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