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78R8835 DRH-D

By:  Alonzo                                                       H.B. No. 2871



A BILL TO BE ENTITLED

AN ACT

relating to the protection of the rights of Texas voters without 
regard to race, color, or ethnicity.
	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, or ordinance of a 
political subdivision of this state may not be enacted 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, or ethnicity.  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 in the 
action 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, or ethnicity, 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, or 
ethnicity, a court may not consider the citizenship of members of 
the group, including 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 
Travis County, 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, or ordinance 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 September 1, 2003.