State Defendants' Answers and Objections to Plaintiff-Intervenors HLA First Set of Interrogatories and Request for Production of Documents

    OF TEXAS 

JIM PRIATTOX 

ATTORNEY GENERAL May 26 1 089 

’ 

Sherrilyn A. Ifill 
NAACP Legal Defense and Educational Fund, Inc. 
99 Hudson Street 
16th Floor 
New York, New York 10013 

Re: LULAC Council #4434, et al. v. Mattox, et al., 

Civ. Action No. MO-88-CA-154 

Dear Ms. Ifill: 

Enclosed is are the State Defendants’ Answers and Objections to 
Plaintiff-Intervenors Houston Lawyers’ Association's 
Interrogatories and Request for Production of Documents. 

S ince erely : 

/ w 
mm— 

—Renca Hicks 

  

Special Assistant Attorney General 

P. O. Box 12548, Capitol Station 

Austin, Texas 78711-2548 

(512) 463-2085 

Encl. 

78711-2548 512/463 =2100 SUPREME COURT BUILDING AUSTIN, TEXAS 

 



  

Page 2 

cc. William L. Garrett 
Gabrielle K. McDonald 
Edward B. Cloutman, III 
J. Eugene Clements 
Robert H. Mow, Jr. 
David R. Richards 

 



  

UNITED STATES DISTRICT COURT 
WESTERN DISTRICT OF TEXAS 
MIDLAND-ODESSA DIVISION 

LULAC COUNCIL #4434, et al., § 
Plaintiffs, § 

§ 
VS. § Civil Action No. 

§ MO-88-CA-154 
JIM MATTOX, et al., $ 

Defendants. § 

STATE DEFENDANTS' ANSWERS AND OBJECTIONS 
TO PLAINTIFF-INTERVENORS HOUSTON LAWYERS' 
ASSOCIATION'S FIRST SET OF INTERROGATORIES 
AND REQUESTS FOR PRODUCTION OF DOCUMENTS 

The state defendants in this action answer as follows to Plaintiff-Intervenors' First 

Set of Interrogatories and Requests for Production of Documents, served on May 8, 1989: 

Interrogatory No. 1: Identify each expert you have consulted in preparation for the trial 

of this matter. For each, give the subject matter on which the expert was consulted. 

Answer to Interrogatory No. 1 

The state defendants have retained Dr. Delbert A. Taebel. Dr. Taebel is a Professor 

of Urban Affairs and Political Science at the Institute of Urban Studies at the University of 

Texas at Arlington. Dr. Taebel will analyze various races in the challenged counties using 

statistical techniques. He also will analyze demographic data concerning geographical 

compactness. 

Request for Production No. 1 

Please produce for inspection and copying all documents you have directly or 

indirectly provided to or prepared for, each expert listed in response to Interrogatory No. 1, 

and any documents prepared by each expert for the use of the defendants in this case, or 

which relates to the claims or defenses of defendant-intervenor Wood. 

 



  

An R r Pr ion 

The state defendants have not provided or prepared documents for Dr. Taebel. Dr. 

Taebel has not provided, or prepared any document for the state defendants. State 

defendants do not have any documents produced for Defendant-intervenor Wood. 

Interr r 2 

Identify how many residents of Harris County were registered to vote during each 

of the following years: 1940, 1950, 1960, 1964, 1968, 1972, 1976, 1980, 1982, 1984, 

1986, 1988. 

Answer rr r 

The state defendants have not yet found any data prior to the mid 1960s. The data 

regarding the number of residents of Harris County registered to vote in the years requested 

is more properly obtained through various other sources. Jack Grace at the Voter 

Registration Division of the Harris County Tax Assessor-Collector's Office has the number 

of Harris County residents registered to vote since 1970. Mr. Grace's address is Harris 

County Tax Assessor-Collector, Voter Registration, P.O. Box 3527, Houston, Texas 

77253-3527, and his telephone number is (713) 224-1919. James A. Hensarling, an 

attorney with the Elections Division of the Office of the Secretary of State, also has this 

data since the mid 1960s. Mr. Hensarling's address is P.O. Box 12060, Austin, Texas 

78711, and his telephone number is (512) 463-5650. 

Interrogatory No. 3 

For each year listed above, identify how many registered voters were white, how 

many were Black, how many were Hispanic, and how many were any other race. 

nswer Interr r 

Mr. Grace's information is not broken down by race. Mr. Hensarling's 

information only includes Hispanics. 

 



  

Interr r 4 

Fully describe the requirements for registering to vote in the state of Texas 

including any qualifications, tests, taxes or other prerequisites to registration during each of 

the following years: 1940, 1950, 1960, 1964, 1968, 1972, 1976, 1980, 1982, 1984, 

1986, and 1988, and cite the statutory or written authorities upon which your descriptions 

are based. 

Answer Inter r 4 

The current requirements to vote in the State of Texas are located in the Texas 

Election Code. The requirements to vote in prior years can be obtained by shepardizing the 

current sections in the Texas Election Code. 

Interr r 

Identify every civil action, (indicating case name, civil action number and citation) 

filed since 1950 against the State of Texas, any agency, department or appointed body of 

the State of Texas or any county, municipality or township in Texas, which alleged 

discrimination on the basis of race, a denial of equal protection to Black residents, or a 

violation of any statute which protects or protected civil rights, including but not limited to 

the right to vote. Include any action claiming discrimination in employment or in the 

provision of state or municipal services. 

Answer Interr r 

The state defendants do not have care, custcdy, or control over the information 

sought through this request insofar as it concerns counties, municipalities, or townships in 

Texas. They also probably lack the requisite care, custody, or control insofar as the 

request covers entities other than those in which they serve; nonetheless, for purposes of 

this response, the state defendants will assume that they have such control. There is no 

mechanism of which we are aware that would allow us to answer this request. There 

certainly is no time to devise such a system. 

 



  

Interr r 

Identify every instance in which the U.S. Department of Justice, the United States 

Department of Health, Education and Welfare, the U.S. Department of Health & Human 

Services, the United States Department of Education or any other federal agency or 

department has investigated any claim, charge or suspicion of racial discrimination against 

Blacks in Texas since 1950. 

Answer Interr r 

The state defendants do not have care, custody, or control over many entities 

encompassed by this request. Even as limited to those entities over which they arguably 

have some measure of authority, the state defendants have no mechanism of which we are 

aware that would allow us to answer this request. There certainly is no time to devise such 

a system. Additionally, the appropriate source for such information is the federal agencies 

that performed whatever investigation may have occurred. 

Interrogatorv No. 7 
  

Identify and fully describe each and every state policy or rationale which you 

contend supports the adoption or maintenance of the currently constituted at large system of 

electing district judges in Texas. 

Answer to Interrogatorv No. 7 
  

Aspects of this information are available through the Texas Election Code, TEXAS 

ELECTION LAWS, Chapter 24 of the Texas Government Code, the revisor's notes on the 

different sections in Chapter 24, Article 5 of the Texas Constitution, the interpretive 

commentaries to Article 5 of the Texas Constitution, and through BRADEN, THE 

CONSTITUTION OF THE STATE OF TEXAS: AN ANNOTATED AND COMPARATIVE 

ANALYSIS (Texas Legislative Council, 1977). The 1988 Annual Report of the Office of 

Court Administration and the Texas Judicial Council, and all prior reports, provide 

information on the Texas Judiciary. See TEXAS JUDICIAL SYSTEM, 60TH ANNUAL 

REPORT, 10 (Aug. 31, 1988) ("1988 TEXAS JUDICIAL REPORT"). Chief Justice Phillips 

As 

 



  

in his deposition on May 25, 1989, also covered many other aspects of the policies and 

rationales. There is not adequate time for either reflection or research for the state 

defendants to represent that every policy or rationale has been presented in this response. 

Interr r 

Identify and fully describe the reasons why defendants contend Article 5, §7a(i) of 

the Texas Constitution was adopted. 

Answer Interr r 

Article 5, §7a(i) speaks for itself. The legislative history may offer other 

information about it and its development. Furthermore, this provision was adopted 

through constitutional amendment, and the state defendants cannot speak to the reasons 

individual voters voted in favor of its adoption. Also, see the last two sentences of the 

Answer to Interrogatory No.7. 

Request for Production No. 3 

Please provide for inspection and copying any documents which support your 

answer to Interrogatory No. 8, or on which you base your answer to Interrogatory No. 8. 

Answer to Request for Production No. 3 

This information is publicly available and is as accessible to you as to the state 

defendants. 

Interr r 

State whether you have prepared, or have had prepared, any analysis of past and/or 

current voting practices of any ethnically or racially identifiable group of voters in Texas for 

the purpose of attempting to determine whether racially polarized voting has occurred, or 

continues to occur, in the State. 

An r Interr r 

Nothing has been prepared in connection with this lawsuit. 

 



  

R r i 4 

If your answer to Interrogatory No. 9 is yes, please produce all documents which 

indicate the results of the analysis. 

Answer R r Pr ion 4% 

There is nothing. 

Interr r 1 

Describe fully the specialized functions of district judges in Harris County, 

including, but not limited to: the types of specialized district judges (i.e., criminal, civil, 

juvenile); the qualifications necessary for each type of specialized judge; the number of 

judges currently serving in each specialized area, their names, and the number of the district 

in which they serve. 

Answer Inter r 1 

See Exhibit A to state defendants’ original answer to plaintiffs’ second amended 

complaint, including its notes about references. 

Request for Production No. 5 
  

Please produce for inspection and copying all documents on which you base your 

answer to Interrogatory No. 10. 

Answer R for Pr ion 

Enclosed (Excerpt from the 1988 TEXAS JUDICIAL REPORT). 

Interr r 1 

State whether the State of Texas, Harris County or any of their subdivisions, 

offices or personnel, have kept or currently keep information related to the race of 

registered voters, or the racial composition of election precincts in Texas in general, and/or 

in Harris County in specific. 

Answer Interr r i 

See the answer to Interrogatory No. 2. 

<6 

 



  

R Pr ion 

Please produce for inspection and copying all documents on which you base your 

answer to Interrogatory No. 11. 

Answer R for Pr ion 

There is nothing, given the answer. It is publicly available information. 

  

Dated: May 26, 1989. rr 
BE J / / 

wf AL ay eet" A 
A SAUNA TIANA) 

Renea Hicks VN 2% 
Special Assistant Attorney General 

Javier Guajardo 
Assistant Attorney General 

P. O. Box 12548, Capitol Station 
Austin, Texas 78711-2548 
(512) 463-2085