HBA-CBW S.J.R. 35 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.J.R. 35
By: Wentworth
Redistricting
5/9/2001
Engrossed



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, Senate Joint Resolution 35 requires the submission to the voters
of a constitutional amendment prohibiting the legislature from enacting
redistricting law during the regular session and requiring the governor, at
the conclusion of the regular session, to convene a special session to
enact laws to redistrict the state's senate, representative, and
congressional districts. 

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

Senate Joint Resolution 35 amends the Texas Constitution to prohibit the
legislature from enacting a law redistricting the state's senate,
representative, or congressional districts during the first regular session
after the publication of the United States decennial census. The resolution
requires the governor, at the conclusion of the regular session, 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, and congressional districts.  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 45 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.