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."
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