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."