77R12641 DRH-D
By Deshotel H.J.R. No. 95
Substitute the following for H.J.R. No. 95:
By Jones of Lubbock C.S.H.J.R. No. 95
A JOINT RESOLUTION
1-1 proposing a constitutional amendment relating to the time for
1-2 legislative and congressional redistricting following release of
1-3 the federal decennial census.
1-4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 28, Article III, Texas Constitution, is
1-6 amended to read as follows:
1-7 Sec. 28. (a) The Legislature may not enact a law
1-8 redistricting the state's senate, representative, or congressional
1-9 districts during the [shall, at its] first regular session after
1-10 the publication of each United States decennial census.
1-11 (b) On the first Tuesday that occurs at least seven days
1-12 after the date the regular session described by Subsection (a) of
1-13 this section adjourns, the Legislature shall convene in special
1-14 session to enact laws to redistrict the state's senate,
1-15 representative, and congressional districts. Legislation on other
1-16 subjects may not be considered in the special session unless
1-17 designated in a proclamation by the Governor. The special session
1-18 may not exceed 45 days in duration[, apportion the state into
1-19 senatorial and representative districts, agreeable to the
1-20 provisions of Sections 25, 26, and 26-a of this Article].
1-21 (c) In the event the Legislature [shall] at the special
1-22 session described by Subsection (b) of this section fails [any such
2-1 first regular session following the publication of a United States
2-2 decennial census, fail] to enact a law to redistrict the state's
2-3 senate or representative districts [make such apportionment], that
2-4 redistricting [same] shall be done by the Legislative Redistricting
2-5 Board of Texas, which is hereby created, and shall be composed of
2-6 five (5) members, as follows: The Lieutenant Governor, the Speaker
2-7 of the House of Representatives, the Attorney General, the
2-8 Comptroller of Public Accounts and the Commissioner of the General
2-9 Land Office, a majority of whom shall constitute a quorum.
2-10 (d) Said Board shall assemble in the City of Austin and, not
2-11 later than the 45th day after the date of the adjournment of the
2-12 special session, provide for the redistricting of the state's
2-13 [within ninety (90) days after the final adjournment of such
2-14 regular session. The Board shall, within sixty (60) days after
2-15 assembling, apportion the state into] senatorial and representative
2-16 districts, or [into] senatorial or representative districts, as the
2-17 failure of action of the [such] Legislature may make necessary.
2-18 Such redistricting [apportionment] shall be adopted in writing and
2-19 signed by three (3) or more of the members of the Board duly
2-20 acknowledged as the act and deed of the [such] Board, and, when so
2-21 executed and filed with the Secretary of State, shall have force
2-22 and effect of law. The Board's redistricting [Such apportionment]
2-23 shall become effective at the next succeeding statewide general
2-24 election.
2-25 (e) The Supreme Court of Texas shall have jurisdiction to
2-26 compel the Board [such Commission] to perform its duties in
2-27 accordance with the provisions of this section by writ of mandamus
3-1 or other extraordinary writs conformable to the usages of law. The
3-2 Legislature shall provide necessary funds for clerical and
3-3 technical aid and for other expenses incidental to the work of the
3-4 Board, and the Lieutenant Governor and the Speaker of the House of
3-5 Representatives shall be entitled to receive per diem and travel
3-6 expense during the Board's session in the same manner and amount as
3-7 they would receive while attending a special session of the
3-8 Legislature. [This amendment shall become effective January 1,
3-9 1951.]
3-10 SECTION 2. This proposed constitutional amendment shall be
3-11 submitted to the voters at an election to be held November 6, 2001.
3-12 The ballot shall be printed to permit voting for or against the
3-13 proposition: "The constitutional amendment providing for the
3-14 redistricting of legislative and congressional districts at a
3-15 special session following the release of the federal decennial
3-16 census."