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, and 2000s illustrates some of the different courses decennial redistricting can take. The timing and legal requirements, however, dictate that the basic process will likely take the following course, which is described in more detail in the associated sections.

During 2010, the legislative committees with redistricting jurisdiction may hold public hearings around the state. The April 1, 2010, census population data will be delivered to the legislature no later than April 1, 2011, and perhaps as much as six weeks earlier. As soon as the data is loaded in the computer systems, the members of the legislature, their designees, and other interested parties will begin drawing plans. Bills to enact new redistricting plans will follow the same path through the legislature as other legislation.

If the Texas senate or house districts are not enacted during the 82nd Legislature, Regular Session, the Texas Constitution requires that the Legislative Redistricting Board (LRB) meet and adopt its own plan. 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 the 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 draw the plan.

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 the 2012 primary elections 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.

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