HBA-CBW C.S.H.J.R. 95 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.J.R. 95
By: Deshotel
Redistricting
4/17/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Texas Constitution requires the legislature to redistrict the state
into state senatorial and representative districts.  Given that the regular
legislative session begins in January and ends in May and that the United
States Census Bureau statistics are not usually released until April,
lawmakers have minimal time to complete a redistricting plan.  A special
legislative session may allow lawmakers to complete the redistricting
process without hindering the completion of other legislative matters.  As
proposed, C.S.H.J.R. 95 requires the submission to the voters of a
constitutional amendment prohibiting the legislature from enacting
redistricting law during the regular session and requiring the legislature
to convene a special session to enact laws to redistrict the state's
legislative and congressional districts. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this resolution
does not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.J.R. 95 amends the Texas Constitution to prohibit the legislature
from enacting a law redistricting the state's senate, representative, or
congressional districts during the first regular session after the
publication of the United States decennial census.  The bill requires the
legislature to convene, on the first Tuesday that occurs at least seven
days after the date the regular session adjourns, in a special session to
enact laws to redistrict the state's senate, representative, or
congressional districts.  The resolution prohibits legislation on other
subjects from being considered in the special session unless designated in
a proclamation by the governor.  The resolution prohibits the special
session from exceeding 45 days in duration. 

The resolution provides that if the legislature, during the special
session, fails to enact laws to redistrict the state's senate or
representative districts, the Legislative Redistricting Board of Texas
(board) is required to provide for the redistricting.  The resolution
requires the board to provide for the redistricting, not later than the
45th day after the date of the adjournment of the special session. 

FOR ELECTION

This proposed constitutional amendment shall be submitted to the voters at
an election to be held on November 6, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.J.R. 95 differs from the original bill by prohibiting the legislature
from enacting redistricting law during the regular session and requiring
the legislature to convene in a special session to enact law regarding
redistricting, rather than the governor calling the special session.  The
substitute also prohibits the special session from exceeding 45 days,
rather than 60 days.