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                                  * * * * *