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A JOINT RESOLUTION
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proposing a constitutional amendment to replace the attorney |
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general on the legislative redistricting board with the |
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commissioner of agriculture. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 28, Article III, Texas Constitution, is |
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amended to read as follows: |
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Sec. 28. The Legislature shall, at its first regular |
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session after the publication of each United States decennial |
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census, apportion the state into senatorial and representative |
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districts, agreeable to the provisions of Sections 25 and 26 of this |
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Article. In the event the Legislature shall at any such first |
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regular session following the publication of a United States |
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decennial census, fail to make such apportionment, same shall be |
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done by the Legislative Redistricting Board of Texas, which is |
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hereby created, and shall be composed of five (5) members, as |
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follows: The Lieutenant Governor, the Speaker of the House of |
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Representatives, the Commissioner of Agriculture or other head of |
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the executive department that oversees agriculture in this state |
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[Attorney General], the Comptroller of Public Accounts and the |
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Commissioner of the General Land Office, a majority of whom shall |
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constitute a quorum. Said Board shall assemble in the City of |
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Austin within ninety (90) days after the final adjournment of such |
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regular session. The Board shall, within sixty (60) days after |
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assembling, apportion the state into senatorial and representative |
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districts, or into senatorial or representative districts, as the |
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failure of action of such Legislature may make necessary. Such |
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apportionment shall be in writing and signed by three (3) or more of |
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the members of the Board duly acknowledged as the act and deed of |
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such Board, and, when so executed and filed with the Secretary of |
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State, shall have force and effect of law. Such apportionment shall |
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become effective at the next succeeding statewide general election. |
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The Supreme Court of Texas shall have jurisdiction to compel such |
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Board to perform its duties in accordance with the provisions of |
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this section by writ of mandamus or other extraordinary writs |
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conformable to the usages of law. The Legislature shall provide |
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necessary funds for clerical and technical aid and for other |
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expenses incidental to the work of the Board, and the Lieutenant |
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Governor and the Speaker of the House of Representatives shall be |
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entitled to receive per diem and travel expense during the Board's |
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session in the same manner and amount as they would receive while |
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attending a special session of the Legislature. |
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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 replace the |
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attorney general on the legislative redistricting board with the |
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commissioner of agriculture." |