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Salsa2journal 1..58 SENATE JOURNAL SEVENTY-EIGHTH LEGISLATURE Ð THIRD CALLED SESSION AUSTIN, TEXAS PROCEEDINGS AiDiDiEiNiDiUiM EIGHTH DAY (Wednesday, September 24, 2003) COMMITTEEiiSUBSTITUTE HOUSE BILLi3 ON THIRD READING The following remarks regarding CSHBi3 were ordered reduced to writing and printed in the Senate Journal: President:iiMembers, the Chair lays out on third reading and final passage the Committee Substitute to House Bill 3, the Secretary will read the caption. Secretary of the Senate:iiCommittee Substitute for House Bill 3, relating to the composition of the districts for the election of Members of the United States House of Representatives from the State of Texas. President:iiThe Chair recognizes Senator Staples to explain the motion. Senator Staples:iiThank you Mr. President. Senators, being distributed to your desk, Legislative Council has revised the map that was presented to you yesterday incorporating the two amendments that were adopted. That information along with the statistical information is being distributed to you on your desk. This is a process that has received full and open debate in forms that are even new to a redistricting process, and I believe that the questions have been examined exhaustively, and would move the map at the appropriate time. President:iiSenator Barrientos, for what purpose do you rise? Senator Barrientos:iiWill the gentleman yield for a couple of three questions? President:iiWould Senator Staples yield? Senator Staples:iiI ll' yield for some questions. Senator Barrientos:iiSenator Staples, is this the very map that we ve' spent, since January until today, discussing the overall issues of congressional redistricting? Is that what we are talking about here on a, what is it, third reading? Senator Staples:iiThis is the very issue. Not this particular map, but this is the issue, Senator, that has dominated the headlines in our state for most of this year and other states as well. 2 78th Legislature Ð Third Called Session 8th Day-A Senator Barrientos:iiI believe for the first time in history, in history, Texas and Colorado, this is what has been done without court order. Senator Staples:iiI don t' think that is exactly right. Senator Barrientos:iiTell me where I am wrong. Senator Staples:iiWell New Mexico, Democrats in New Mexico pushed a redistricting bill to the State Senate. Senator Barrientos:iiWhen was that? Senator Staples:iiThis spring, that session concluded March of 2003, to revise, without a court order, to revise a congressional district to make it less friendly to a GOP incumbent. Senator Barrientos:iiAnd do they have GOP incumbents now? Senator Staples:iiSure. Senator Barrientos:iiWell, Senator, we should know about New Mexico, we just spent 45 days there. Senator Staples:iiI thought it was very appropriate to be there while at the same place was occurring what you protesting. (inaudible, overlapping conservation) Senator Barrientos:iiWell if you let me finish my question. If the Governor of New Mexico wanted to do what you are doing here in Texas they could do it, but he chooses not to. I ve' spoken to him personally, so have several of my colleagues. Now let me ask you, what is the need again, refresh our memories, for this piece of legislation, why are we doing this? Senator Staples:iiRedistricting is a legislative responsibility as delegated to the legislature by the constitution. Courts have repeatedly stated that legislators abdicate their responsibility to the courts, and they should address that issue. Therefore the Legislature has never taken up this issue. We are attempting to take up this issue now, and that is why we are taking up this matter at this time. Senator Barrientos:iiAh, but let me see now, Senator, you say this Legislature has not taken up this issue. Was it not in 2001 when the Republican Senators used the two-thirds rule to prohibit redistricting on the floor of this Senate, yes or no? Senator Staples:iiWhat redistricting are you referring to? Senator Barrientos:iiWhat, what? Senator Staples:iiWhat redistricting are you referring to? Senator Barrientos:iiCongressional redistricting and House and Senate redistricting. Senator Staples:iiI would say absolutely not, Senator. Senator Barrientos:iiThat s' not true? Senator Staples:iiThe records reflect Senate Bill 500 was never voted on in committee that was comprised of an equal number of Democrats and Republicans. That committee had a scheduled public hearing on May the 9th, so therefore there was never a bill out that even had a vote in the Senate committee process. Wednesday, September 24, 2003 SENATE JOURNAL 3 Senator Barrientos:iiWell, Senator, you can spin whatever± Senator Staples:iiThat s' not spinning, that s' the fact as recorded by our Legislative Council. Senator Barrientos:iiSenator, if I can finish my question. Senator, you can spin whatever you want into it, but the fact is that Republicans used the two-thirds rule to prevent redistricting in the State of Texas in 2001. And not only that, Senator, is it not true that the Governor, that the Attorney General didn t' choose to call a special session or prevent the bill that the three-judge federal panel put into place, the map that was put into place? They didn t' choose at that time to fight it, is that true or not? Senator Staples:iiWell you just said something that I said was inaccurate, so if you could break down your question, Senator, you stated that redistricting was stopped and we need to be definitive on what redistricting you were speaking of and referring to. Senator Barrientos:iiSenator, you are not an attorney, are you? Senator Staples:iiNo, sir. Senator Barrientos:iiOK, I m' sorry, that sounded a little bit like an attorney, but anyway let me ask you, did± Senator Staples:iiLet s' not get personal on the floor and talk ugly about me now, Senator. Senator Barrientos:iiWell, Senator, you know you can say all you want about attorneys, but when you want a good one you re' going to go out and find the best one you can find, and you will need one before it s' all over, believe me, on this plan. I don t' think I am going to take any more time. I think that the news media, the people in the gallery, and the people in Texas know what is really going on here, but I thank you for your cordiality. Senator Staples:iiThank you Senator Barrientos. President:iiSenator Lucio, for what purpose do you rise? Senator Lucio:iiWill the gentleman yield? President:iiWill Senator Staples yield to Senator Lucio? Senator Staples:iiI yield for some questions. Senator Lucio:iiSenator, I find it quite amusing that you just told Senator Barrientos that this is the legislative duty that, in terms of this redistricting plan that we are working on, when, in fact, and I ll' go back to 2001, you know, as Senator Barrientos said, the Republicans really thwarted any efforts by the Legislature at all to be able to go forward in redistricting. I remember Senator Sibley standing right there, you know, and working on killing redistricting back in 2001. My question is did you commit to Senator Sibley at that point. Were you one of the 11 back in 2001 that kept this from going forward on redistricting? Senator Staples:iiSenator Lucio, as I stated yesterday, there are several redistricting bills that were before, were issues in the 2001 legislative session. One of them happened to be Senate lines that were legislative redistricting. The congressional 4 78th Legislature Ð Third Called Session 8th Day-A district lines that are before us today were never passed out of committee and to my knowledge, (overlapping conservation) to my knowledge there was never an attempt to get 11 Republicans together to block a congressional redistricting bill because there was never a bill that was before us. It never made it out of committee and regard to the Senate redistricting lines as I stated yesterday, yes I was opposed to bringing that to the floor because the Senate lines that I was concerned about had not been addressed at that time. Senator Lucio:iiSo what you are telling me, that you weren t' part of the 11 Republican Senators in 2001 that approached then Governor Ratliff, Lieutenant Governor Ratliff, stating that you were opposed for us to take up redistricting at that time. You are telling me that you did not commit in any way to Senator Sibley at that time? Senator Staples:iiSenator, I just told you in an issue of Senate redistricting± Senator Lucio:iiI know what you said, but I am just asking you outside of the committee. Senator Staples:iiAre you referring to congressional redistricting, Senate redistricting, House redistricting? Senator Lucio:iiAll three. Senator Staples:iiTo my knowledge there was only one attempt, that there was a bill before us and that was the Senate redistricting. Congressional redistricting was never reported out of committee and was not even a topic on the radar screen at that time. Senator Lucio:iiWell, you know, yesterday, I beg to differ with you. I think you all stopped redistricting. You went up to the Lieutenant Governor at that time and you said, we are not going to go forward, we ve' got 11 votes to stop this, and that s' fine and dandy, that s' history, you got the votes. But I am taking issue with you scolding me and other Democrats yesterday for nixing Republicans 'earlier attempts to boost Black and Hispanic clout at the expense of Democratic Members in the U.S. House. Quite frankly, the answer to that is the reason that I believe no maps were drawn, worked on, was because we had a fair and legal plan already in place that people ran in, were elected to, you know, at the request of the people, the Texas voters.
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