By Deshotel H.J.R. No. 95
77R7704 DRH-D
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 shall, at its first regular
1-8 session after the publication of each United States decennial
1-9 census, redistrict the state's senate, representative, and
1-10 congressional districts.
1-11 (b) If, at the conclusion of the regular session described
1-12 by Subsection (a) of this section, the Legislature has not enacted
1-13 a law to redistrict the state's senate, representative, or
1-14 congressional districts, the Governor shall call the Legislature
1-15 into special session, to convene not later than the 10th day after
1-16 the last day of the regular session, to enact laws to redistrict
1-17 the state's senate, representative, or congressional districts, as
1-18 appropriate. Legislation on other subjects may not be considered
1-19 in the special session unless designated in a proclamation by the
1-20 Governor. The special session may not exceed 60 days in duration[,
1-21 apportion the state into senatorial and representative districts,
1-22 agreeable to the provisions of Sections 25, 26, and 26-a of this
1-23 Article].
1-24 (c) In the event the Legislature shall at the special
2-1 session described by Subsection (b) of this section [any such first
2-2 regular session following the publication of a United States
2-3 decennial census,] fail to enact laws to redistrict the state's
2-4 senate or representative districts [make such apportionment], that
2-5 redistricting [same] shall be done by the Legislative Redistricting
2-6 Board of Texas, which is hereby created, and shall be composed of
2-7 five (5) members, as follows: The Lieutenant Governor, the Speaker
2-8 of the House of Representatives, the Attorney General, the
2-9 Comptroller of Public Accounts and the Commissioner of the General
2-10 Land Office, a majority of whom shall constitute a quorum.
2-11 (d) Said Board shall assemble in the City of Austin and, not
2-12 later than the 45th day after the date of the adjournment of the
2-13 special session, provide for the redistricting of the state's
2-14 [within ninety (90) days after the final adjournment of such
2-15 regular session. The Board shall, within sixty (60) days after
2-16 assembling, apportion the state into] senatorial and representative
2-17 districts, or [into] senatorial or representative districts, as the
2-18 failure of action of the [such] Legislature may make necessary.
2-19 Such redistricting [apportionment] shall be adopted in writing and
2-20 signed by three (3) or more of the members of the Board duly
2-21 acknowledged as the act and deed of the [such] Board, and, when so
2-22 executed and filed with the Secretary of State, shall have force
2-23 and effect of law. The Board's redistricting [Such apportionment]
2-24 shall become effective at the next succeeding statewide general
2-25 election.
2-26 (e) The Supreme Court of Texas shall have jurisdiction to
2-27 compel the Board [such Commission] to perform its duties in
3-1 accordance with the provisions of this section by writ of mandamus
3-2 or other extraordinary writs conformable to the usages of law. The
3-3 Legislature shall provide necessary funds for clerical and
3-4 technical aid and for other expenses incidental to the work of the
3-5 Board, and the Lieutenant Governor and the Speaker of the House of
3-6 Representatives shall be entitled to receive per diem and travel
3-7 expense during the Board's session in the same manner and amount as
3-8 they would receive while attending a special session of the
3-9 Legislature. [This amendment shall become effective January 1,
3-10 1951.]
3-11 SECTION 2. This proposed constitutional amendment shall be
3-12 submitted to the voters at an election to be held on November 6,
3-13 2001. The ballot shall be printed to permit voting for or against
3-14 the proposition: "The constitutional amendment providing for the
3-15 redistricting of legislative and congressional districts at a
3-16 special session following the release of the federal decennial
3-17 census."