennial census, the board shall convene not later than the first
6-24 Monday of June of the third year following the year in which the
6-25 federal decennial census is taken to make a statewide
6-26 reapportionment of the districts. The board shall complete its
6-27 work on the reapportionment and file its order with the secretary
7-1 of state not later than August 31 of the same year. If the
7-2 Judicial Districts Board fails to make a statewide apportionment by
7-3 that date, the Texas <Legislative> Redistricting Commission <Board>
7-4 established by Article III, Section 28, of this constitution shall
7-5 reconvene on September 1 of the same year to make a statewide
7-6 reapportionment of the judicial districts not later than the 90th
7-7 <150th> day after the final day for the Judicial Districts Board to
7-8 make the reapportionment.
7-9 (i) The legislature, the Judicial Districts Board, or the
7-10 Texas <Legislative> Redistricting Commission <Board> may not
7-11 redistrict the judicial districts to provide for any judicial
7-12 district smaller in size than an entire county except as provided
7-13 by this section. Judicial districts smaller in size than the
7-14 entire county may be created subsequent to a general election where
7-15 a majority of the persons voting on the proposition adopt the
7-16 proposition "to allow the division of ____________ County into
7-17 judicial districts composed of parts of ____________ County." No
7-18 redistricting plan may be proposed or adopted by the legislature,
7-19 the Judicial Districts Board, or the Texas <Legislative>
7-20 Redistricting Commission <Board> in anticipation of a future action
7-21 by the voters of any county.
7-22 SECTION 3. Section 26a, Article III, Texas Constitution, is
7-23 repealed.
7-24 SECTION 4. This proposed constitutional amendment shall be
7-25 submitted to the voters at an election to be held November 7, 1995.
7-26 The ballot shall be printed to permit voting for or against the
7-27 following proposition: "The constitutional amendment to establish
8-1 the Texas Redistricting Commission and to redistrict the Texas
8-2 Legislature and Texas congressional districts."