By: Wentworth, et al. S.J.R. No. 35
1-1 SENATE JOINT RESOLUTION
1-2 proposing a constitutional amendment relating to the time for
1-3 legislative and congressional redistricting following release of
1-4 the federal decennial census.
1-5 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 28, Article III, Texas Constitution, is
1-7 amended to read as follows:
1-8 Sec. 28. (a) The Legislature may not enact a law
1-9 redistricting the state's senate, representative, or congressional
1-10 districts during the [shall, at its] first regular session after
1-11 the publication of each United States decennial census.
1-12 (b) At the conclusion of the regular session described by
1-13 Subsection (a) of this section, the Governor shall call the
1-14 Legislature into special session, to convene not later than the
1-15 10th day after the last day of the regular session, to enact laws
1-16 to redistrict the state's senate, representative, and congressional
1-17 districts. Legislation on other subjects may not be considered in
1-18 the special session unless designated in a proclamation by the
1-19 Governor. The special session may not exceed 45 days in duration[,
1-20 apportion the state into senatorial and representative districts,
1-21 agreeable to the provisions of Sections 25, 26, and 26-a of this
1-22 Article].
1-23 (c) In the event the Legislature shall at the special
1-24 session described by Subsection (b) of this section [any such first
2-1 regular session following the publication of a United States
2-2 decennial census,] fail to enact laws 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
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."