Summary of the Redistricting Process

Note: This summary does not address judicial redistricting.

Every decade presents different challenges and reflects the wills of the various players involved during that period. The history of the redistricting process during the 1980s, 1990s, 2000s, and of the 2010s process to date, illustrates some of the different courses decennial redistricting can take. The timing and legal requirements, however, dictate that the basic process likely takes the following course, which is described in more detail in the associated sections.

Census population data is delivered to the legislature no later than April 1 of the year following the decennial census, and perhaps as much as six weeks earlier. As soon as the census data is loaded in the computer systems, the members of the legislature, their designees, and other interested parties begin drawing plans. Bills to enact new redistricting plans follow the same path through the legislature as other legislation.

If Texas senate or house districts are not enacted during the first regular session following the publication of the decennial census, the Texas Constitution requires that the Legislative Redistricting Board (LRB) meet and adopt its own plan. The LRB has jurisdiction only in the months following the legislature's first redistricting effort. Any legislative or LRB plan must be submitted to the U.S. Department of Justice or the U.S. District Court for the District of Columbia for preclearance under Section 5 of the Voting Rights Act of 1965.

If congressional or State Board of Education districts are not enacted during the regular session, the governor may call a special session to consider the matter. If the governor does not call a special session, then a state or federal district court likely will issue court-ordered plans.

A suit against an adopted redistricting plan may be brought at any time under the federal or state constitution or federal law. Note that plans drawn by a federal court do not need to obtain Section 5 preclearance, while plans drawn by a state court do require preclearance.

The filing deadline for primary elections established by the Texas Elections Code allows approximately seven months from the end of the regular legislative session for the governor to act on any redistricting legislation passed, for the LRB to meet if necessary, for any special session called to consider redistricting if necessary, for obtaining preclearance under Section 5 of the Voting Rights Act, for court action, and for counties to make necessary changes in county election precincts.