HBA-CCH H.B. 721 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 721 By: Jones, Delwin Redistricting 4/6/2001 Introduced BACKGROUND AND PURPOSE The United States Supreme Court has ruled that under the Equal Protection Clause of the 14th Amendment of the United States Constitution districts used to elect a representative body, such as the State Board of Education, must be substantially equal in population. This is sometimes referred to as the one-person, onevote principle. Further refinement of this principle has led to the creation of the so-called 10 percent rule for representative districts. If the difference between the population of the largest and smallest districts in a redistricting plan is less than 10 percent, the state is not required to provide further justification for the difference in a court challenge under the one-person, one-vote principle. If the difference in population of the largest and smallest districts in the plan is more than 10 percent, a justification is required. Courts have been unwilling to accept any justification when the difference between the largest and smallest districts exceeds 20 percent. On March 12, 2001, the state received the census data for the 2000 federal census. Based on the total statewide population of 20,851,820, the ideal population of a State Board of Education district is 1,390,121. In the current State Board of Education plan based on the 2000 census the largest district (District 10) has a population of 1,660,404, or 19.44% over the ideal district. The smallest district (District 15) has a population of 1,202,452, or 13.5% less than the ideal district. The total range of deviation between the largest and smallest districts is almost 33%. House Bill 721 provides a means for implementing new State Board of Education districts that comply with the population equality standards imposed by the federal constitution. 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 721 amends the Education Code to modify the composition of the State Board of Education districts: _Matagorda County is transferred from District 2 to District 7; _Concho County is transferred from District 5 to District 15; and _Cass County is transferred from District 8 to District 9. This Act applies to the election of the members of the State Board of Education beginning with the primary and general election in 2002 for board members whose terms of office begin January 1, 2003. This Act does not affect the membership or districts of the State Board of Education for a term of office that begins before January 1, 2003. This Act constitutes a decennial reapportionment for the purposes of establishing an elected member from each district and the term each member is required to serve. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.