HBA-CBW C.S.H.J.R. 95 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.J.R. 95 By: Deshotel Redistricting 4/17/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE The Texas Constitution requires the legislature to redistrict the state into state senatorial and representative districts. Given that the regular legislative session begins in January and ends in May and that the United States Census Bureau statistics are not usually released until April, lawmakers have minimal time to complete a redistricting plan. A special legislative session may allow lawmakers to complete the redistricting process without hindering the completion of other legislative matters. As proposed, C.S.H.J.R. 95 requires the submission to the voters of a constitutional amendment prohibiting the legislature from enacting redistricting law during the regular session and requiring the legislature to convene a special session to enact laws to redistrict the state's legislative and congressional districts. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this resolution does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.J.R. 95 amends the Texas Constitution to prohibit the legislature from enacting a law redistricting the state's senate, representative, or congressional districts during the first regular session after the publication of the United States decennial census. The bill requires the legislature to convene, on the first Tuesday that occurs at least seven days after the date the regular session adjourns, in a special session to enact laws to redistrict the state's senate, representative, or congressional districts. The resolution prohibits legislation on other subjects from being considered in the special session unless designated in a proclamation by the governor. The resolution prohibits the special session from exceeding 45 days in duration. The resolution provides that if the legislature, during the special session, fails to enact laws to redistrict the state's senate or representative districts, the Legislative Redistricting Board of Texas (board) is required to provide for the redistricting. The resolution requires the board to provide for the redistricting, not later than the 45th day after the date of the adjournment of the special session. FOR ELECTION This proposed constitutional amendment shall be submitted to the voters at an election to be held on November 6, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.J.R. 95 differs from the original bill by prohibiting the legislature from enacting redistricting law during the regular session and requiring the legislature to convene in a special session to enact law regarding redistricting, rather than the governor calling the special session. The substitute also prohibits the special session from exceeding 45 days, rather than 60 days.