By Ellis                                              S.J.R. No. 43
         76R1358 MLS-D                           
                                 A JOINT RESOLUTION
 1-1     proposing a constitutional amendment requiring the reapportionment
 1-2     of the  courts of appeals districts.
 1-3           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Article V, Texas Constitution, is amended by
 1-5     adding Section 6a to read as follows:
 1-6           Sec. 6a.  (a)  The Legislature shall, at its first regular
 1-7     session after the publication of each United States decennial
 1-8     census, reapportion the courts of appeals districts authorized by
 1-9     Article V, Section 6, of this constitution into single-member or
1-10     multimember districts.
1-11           (b)  The districts shall be substantially equal in
1-12     population, according to the most recent United States decennial
1-13     census.  The Legislature shall consider county lines, senatorial
1-14     and representative districts, and commissioners precincts in the
1-15     reapportionment process.
1-16           (c)  If the Legislature fails to perform the reapportionment,
1-17     the Legislative Redistricting Board shall reapportion the courts of
1-18     appeals districts.  The Board shall assemble in Austin within 90
1-19     days after the final adjournment of the first regular session after
1-20     the publication of each United States  decennial census if
1-21     necessary.  The Board shall, within 60 days after assembling,
1-22     reapportion the courts of appeals  districts.  The reapportionment
1-23     shall be in writing, signed by three or more members of the Board,
1-24     and filed with the Secretary of State.  The reapportionment takes
 2-1     effect at the next succeeding statewide general election.  The
 2-2     Supreme Court has the jurisdiction to  compel the Board to perform
 2-3     its duties according to the provisions of this section by writ of
 2-4     mandamus or other extraordinary writs.  The Legislature shall
 2-5     provide necessary funds for expenses incidental to the work of the
 2-6     Board, and the Lieutenant Governor and the Speaker of the House of
 2-7     Representatives shall receive per diem and travel expenses during
 2-8     the Board's session in the same manner and amount as they would
 2-9     receive while attending a special session of the  Legislature.
2-10           SECTION 2.  This proposed constitutional amendment shall be
2-11     submitted to the voters at an election to be held on November 2,
2-12     1999.  The ballot  shall be printed to permit voting for or against
2-13     the proposition:  "The constitutional amendment requiring the
2-14     reapportionment of the courts of appeals districts."