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.