GOVERNMENT CODE CHAPTER 2058. RECOGNITION OF FEDERAL CENSUS

GOVERNMENT CODE

TITLE 10. GENERAL GOVERNMENT

SUBTITLE B. INFORMATION AND PLANNING

CHAPTER 2058. RECOGNITION OF FEDERAL CENSUS

Sec. 2058.001. GOVERNMENTAL RECOGNITION OF AND ACTION ON FEDERAL CENSUS. (a) A governmental entity may not recognize or act on a report or publication, in any form, of a federal decennial census, in whole or in part, before September 1 of the year after the calendar year during which the census was taken.

(b) A governmental entity shall recognize and act on a published report or count relating to a federal decennial census and released by the director of the Bureau of the Census of the United States Department of Commerce on the later of:

(1) September 1 of the year after the calendar year during which the census was taken; or

(2) the first day of the first calendar month occurring after the 150th day after the date of the publication of the report or count.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 682 (H.B. 2025), Sec. 1, eff. June 15, 2021.

For expiration of Subsections (c), (d), and (e), see Subsection (e).

Sec. 2058.002. EXCEPTIONS. (a) The legislature or the Legislative Redistricting Board under Article III, Section 28, of the Texas Constitution may officially recognize or act on a federal decennial census before September 1 of the year after the calendar year during which the census was taken.

(b) A political subdivision governed by a body elected from single-member districts may recognize and act on tabulations of population of a federal decennial census, for redistricting purposes, on or after the date the governor receives a report of the basic tabulations of population from the secretary of commerce under 13 U.S.C. Section 141(c). This subsection does not apply to a political subdivision that was not subject to a statute requiring certain political subdivisions, classified by population, to elect their governing bodies from single-member districts under the preceding federal census.

(c) Nothing in this chapter prohibits the legislature from acting on published reports and counts described by Section 2058.001(b) and relating to the 2020 federal decennial census, regardless of the date the reports or counts are published.

(d) Notwithstanding any other law, the commissioners court of a county may act on published reports or counts described by Section 2058.001(b) and relating to the 2020 federal decennial census, and any information provided by the state relating to redistricting based on those reports or counts, in carrying out the commissioners court's duties under Chapter 42, Election Code, with respect to establishing or changing election precincts, regardless of the date the reports or counts are published or the information is provided or any required period for those duties as provided by law.

(e) This subsection and Subsections (c) and (d) expire September 1, 2023.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 682 (H.B. 2025), Sec. 2, eff. June 15, 2021.

For expiration of this section, see Subsection (b).

Sec. 2058.0021. APPLICABILITY OF 2010 FEDERAL CENSUS; TEMPORARY PROVISION. (a) Except as expressly provided by other law and notwithstanding the definition of "population" in Sections 311.005 and 312.011, a statute that applies to a political subdivision having a certain population according to the most recent federal census:

(1) continues to apply to the same political subdivisions to which the statute applied under the 2010 federal census, regardless of whether the political subdivisions continue to have the population prescribed by the statute according to the 2020 federal census; and

(2) does not apply to a political subdivision to which the statute did not apply under the 2010 federal census, regardless of whether the political subdivision has the population prescribed by the statute according to the 2020 federal census.

(b) This section expires September 1, 2023.

Added by Acts 2021, 87th Leg., R.S., Ch. 682 (H.B. 2025), Sec. 3, eff. June 15, 2021.