SRC-SLL S.J.R. 41 75(R)    BILL ANALYSIS


Senate Research CenterS.J.R. 41
By: Wentworth
Committee of the Whole Senate
5-1-97
As Filed


DIGEST 

Currently, the Texas Constitution directs the legislature to apportion the
state into senate and representative districts at the legislature's first
regular session after the publication of the United States decennial
census.  If the legislature fails to do so, then the Legislative
Redistricting Board (LRB) is to do so.  LRB does not have authority to
redistrict congressional districts if the legislature fails to do so. 

LRB members are the Lieutenant Governor, Speak of the House of
Representatives, Attorney General, Comptroller of Public Accounts, and the
Commissioner of the General Land Office.  If the legislature fails to
redistrict during that regular session, then LRB is to meet within 90 days
of the final adjournment of regular session.  LRB has 60 days after
assembling to reapportion the state into senate and house districts.  This
constitutional provision was added to the constitution after the
legislature failed to redistrict house and senate districts during the
1930s and 1940s. 

An additional failure to redistrict occurred at the beginning of the
century.  In 1911, the governor vetoed the senate districts legislature,
so the senate districts used during the first decade of the century were
also used during the second through the 1922 election. 

The legislature has never reapportioned state district courts.  The Texas
Constitution was amended in 1985 to direct  the legislature to reapportion
district courts in 1993 and every ten years after.  The constitution also
creates the Judicial Districts Board, which is given the duty to
reapportion district courts if the legislature fails to do so.  The
Judicial Districts Board is required to complete its work by August 31,
otherwise LRB has 150 days to do so.  The district court plan of the
Judicial Districts Board must be approved by the legislature; the district
court plan of LRB does not have to be approved. 

The current redistricting standards in the Texas Constitution applicable
to senate districts require the state to be divided into a contiguous
territory according to the number of qualified electors, as nearly as may
be.  The districts are to be single-member districts, and no single county
shall be entitled to more than one senator. 

The state constitutional standards applicable to house districts require
the districts to be apportioned among the counties according to the
population in each and that the counties in the districts be contiguous.
In addition, the standards provide the county-line rule to avoid
unnecessary splitting of county line.  Section 26a of Article III
prohibits counties from having more than seven state house districts
unless the population exceeds 700,000, in which case a county is entitled
to one additional house district for each additional 100,000 of
population. 

PURPOSE

As proposed, S.J.R. 41 completely eliminates the authority of the
legislature to redistrict state legislative and congressional districts
and gives the authority to the Texas Redistricting Commission
(commission).  The Democratic and Republican caucuses of the senate and
house would each appoint a member.  The fifth members presides but does
not vote and would be appointed by three of the other members.  Any
vacancy not filled within 20 days would be filled by the Texas Supreme
Court (supreme court). 

The commission has until Jul1 to redistrict unless the census is delivered
after May 1, in which case  the commissioner has 90 days to redistrict.
If the commission does not redistrict by that time, the supreme court is
required to adopt a plan by September 1 or 60 days after the commission's
deadline if the census is delivered after May 1.  The commission may
reconvene if the supreme court does not adopt a plan.  The commission is
then authorized to reconvene on the motion of at least two of its voting
members if an initial plan becomes unenforceable by court order or other
authority (the U.S. Department of Justice), or if the plan is subject to
legal challenge in a court proceeding.  The commission's plan and the
supreme court's plan are not subject to gubernatorial veto. 

This bill also directs the legislature to enact law providing for the
implementation of the plan.  The laws may include additional standards
applicable to redistricting plan.  The legislature is also directed to
appropriate funds for the commission. 

Each district is to contain a population "as nearly as practicable" to the
population of other districts. The committee suggests that this would
probably have the effect of greatly diminishing the population deviation
used in drawing legislative districts.  The plan enacted by the 72nd
Legislature for senate and house districts had deviations of less than 10
percent, in contract to the zero deviation for congressional districts.
These population figures are to exclude nonresident military personnel, as
is currently the case.  To the extent reasonable, districts are to be
contiguous, compact, convenient, and to use natural geographic barriers,
artificial barriers, or political subdivision boundaries. 

This bill also provides that the commission's plan shall not be drawn
purposely to favor or discriminate against any political party or group.
A party would be allowed to sue in state court and possibly win a partisan
gerrymandering suit. 

Gives the supreme court original jurisdiction to hear and decide cases
involving congressional and state legislative redistricting, including
cases involving a plan adopted by the supreme court.  This would
apparently have the effect of authorizing the supreme court to make
determinations of fact as well as law, instead of just law as exists now. 

Authorizes the commission to redistrict judicial districts in place of the
Legislative Redistricting Board in case the legislature and Judicial
Districts Board fail to do so. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 28, Article III, Texas Constitution, as follows:

Sec.  28.  (a)  Provides that the Texas Redistricting Commission
(commission) exercises the legislative authority of this state to adopt
redistricting plans for the election of the Texas House of
Representatives, Texas Senate, and the members of the United States House
of Representatives elected from this state.  Prohibits districts for those
legislative bodies from being established or changed except as provided by
this section. 

(b) Sets forth the composition of the commission.

(c) Provides that the member appointed under Subsection (b)(5) of this
section is a nonvoting member and serves as presiding officer of the
commission. 

(d)  Requires each member of the commission to be a resident of this
state.  Provides that a person is not eligible to serve on the commission
if the person meets certain criteria. 

(e) Sets forth the term of a member of the commission.  Sets forth
procedures for filling a vacancy on the commission. 

(f) Prohibits a member of the commission from being a candidate in an
election for the  Texas Senate or Texas House of Representatives before
the second anniversary of the last date the commission adopted a plan or
modification of a plan for that body during the person's service on the
commission. 

(g) Provides that a redistricting plan or modification of a redistricting
plan is adopted by a vote of not less than three members of the
commission. 

(h) Sets forth deadlines for appointing members to the commission.

(i) Sets forth required meeting time for the commission and deadlines for
adopting a redistricting plan. 

(j) Provides that if the commission does not adopt a plan within the time
required by Subsection (i) of this section, the commission's authority to
adopt a plan is suspended. Requires the supreme court to adopt a plan for
the applicable legislative body within a certain time period if the
commission's authority is suspended under this subsection. 

(k) Sets forth procedures for modification of a redistricting plan.

(l) Authorizes the commission to reconvene to adopt a redistricting plan
if the supreme court does not adopt a plan for the applicable body in the
time provided in Subsection (j) of this section, if the supreme court is
required to adopt a plan for that body because the commission did not
adopt an initial plan for that body as required by Subsection (i) of this
section. 

(m) Provides that in a redistricting plan or modification of a plan
adopted under this section each district must meet certain criteria. 

(n) Prohibits the commission or supreme court from drawing a redistricting
plan purposely to favor or discriminate against any political party or
group. 

(o) Requires the legislature to enact laws consistent with this section to
implement this section.  Authorizes the laws to include additional
qualifications for commission members and additional standards applicable
to redistricting plans. 

(p) Requires the legislature to appropriate funds to enable the commission
to carry out its duties. 

(q)  Provides that the supreme court has original jurisdiction to hear and
decide cases involving congressional or state legislative redistricting,
including a case involving a redistricting plan adopted by the supreme
court under this section.  Provides that a member of the court is not
disqualified from participating in a redistricting case because the member
has participated or may participate in the adoption of a redistricting
plan, but authorizes the member to recuse himself or herself from the
case. 

(r)  Requires the commission to convene for the first time on the first
business day after January 31, 2001.  Prohibits the commission from
exercising any power under this section before that date.  Provides that
this subsection expires January 1, 2002.  Deletes existing text regarding
the Legislative Redistricting Board of Texas. 

SECTION 2. Amends Subsections (e) and (i), Section 7a, Article V, Texas
Constitution, to requires the Texas Redistricting Commission to convene on
September 1 of the same year to make a statewide reapportionment of the
judicial district, if the Judicial Districts Board fails to make a
statewide apportionment by a certain date,  not later than the 90th day,
rather than 150th day, after the final day for the Judicial Districts
Board to make the reappointment.  Makes conforming changes. 

(i) Makes conforming changes.

SECTION 3. Repealer: Section 26a, Article III, Texas Constitution
(Counties with more than seven  Representatives). 

SECTION 4. Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held November 4, 1997.  Sets forth the
required language for the ballot.