Here is what the Attorney General said.
The Texas Legislature is constitutionally responsible for apportioning the State into congressional districts. Neither the Texas Legislature nor a Texas state court, however, approved a valid plan for redrawing the state's congressional districts. The federal court in Balderas v. Texas, No. 6:01-CV-158, slip op. (E.D. Tex. Nov. 14, 2002), aff'd mem., 122 S. Ct. 2583 (2002), created a new congressional redistricting plan for Texas without having a baseline state plan before it.
The United States Constitution entrusts the task of drawing congressional boundaries to the State, but there exists no mechanism to force compliance with this constitutional responsibility. The Texas Legislature has present authority to adopt a congressional redistricting plan based on the 2000 census. Unless and until the legislature adopts such a plan, the map drawn in 2002 by the three-judge court in Balderas v. Texas will continue to be the congressional redistricting plan for Texas.