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A JOINT RESOLUTION
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proposing a constitutional amendment limiting the time in which the |
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legislature may enact or modify districts for the state legislature |
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or the United States House of Representatives. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article III, Texas Constitution, is amended by |
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adding Section 28A to read as follows: |
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Sec. 28A. (a) Except as provided by Subsection (c) of this |
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section, the legislature may not enact a bill that provides for an |
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apportionment or modification of senatorial or representative |
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districts at a time other than the time in which the legislature is |
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required to make an apportionment under Section 28 of this article. |
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(b) Except as provided by Subsection (c) of this section, |
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the legislature may not enact a bill that provides for or modifies |
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the composition of districts for the election of members of the |
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United States House of Representatives at a time other than: |
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(1) the calendar year in which the federal decennial |
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census is released, if the census is released on or before September |
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1; or |
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(2) a 120-day period beginning on the day the census is |
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released, if the census is released after September 1. |
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(c) If a trial or appellate court or other governmental |
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agency with jurisdiction over the matter finds that one or more |
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districts in effect for or previously enacted or ordered for the |
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election of members of the legislature or the United States House of |
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Representatives are invalid or takes any action that has the effect |
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of prohibiting this state from holding elections in one or more of |
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those districts, the legislature may enact a bill described by |
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Subsection (a) or (b) of this section, as appropriate, relating to |
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the same legislative body within one year after the date of the |
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court or agency action, except that the legislature may not enact a |
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bill apportioning or modifying districts of a house of the |
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legislature during the period the Legislative Redistricting Board |
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has exclusive jurisdiction to act on those districts under Section |
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28 of this article. |
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SECTION 2. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 3, 2009. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment to limit the time in |
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which the legislature may enact or modify districts for the Texas |
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Legislature or the United States House of Representatives." |