Bill Text: TX HJR86 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Proposing a constitutional amendment allowing the legislature to establish a special district to be the seat of state government.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-11-12 - Filed [HJR86 Detail]
Download: Texas-2025-HJR86-Introduced.html
| By: Cain | H.J.R. No. 86 | |
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| 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." | ||
