1-1 By: Wentworth S.B. No. 837
1-2 (In the Senate - Filed March 3, 1999; March 4, 1999, read
1-3 first time and referred to Committee on State Affairs;
1-4 May 14, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 1; May 14, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 837 By: Wentworth
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the reapportionment of state legislative,
1-11 congressional, and judicial districts and the creation, function,
1-12 and duties of the Texas Redistricting Commission.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Subtitle A, Title 3, Government Code, is amended
1-15 by adding Chapter 307 to read as follows:
1-16 CHAPTER 307. TEXAS REDISTRICTING COMMISSION
1-17 Sec. 307.001. DEFINITIONS. In this chapter:
1-18 (1) "Commission" means the Texas Redistricting
1-19 Commission established by Section 28a, Article III, Texas
1-20 Constitution.
1-21 (2) "Plan" means a redistricting plan for the Texas
1-22 Senate, Texas House of Representatives, or Texas congressional
1-23 districts adopted as provided by Section 28a, Article III, Texas
1-24 Constitution, and this chapter.
1-25 Sec. 307.002. OATH. Before serving on the commission, each
1-26 person appointed shall take and subscribe to the constitutional
1-27 oath of office.
1-28 Sec. 307.003. ELIGIBILITY. The eligibility of a person to
1-29 serve on the commission is as prescribed by Section 28a, Article
1-30 III, Texas Constitution.
1-31 Sec. 307.004. POLITICAL ACTIVITIES PROHIBITED. A member of
1-32 the commission may not:
1-33 (1) campaign for elective office while a member of the
1-34 commission;
1-35 (2) actively participate in or contribute to the
1-36 political campaign of a candidate for a state or federal elective
1-37 office while a member of the commission; or
1-38 (3) serve as or be a candidate to be a member of the
1-39 Texas Legislature or the United States Congress before the second
1-40 anniversary of the last date the commission adopted a redistricting
1-41 plan for that body during the member's service on the commission.
1-42 Sec. 307.005. OPERATION OF COMMISSION. (a) The legislature
1-43 shall appropriate sufficient funds for the compensation and payment
1-44 of the expenses of the commission members and any staff employed by
1-45 the commission.
1-46 (b) The commission shall be provided access to statistical
1-47 information compiled by the state or its political subdivisions as
1-48 necessary for the commission's reapportionment duties.
1-49 (c) The Texas Legislative Council, under the direction of
1-50 the commission, shall provide the technical staff and clerical
1-51 services that the commission needs to prepare its plans.
1-52 Sec. 307.006. DUTIES. The commission shall:
1-53 (1) adopt rules to carry out the constitutional duties
1-54 of the commission and to administer this chapter;
1-55 (2) act as the legislature's recipient of the official
1-56 census data and maps from the United States Bureau of the Census
1-57 pursuant to the federal decennial census; and
1-58 (3) comply with Chapters 551 and 552.
1-59 Sec. 307.007. REDISTRICTING PLAN; FORM. (a) For each
1-60 redistricting plan or modification of a redistricting plan adopted
1-61 by the commission, the commission shall prepare and publish a
1-62 report that includes:
1-63 (1) for each district in the plan, the total
1-64 population and the percentage deviation from the average district
2-1 population;
2-2 (2) an explanation of the criteria used in developing
2-3 the plan, with a justification of any population deviation in a
2-4 district from the average district population;
2-5 (3) a map or maps of all the districts; and
2-6 (4) the estimated cost to be incurred by the counties
2-7 for changes in county election precinct boundaries required to
2-8 conform to the districts adopted by the commission.
2-9 (b) The commission shall make a copy of a report prepared
2-10 under this section available to the public.
2-11 Sec. 307.008. REDISTRICTING PLAN STANDARDS. A redistricting
2-12 plan adopted by the commission must conform to the standards
2-13 provided by Sections 25, 26, and 28a, Article III, Texas
2-14 Constitution.
2-15 Sec. 307.009. SUBMISSION OF PLAN. On approval of a
2-16 redistricting plan or modification of a plan by the commission, the
2-17 commission shall submit the plan or modification to the governor,
2-18 the secretary of state, and the presiding officer of each house of
2-19 the legislature.
2-20 Sec. 307.010. CESSATION OF OPERATIONS. (a) Following the
2-21 initial adoption of all plans that the commission is required to
2-22 adopt, the commission shall take all necessary steps to conclude
2-23 its business and suspend operations until the commission reconvenes
2-24 as provided by Section 28a, Article III, or Section 7a, Article V,
2-25 Texas Constitution, if it does reconvene.
2-26 (b) The commission shall prepare a financial statement
2-27 disclosing all expenditures made by the commission. The official
2-28 record of the commission shall contain all relevant information
2-29 developed by the commission in carrying out its duties, including
2-30 maps, data, minutes of meetings, written communications, and other
2-31 information.
2-32 (c) After the commission suspends operations, the secretary
2-33 of state becomes the custodian of its official records for purposes
2-34 of election administration. Any unexpended funds of the commission
2-35 revert to the general revenue fund.
2-36 Sec. 307.011. CHALLENGES TO PLAN. (a) After a
2-37 redistricting plan or modification of a redistricting plan adopted
2-38 by the commission or supreme court becomes effective, any
2-39 registered voter may file a petition with the supreme court
2-40 challenging the plan.
2-41 (b) The supreme court may consolidate any or all petitions
2-42 and shall give the petitions precedence over all other matters.
2-43 Sec. 307.012. RECONVENING OF COMMISSION FOR REAPPORTIONMENT
2-44 OF JUDICIAL DISTRICTS. (a) If the Judicial Districts Board fails
2-45 to make a statewide reapportionment of judicial districts under
2-46 Subchapter F, Chapter 24, unless the commission is already
2-47 reconvened, the commission shall reconvene on September 1 of the
2-48 year provided by Section 7a(e), Article V, Texas Constitution, to
2-49 make the statewide reapportionment as required by Section
2-50 24.946(a).
2-51 (b) The commission shall complete the reapportionment of
2-52 judicial districts as soon as possible within the time provided by
2-53 Section 7a(e), Article V, Texas Constitution.
2-54 (c) The commission's reapportionment of judicial districts
2-55 becomes effective as provided by Sections 24.948 and 24.949.
2-56 (d) Following the effective date of a reapportionment of
2-57 judicial districts, the commission shall take all necessary steps
2-58 to conclude its business and suspend operations in accordance with
2-59 Section 307.010. The commission shall suspend operations after the
2-60 90th day after the September 1 on which the commission's authority
2-61 to adopt a reapportionment plan for the judicial districts begins,
2-62 unless the supreme court grants the commission additional time to
2-63 conduct its activities.
2-64 SECTION 2. Subsection (e), Section 24.945, Government Code,
2-65 is amended to read as follows:
2-66 (e) The legislature, the Judicial Districts Board, or the
2-67 Texas [Legislative] Redistricting Commission [Board] may not
2-68 redistrict the judicial districts to provide for any judicial
2-69 district smaller in size than an entire county except as provided
3-1 by this subsection. Judicial districts smaller in size than the
3-2 entire county may be created subsequent to a general election in
3-3 which a majority of the persons voting on the proposition adopt the
3-4 proposition "to allow the division of ____________________ County
3-5 into judicial districts composed of parts of ____________________
3-6 County." A redistricting plan may not be proposed or adopted by
3-7 the legislature, the Judicial Districts Board, or the Texas
3-8 [Legislative] Redistricting Commission [Board] in anticipation of a
3-9 future action by the voters of any county.
3-10 SECTION 3. Subsection (a), Section 24.946, Government Code,
3-11 is amended to read as follows:
3-12 (a) The board shall meet in accordance with its own rules.
3-13 The board shall meet at least once in each interim between regular
3-14 sessions of the legislature and shall exercise its reapportionment
3-15 powers only in the interims between regular legislative sessions.
3-16 Meetings of the board shall be subject to the provisions of Chapter
3-17 551, except as otherwise provided by this subchapter. A
3-18 reapportionment may not be ordered in the interim immediately
3-19 following a regular session of the legislature in which a valid and
3-20 subsisting statewide reapportionment of judicial districts is
3-21 enacted by the legislature. Unless the legislature enacts a
3-22 statewide reapportionment of the judicial districts following each
3-23 federal decennial census, the board shall convene not later than
3-24 the first Monday of June of the third year following the year in
3-25 which the federal decennial census is taken to make a statewide
3-26 reapportionment of the districts. The board shall complete its
3-27 work on the reapportionment and file its order with the secretary
3-28 of state not later than August 31 of the same year. If the
3-29 Judicial Districts Board fails to make a statewide apportionment by
3-30 that date, the Texas [Legislative] Redistricting Commission [Board]
3-31 established by Article III, Section 28a [28], of the Texas
3-32 Constitution shall make a statewide reapportionment of the judicial
3-33 districts not later than the 90th [150th] day after the final day
3-34 for the Judicial Districts Board to make the reapportionment, and
3-35 that apportionment takes effect as provided by Sections 24.948 and
3-36 24.949.
3-37 SECTION 4. This Act takes effect January 1, 2005, but only
3-38 if the constitutional amendment proposed by the 76th Legislature,
3-39 Regular Session, 1999, to establish the Texas Redistricting
3-40 Commission after the federal census in the year 2010 to redistrict
3-41 the Texas Legislature and Texas congressional districts and to
3-42 revise the constitutional redistricting provisions is approved by
3-43 the voters. If that proposed constitutional amendment is not
3-44 approved by the voters, this Act has no effect.
3-45 * * * * *