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 Congressional 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 Twentysecond 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 Representatives 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 congressional 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 provisions 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