79R1192 DRH-D

By:  Raymond                                                    H.J.R. No. 95 



A JOINT RESOLUTION

proposing a constitutional amendment limiting the time in which the 
legislature may enact or modify districts for the state legislature 
or the United States House of Representatives.
	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:                       
	SECTION 1.  Article III, Texas Constitution, is amended by 
adding Section 28A to read as follows:
	Sec. 28A.  (a)  Except as provided by Subsection (c) of this 
section, the legislature may not enact a bill that provides for an 
apportionment or modification of senatorial or representative 
districts at a time other than the time in which the legislature is 
required to make an appointment under Section 28 of this article.
	(b)  Except as provided by Subsection (c) of this section, 
the legislature may not enact a bill that provides for or modifies 
the composition of districts for the election of members of the 
United States House of Representatives at a time other than:
		(1)  the calendar year in which the federal decennial 
census is released, if the census is released on or before September 
1; or
		(2)  a 120-day period beginning on the day the census is 
released, if the census is released after September 1.
	(c)  If a trial or appellate court or other governmental 
agency with jurisdiction over the matter finds that one or more 
districts in effect for or previously enacted or ordered for the 
election of members of the legislature or the United States House of 
Representatives are invalid or takes any action that has the effect 
of prohibiting this state from holding elections in one or more of 
those districts, the legislature may enact a bill described by 
Subsection (a) or (b) of this section, as appropriate, relating to 
the same legislative body within one year after the date of the 
court or agency action, except that the legislature may not enact a 
bill apportioning or modifying districts of a house of the 
legislature during the period the Legislative Redistricting Board 
has exclusive jurisdiction to act on those districts under Section 
28 of this article.
	SECTION 2.  This proposed constitutional amendment shall be 
submitted to the voters at an election to be held November 8, 2005. 
The ballot shall be printed to permit voting for or against the 
proposition: "The constitutional amendment to limit the time in 
which the legislature may enact or modify districts for the Texas 
Legislature or the United States House of Representatives."