78S30165 DRH-D

By:  Alonzo                                                       H.B. No. 44 



A BILL TO BE ENTITLED

AN ACT

relating to the protection of the rights of Texas voters without 
regard to race, color, ethnicity, or membership in a language 
minority group.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 276, Election Code, is amended by adding 
Section 276.011 to read as follows:
	Sec. 276.011.  CIVIL ACTION: DILUTION OF VOTING RIGHTS.  (a)  
A law of this state or a regulation, rule, order, ordinance, 
practice, or procedure of a political subdivision of this state may 
not be enacted, adopted, or applied in a manner that results in the 
denial or abridgement of the right of an individual to vote on 
account of race, color, ethnicity, or membership in a language 
minority group.  For purposes of this section, an individual's 
ethnicity includes the individual's membership in a group that 
shares a common primary language.
	(b)  An individual affected by a law or other measure 
described by Subsection (a) may bring a civil action to enforce 
Subsection (a).  A violation of Subsection (a) is established if, 
based on the totality of the circumstances, it is shown that the 
political processes leading to nomination or election in this state 
or a political subdivision of this state are not equally open to 
participation by individuals of a particular race, color, 
ethnicity, or language minority group, in that the members of that 
group have less opportunity than other members of the electorate to 
participate in the political process or to elect representatives of 
their choice.
	(c)  In determining whether a political process is not 
equally open to individuals of a particular race, color, ethnicity, 
or language minority group, a court may not consider the 
citizenship of members of the group, including considering the 
citizenship in any manner that excludes individuals who are not 
citizens from an estimate of the potential voting strength of the 
group.
	(d)  An action under this section may be brought only:                  
		(1)  by a resident of the state in a district court in 
the county in which the person resides, for a state law; or
		(2)  by a resident of the political subdivision in a 
district court in a county in which the political subdivision is 
located, for a regulation, rule, order, ordinance, practice, or 
procedure of a political subdivision.
	(e)  A finding of the district court under this section may 
be appealed in the same manner as provided by general law for other 
civil cases in district courts.
	SECTION 2.  This Act takes effect February 1, 2004.