HBA-RBT S.B. 412 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 412
By: Duncan
Judicial Affairs
5/10/1999
Engrossed


BACKGROUND AND PURPOSE

Currently, the Texas Constitution requires the Judicial Districts Board
(JDB) to make a statewide reapportionment of judicial districts, if the
legislature fails to do so within a certain deadline. However, if the JDB
is unsuccessful, the reapportionment responsibility falls to the
Legislative Redistricting Board.  Abolishing the Judicial Districts Board
avoids a worst-case scenario in which both agencies fail to carry out the
redistricting process. 

S.B. 412 abolishes the Judicial Districts Board, replaces it with the
Legislative Redistricting Board, and streamlines the responsibilities of
the new board. 

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 24.942(1), Government Code, to redefine "board"
and sets forth that the Legislative Redistricting Board (board) is
established by Section 28 (Time for Apportionment; Apportionment by
Legislative Redistricting Board), Article III, Texas Constitution. 

SECTION 2.  Amends Sections 24.943 and 24.944, Government Code, to make a
conforming change, and delete text relating to reapportionment orders and
responsibilities of the board. 

SECTION 3.  Amends Section 24.945(e), Government Code, to make conforming
changes. 

SECTION 4.  Amends Section 24.946, Government Code, to require the board to
meet in accordance with Section 7a (Judicial Districts Board;
Reapportionment of Judicial Districts), Article V, Texas Constitution.
Requires a peace officer to serve a subpoena issued by the board on the
request of the presiding officer of the board, rather than the chairman.
Deletes text requiring certain actions of the board regarding
reapportionment work completion dates.  Makes a nonsubstantive change. 

SECTION 5.  Repealer:  Section 24.947, Government Code (Reapportionment
Orders). 

SECTION 6.  Effective date:  January 1, 2000, if the constitutional
amendment to abolish Judicial Districts Board is approved by the voters.
Provides that this Act has no effect if voters do not approve this
constitutional amendment proposed by the 76th Legislature, Regular Session,
1999. 

SECTION 7.  Emergency clause.