| 1 | 1 | | 87R8246 SMT-D |
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| 2 | 2 | | By: Schofield H.J.R. No. 105 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A JOINT RESOLUTION |
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| 6 | 6 | | proposing a constitutional amendment allowing the legislature to |
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| 7 | 7 | | establish a special district to be the seat of state government. |
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| 8 | 8 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 58, Article III, Texas Constitution, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | Sec. 58. (a) The Legislature shall hold its sessions at the |
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| 12 | 12 | | [City of Austin, which is hereby declared to be the] seat of |
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| 13 | 13 | | government. |
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| 14 | 14 | | (b) Except as provided by Subsection (c) of this section, |
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| 15 | 15 | | the seat of government is the City of Austin. |
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| 16 | 16 | | (c) If the Legislature creates a State District under |
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| 17 | 17 | | Section 58-a, Article III, of this constitution, the seat of |
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| 18 | 18 | | government is the State District. |
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| 19 | 19 | | SECTION 2. Article III, Texas Constitution, is amended by |
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| 20 | 20 | | adding Section 58-a to read as follows: |
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| 21 | 21 | | Sec. 58-a. (a) The legislature by local law may establish |
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| 22 | 22 | | from part of the City of Austin a special district, to be known as |
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| 23 | 23 | | the State District, to be the seat of state government. |
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| 24 | 24 | | (b) The district shall be governed by a governing officer or |
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| 25 | 25 | | governing body as provided by the legislature by local law. The |
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| 26 | 26 | | legislature may enact local laws to govern the operation of the |
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| 27 | 27 | | district or to amend or repeal a law, ordinance, order, policy, or |
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| 28 | 28 | | other measure adopted by the governing officer or governing body of |
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| 29 | 29 | | the district. |
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| 30 | 30 | | (c) In apportioning the senate and house of |
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| 31 | 31 | | representatives, the legislature shall consider the district to be |
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| 32 | 32 | | part of Travis County. |
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| 33 | 33 | | SECTION 3. Section 28, Article III, Texas Constitution, is |
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| 34 | 34 | | amended to read as follows: |
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| 35 | 35 | | Sec. 28. The Legislature shall, at its first regular |
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| 36 | 36 | | session after the publication of each United States decennial |
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| 37 | 37 | | census, apportion the state into senatorial and representative |
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| 38 | 38 | | districts, agreeable to the provisions of Sections 25 and 26 of this |
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| 39 | 39 | | Article. In the event the Legislature shall at any such first |
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| 40 | 40 | | regular session following the publication of a United States |
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| 41 | 41 | | decennial census, fail to make such apportionment, same shall be |
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| 42 | 42 | | done by the Legislative Redistricting Board of Texas, which is |
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| 43 | 43 | | hereby created, and shall be composed of five (5) members, as |
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| 44 | 44 | | follows: The Lieutenant Governor, the Speaker of the House of |
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| 45 | 45 | | Representatives, the Attorney General, the Comptroller of Public |
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| 46 | 46 | | Accounts and the Commissioner of the General Land Office, a |
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| 47 | 47 | | majority of whom shall constitute a quorum. Said Board shall |
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| 48 | 48 | | assemble at the seat of government [in the City of Austin] within |
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| 49 | 49 | | ninety (90) days after the final adjournment of such regular |
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| 50 | 50 | | session. The Board shall, within sixty (60) days after assembling, |
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| 51 | 51 | | apportion the state into senatorial and representative districts, |
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| 52 | 52 | | or into senatorial or representative districts, as the failure of |
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| 53 | 53 | | action of such Legislature may make necessary. Such apportionment |
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| 54 | 54 | | shall be in writing and signed by three (3) or more of the members of |
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| 55 | 55 | | the Board duly acknowledged as the act and deed of such Board, and, |
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| 56 | 56 | | when so executed and filed with the Secretary of State, shall have |
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| 57 | 57 | | force and effect of law. Such apportionment shall become effective |
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| 58 | 58 | | at the next succeeding statewide general election. The Supreme |
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| 59 | 59 | | Court of Texas shall have jurisdiction to compel such Board to |
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| 60 | 60 | | perform its duties in accordance with the provisions of this |
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| 61 | 61 | | section by writ of mandamus or other extraordinary writs |
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| 62 | 62 | | conformable to the usages of law. The Legislature shall provide |
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| 63 | 63 | | necessary funds for clerical and technical aid and for other |
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| 64 | 64 | | expenses incidental to the work of the Board, and the Lieutenant |
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| 65 | 65 | | Governor and the Speaker of the House of Representatives shall be |
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| 66 | 66 | | entitled to receive per diem and travel expense during the Board's |
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| 67 | 67 | | session in the same manner and amount as they would receive while |
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| 68 | 68 | | attending a special session of the Legislature. |
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| 69 | 69 | | SECTION 4. This proposed constitutional amendment shall be |
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| 70 | 70 | | submitted to the voters at an election to be held on November 2, |
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| 71 | 71 | | 2021. The ballot shall be printed to provide for voting for or |
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| 72 | 72 | | against the proposition: "The constitutional amendment allowing |
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| 73 | 73 | | the legislature to establish from part of the City of Austin the |
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| 74 | 74 | | State District to be the seat of state government." |
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