HJR86 - Proposing a constitutional amendment allowing the legislature to establish a special district to be the seat of state government.

      By: Cain H.J.R. No. 86       A JOINT RESOLUTION   proposing a constitutional amendment allowing the legislature to   establish a special district to be the seat of state government.          BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 58, Article III, Texas Constitution, is   amended to read as follows:          Sec. 58.  (a)  The Legislature shall hold its sessions at   the [City of Austin, which is hereby declared to be the] seat of   government.          (b)  Except as provided by Subsection (c) of this section,   the seat of government is the City of Austin.          (c)  If the Legislature creates a District of Austin under   Section 58-a, Article III, the seat of government is the District of   Austin.          SECTION 2.  Article III, Texas Constitution, is amended by   adding Section 58-a to read as follows:          Sec. 58-a.  (a)  The legislature by local law may establish   from all or part of Travis County a special district, to be known as   the District of Austin, to be the seat of state government.          (b)  The district shall be governed by a governing officer or   governing body as provided by the legislature by local law.  The   legislature may enact local laws to govern the operation of the   district or to amend or repeal a law, ordinance, order, policy, or   other measure adopted by the governing officer or governing body of   the district.          (c)  The legislature may provide that a governing officer of   the district serves a term of office not to exceed four years.          (d)  In apportioning the senate and house of   representatives, the legislature shall consider the district to be   part of Travis County.          SECTION 3.  Section 28, Article III, Texas Constitution, is   amended to read as follows:          Sec. 28.  The Legislature shall, at its first regular   session after the publication of each United States decennial   census, apportion the state into senatorial and representative   districts, agreeable to the provisions of Sections 25 and 26 of this   Article.  In the event the Legislature shall at any such first   regular session following the publication of a United States   decennial census, fail to make such apportionment, same shall be   done by the Legislative Redistricting Board of Texas, which is   hereby created, and shall be composed of five (5) members, as   follows: The Lieutenant Governor, the Speaker of the House of   Representatives, the Attorney General, the Comptroller of Public   Accounts and the Commissioner of the General Land Office, a   majority of whom shall constitute a quorum.  Said Board shall   assemble at the seat of government [in the City of Austin] within   ninety (90) days after the final adjournment of such regular   session.  The Board shall, within sixty (60) days after assembling,   apportion the state into senatorial and representative districts,   or into senatorial or representative districts, as the failure of   action of such Legislature may make necessary.  Such apportionment   shall be in writing and signed by three (3) or more of the members of   the Board duly acknowledged as the act and deed of such Board, and,   when so executed and filed with the Secretary of State, shall have   force and effect of law.  Such apportionment shall become effective   at the next succeeding statewide general election.  The Supreme   Court of Texas shall have jurisdiction to compel such Board to   perform its duties in accordance with the provisions of this   section by writ of mandamus or other extraordinary writs   conformable to the usages of law.  The Legislature shall provide   necessary funds for clerical and technical aid and for other   expenses incidental to the work of the Board, and the Lieutenant   Governor and the Speaker of the House of Representatives shall be   entitled to receive per diem and travel expense during the Board's   session in the same manner and amount as they would receive while   attending a special session of the Legislature.          SECTION 4.  This proposed constitutional amendment shall be   submitted to the voters at an election to be held on November 4,   2025.  The ballot shall be printed to provide for voting for or   against the proposition: "The constitutional amendment allowing   the legislature to establish from all or part of Travis County the   District of Austin to be the seat of state government."