HBA-CBW H.J.R. 95 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 95
By: Deshotel
Redistricting
4/5/2001
Introduced



BACKGROUND AND PURPOSE 

The Texas Constitution requires the legislature to redistrict the state
into state senatorial and representative districts.  Given that the regular
legislative session begins in January and ends in May and that the United
States Census Bureau statistics are not usually released until April,
lawmakers have minimal time to complete a redistricting plan.  A special
legislative session may allow lawmakers to complete the redistricting
process without hindering the completion of other legislative matters.  As
proposed, House Joint Resolution 95 requires the submission to the voters
of a constitutional amendment requiring the governor to call a special
session no later than the 10th day after the last day of the regular
session to provide for the redistricting of the state's legislative and
congressional districts if the legislature fails to do so during the
regular session. 

RULEMAKING AUTHORITY

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

ANALYSIS

House Joint Resolution 95 amends the Texas Constitution to require the
governor to call the legislature into special session, to convene not later
than the 10th day after the last day of the regular session, to enact laws
to redistrict the state's senate, representative, or congressional
districts if, at the conclusion of the regular session, the legislature has
not enacted into law a redistricting plan.  The resolution prohibits
legislation on other subjects from being considered in the special session
unless designated in a proclamation by the governor.  The resolution
prohibits the special session from exceeding 60 days in duration. 

The resolution provides that if the legislature, during the special
session, fails to enact laws to redistrict the state's senate or
representative districts, the Legislative Redistricting Board of Texas
(board) is required to provide for the redistricting.  The resolution
requires the board to provide for the redistricting, not later than the
45th day after the date of the adjournment of the special session. 

FOR ELECTION

This proposed constitutional amendment shall be submitted to the voters at
an election to be held on November 6, 2001.