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A BILL TO BE ENTITLED
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AN ACT
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relating to the protection of the rights of Texas voters without |
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regard to race, color, ethnicity, or membership in a language |
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minority group. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 276, Election Code, is amended by adding |
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Section 276.011 to read as follows: |
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Sec. 276.011. CIVIL ACTION: DILUTION OF VOTING RIGHTS. (a) |
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A law of this state or a regulation, rule, order, ordinance, |
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practice, or procedure of a political subdivision of this state may |
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not be enacted, adopted, or applied in a manner that results in the |
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denial or abridgement of the right of an individual to vote on |
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account of race, color, ethnicity, or membership in a language |
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minority group. For purposes of this section, an individual's |
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ethnicity includes the individual's membership in a group that |
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shares a common primary language. |
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(b) An individual affected by a law or other measure |
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described by Subsection (a) may bring a civil action to enforce |
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Subsection (a). A violation of Subsection (a) is established if, |
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based on the totality of the circumstances, it is shown that the |
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political processes leading to nomination or election in this state |
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or a political subdivision of this state are not equally open to |
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participation by individuals of a particular race, color, |
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ethnicity, or language minority group, in that the members of that |
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group have less opportunity than other members of the electorate to |
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participate in the political process or to elect representatives of |
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their choice. |
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(c) In determining whether a political process is not |
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equally open to individuals of a particular race, color, ethnicity, |
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or language minority group, a court may not consider the |
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citizenship of members of the group, including considering the |
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citizenship in any manner that excludes individuals who are not |
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citizens from an estimate of the potential voting strength of the |
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group. |
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(d) An action under this section may be brought only: |
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(1) by a resident of the state in a district court in |
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the county in which the person resides, for a state law; or |
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(2) by a resident of the political subdivision in a |
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district court in a county in which the political subdivision is |
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located, for a regulation, rule, order, ordinance, practice, or |
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procedure of a political subdivision. |
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(e) A finding of the district court under this section may |
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be appealed in the same manner as provided by general law for other |
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civil cases in district courts. |
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SECTION 2. This Act takes effect September 1, 2007 |
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. |