By Wentworth S.J.R. No. 35
77R5451 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 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) At the conclusion of the regular session described by
1-12 Subsection (a) of this section, the Governor shall call the
1-13 Legislature into special session, to convene not later than the
1-14 10th day after the last day of the regular session, to enact laws
1-15 to redistrict the state's senate, representative, and congressional
1-16 districts. Legislation on other subjects may not be considered in
1-17 the special session unless designated in a proclamation by the
1-18 Governor. The special session may not exceed 60 days in duration[,
1-19 apportion the state into senatorial and representative districts,
1-20 agreeable to the provisions of Sections 25, 26, and 26-a of this
1-21 Article].
1-22 (c) In the event the Legislature shall at the special
1-23 session described by Subsection (b) of this section [any such first
1-24 regular session following the publication of a United States
2-1 decennial census,] fail to enact laws to redistrict the state's
2-2 senate or representative districts [make such apportionment], that
2-3 redistricting [same] shall be done by the Legislative Redistricting
2-4 Board of Texas, which is hereby created, and shall be composed of
2-5 five (5) members, as follows: The Lieutenant Governor, the Speaker
2-6 of the House of Representatives, the Attorney General, the
2-7 Comptroller of Public Accounts and the Commissioner of the General
2-8 Land Office, a majority of whom shall constitute a quorum.
2-9 (d) Said Board shall assemble in the City of Austin and, not
2-10 later than the 45th day after the date of the adjournment of the
2-11 special session, provide for the redistricting of the state's
2-12 [within ninety (90) days after the final adjournment of such
2-13 regular session. The Board shall, within sixty (60) days after
2-14 assembling, apportion the state into] senatorial and representative
2-15 districts, or [into] senatorial or representative districts, as the
2-16 failure of action of the [such] Legislature may make necessary.
2-17 Such redistricting [apportionment] shall be adopted in writing and
2-18 signed by three (3) or more of the members of the Board duly
2-19 acknowledged as the act and deed of the [such] Board, and, when so
2-20 executed and filed with the Secretary of State, shall have force
2-21 and effect of law. The Board's redistricting [Such apportionment]
2-22 shall become effective at the next succeeding state-wide general
2-23 election.
2-24 (e) The Supreme Court of Texas shall have jurisdiction to
2-25 compel the Board [such Commission] to perform its duties in
2-26 accordance with the provisions of this section by writ of mandamus
2-27 or other extraordinary writs conformable to the usages of law. The
3-1 Legislature shall provide necessary funds for clerical and
3-2 technical aid and for other expenses incidental to the work of the
3-3 Board, and the Lieutenant Governor and the Speaker of the House of
3-4 Representatives shall be entitled to receive per diem and travel
3-5 expense during the Board's session in the same manner and amount as
3-6 they would receive while attending a special session of the
3-7 Legislature. [This amendment shall become effective January 1,
3-8 1951.]
3-9 SECTION 2. This proposed constitutional amendment shall be
3-10 submitted to the voters at an election to be held on November 6,
3-11 2001. The ballot shall be printed to permit voting for or against
3-12 the proposition: "The constitutional amendment providing for the
3-13 redistricting of legislative and congressional districts at a
3-14 special session following the release of the federal decennial
3-15 census."