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.