81R7599 JSA-D
By: Pena H.J.R. No. 90
A JOINT RESOLUTION
proposing a constitutional amendment limiting the time in which the
legislature may enact or modify districts for the state legislature
or the United States House of Representatives.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article III, Texas Constitution, is amended by
adding Section 28A to read as follows:
Sec. 28A. (a) Except as provided by Subsection (c) of this
section, the legislature may not enact a bill that provides for an
apportionment or modification of senatorial or representative
districts at a time other than the time in which the legislature is
required to make an apportionment under Section 28 of this article.
(b) Except as provided by Subsection (c) of this section,
the legislature may not enact a bill that provides for or modifies
the composition of districts for the election of members of the
United States House of Representatives at a time other than:
(1) the calendar year in which the federal decennial
census is released, if the census is released on or before September
1; or
(2) a 120-day period beginning on the day the census is
released, if the census is released after September 1.
(c) If a trial or appellate court or other governmental
agency with jurisdiction over the matter finds that one or more
districts in effect for or previously enacted or ordered for the
election of members of the legislature or the United States House of
Representatives are invalid or takes any action that has the effect
of prohibiting this state from holding elections in one or more of
those districts, the legislature may enact a bill described by
Subsection (a) or (b) of this section, as appropriate, relating to
the same legislative body within one year after the date of the
court or agency action, except that the legislature may not enact a
bill apportioning or modifying districts of a house of the
legislature during the period the Legislative Redistricting Board
has exclusive jurisdiction to act on those districts under Section
28 of this article.
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 limit the time in
which the legislature may enact or modify districts for the Texas
Legislature or the United States House of Representatives."