Gutierrez v. Abbott
No. 1:21-cv-00769 (W. D. Tex.)
A federal challenge asking the court to draw new interim legislative maps based on the failure of the political branches to enact new plans by the constitutional deadline. According to the state constitution, state legislative districts must be drawn by the state legislature “at its first regular session after the publication of each United States decennial census.” [art. III § 28].
Because the Texas state legislature adjourned its regular session prior to the publication of the 2020 decennial census data, plaintiffs (two state senators and a statewide Democratic political organization) argue that the legislature does not have authority to draw new districts until its next regular session, which begins in January 2023, and asks the court to draw interim maps for the 2022 election cycle.