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."