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