HBA-RBT S.B. 412 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 412 By: Duncan Judicial Affairs 5/10/1999 Engrossed BACKGROUND AND PURPOSE Currently, the Texas Constitution requires the Judicial Districts Board (JDB) to make a statewide reapportionment of judicial districts, if the legislature fails to do so within a certain deadline. However, if the JDB is unsuccessful, the reapportionment responsibility falls to the Legislative Redistricting Board. Abolishing the Judicial Districts Board avoids a worst-case scenario in which both agencies fail to carry out the redistricting process. S.B. 412 abolishes the Judicial Districts Board, replaces it with the Legislative Redistricting Board, and streamlines the responsibilities of the new board. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 24.942(1), Government Code, to redefine "board" and sets forth that the Legislative Redistricting Board (board) is established by Section 28 (Time for Apportionment; Apportionment by Legislative Redistricting Board), Article III, Texas Constitution. SECTION 2. Amends Sections 24.943 and 24.944, Government Code, to make a conforming change, and delete text relating to reapportionment orders and responsibilities of the board. SECTION 3. Amends Section 24.945(e), Government Code, to make conforming changes. SECTION 4. Amends Section 24.946, Government Code, to require the board to meet in accordance with Section 7a (Judicial Districts Board; Reapportionment of Judicial Districts), Article V, Texas Constitution. Requires a peace officer to serve a subpoena issued by the board on the request of the presiding officer of the board, rather than the chairman. Deletes text requiring certain actions of the board regarding reapportionment work completion dates. Makes a nonsubstantive change. SECTION 5. Repealer: Section 24.947, Government Code (Reapportionment Orders). SECTION 6. Effective date: January 1, 2000, if the constitutional amendment to abolish Judicial Districts Board is approved by the voters. Provides that this Act has no effect if voters do not approve this constitutional amendment proposed by the 76th Legislature, Regular Session, 1999. SECTION 7. Emergency clause.