1-1 By: Wentworth, et al. S.J.R. No. 35
1-2 (In the Senate - Filed March 6, 2001; March 8, 2001, read
1-3 first time and referred to Committee on Redistricting;
1-4 April 17, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 17, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.J.R. No. 35 By: Wentworth
1-8 SENATE JOINT RESOLUTION
1-9 proposing a constitutional amendment relating to the time for
1-10 legislative and congressional redistricting following release of
1-11 the federal decennial census.
1-12 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 28, Article III, Texas Constitution, is
1-14 amended to read as follows:
1-15 Sec. 28. (a) The Legislature may not enact a law
1-16 redistricting the state's senate, representative, or congressional
1-17 districts during the [shall, at its] first regular session after
1-18 the publication of each United States decennial census.
1-19 (b) At the conclusion of the regular session described by
1-20 Subsection (a) of this section, the Governor shall call the
1-21 Legislature into special session, to convene not later than the
1-22 10th day after the last day of the regular session, to enact laws
1-23 to redistrict the state's senate, representative, and congressional
1-24 districts. Legislation on other subjects may not be considered in
1-25 the special session unless designated in a proclamation by the
1-26 Governor. The special session may not exceed 45 days in duration[,
1-27 apportion the state into senatorial and representative districts,
1-28 agreeable to the provisions of Sections 25, 26, and 26-a of this
1-29 Article].
1-30 (c) In the event the Legislature shall at the special
1-31 session described by Subsection (b) of this section [any such first
1-32 regular session following the publication of a United States
1-33 decennial census,] fail to enact laws to redistrict the state's
1-34 senate or representative districts [make such apportionment], that
1-35 redistricting [same] shall be done by the Legislative Redistricting
1-36 Board of Texas, which is hereby created, and shall be composed of
1-37 five (5) members, as follows: The Lieutenant Governor, the Speaker
1-38 of the House of Representatives, the Attorney General, the
1-39 Comptroller of Public Accounts and the Commissioner of the General
1-40 Land Office, a majority of whom shall constitute a quorum.
1-41 (d) Said Board shall assemble in the City of Austin and, not
1-42 later than the 45th day after the date of the adjournment of the
1-43 special session, provide for the redistricting of the state's
1-44 [within ninety (90) days after the final adjournment of such
1-45 regular session. The Board shall, within sixty (60) days after
1-46 assembling, apportion the state into] senatorial and representative
1-47 districts, or [into] senatorial or representative districts, as the
1-48 failure of action of the [such] Legislature may make necessary.
1-49 Such redistricting [apportionment] shall be adopted in writing and
1-50 signed by three (3) or more of the members of the Board duly
1-51 acknowledged as the act and deed of the [such] Board, and, when so
1-52 executed and filed with the Secretary of State, shall have force
1-53 and effect of law. The Board's redistricting [Such apportionment]
1-54 shall become effective at the next succeeding statewide general
1-55 election.
1-56 (e) The Supreme Court of Texas shall have jurisdiction to
1-57 compel the Board [such Commission] to perform its duties in
1-58 accordance with the provisions of this section by writ of mandamus
1-59 or other extraordinary writs conformable to the usages of law. The
1-60 Legislature shall provide necessary funds for clerical and
1-61 technical aid and for other expenses incidental to the work of the
1-62 Board, and the Lieutenant Governor and the Speaker of the House of
1-63 Representatives shall be entitled to receive per diem and travel
1-64 expense during the Board's session in the same manner and amount as
2-1 they would receive while attending a special session of the
2-2 Legislature. [This amendment shall become effective January 1,
2-3 1951.]
2-4 SECTION 2. This proposed constitutional amendment shall be
2-5 submitted to the voters at an election to be held on November 6,
2-6 2001. The ballot shall be printed to permit voting for or against
2-7 the proposition: "The constitutional amendment providing for the
2-8 redistricting of legislative and congressional districts at a
2-9 special session following the release of the federal decennial
2-10 census."
2-11 * * * * *