By Wentworth                                           S.J.R. No. 5
         77R2478 JSA-D                           
                                 A JOINT RESOLUTION
 1-1     proposing a constitutional amendment establishing the Texas
 1-2     Redistricting Commission to determine legislative and congressional
 1-3     districts and revising the constitutional redistricting provisions.
 1-4           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Article III, Texas Constitution, is amended by
 1-6     adding Section 28a to read as follows:
 1-7           Sec. 28a.  (a)  The Texas Redistricting Commission exercises
 1-8     the legislative authority of this state to adopt redistricting
 1-9     plans for the election of the Texas House of Representatives, Texas
1-10     Senate, and the members of the United States House of
1-11     Representatives elected from this state.  Districts for those
1-12     legislative bodies may not be established or changed except as
1-13     provided by this section.
1-14           (b)  The commission consists of nine members selected as
1-15     follows:
1-16                 (1)  two members appointed by a majority vote of the
1-17     members of the Texas House of Representatives belonging to the
1-18     political party with the most members in the house of
1-19     representatives;
1-20                 (2)  two members appointed by a majority vote of the
1-21     members of the Texas House of Representatives belonging to the
1-22     political party with the second highest number of members in the
1-23     house of representatives;
1-24                 (3)  two members appointed by a majority vote of the
 2-1     members of the Texas Senate belonging to the political party with
 2-2     the most members in the senate;
 2-3                 (4)  two members appointed by a majority vote of the
 2-4     members of the Texas Senate belonging to the political party with
 2-5     the second highest number of members in the senate; and
 2-6                 (5)  one member appointed by an affirmative vote of not
 2-7     less than five of the members of the commission selected under
 2-8     Subdivisions (1) through (4) of this subsection.
 2-9           (c)  The member appointed under Subsection (b)(5) of this
2-10     section is a nonvoting member and serves as presiding officer of
2-11     the commission.
2-12           (d)  Each member of the commission must be a resident of this
2-13     state.  A person is not eligible to serve on the commission if the
2-14     person:
2-15                 (1)  is an elected public officer;
2-16                 (2)  holds an office in a political party other than
2-17     membership on a precinct committee; or
2-18                 (3)  has served in a position described by Subdivision
2-19     (1) or (2) of this subsection within the two years preceding the
2-20     date the person is appointed to the commission.
2-21           (e)  The full term of a member of the commission is a 10-year
2-22     term that begins on February 1 of the year ending in one in which
2-23     the initial appointment to the position is required to be made and
2-24     expires on January 31 of the next year ending in one.  A vacancy on
2-25     the commission is filled in the same manner as provided by this
2-26     section for the original appointment.  The supreme court fills a
2-27     vacancy only if the initial appointing authority fails to fill the
 3-1     vacancy on or before the 20th day after the date the vacancy
 3-2     occurs.  The members of the Texas House of Representatives or Texas
 3-3     Senate authorized to appoint a member of the commission may convene
 3-4     as necessary to make an appointment or fill a vacancy.
 3-5           (f)  A member of the commission may not be a candidate in an
 3-6     election for the Texas Senate or Texas House of Representatives
 3-7     before the second anniversary of the last date the commission
 3-8     adopted a plan or modification of a plan for that body during the
 3-9     person's service on the commission.
3-10           (g)  A redistricting plan or modification of a redistricting
3-11     plan is adopted by a vote of not less than five members of the
3-12     commission.
3-13           (h)  The members of the commission appointed under
3-14     Subsections (b)(1) through (4) of this section shall be appointed
3-15     not earlier than January 25 or later than January 31 of each year
3-16     ending in one.  The member appointed under Subsection (b)(5) of
3-17     this section shall be appointed not later than the 30th day after
3-18     the commission convenes under Subsection (i) of this section.  If a
3-19     member is not appointed in the time provided by this subsection,
3-20     the supreme court shall make the appointment before the sixth day
3-21     after the last date on which the initial appointing authority could
3-22     have made the appointment.
3-23           (i)  The commission shall convene on the first business day
3-24     after January 31 of each year ending in one and shall adopt a
3-25     redistricting plan for the Texas Senate, Texas House of
3-26     Representatives, and the members of the United States House of
3-27     Representatives elected from this state not later than July 1 of
 4-1     that year, unless the federal decennial census is delivered to the
 4-2     appropriate officials of this state after May 1 of that year, in
 4-3     which event the commission shall adopt those redistricting plans
 4-4     not later than the 90th day after the date the census is delivered.
 4-5           (j)  If the commission does not adopt a plan within the time
 4-6     required by Subsection (i) of this section, the commission's
 4-7     authority to adopt a plan is suspended and the supreme court shall
 4-8     adopt a plan for the applicable legislative body not later than
 4-9     September 1 of the year in which the census is delivered, or the
4-10     60th day after the last date by which the commission is directed to
4-11     adopt a plan under Subsection (i) of this section, whichever date
4-12     is later.
4-13           (k)  The commission may reconvene on the motion of at least
4-14     four of its voting members at any time after the adoption of the
4-15     initial state senate, state house, or congressional redistricting
4-16     plan to modify that plan if the plan becomes unenforceable by order
4-17     of a court or by action of any other appropriate authority or is
4-18     subject to legal challenge in a court proceeding.  In modifying a
4-19     redistricting plan, the commission must comply with all applicable
4-20     standards imposed by this section, other provisions of this
4-21     constitution, and laws enacted under this section but is not
4-22     limited to modifications necessary to correct legal deficiencies.
4-23           (l)  The commission may reconvene to adopt a redistricting
4-24     plan if the supreme court does not adopt a plan for the applicable
4-25     body in the time provided by Subsection (j) of this section, if the
4-26     supreme court is required to adopt a plan for that body because the
4-27     commission did not adopt an initial plan for that body as required
 5-1     by Subsection (i) of this section.
 5-2           (m)  In a redistricting plan or modification of a plan
 5-3     adopted under this section:
 5-4                 (1)  each district must contain a population, excluding
 5-5     nonresident military personnel, as nearly equal as practicable to
 5-6     the population of any other district in the plan; and
 5-7                 (2)  to the extent reasonable, each district must
 5-8     contain contiguous territory, be compact and convenient, and be
 5-9     separated from adjoining districts by natural geographic barriers,
5-10     artificial barriers, or political subdivision boundaries.
5-11           (n)  The commission or supreme court may not draw a
5-12     redistricting plan purposely to favor or discriminate against any
5-13     political party or group.
5-14           (o)  The legislature shall enact laws consistent with this
5-15     section to implement this section.  The laws may include additional
5-16     qualifications for commission members and additional standards
5-17     applicable to redistricting plans.
5-18           (p)  The legislature shall appropriate money to enable the
5-19     commission to carry out its duties.
5-20           (q)  The supreme court has original jurisdiction to hear and
5-21     decide cases involving congressional or state legislative
5-22     redistricting, including a case involving a redistricting plan
5-23     adopted by the supreme court under this section.  A member of the
5-24     court is not disqualified from participating in a redistricting
5-25     case because the member has participated or may participate in the
5-26     adoption of a redistricting plan, but may recuse himself or herself
5-27     from the case.  This subsection supersedes any other law, including
 6-1     an applicable code of judicial conduct, with regard to conflicts of
 6-2     interest by a member of the court.
 6-3           (r)  This section takes effect January 1, 2011.  On that
 6-4     date, the Legislative Redistricting Board is abolished and Section
 6-5     28 of this article is repealed.  The Texas Redistricting Commission
 6-6     shall convene for the first time on the first business day after
 6-7     January 31, 2011.  The commission may not exercise any power under
 6-8     this section before that date.  This subsection expires January 1,
 6-9     2012.
6-10           SECTION 2.  Section 7a, Article V, Texas Constitution, is
6-11     amended by amending Subsections (e) and (i) and adding Subsection
6-12     (j) to read as follows:
6-13           (e)  Unless the legislature enacts a statewide
6-14     reapportionment of the judicial districts following each federal
6-15     decennial census, the board shall convene not later than the first
6-16     Monday of June of the third year following the year in which the
6-17     federal decennial census is taken to make a statewide
6-18     reapportionment of the districts.  The board shall complete its
6-19     work on the reapportionment and file its order with the secretary
6-20     of state not later than August 31 of the same year.  If the
6-21     Judicial Districts Board fails to make a statewide apportionment by
6-22     that date, the Texas [Legislative] Redistricting Commission [Board]
6-23     established by Article III, Section 28a [28], of this constitution
6-24     shall convene on September 1 of the same year to make a statewide
6-25     reapportionment of the judicial districts not later than the 90th
6-26     [150th] day after the final day for the Judicial Districts Board to
6-27     make the reapportionment.
 7-1           (i)  The legislature, the Judicial Districts Board, or the
 7-2     Texas [Legislative] Redistricting Commission [Board] may not
 7-3     redistrict the judicial districts to provide for any judicial
 7-4     district smaller in size than an entire county except as provided
 7-5     by this section.  Judicial districts smaller in size than the
 7-6     entire county may be created subsequent to a general election where
 7-7     a majority of the persons voting on the proposition adopt the
 7-8     proposition "to allow the division of ____________ County into
 7-9     judicial districts composed of parts of ____________ County."   No
7-10     redistricting plan may be proposed or adopted by the legislature,
7-11     the Judicial Districts Board, or the Texas [Legislative]
7-12     Redistricting Commission [Board] in anticipation of a future action
7-13     by the voters of any county.
7-14           (j)  Until January 1, 2011, a reference in this section to
7-15     the Texas Redistricting Commission means the Legislative
7-16     Redistricting Board established under Section 28, Article III, of
7-17     this constitution.  This subsection expires January 1, 2011.
7-18           SECTION 3.  This proposed constitutional amendment shall be
7-19     submitted to the voters at an election to be held November 6, 2001.
7-20     The ballot shall be printed to permit voting for or against the
7-21     following proposition: "The constitutional amendment establishing
7-22     the Texas Redistricting Commission after the federal census for the
7-23     year 2010 to redistrict the Texas Legislature and Texas
7-24     congressional districts, and revising the redistricting provisions
7-25     of the Texas Constitution."