By Duncan                                              S.B. No. 412
         76R1633 JSA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the abolition of the Judicial Districts Board.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 24.942(1), Government Code, is amended to
 1-5     read as follows:
 1-6                 (1)  "Board" means the Legislative Redistricting Board
 1-7     [Judicial Districts Board] established by Section 28, Article III,
 1-8     [Article V, Section 7a, of the] Texas Constitution.
 1-9           SECTION 2.  Sections 24.943 and 24.944, Government Code, are
1-10     amended to read as follows:
1-11           Sec. 24.943.  OFFICIAL DUTY.  Service on the board is an
1-12     official duty of each of the officers who serves on the board under
1-13     Section 28, Article III, [named in Article V, Section 7a, of the]
1-14     Texas Constitution.
1-15           Sec. 24.944.  DUTIES.  The board shall reapportion the
1-16     judicial districts authorized by Article V, Section 7, of the Texas
1-17     Constitution by statewide reapportionment of the districts [and, as
1-18     the necessity for additional reapportionment appears, by
1-19     redesignating, in one or more reapportionment orders, the county or
1-20     counties that comprise the specific judicial districts affected by
1-21     those reapportionment orders].  [The board shall investigate from
1-22     time to time the necessity of and appropriate locations for new
1-23     judicial districts and shall advise the legislature of its
1-24     findings.  The board shall inform itself on all matters bearing on
 2-1     its duties.]
 2-2           SECTION 3.  Section 24.945(e), Government Code, is amended to
 2-3     read as follows:
 2-4           (e)  The legislature[, the Judicial Districts Board,] or the
 2-5     board [Legislative Redistricting Board] may not redistrict the
 2-6     judicial districts to provide for any judicial district smaller in
 2-7     size than an entire county except as provided by this subsection.
 2-8     Judicial districts smaller in size than the entire county may be
 2-9     created subsequent to a general election in which a majority of the
2-10     persons voting on the proposition adopt the proposition "to allow
2-11     the division of ____________________ County into judicial districts
2-12     composed of parts of ____________________ County."   A
2-13     redistricting plan may not be proposed or adopted by the
2-14     legislature[, the Judicial Districts Board,] or the board
2-15     [Legislative Redistricting Board] in anticipation of a future
2-16     action by the voters of any county.
2-17           SECTION 4.  Section 24.946, Government Code, is amended to
2-18     read as follows:
2-19           Sec. 24.946.  PROCEDURE.  (a)  The board shall meet as
2-20     required by Section 7a, Article V, Texas Constitution [in
2-21     accordance with its own rules].  [The board shall meet at least
2-22     once in each interim between regular sessions of the legislature
2-23     and shall exercise its reapportionment powers only in the interims
2-24     between regular legislative sessions.]  Meetings of the board are
2-25     [shall be] subject to the provisions of Chapter 551, except as
2-26     otherwise provided by this subchapter.  [A reapportionment may not
2-27     be ordered in the interim immediately following a regular session
 3-1     of the legislature in which a valid and subsisting statewide
 3-2     reapportionment of judicial districts is enacted by the
 3-3     legislature.  Unless the legislature enacts a statewide
 3-4     reapportionment of the judicial districts following each federal
 3-5     decennial census, the board shall convene not later than the first
 3-6     Monday of June of the third year following the year in which the
 3-7     federal decennial census is taken to make a statewide
 3-8     reapportionment of the districts.  The board shall complete its
 3-9     work on the reapportionment and file its order with the secretary
3-10     of state not later than August 31 of the same year.  If the
3-11     Judicial Districts Board fails to make a statewide apportionment by
3-12     that date, the Legislative Redistricting Board established by
3-13     Article III, Section 28, of the Texas Constitution shall make a
3-14     statewide reapportionment of the judicial districts not later than
3-15     the 150th day after the final day for the Judicial Districts Board
3-16     to make the reapportionment, and that apportionment takes  effect
3-17     as provided by Sections 24.948 and 24.949.]
3-18           (b)  The board shall adopt its own rules of procedure and has
3-19     the power to make investigations, hold hearings, compel by subpoena
3-20     the attendance and testimony of witnesses and the production of
3-21     records, administer oaths, and do all things necessary in its
3-22     judgment to carry out its duties.
3-23           (c)  On the request of the presiding officer of the board
3-24     [chairman], a peace officer shall serve a subpoena issued by the
3-25     board.  The officer shall serve the subpoena in the same manner as
3-26     a subpoena issued by a district court is served.  If the person to
3-27     whom a subpoena is directed fails to comply, the board may bring
 4-1     suit in the district court to enforce the subpoena.  If the court
 4-2     determines that good cause exists for the issuance of the subpoena,
 4-3     the court shall order compliance.  The court may modify the
 4-4     requirements of a subpoena that the court determines are
 4-5     unreasonable.  Failure to comply with the order of the district
 4-6     court is punishable as contempt.
 4-7           (d)  The board may provide for the compensation of subpoenaed
 4-8     witnesses.  The amount of compensation may not exceed the amount
 4-9     paid to a witness subpoenaed by a district court in a civil
4-10     proceeding.
4-11           SECTION 5.  Section 24.947, Government Code, is repealed.
4-12           SECTION 6.  This Act takes effect January 1, 2000, but only
4-13     if the constitutional amendment proposed by the 76th Legislature,
4-14     Regular Session, 1999, to abolish the Judicial Districts Board, is
4-15     approved by the voters.  If that proposed constitutional amendment
4-16     is not approved by the voters, this Act has no effect.
4-17           SECTION 7.  The importance of this legislation and the
4-18     crowded condition of the calendars in both houses create an
4-19     emergency and an imperative public necessity that the
4-20     constitutional rule requiring bills to be read on three several
4-21     days in each house be suspended, and this rule is hereby suspended.