Texas 2009 - 81st Regular

Texas House Bill HJR53 Compare Versions

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1	1	81R5599 JSA-D
2	2	By: Homer, Gutierrez H.J.R. No. 53
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment to replace the attorney
7	7	general on the legislative redistricting board with the
8	8	commissioner of agriculture.
9	9	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 28, Article III, Texas Constitution, is
11	11	amended to read as follows:
12	12	Sec. 28. The Legislature shall, at its first regular
13	13	session after the publication of each United States decennial
14	14	census, apportion the state into senatorial and representative
15	15	districts, agreeable to the provisions of Sections 25 and 26 of this
16	16	Article. In the event the Legislature shall at any such first
17	17	regular session following the publication of a United States
18	18	decennial census, fail to make such apportionment, same shall be
19	19	done by the Legislative Redistricting Board of Texas, which is
20	20	hereby created, and shall be composed of five (5) members, as
21	21	follows: The Lieutenant Governor, the Speaker of the House of
22	22	Representatives, the Commissioner of Agriculture or other head of
23	23	the executive department that oversees agriculture in this state
24	24	[Attorney General], the Comptroller of Public Accounts and the
25	25	Commissioner of the General Land Office, a majority of whom shall
26	26	constitute a quorum. Said Board shall assemble in the City of
27	27	Austin within ninety (90) days after the final adjournment of such
28	28	regular session. The Board shall, within sixty (60) days after
29	29	assembling, apportion the state into senatorial and representative
30	30	districts, or into senatorial or representative districts, as the
31	31	failure of action of such Legislature may make necessary. Such
32	32	apportionment shall be in writing and signed by three (3) or more of
33	33	the members of the Board duly acknowledged as the act and deed of
34	34	such Board, and, when so executed and filed with the Secretary of
35	35	State, shall have force and effect of law. Such apportionment shall
36	36	become effective at the next succeeding statewide general election.
37	37	The Supreme Court of Texas shall have jurisdiction to compel such
38	38	Board to perform its duties in accordance with the provisions of
39	39	this section by writ of mandamus or other extraordinary writs
40	40	conformable to the usages of law. The Legislature shall provide
41	41	necessary funds for clerical and technical aid and for other
42	42	expenses incidental to the work of the Board, and the Lieutenant
43	43	Governor and the Speaker of the House of Representatives shall be
44	44	entitled to receive per diem and travel expense during the Board's
45	45	session in the same manner and amount as they would receive while
46	46	attending a special session of the Legislature.
47	47	SECTION 2. This proposed constitutional amendment shall be
48	48	submitted to the voters at an election to be held November 3, 2009.
49	49	The ballot shall be printed to permit voting for or against the
50	50	proposition: "The constitutional amendment to replace the
51	51	attorney general on the legislative redistricting board with the
52	52	commissioner of agriculture."