Untitled Texas Attorney General Opinion ( 1957 )

May 7, 1957
Honorable Crawford C. Martin,
Chairman, Senate Committee on
Legislative, Congressional and
Judicial Districts,
Capitol Station,
.Austin, Texas Opinion No. WW-118.
Re: Validity of House Bill 229
Dear Senator Martin: of the 55th Legislature.
You have requested our opinion on the validity of House
Bill 229 of the 55th Legislature. You stated in your request:
“I am sending you a copy of House Bill 229
with Committee Amendment #l. You will note that
Committee Amendment #l seeks to provide that the
two Congressmen from Harris County will be elected
at large from the eighth and twenty-second Congres-
sional Districts, which districts shall compose Harris
county.
“A question has been raised as to whether or
not it is necessary that the county be divided into two
Congressional Districts or can it be done in this
fashion.
“We would appreciate your advising as to
whether or not a congressional redistricting bill
authorizing two Congressmen from Harrts County,
both to be elected at large over the County, violates
any provision of the Federal or State Constitution or
Statutes.
“This same question is relevant in reference
to Senate Bill 69 which is currently pending in the
Committee.
“We would appreciate your advice on this
subject at the earliest possible time.”
Honorable Crawford C. Martin, Page 2 (WW-118)
House Bill 229 is a bill to apportion the State of Texas
into congressional districts and provide for the election of a
member of the Congress of the United States from each district.
The bill contains only one subject, and the caption properly informs
members of the Legislature and everyone concerned with House
Bill 229 of the matters contained in the body of the bill. Therefore,
there is no constitutional objection to the form of House Bill 229.
Under the provisions of House Bill 229 as amended by
the adoption of Committee Amendment No. 1, the Eighth and Twenty-
second Congressional Districts will be composed of Harris County
if the provisions of House Bill 229 are enacted into law.
Section 2 of the 14th Amendment to the Constitution of the
United States provides in part:
“Representatives shall be apportioned among
the several states according to their respective
numbers. . ,‘I
While Congress at one time required states to apportion
its congressional districts into contiguous and compact territories
containing as nearly as practical, an equal number of inhabitants
f2 U.S.C.A., 8 3, 37 Stat. 14 - Smiley v. Helm, 285 U.S. 355, (1932);
Wood v. Bloom, 287 U.S. 1, (1932); Watts v. O’Connell, 247 S.W.2d
531 (Kentucky, 195217, Congress has now provided:
“Until a State is redistricted in the manner
provided by the law thereof after any apportionment,
the Representatives to which such State is entitled
under such apportionment shall be elected in the
following manner: (1) If there is no change in the
number of Representatives, they shall be elected
from the districts then prescribed by the law of such
State, and if any of them are elected from the State
at large they shall continue to be so elected; (2) if
there is an increase in the number of Representatives,
such additional Representative or Representatives
shall be elerted from the State at large and the other
Representatives from the districts then prescribed
by the law of such State; (3) if there is a decrease in
the number of Representatives but the number of
districts in such State is equal to such decreased
number of Representatives, they shall be elected
from the districts then prescribed by the law of such
State; (4) if there is a decrease in the number of
Representatives but the number of districts in such
Honorable Crawford C. Martin, Page 3 (WW-118).
State is less than ,such number of Repre~sentatives,
the number of Representatives by which such number
of districts is exceeded shall be elected from the
State at large and the other Representatives from the
districts then prescribed by the law of such State; or
(5) if there is a decrease in the number of Represen-
tatives and the number of districts in such State
I exceeds such decreased number of Representatives,
they shall be elected from the State at large.” 2 U.S.C.A.
g 2a, subdivision (c).
Under the Federal Constitution and Acts of Congress, it is
left up to the individual states to redistrict the state into congressional
districts, and Congress has provided that additional Representatives
allocated to the state under congressional reapportionment must be
elected by the state at large until a new districting statute dividing
the state into a number of congresstonal districts allocated by the
reapportionment has been enacted by the state. Koenig v. Flynn,
285 U.S. 375, (1932). We know of no provision, either in the State ;or
Federal Constitutions or Acts of Congress which requires congres-
sional districts to be composed of contiguous territories contatning an
equal number of inhabitants. Therefore, it is our opinion that the
Legislature has the power to provide that Harris County sh,all elect
two members of Congress rather than dividing Harris County by
metes and bounds into two congressional districts.
In view of the foregoing, it ts,our opinion that the provis-
ions of House Bill 229, of the 55th Legislature as submitted are
constitutional and valtd.
However, we should point out that Congress is the judge
of its own membership, and we are informed that there has not
been an arrangement resembling this type of apportionment of a
state into congressional districts for over one hundred years.
Therefore, this method may be questioned in Congress.
SUMMARY
The provisions of House Bill 229 of the
55th Legislature, redistricting the State into
congressional dtstricts whereinthe’eighth and
.
.. .
Honorable Crawford C. Martin, Page 4 (WW-118).
twenty-second congressional districts will
be composed of Harris County if enacted
into law, is constitutional as su,bmitted.
Yours very truly,
WILL WILSON
Attorney General of Texas ’
Assistant
JR:pf
APPROVED:
OPINION COMMIT TEE
H. Grady Chandler, Chairman
J. C. Davis, Jr.
Jas. H. ‘Rogers
REVIEWED FOR THE ATTORNEY GENERAL
By: Gao. P. Blackburn