EC C.S.H.B. 772 75(R)    BILL ANALYSIS

C.S.H.B. 772
By: Jones, Delwin
Committee Report (Substituted)


On January 26, 1994, a suit was filed in Houston challenging some of
Texas' congressional districts as having been racially gerrymandered (now
Vera v. Bush). This type of lawsuit was based on a case in North Carolina
in which the United States Supreme Court in 1993 recognized a new basis
for suing (Shaw v. Reno) The Vera plaintiffs tried to interrupt the
election shortly before the 1994 primary, but the court refused. The court
granted intervenor status to the Justice Department and to individuals
represented by the NAACP Legal Defense and Education Fund and MALDEF. 

The three-judge federal court held a trial for a week in late June. In
mid-August 1994 the court found unconstitutional all three of the 24
districts challenged--District 20 in Dallas (Congresswoman Eddie Bernice
Johnson) and Districts 18 and 29 in Houston (Congressional members Sheila
Jackson Lee and Gene Green). Again, the court decided not to interrupt the
election but ordered the state to correct the districts by March 15, 1995.
The state appealed to the Supreme Court. Also, the Supreme Court granted a
stay so that the legislature did not have to redraw at the time. 

The Supreme Court did not hear the case in its 1994 terms as had been
hoped, but in its 1995 term. The case was argued in December 1995. The
decision, handed down on June 13, affirmed the decision of the lower
court. The district court in Houston concluded that state had waived its
opportunity to redraw districts for the 1996 election. The court decided
to interrupt the 1996 election and redraw districts itself, event though
the primary election had already been held. The district court received 18
plans proposing changes to the districts. Lieutenant Governor Bob Bullock
submitted two plans as examples of how the districts could be changed.
House of Representative Speaker Pete Laney recommended one of the two
plans submitted by the Lieutenant Governor. The plan changes nine
districts--the three which has been held unconstitutional and six
adjoining districts. 

The court used the plan recommended by the Speaker and submitted by the
Lieutenant Governor as a starting point for its court-ordered plan. The
court changed four districts in addition to the nine districts changed by
the speaker's plan. The court set the special election for the 13
districts for November 5 (the day of the general election ). Because of
multiple candidate in some of the races, the court set December 10 as the
date for runoffs in those races where no one received a majority of the
votes on November 5. The court-ordered lines (PLAN C746) apply only to the
1996 election. The court set June 30, 1997, as the deadline for the
legislature to redraw congressional districts. 


C.S.H.B. 772 enacts the court-ordered congressional lines adjusted to
eliminate the deviation in size of districts, as the lines to be used for
the 1998 and 2000 elections. To eliminate the population deviation 9,799
people were moved. (Article II) The plan (PLAN C754) eliminates the
deviation of 4,637 people (0.82 percent) from smallest to largest district
that existed in the bill as filed -- the court-ordered plan (PLAN C746).
This zero deviation of C.S.H.B. 772 is identical to the deviation for the
plan (PLAN C657) enacted by the legislature in 1991 and used for the 1992
and 1994 election. For H.B. 772 as filed, the deviation of 4,637 people is
in the thirteen districts changed by the court; the other 17 districts
retain a deviation of zero. 
 The attached computer reports on PLAN C754 -- 300B, 426B (with 1996
elections), and 427B (with 1994 elections) by the Texas Legislative
Council -- are part of the bill analysis and contain information by
district related to population deviation, total and voting age population
by race and ethnicity; voting age non-citizen population; and for the 1994
and 1996 general elections, total and Spanish surname voter registration
population, voter turnout totals, and partisan composition based on
statewide election returns. (Hard copy only) 


It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or


SECTION 1. Provides that the districts are composed of the counties or
parts of counties as specified in Article II of the bill. Indicates that
each district is a single-member district. 

SECTION 1. District 1 is composed of all of Bowie, Camp, Cass, Delta,
Franklin, Harrison, Hopkins, Lamar, Marion, Morris, Panola, Red River,
Rusk, Titus, Upshur, and Wood counties; and parts of Gregg, Hunt, and
Nacogdoches counties. 

SECTION 2. District 2 is composed of all of Angelina, Cherokee, Grimes,
Hardin, Houston, Jasper, Liberty, Newton, Orange, Polk, Sabine, San
Augustine, San Jacinto, Shelby, Trinity, Tyler, and Walker counties; and
part of Montgomery and Nacogdoches. 

SECTION 3. District 3 is composed of parts of Collin and Dallas counties.
The substitute moves 57 people from District 3 to District 5,which makes
Balch Springs whole in District 5. The substitute also moves 1,374 people
from District 3 to District 26, which takes McKinney almost completely out
of District 3. The parts of McKinney remaining in District 3 are two
peculiarly shaped arms and an area with 19 people which is not contiguous
with District 26. 

SECTION 4. District 4 is composed of all of Fannin, Grayson, Rains,
Rockwall, and Van Zandt counties; and parts of Collin, Cooke, Dallas,
Denton, Gregg, Hunt, Kaufman, and Smith counties. 

SECTION 5.  District 5 is composed of all of Anderson, Freestone,
Henderson, Leon, Limestone, Madison, and Robertson, counties and part of
Brazos, Dallas, Kaufman, and Smith County. This substitute also moves
1,297 people form District 5 to District 30. 

SECTION 6. This substitute moves 748 people from District 24 to District
6, which makes Pecan Hill whole in District 6. 

SECTION 7. District 7 is composed of part of Harris County.  This
substitute moves 1,127 people from District 29 to District 8. 

SECTION 8. District 8 is composed of all of Washington county; and parts
of Austin, Brazos, Harris, Montgomery and Waller counties. 

SECTION 9 District 9 is composed of all of Chambers, Galveston, and
Jefferson counties; and part of Harris County. This substitute moves 965
people from District 22 to District 9, and 930 people from District 29 to
District 9. 

SECTION 10. District 10 is composed of part of Travis County.

SECTION 11. District 11 is composed of all of Bell, Bosque, Coryell,
Falls, Hamilton, Hill, Lampasas, McLennan, Milam, Mills, and San Saba
counties, and part of McColloch County. 

 SECTION 12. District 12 is composed of parts of Johnson, Parker, and
Tarrant counties. 

SECTION 13. District 13 is composed of all of Archer, Armstrong, Baylor,
Briscoe, Carson, Castro, Childress, Clay, Collingsworth, Cottle, Crosby,
Dickens, Donley, Floyd, Foard, Garza, Gray, Hale, Hall, Hardeman,
Hemphill, Hutchinson, King, Knox, Lamb, Lipscomb, Lynn, Montague, Motley,
Potter, Roberts, Swisher, Wheeler, Wichita, and Wilbarger counties; and
parts of Cooke, Denton, and Lubbock counties. 

SECTION 14. District 14 is composed of all of Aransas, Bastrop, Blanco,
Burleson, Caldwell, Calhoun, Colorado, Fayette, Gonzales, Hays, Jackson,
Lavaca, Lee, Matagorda, Refugio, Victoria, and Wharton counties; and parts
of Austin, Brazoria, Travis, Waller, and Williamson counties. 

SECTION 15. District 15 is composed of all of Bee, Brooks, De Witt,
Goliad, Hidalgo, Karnes, Live Oak, and San Patricio counties; and parts of
Jim Wells, Kleberg, and Willacy counties. 

SECTION 16. District 16 is composed of part of El Paso County.

SECTION 17. District 17 is composed of all of Borden, Brown, Callahan,
Coke, Coleman, Comanche, Concho, Dawson, Eastland, Erath, Fisher, Haskell,
Hood, Howard, Jack, Jones, Kent, Martin, Mitchell, Nolan, Palo Pinto,
Runnels, Scurry, Shackelford, Somervell, Stephens, Stonewall, Taylor,
Throckmorton, Wise, and Young counties; and part of Tom Green County. 

SECTION 18. District 18 is composed of part of Harris County.  This
substitute moves 1,148 people from District 18 to District 7, and 1 person
from District 25 to District 18. 

SECTION 19. District 19 is composed of all of Andrews, Bailey, Cochran,
Dallam, Deaf Smith, Gaines, Hansford, Hartley, Hockley, Moore, Ochiltree,
Oldham, Parmer, Randall, Sherman, Terry, and Yoakum counties; and parts of
Ector, Lubbock, and Midland counties. 

SECTION 20. District 20 is composed of part of Bexar County.

SECTION 21. District 21 is composed of all of Bandera, Burnet, Gillespie,
Glasscock, Irion, Kendall, Kerr, Kimble, Llano, Mason, Menard, Real,
Schleicher, and Sterling counties; and parts of Bexar, Comal, Guadalupe,
McColloch, Midland, Tom Green, and Williamson counties. 

SECTION 22. District 22 is composed of all of Fort Bend County; and parts
of Brazoria and Harris counties.  This substitute moves 169 people from
District 22 to District 7, 965 people from District 22 to District 9, and
809 people from District 22 to District 25. 

SECTION 23. District 23 is composed of all of Brewster, Crane, Crockett,
Culberson, Dimmit, Edwards, Hudspeth, Jeff Davis, Kinney, Loving,
Maverick, Medina, Pecos, Presidio, Reagan, Reeves, Sutton, Terrell, Upton,
Uvalde, Val Verde, Ward, Webb, Winkler, and Zavala counties; and parts of
Bexar, Ector, El Paso, and Midland counties. 

SECTION 24. District 24 is composed of all of Navarro County; and parts of
Dallas, Ellis, and Tarrant counties.  This substitute moves 748 people and
a zero-population block from District 24 to District 30, which makes
Hutchins whole in District 30, except for a zero-population area which
would have created a very unusual shape for the intersection of District
5, 24, and 30. Makes a conforming change. 
SECTION 25. District 25 is composed of part of Harris County.  This
substitute moves 1 person from District 25 to District 18, 809 people from
District 22 to District 25, and 685 people from District 29 to District

SECTION 26. District 26 is composed of parts of Collin, Dallas, Denton,
and Tarrant counties. 

SECTION 27. District 27 is composed of all of Cameron, Kenedy, and Nueces
counties, and parts of Kleberg and Willacy counties. 

 SECTION 28. District 28 is composed of all of Atascosa, Duval, Frio, Jim
Hogg, La Salle McMullen, Starr, Wilson, and Zapata counties; and parts of
Bexar, Comal, Guadalupe, and Jim Wells counties. 

SECTION 29. District 29 is composed of part of Harris County.

SECTION 30. District 30 is composed of part of Dallas County.

SECTION 1. (a) Except as provided by Subsection (b), defines "tract,"
"block numbering group," and "block" as the geographic areas identified by
that term on the maps and computer files received by the state from the
United States Commerce Department (USCD) as set out in the Texas
Legislative Council's Redistricting Map Data Base. If one of these
geographic areas in the Legislative Council system differs from the area
as defined by the information received from the USCD the information in
the Council's system controls. 

(b) If the area of a water block in the Council's; system differs from the
area as defined by the USCD, then the description in USCD's information

(c) This subsection only applies if a tract is divided between two or more
districts. If a water block in the USCD's information is not listed in
this bill, then the water block or the portion of a water block is
included in the contiguous block in which the water block is contained. If
the waste block is contiguous with more than one block, then it is
included in the block with which it shares the longest common boundary
according to USCD information. 

(d) Defines "block group" and indicates how they are designated.

SECTION 2. Provides that it is the intent of the legislature that if any
geographic area is erroneously left out of the bill, a court reviewing the
bill should include that area in the appropriate district in accordance
with the intent of the legislature using any available evidence of that
intent, including such evidence as used by the Supreme Court in a 1922
case involving house districts (Smith v. Patterson). 

SECTION 3. Effective January 1, 1999, repeals the previous legislative
enactment of congressional districts (PLANC657). 

SECTION 4. Provides that the districts created by Article II apply to the
election of members of the congressional delegation beginning with the
primary and general elections in 1998 for members of the 106th Congress.
Article II does not affect the membership or districts of the
congressional delegation to the 195th Congress. 

SECTION 5. Emergency cause. Effective date: upon passage.


The oringinal bill which enacted the court ordered plan had the following
population variances: 

 District 3. +1,431
 District 5. +1,240
 District 6. -748
 District 7. -1,317
 District 8. -1,127
 District 9. -1,895
 District 18. +1,147
 District 22. +1,943
 District 24. +1,237
 District 25. -1,493
 District 26. -1,374
 District 29. +2,742
  District 30. -1,786

The substitute eliminates all variances and brings all districts to the
exact number of 566,217 people.  The adjusted zero variance districts will
be used for the 1998 and 2000 congressional elections.