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In re Perry

Legislative immunity applies to the activities of the Legislative Redistricting Board members and their aides in developing a redistricting plan; there could be a circumstance, albeit extraordinary, that might constrict the grant of legislative immunity when, as in this case, a plaintiff alleges that the action violates the Equal Protection Clause, plaintiffs have articulated no basis for restricting legislative immunity in this case.

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On Petition for Writ of Mandamus

Argued on October 17, 2001

When the Texas Legislature adjourned without enacting redistricting plans for the Texas Senate and Texas House of Representatives, that responsibility was constitutionally delegated to the Legislative Redistricting Board (“LRB”). Tex. Const. art. III, � 28. The LRB accordingly formulated senate and house redistricting plans, which various parties have challenged in the Travis County district court. This mandamus proceeding arises out of the plaintiffs’ attempt to depose three members of the LRB and their aides regarding their “consideration of and/or formulation of” those redistricting plans. We must decide whether legislative immunity protects the LRB members and their aides from the plaintiffs’ requested discovery. We hold that the LRB members, in apportioning legislative districts pursuant to constitutional mandate, were acting in a legislative capacity and are cloaked, as are their aides, with legislative immunity. We also hold that this immunity encompasses an evidentiary and testimonial privilege, which the plaintiffs have failed to overcome by demonstrating extraordinary circumstances that arguably might warrant an exception. Accordingly, the trial court abused its discretion in denying the LRB members’ motion to quash. Because the relators have no adequate remedy by appeal, we conditionally issue the writ of mandamus.

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