81R5599 JSA-D
By: Homer, Gutierrez H.J.R. No. 53
A JOINT RESOLUTION
proposing a constitutional amendment to replace the attorney
general on the legislative redistricting board with the
commissioner of agriculture.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28, Article III, Texas Constitution, is
amended to read as follows:
Sec. 28. The Legislature shall, at its first regular
session after the publication of each United States decennial
census, apportion the state into senatorial and representative
districts, agreeable to the provisions of Sections 25 and 26 of this
Article. In the event the Legislature shall at any such first
regular session following the publication of a United States
decennial census, fail to make such apportionment, same shall be
done by the Legislative Redistricting Board of Texas, which is
hereby created, and shall be composed of five (5) members, as
follows: The Lieutenant Governor, the Speaker of the House of
Representatives, the Commissioner of Agriculture or other head of
the executive department that oversees agriculture in this state
[Attorney General], the Comptroller of Public Accounts and the
Commissioner of the General Land Office, a majority of whom shall
constitute a quorum. Said Board shall assemble in the City of
Austin within ninety (90) days after the final adjournment of such
regular session. The Board shall, within sixty (60) days after
assembling, apportion the state into senatorial and representative
districts, or into senatorial or representative districts, as the
failure of action of such Legislature may make necessary. Such
apportionment shall be in writing and signed by three (3) or more of
the members of the Board duly acknowledged as the act and deed of
such Board, and, when so executed and filed with the Secretary of
State, shall have force and effect of law. Such apportionment shall
become effective at the next succeeding statewide general election.
The Supreme Court of Texas shall have jurisdiction to compel such
Board to perform its duties in accordance with the provisions of
this section by writ of mandamus or other extraordinary writs
conformable to the usages of law. The Legislature shall provide
necessary funds for clerical and technical aid and for other
expenses incidental to the work of the Board, and the Lieutenant
Governor and the Speaker of the House of Representatives shall be
entitled to receive per diem and travel expense during the Board's
session in the same manner and amount as they would receive while
attending a special session of the Legislature.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 3, 2009.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment to replace the
attorney general on the legislative redistricting board with the
commissioner of agriculture."