By:  Hirschi                                          H.B. No. 1910
       73R2100 JSA-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to redistricting by the Texas Ethics Commission, judicial
    1-3  review of redistricting plans, and restrictions on members of and
    1-4  membership on the commission.
    1-6        SECTION 1.  Chapter 304, Acts of the 72nd Legislature,
    1-7  Regular Session, 1991 (Article 6252-9d.1, Vernon's Texas Civil
    1-8  Statutes), is amended by adding Section 1.04 to read as follows:
    1-9        Sec. 1.04.  QUALIFICATIONS.  To protect the integrity of the
   1-10  commission's redistricting activities, the following persons are
   1-11  not eligible to serve on the commission:
   1-12              (1)  a person holding federal, state, or local elective
   1-13  or appointive office;
   1-14              (2)  a person related in the second degree by
   1-15  consanguinity or within the first degree by affinity to a person
   1-16  described by Subdivision (1) of this section;
   1-17              (3)  an employee of the legislature, of a member of the
   1-18  legislature, or of a legislative agency; or
   1-19              (4)  a person required to register as a lobbyist under
   1-20  Section 305.003(a)(2), Government Code.
   1-21        SECTION 2.  The Revised Statutes are amended by adding
   1-22  Article 6252-9d.2 to read as follows:
   1-23        Art. 6252-9d.2.  REDISTRICTING BY ETHICS COMMISSION
   1-24                      PART 1.  GENERAL PROVISIONS
    2-1        Sec. 1.01.  DEFINITIONS.  (a)  In this article:
    2-2              (1)  "Census" means the federal decennial census.
    2-3              (2)  "Commission" means the Texas Ethics Commission.
    2-4        (b)  For purposes of this section, the census is published
    2-5  when the official detailed population counts of the census are
    2-6  delivered as provided by law to an official of this state.
    2-7        Sec. 1.02.  APPLICATION OF ARTICLE.  This article applies to
    2-8  the redistricting of the districts used to elect:
    2-9              (1)  this state's members of the United States House of
   2-10  Representatives;
   2-11              (2)  members of the Texas House of Representatives and
   2-12  Texas Senate; and
   2-13              (3)  members of the State Board of Education.
   2-14        Sec. 1.03.  HOUSE AND SENATE CONSIDERED TOGETHER.  For
   2-15  purposes of this article, the redistricting plans for the Texas
   2-16  House of Representatives and the Texas Senate are considered
   2-17  together as a single plan.
   2-18        Sec. 1.04.  TECHNICAL SUPPORT.  (a)  The commission shall
   2-19  secure computer and other technical support for redistricting under
   2-20  this article.
   2-21        (b)  The computer must be located on premises of the
   2-22  commission.  The commission shall provide security to prohibit
   2-23  unauthorized access to the computer and other redistricting
   2-24  facilities and materials.
   2-25        (c)  The commission shall complete its technical preparations
   2-26  for redistricting, including the programming and testing of
   2-27  computer support, on or before December 31 of the year in which the
    3-1  census is taken.
    3-3  A member of the commission serving at any time between the date the
    3-4  census is published and the date the commission adopts a
    3-5  redistricting plan under this article pursuant to that census may
    3-6  not become a candidate in any district under that plan during the
    3-7  four years following the date the commission adopts the plan.
    3-8                          PART 2.  PROCEDURES
    3-9        Sec. 2.01.  RULES.  (a)  The commission shall adopt rules for
   3-10  the administration of its redistricting activities.
   3-11        (b)  The commission shall hold public hearings in each region
   3-12  of this state as necessary to provide all interested persons a
   3-13  reasonable opportunity to comment on its proposed rules before the
   3-14  commission adopts its final rules for each decade's redistricting.
   3-15        (c)  The commission shall adopt its final rules for each
   3-16  decade's redistricting before January 1 of the year in which the
   3-17  census is to be taken.
   3-18        (d)  The commission may make additional revisions to its
   3-19  rules during the year in which the census is taken.
   3-20        Sec. 2.02.  ADOPTION OF PLANS.  (a)  The commission shall
   3-21  propose a preliminary plan for each body for which the commission
   3-22  is required to adopt a redistricting plan before the next June 1
   3-23  that follows the publication of the census.
   3-24        (b)  The commission shall hold public hearings around the
   3-25  state after the date on which the commission proposes a preliminary
   3-26  plan and the next July 15 following that date to solicit comment on
   3-27  the plan.
    4-1        (c)  The commission shall adopt a final plan for each body
    4-2  before the August 1 following the publication of the census.
    4-3        (d)  If the census is published later than April 1, the
    4-4  commission by rule may adopt a different schedule to provide an
    4-5  appropriate timetable to comply with the requirements of this
    4-6  section.
    4-7        Sec. 2.03.  NEW PLANS AFTER JUDICIAL REVIEW.  If the Supreme
    4-8  Court of Texas pursuant to Part 4 of this article issues an order
    4-9  holding that a plan adopted by the commission violates state law,
   4-10  the commission shall propose a new plan to remedy the violations
   4-11  found by the court not later than the 30th day after the date of
   4-12  the court's decision.  The commission shall hold at least one
   4-13  public hearing in Austin on the new proposed plan and adopt a new
   4-14  plan to remedy the violations not later than the 60th day after the
   4-15  date of the court's decision.
   4-16        Sec. 2.04.  OTHER NECESSARY CHANGES.  The commission may make
   4-17  changes to an adopted plan at any time as necessary to correct a
   4-18  legal or technical deficiency in the plan as determined by the
   4-19  commission.
   4-20                  PART 3.  STANDARDS GOVERNING PLANS
   4-21        Sec. 3.01.  POPULATION EQUALITY.  (a)  Districts for members
   4-22  of the United States House of Representatives must be as equal in
   4-23  population as practicable.
   4-24        (b)  The population of a district in any plan may not be more
   4-25  than 105 percent or less than 95 percent of the ideal district
   4-26  population.
   4-27        (c)  The average of the relative population deviations of all
    5-1  districts in a plan may not exceed two percent.  For purposes of
    5-2  this subsection, the relative population deviation of a district is
    5-3  the percentage that the difference between the district's
    5-4  population and the ideal district population, disregarding whether
    5-5  that difference is positive or negative, represents as a part of
    5-6  the ideal district population.
    5-7        (d)  In this subsection, "population" means population
    5-8  according to the census.
    5-9        Sec. 3.02.  MINORITY VOTING RIGHTS.  (a)  Each plan must
   5-10  maintain existing levels of the voting strength of a racial or
   5-11  language minority group.
   5-12        (b)  Each plan must protect the voting rights of any group as
   5-13  guaranteed by federal law.
   5-14        Sec. 3.03.  INTEGRITY OF POLITICAL SUBDIVISIONS.  (a)  A
   5-15  county or municipality with a population that does not exceed 105
   5-16  percent of the ideal district population must be located entirely
   5-17  in a single district.
   5-18        (b)  A county or municipality with a population greater than
   5-19  105 percent of the ideal district population must contain as many
   5-20  whole districts as the population of the county or municipality
   5-21  permits, and the excess population of the county or municipality
   5-22  not contained in those whole districts may not be located in more
   5-23  than one other district.
   5-24        (c)  The commission may violate Subsection (a) or (b) of this
   5-25  section if necessary to comply with Section 3.01 or 3.02 of this
   5-26  article.  If it is necessary to divide a county or municipality to
   5-27  comply with Section 3.01 or 3.02 of this article, the commission
    6-1  shall divide the county or municipality with the largest population
    6-2  possible.
    6-3        Sec. 3.04.  CONTIGUITY AND COMPACTNESS.  (a)  All the
    6-4  territory of each district must be contiguous with the rest of the
    6-5  district.  Two areas that contact each other at a single point are
    6-6  not considered contiguous with each other.
    6-7        (b)  There must be convenient transportation among all areas
    6-8  of each district that are located in different counties or
    6-9  municipalities.
   6-10        (c)  The total length of the boundaries of all districts in a
   6-11  plan must be as short as possible.
   6-13  district of the Texas Senate must contain five whole districts of
   6-14  the Texas House of Representatives.
   6-16  (a)  The commission may not draw a district for the purpose of
   6-17  favoring a political party, incumbent officer, or other person or
   6-18  group, except as required to comply with Section 3.02 of this
   6-19  article.
   6-20        (b)  The commission may not consider the address of an
   6-21  incumbent officer or other individual in drawing a plan.
   6-22        (c)  Unless necessary to comply with Section 3.02 of this
   6-23  article, the commission may not consider previous election results
   6-24  or other electoral information in drawing a plan.
   6-25                       PART 4.  JUDICIAL REVIEW
   6-26        Sec. 4.01.  SUBMISSION TO SUPREME COURT.  (a)  The commission
   6-27  shall submit the first redistricting plan adopted after the census
    7-1  for each body for which the commission is required to redistrict to
    7-2  the Supreme Court of Texas for review immediately after adopting
    7-3  the plan.
    7-4        (b)  The commission shall submit any other adopted
    7-5  redistricting plan or change to a plan to the supreme court for
    7-6  review immediately if any citizen of this state petitions the
    7-7  commission to do so on or before the 30th day after the date the
    7-8  commission adopts the plan.
    7-9        Sec. 4.02.  COURT ACTION.  The Supreme Court of Texas shall
   7-10  determine whether a plan or change complies with the laws of this
   7-11  state and issue a written order of its determination not later than
   7-12  the 60th day after the date the plan or change is submitted by the
   7-13  commission.  If the court finds a plan or change to be invalid, the
   7-14  court shall state its reasons for that finding and describe as
   7-15  specifically as possible the changes or kinds of changes that would
   7-16  be required to make the plan or change valid.
   7-17        Sec. 4.03.  REMEDIES EXCLUSIVE.  A redistricting plan or
   7-18  change that has been approved by the Supreme Court of Texas under
   7-19  this article or for which the period for submission to that court
   7-20  for review pursuant to a citizen petition has expired without the
   7-21  filing of a petition is considered to comply with the law of this
   7-22  state and may not be challenged in any court of this state.
   7-23                      PART 5.  IMPLEMENTING PLAN
   7-24        Sec. 5.01.  PRECLEARANCE UNDER VOTING RIGHTS ACT.  The
   7-25  commission is responsible for submission of an adopted plan or
   7-26  change to a plan for preclearance under Section 5 of the Voting
   7-27  Rights Act of 1965 (42 U.S.C. Section 1973c), if applicable.
    8-1        Sec. 5.02.  PLAN EFFECTIVE AT NEXT ELECTION.  (a)  A plan or
    8-2  change in a plan that is approved by the Supreme Court of Texas
    8-3  under this article or for which the period for submission to that
    8-4  court pursuant to citizen petition has expired without the filing
    8-5  of a petition, and that may be implemented under Section 5 of the
    8-6  Voting Rights Act of 1965, shall be used for the next election for
    8-7  offices under that plan for which the last date provided by law for
    8-8  filing as a candidate in the primary election is at least 10 days
    8-9  after the later of the following:
   8-10              (1)  the date the supreme court approves the plan or
   8-11  change or the time for filing a citizen petition expires; or
   8-12              (2)  the earliest date the plan or change may be
   8-13  implemented under Section 5 of the Voting Rights Act of 1965.
   8-14        (b)  Until a new plan adopted by the commission takes effect
   8-15  under Subsection (a) of this section, the plan in effect for the
   8-16  preceding election shall be used for elections to the body covered
   8-17  by the plan.
   8-18        SECTION 3.  This Act takes effect only if the constitutional
   8-19  amendment providing for redistricting by the Texas Ethics
   8-20  Commission proposed by the 73rd Legislature, Regular Session, 1993,
   8-21  is approved by the voters.  If that proposed constitutional
   8-22  amendment is not approved, this Act has no effect.
   8-23        SECTION 4.  The importance of this legislation and the
   8-24  crowded condition of the calendars in both houses create an
   8-25  emergency and an imperative public necessity that the
   8-26  constitutional rule requiring bills to be read on three several
   8-27  days in each house be suspended, and this rule is hereby suspended.