Bill Text: TX HB2436 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the protection of the rights of Texas voters without regard to race, color, ethnicity, or membership in a language minority group.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-22 - Referred to Elections [HB2436 Detail]
Download: Texas-2017-HB2436-Introduced.html
85R12634 ADM-D | ||
By: Alonzo | H.B. No. 2436 |
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relating to the protection of the rights of Texas voters without | ||
regard to race, color, ethnicity, or membership in a language | ||
minority group. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 276, Election Code, is amended by adding | ||
Section 276.011 to read as follows: | ||
Sec. 276.011. CIVIL ACTION: DILUTION OF VOTING RIGHTS. (a) | ||
A law of this state or a regulation, rule, order, ordinance, | ||
practice, or procedure of a political subdivision of this state may | ||
not be enacted, adopted, or applied in a manner that results in the | ||
denial or abridgement of the right of an individual to vote on | ||
account of race, color, ethnicity, or membership in a language | ||
minority group. For purposes of this section, an individual's | ||
ethnicity includes the individual's membership in a group that | ||
shares a common primary language. | ||
(b) An individual affected by a law or other measure | ||
described by Subsection (a) may bring a civil action to enforce | ||
Subsection (a). A violation of Subsection (a) is established if, | ||
based on the totality of the circumstances, it is shown that the | ||
political processes leading to nomination or election in this state | ||
or a political subdivision of this state are not equally open to | ||
participation by individuals of a particular race, color, | ||
ethnicity, or language minority group, in that the members of that | ||
group have less opportunity than other members of the electorate to | ||
participate in the political process or to elect representatives of | ||
their choice. | ||
(c) In determining whether a political process is not | ||
equally open to individuals of a particular race, color, ethnicity, | ||
or language minority group, a court may not consider the | ||
citizenship of members of the group, including considering the | ||
citizenship in any manner that excludes individuals who are not | ||
citizens from an estimate of the potential voting strength of the | ||
group. | ||
(d) An action under this section may be brought only: | ||
(1) by a resident of the state in a district court in | ||
the county in which the person resides, for a state law; or | ||
(2) by a resident of the political subdivision in a | ||
district court in a county in which the political subdivision is | ||
located, for a regulation, rule, order, ordinance, practice, or | ||
procedure of a political subdivision. | ||
(e) A finding of the district court under this section may | ||
be appealed in the same manner as provided by general law for other | ||
civil cases in district courts. | ||
SECTION 2. This Act takes effect September 1, 2017. |