Texas 2009 - 81st Regular

Texas Senate Bill SJR41 Compare Versions

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1	1	By: Duncan S.J.R. No. 41
2	2	(In the Senate - Filed March 13, 2009; March 31, 2009, read
3	3	first time and referred to Committee on State Affairs;
4	4	May 12, 2009, reported favorably by the following vote: Yeas 8,
5	5	Nays 1; May 12, 2009, sent to printer.)
6	6
7	7
8	8	SENATE JOINT RESOLUTION
9	9	proposing a constitutional amendment to replace the attorney
10	10	general on the legislative redistricting board with the
11	11	commissioner of agriculture.
12	12	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 28, Article III, Texas Constitution, is
14	14	amended to read as follows:
15	15	Sec. 28. The Legislature shall, at its first regular
16	16	session after the publication of each United States decennial
17	17	census, apportion the state into senatorial and representative
18	18	districts, agreeable to the provisions of Sections 25 and 26 of this
19	19	Article. In the event the Legislature shall at any such first
20	20	regular session following the publication of a United States
21	21	decennial census, fail to make such apportionment, same shall be
22	22	done by the Legislative Redistricting Board of Texas, which is
23	23	hereby created, and shall be composed of five (5) members, as
24	24	follows: The Lieutenant Governor, the Speaker of the House of
25	25	Representatives, the Commissioner of Agriculture or other head of
26	26	the executive department that oversees agriculture in this state
27	27	[Attorney General], the Comptroller of Public Accounts and the
28	28	Commissioner of the General Land Office, a majority of whom shall
29	29	constitute a quorum. Said Board shall assemble in the City of
30	30	Austin within ninety (90) days after the final adjournment of such
31	31	regular session. The Board shall, within sixty (60) days after
32	32	assembling, apportion the state into senatorial and representative
33	33	districts, or into senatorial or representative districts, as the
34	34	failure of action of such Legislature may make necessary. Such
35	35	apportionment shall be in writing and signed by three (3) or more of
36	36	the members of the Board duly acknowledged as the act and deed of
37	37	such Board, and, when so executed and filed with the Secretary of
38	38	State, shall have force and effect of law. Such apportionment shall
39	39	become effective at the next succeeding statewide general election.
40	40	The Supreme Court of Texas shall have jurisdiction to compel such
41	41	Board to perform its duties in accordance with the provisions of
42	42	this section by writ of mandamus or other extraordinary writs
43	43	conformable to the usages of law. The Legislature shall provide
44	44	necessary funds for clerical and technical aid and for other
45	45	expenses incidental to the work of the Board, and the Lieutenant
46	46	Governor and the Speaker of the House of Representatives shall be
47	47	entitled to receive per diem and travel expense during the Board's
48	48	session in the same manner and amount as they would receive while
49	49	attending a special session of the Legislature.
50	50	SECTION 2. This proposed constitutional amendment shall be
51	51	submitted to the voters at an election to be held November 3, 2009.
52	52	The ballot shall be printed to permit voting for or against the
53	53	proposition: "The constitutional amendment to replace the attorney
54	54	general on the legislative redistricting board with the
55	55	commissioner of agriculture."
56	56	* * * * *