HBA-KMH H.J.R. 66 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 66
By: Driver
Select Committee - Constitutional Revision
3/26/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the Texas Constitution of 1876 (constitution), requires the
Senate to consist of thirty-one members and never be increased above this
number.  The constitution further requires the House of Representatives to
consist of ninety-three members until the first apportionment after the
adoption of this Constitution, when or at any apportionment thereafter, the
number of Representatives may be increased by the Legislature, upon the
ratio of not more than one Representative for every fifteen thousand
inhabitants; provided, the number of Representatives shall never exceed one
hundred and fifty.  The Senate now stands at thirty-one members and the
House of Representatives has reached the constitutionally prescribed limit
of one hundred and fifty members.  
 
As proposed, H.J.R. 66 requires the submission to the voters of a
constitutional amendment to require the Senate to consist of thirty-one
members and the House of Representatives to consist of one hundred and
fifty members.  H.J.R. 66 also removes the language limiting the House of
Representatives to 150 members and providing for the manner in which the
number of representatives may be increased.  Furthermore, H.J.R. 66 repeals
the emergency clause exception to the effective date of legislation in the
constitution.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2, Article III, Texas Constitution, as follows:

Sec.  2.  Requires the Senate to consist of 31members and the House of
Representatives to consist of 150 members, rather than 93 members.
Withdraws express authorization for the legislature to statutorily increase
the number of house members, up to and never more than 150 members, at a
ratio of one member per 15,000 inhabitants. 

SECTION 2.  Amends Section 6, Article VIII, Texas Constitution, as follows:

Sec.  6.  Makes a nonsubstantive change.

SECTION 3.  Amends Section 39, Article III, Texas Constitution, as follows:

Sec.  39.  Removes an exception to the prohibition against passing
legislation that takes effect or goes into force within ninety days after
adjournment of the session at which it was enacted in the case of an
emergency which is expressed in the preamble or in the body of the act. 

SECTION 4.  Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held November 2, 1999.  Sets forth the
required language for the ballot.