HBA-CBW H.B. 2854 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2854 By: Garcia Redistricting 4/5/2001 Introduced BACKGROUND AND PURPOSE Data has been presented indicating that a large percentage of African Americans and Hispanic Americans in Texas may have been undercounted in the 2000 federal census. Many of the presumed undercounts occurred in urban and low-income areas. Failure to use the adjusted data from the 2000 federal census may result in losses of millions of dollars of federal funds to Texas while also affecting the way congressional and state political lines are drawn. House Bill 2854 requires the use of adjusted numbers in implementing redistricting plans for local state, and federal election districts. 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. ANALYSIS House Bill 2854 amends the Government Code to provide that if adjusted 2000 census data are available not less than 10 days before a governmental body enacts, adopts, orders, or approves a redistricting plan, the governmental body, including the legislature, the Legislative Redistricting Board, or a state court, is required to: _use adjusted 2000 census data as the primary data for creating and analyzing districts, wards, or precincts in the redistricting plan; and _ensure that in the redistricting plan that each election district, ward, or precinct does not vary by more than five percent from the ideal population applicable to those districts, wards, or precincts according to the adjusted 2000 census data. The bill establishes that in a political subdivision divided into more than one class of election districts, wards, or precincts, each class of election district, ward, or precinct is considered a separate redistricting plan. The provisions of the bill expire January 1, 2011. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.