By Garcia H.B. No. 2854 77R9086 JSA-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the use of statistically corrected 2000 federal census 1-3 data for state and local redistricting. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 2058, Government Code, is amended by 1-6 adding Section 2058.003 to read as follows: 1-7 Sec. 2058.003. USE OF STATISTICALLY ADJUSTED CENSUS DATA FOR 1-8 REDISTRICTING. (a) In this section, "adjusted 2000 census data" 1-9 means population counts derived from the 2000 federal census for 1-10 census tracts, blocks, or block groups released by the director of 1-11 the federal census bureau for the entire State of Texas that have 1-12 been statistically adjusted by the bureau to correct the 2000 1-13 unadjusted census counts for any measured undercount or overcount 1-14 of any subset of the population according to the bureau's Accuracy 1-15 and Coverage Evaluation or other sampling method. 1-16 (b) This section applies only to a redistricting plan for: 1-17 (1) the Texas Senate, the Texas House of 1-18 Representatives, and districts used for the election of the members 1-19 of the house of representatives of the United States Congress 1-20 elected from this state; and 1-21 (2) single-member or other election districts, wards, 1-22 or precincts used to elect members of the governing body of a 1-23 political subdivision of this state located entirely in a county 1-24 having a population of at least 100,000 according to the 1990 2-1 federal decennial census or having not less than 50 percent of its 2-2 territory in one or more such counties. 2-3 (c) If adjusted 2000 census data are available not less than 2-4 10 days before a governmental body enacts, adopts, orders, or 2-5 approves a redistricting plan to which this section applies, the 2-6 governmental body, including the legislature, the Legislative 2-7 Redistricting Board, or a state court, shall: 2-8 (1) use adjusted 2000 census data as the primary data 2-9 for creating and analyzing districts, wards, or precincts in the 2-10 redistricting plan; and 2-11 (2) ensure that in the redistricting plan each 2-12 election district, ward, or precinct does not vary by more than 2-13 five percent from the ideal population applicable to those 2-14 districts, wards, or precincts according to the adjusted 2000 2-15 census data. 2-16 (d) In applying this section to a redistricting plan in a 2-17 political subdivision that is divided into more than one class of 2-18 election districts, wards, or precincts, each of which class covers 2-19 the entire political subdivision, each class of those districts, 2-20 wards, or precincts is considered a separate redistricting plan. 2-21 (e) This section expires January 1, 2011. 2-22 SECTION 2. This Act takes effect immediately if it receives 2-23 a vote of two-thirds of all the members elected to each house, as 2-24 provided by Section 39, Article III, Texas Constitution. If this 2-25 Act does not receive the vote necessary for immediate effect, this 2-26 Act takes effect September 1, 2001.