Texas Attorney General Opinion: DM-6 Page: 1 of 13
This text is part of the collection entitled: Texas Attorney General Opinions and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
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DAN MORALES
ATTO RNEY GENERALFebruary 27, 1991
Honorable Chet Brooks
Chairman
Senate Committee of the Whole
on Redistricting
Legislature of the State of Texas
P.O. Box 12068
Austin, Texas 78711-2068
Honorable Tom Uher
Chairman
House Redistricting Committee
Texas House of Representatives
P.O. Box 2910
Austin, Texas 78768-2910Opinion No. DM-6
Re: Whether release of census counts
subject to possible adjustment constitutes
publication of the United States decennial
census for purposes of article III, section
28, of the Texas Constitution and related
questions (RQ-24)Dear Gentlemen:
You request advice on matters relating to the construction of article II, section 28,
of the Texas Constitution, the provision establishing the legislature's duty to apportion the
state into senatorial and representative districts.
The state constitution directs the legislature to apportion state senatorial and
representative districts ("legislative districts") at the first regular session "after the
publication of each United States decennial census." Tex. Const. art. III, 28. If, during
such session "following the publication of a United States decennial census," the legislature
fails[] to make such apportionment," the Legislative Redistricting Board ("LRB") is
required to apportion. Id.
A census publication during a regular session immediately activates the
constitutional apportionment duties of both the legislature and, if it fails, the LRB. Mauzx
v. Legislative Redistriqting Ed., 471 S.W.2d 570 (Tex. 1971). The underlying purpose of the
1948 constitutional amendment to article III, section 28, having been to "get on with the job
of... redistricting," the constitutional obligations are activated at the earliest possible
moment:p. 25
Office of the attorney 0encral
ptate of Texas
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Texas. Attorney-General's Office. Texas Attorney General Opinion: DM-6, text, February 27, 1991; (https://texashistory.unt.edu/ark:/67531/metapth273813/m1/1/?q=%22%22~1&rotate=0: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.