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Perry v. Brown

In an appeal involving state legislative redistricting, the trial court's denial of a plea to the jurisdiction based upon issues of ripeness is affirmed.

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In this interlocutory appeal regarding state legislative redistricting, we consider whether the trial court committed reversible error by denying a plea to the jurisdiction based upon issues of ripeness. Applying principles recently enunciated by this Court and the Texas Supreme Court in Perry v. Del Rio, we will affirm. *fn1 See Perry v. Del Rio, No. 01-0728, 44 Tex. Sup. Ct. J. 1147, 2001 Tex. LEXIS 81 (Sept. 12, 2001); Perry v. Del Rio, No. 03-01-00340-CV, 2001 Tex. App. LEXIS 5368 (Tex. App.-Austin Aug. 9, 2001).

On January 9, 2001, the Texas Legislature convened its 77th Regular Session. On March 12, the 2000 census information was published, showing that due to population growth and shifts, Texas’ current legislative districts were malapportioned and needed to be redrawn. The legislature adjourned sine die on May 28, 2001, without passing a state redistricting plan. As provided by the Texas Constitution, the Legislative Redistricting Board (the “LRB”) then had sixty days from its first meeting to draft a constitutionally-sound redistricting plan. See Tex. Const. art. III, � 28. The LRB convened on June 6 and apparently adopted its plan on July 24.

On March 16, 2001, David Brown, David O. Zambrano, and Joy Smith (collectively “Brown”) filed suit in Travis County against the Governor, the Lieutenant Governor, the Speaker of the Texas House of Representatives, the Secretary of State, and the chairs of the state Democratic and Republican parties. Brown sought declaratory and injunctive relief regarding the malapportioned state legislative districts. The Governor, the Secretary of State, the Lieutenant Governor, and the chair of the Republican Party filed pleas to the jurisdiction alleging the suit was not ripe for determination. On May 31, after the legislature had adjourned sine die without the passage of a state legislative redistricting plan, Brown amended his petition to reflect that fact. Subsequently, on June 15, the district court denied the pleas to the jurisdiction, and the Governor, Secretary of State, and Lieutenant Governor (collectively “Appellants”) appealed. Brown filed a second amended petition on July 25 and additional amendments thereafter. *fn2

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