| 1 | 1 | | 85R12634 ADM-D |
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| 2 | 2 | | By: Alonzo H.B. No. 2436 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the protection of the rights of Texas voters without |
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| 8 | 8 | | regard to race, color, ethnicity, or membership in a language |
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| 9 | 9 | | minority group. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 276, Election Code, is amended by adding |
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| 12 | 12 | | Section 276.011 to read as follows: |
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| 13 | 13 | | Sec. 276.011. CIVIL ACTION: DILUTION OF VOTING RIGHTS. (a) |
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| 14 | 14 | | A law of this state or a regulation, rule, order, ordinance, |
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| 15 | 15 | | practice, or procedure of a political subdivision of this state may |
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| 16 | 16 | | not be enacted, adopted, or applied in a manner that results in the |
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| 17 | 17 | | denial or abridgement of the right of an individual to vote on |
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| 18 | 18 | | account of race, color, ethnicity, or membership in a language |
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| 19 | 19 | | minority group. For purposes of this section, an individual's |
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| 20 | 20 | | ethnicity includes the individual's membership in a group that |
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| 21 | 21 | | shares a common primary language. |
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| 22 | 22 | | (b) An individual affected by a law or other measure |
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| 23 | 23 | | described by Subsection (a) may bring a civil action to enforce |
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| 24 | 24 | | Subsection (a). A violation of Subsection (a) is established if, |
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| 25 | 25 | | based on the totality of the circumstances, it is shown that the |
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| 26 | 26 | | political processes leading to nomination or election in this state |
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| 27 | 27 | | or a political subdivision of this state are not equally open to |
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| 28 | 28 | | participation by individuals of a particular race, color, |
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| 29 | 29 | | ethnicity, or language minority group, in that the members of that |
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| 30 | 30 | | group have less opportunity than other members of the electorate to |
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| 31 | 31 | | participate in the political process or to elect representatives of |
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| 32 | 32 | | their choice. |
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| 33 | 33 | | (c) In determining whether a political process is not |
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| 34 | 34 | | equally open to individuals of a particular race, color, ethnicity, |
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| 35 | 35 | | or language minority group, a court may not consider the |
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| 36 | 36 | | citizenship of members of the group, including considering the |
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| 37 | 37 | | citizenship in any manner that excludes individuals who are not |
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| 38 | 38 | | citizens from an estimate of the potential voting strength of the |
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| 39 | 39 | | group. |
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| 40 | 40 | | (d) An action under this section may be brought only: |
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| 41 | 41 | | (1) by a resident of the state in a district court in |
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| 42 | 42 | | the county in which the person resides, for a state law; or |
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| 43 | 43 | | (2) by a resident of the political subdivision in a |
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| 44 | 44 | | district court in a county in which the political subdivision is |
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| 45 | 45 | | located, for a regulation, rule, order, ordinance, practice, or |
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| 46 | 46 | | procedure of a political subdivision. |
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| 47 | 47 | | (e) A finding of the district court under this section may |
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| 48 | 48 | | be appealed in the same manner as provided by general law for other |
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| 49 | 49 | | civil cases in district courts. |
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| 50 | 50 | | SECTION 2. This Act takes effect September 1, 2017. |
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