H.B. No. 2025
AN ACT
relating to certain statutes and governmental actions that relate
to the federal census.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2058.001(b), Government Code, is amended
to read as follows:
(b) A governmental entity shall recognize and act on a
published report or count relating to a federal decennial census
and released by the director of the Bureau of the Census of the
United States Department of Commerce on the later of:
(1) [on] September 1 of the year after the calendar
year during which the census was taken [if the report or count is
published on or before that date]; or
(2) [on] the first day of the first calendar month
occurring after the 150th day after the date of the [its]
publication of the report or count [if the report or count is
published after September 1 of the year after the calendar year
during which the census was taken].
SECTION 2. Section 2058.002, Government Code, is amended by
adding Subsections (c), (d), and (e) to read as follows:
(c) Nothing in this chapter prohibits the legislature from
acting on published reports and counts described by Section
2058.001(b) and relating to the 2020 federal decennial census,
regardless of the date the reports or counts are published.
(d) Notwithstanding any other law, the commissioners court
of a county may act on published reports or counts described by
Section 2058.001(b) and relating to the 2020 federal decennial
census, and any information provided by the state relating to
redistricting based on those reports or counts, in carrying out the
commissioners court's duties under Chapter 42, Election Code, with
respect to establishing or changing election precincts, regardless
of the date the reports or counts are published or the information
is provided or any required period for those duties as provided by
law.
(e) This subsection and Subsections (c) and (d) expire
September 1, 2023.
SECTION 3. Chapter 2058, Government Code, is amended by
adding Section 2058.0021 to read as follows:
Sec. 2058.0021. APPLICABILITY OF 2010 FEDERAL CENSUS;
TEMPORARY PROVISION. (a) Except as expressly provided by other law
and notwithstanding the definition of "population" in Sections
311.005 and 312.011, a statute that applies to a political
subdivision having a certain population according to the most
recent federal census:
(1) continues to apply to the same political
subdivisions to which the statute applied under the 2010 federal
census, regardless of whether the political subdivisions continue
to have the population prescribed by the statute according to the
2020 federal census; and
(2) does not apply to a political subdivision to which
the statute did not apply under the 2010 federal census, regardless
of whether the political subdivision has the population prescribed
by the statute according to the 2020 federal census.
(b) This section expires September 1, 2023.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2025 was passed by the House on May 4,
2021, by the following vote: Yeas 146, Nays 1, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2025 on May 28, 2021, by the following vote: Yeas 142, Nays 0,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2025 was passed by the Senate, with
amendments, on May 25, 2021, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor