Sec. 28.  TIME FOR APPORTIONMENT; APPORTIONMENT BY LEGISLATIVE REDISTRICTING BOARD.  The Legislature shall, at its first regular session after the publication of each United States decennial census, apportion the state into senatorial and representative districts, agreeable to the provisions of Sections 25 and 26 of this Article.  In the event the Legislature shall at any such first regular session following the publication of a United States decennial census, fail to make such apportionment, same shall be done by the Legislative Redistricting Board of Texas, which is hereby created, and shall be composed of five (5) members, as follows:  The Lieutenant Governor, the Speaker of the House of Representatives, the Attorney General, the  Comptroller of Public Accounts and the Commissioner of the General Land Office, a majority of whom shall constitute a quorum.  Said Board shall assemble in the City of Austin within ninety (90) days after the final adjournment of such regular session.  The Board shall, within sixty (60) days after assembling, apportion the state into senatorial and representative districts, or into senatorial or representative districts, as the failure of action of such Legislature may make necessary.  Such apportionment shall be in writing and signed by three (3) or more of the members of the Board duly acknowledged as the act and deed of such Board, and, when so executed and filed with the Secretary of State, shall have force and effect of law.  Such apportionment shall become effective at the next succeeding statewide general election.  The Supreme Court of Texas shall have jurisdiction to compel such Board to perform its duties in accordance with the provisions of this section by writ of mandamus or other extraordinary writs conformable to the usages of law.  The Legislature shall provide necessary funds for clerical and technical aid and for other expenses incidental to the work of the Board, and the Lieutenant Governor and the Speaker of the House of Representatives shall be entitled to receive per diem and travel expense during the Board's session in the same manner and amount as they would receive while attending a special session of the Legislature.  
(Feb. 15, 1876. Amended Nov. 2, 1948, and Nov. 6, 2001.)  (TEMPORARY TRANSITION PROVISION for Sec. 28: See Appendix, Note 3.)