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.