Texas Attorney General Opinion: DM-6 Page: 3 of 13
13 p.View a full description of this text.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Honorable Chet Brooks - Page 3 (DM-6)
Honorable Tom Uher
'The population counts set forth herein are subject to possible
correction for undercount or overcount. The United States
Department of Commerce is considering whether to correct these
counts and will publish corrected counts, if any, not later than July 15,
1991.'
On February 5, 1991, the Census Bureau, an arm of the department, reported to the
Governor of Texas the population counts described in section 141(c) of title 13 of the
United States Code. The bureau describes these reports of population figures as "public
law 94-171 counts," in reference to the enactment that adopted the provision codified as
section 141(c). See generally Pub. L. No. 94-171, 89 Stat. 1023 (1975). These counts
contain the disclaimer required by paragraph 6 of the City of New York stipulation and
order.
NOTWITHSTANDING THEIR PROVISIONAL NATURE, THE RELEASE OF THE PUBLIC LAW
94-171 COUNTS ON FEBRUARY 5, 1991, IS A "PUBLICATION" UNDER TEXAS
CONSTITUTION ARTICLE III, SECTION 28, AND THE LEGISLATURE MAY PROCEED TO
FULFILL ITS LEGISLATIVE REDISTRICTING DUTIES
The release of the public law 94-171 counts means that the legislature now has
population counts at a geographic level sufficient to perform its task of legislative
redistricting. The question is whether the release of these counts is a "publication"
triggering the constitutionally imposed redistricting duties of the legislature and, if
necessary, the LRB. The question is one of state, not federal, law.
Because the 1948 state constitutional amendment (effective beginning in 1951) was
enacted without regard to the unique circumstances attending the 1990 census, we cannot
answer the crucial question without considering the purpose of the amendment and the
legal and practical consequences of taking the purpose into account in determining its
meaning and reach.
The task of discerning the amendment's basic purpose is eased enormously by the
Maun decision. The purpose of the amendment is to establish a structure which compels
expeditious reapportionment action for state legislative seats. That is, it forces the state
government to "get on" with the task of redistricting. The task is assigned initially to the
legislature. If it fails to act, even when it has had the necessary data only for a few days,
under Mauzy the task falls to the LRB.p. 27
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: DM-6, text, February 27, 1991; (https://texashistory.unt.edu/ark:/67531/metapth273813/m1/3/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.