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.