| |
| |
|
|
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 September 1, 2009. |