SRC-JBJ S.B. 147 77(R) BILL ANALYSIS
Senate Research Center S.B. 147
77R2477 JSA-FBy: Wentworth
Redistricting
1/24/2001
As Filed
DIGEST AND PURPOSE
Currently, the Texas Constitution directs the legislature to apportion
Texas into state senate and state representative districts at the
legislature's first regular session after the publication of the United
States decennial census. As proposed, S.B. 147 establishes an
independent, bipartisan citizens' redistricting commission to draw district
lines for congressional districts, state senate districts, and state
representative districts.
RULEMAKING AUTHORITY
Rulemaking authority is expressly granted to the Texas Redistricting
Commission in SECTION 1 (Section 307.006, Government Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Title 3A, Government Code, by adding Chapter 307, as
follows:
CHAPTER 307. TEXAS REDISTRICTING COMMISSION
Sec. 307.001. DEFINITIONS. Defines "commission" and "plan."
Sec. 307.002. OATH. Requires each person appointed, before serving on the
Texas Redistricting Commission (commission), to take and subscribe to the
constitutional oath of office.
Sec. 307.003. ELIGIBILITY. Provides that the eligibility of a person to
serve on the commission is as prescribed by Section 28a (relating to the
commission), Article III, Texas Constitution.
Sec. 307.004. POLITICAL ACTIVITIES PROHIBITED. Prohibits a member of the
commission from:
_campaigning for elective office while a member of the commission;
_actively participating in or contributing to the political campaign
of a candidate or a state or federal elective office while a member of the
commission; or
_serving as or being a candidate to be a member of the Texas
Legislature before the second anniversary of the last date the commission
adopted a redistricting plan for that body during the member's service on
the commission.
Sec. 307.005. OPERATION OF COMMISSION. (a) Requires the legislature to
appropriate sufficient money for the compensation and payment of the
expenses of the commission members and any staff employed by the
commission.
(b) Requires the commission to be provided access to statistical
information compiled by the state or its political subdivisions as
necessary for the commission's reapportionment duties.
(c) Requires the Texas Legislative Council to provide, under the direction
of the commission, the technical staff and clerical services that the
commission needs to prepare its plan.
Sec. 307.006. DUTIES. Requires the commission to:
_adopt rules to carry out the constitutional duties of the commission
and to administer this chapter;
_act as the legislature's recipient of the official census data and
maps from the United States Bureau of the Census pursuant to the federal
decennial census; and
_comply with Chapters 551 and 552.
Sec. 307.007. REDISTRICTING PLAN; FORM. (a) Requires the commission to
prepare and publish, for each redistricting plan or modification of a
redistricting plan adopted by the commission, a report that includes:
_for each district in the plan, the total population and the
percentage deviation from the average district population;
_an explanation of the criteria used in developing the plan, with a
justification of any population deviation in a district from the average
district population;
_a map or maps of all the districts; and
_the estimated cost to be incurred by the counties for changes in
county election precinct boundaries required to conform to the districts
adopted by the commission.
(b) Requires the commission to make a copy of a report under this section
available to the public
Sec. 307.008. REDISTRICTING PLAN STANDARDS. Requires a redistricting plan
adopted by the commission to conform to the standards provided by Sections
25, 26, and 28a (Senatorial Districts, Apportionment of Members of House of
Representatives, and relating to the commission), Article III, Texas
Constitution.
Sec. 307.009. SUBMISSION OF PLAN. Requires the commission to submit, on
adoption of a redistricting plan or modification of a plan by the
commission, the plan or modification to the governor, the secretary of
state, and the presiding officer of each house of the legislature.
Sec. 307.010. CESSATION OF OPERATIONS. (a) Requires the commission to take,
following initial adoption of all plans that the commission is required to
adopt, all necessary steps to conclude its business and suspend operations
until the commission reconvenes as provided by Section 28a, Article III, or
Section 7a, Article V, Texas Constitution, if it does reconvene.
(b) Requires the commission to prepare a financial statement disclosing all
expenditures made by the commission. Requires the official record of the
commission to contain all relevant information developed by the commission
in carrying out its duties, including maps, data, minutes of meetings,
written communications, and other information.
(c) Provides that after the commission suspends operations, the secretary
of state becomes the custodian of its official records for purposes of
election administration. Provides that any unexpended money from an
appropriation to the commission reverts to the general revenue fund.
Sec. 307.011. CHALLENGES TO PLAN. (a) Authorizes any registered voter,
after a redistricting plan or modification of a redistricting plan is
adopted by the commission or supreme court under Section 28a, Article III,
Texas Constitution, to file a petition with the supreme court challenging
the plan.
(b) Authorizes the supreme court to consolidate any or all petitions.
Requires the supreme court to give the petitions precedence over all other
matters.
(c) Provides that this section does not limit the remedies available under
other law to a person aggrieved by a redistricting plan.
Sec. 307.012. RECONVENING OF COMMISSION FOR REAPPORTIONMENT OF JUDICIAL
DISTRICTS. (a) Requires the commission to reconvene on September 1 of the
year provided by Section 7a(e) (relating to statewide reapportionment),
Article V, Texas Constitution, to make the statewide reapportionment as
required by Section 24.946(a), if the Judicial Districts Board fails to
make a statewide reapportionment of judicial districts under Subchapter F,
Chapter 24, unless the commission is already reconvened.
(b) Requires the commission to complete the reapportionment of judicial
districts as soon as possible within the time provided by Section 7a(e),
Article V, Texas Constitution.
(c) Provides that the commission's reapportionment of judicial districts
becomes effective as provided by Sections 24.948 and 24.949.
(d) Requires the commission to take, following the effective date of a
reapportionment of judicial districts, all necessary steps to conclude its
business and suspend operations in accordance with Section 307.010.
Requires the commission to suspend operations after the 90th day after the
September 1 on which the commission's authority to adopt a reapportionment
plan for the judicial districts begins, unless the supreme court grants the
commission additional time to conduct its activities.
SECTION 2. Amends Section 24.945(e), Government Code, to prohibit the
legislature, the Judicial District Board, or the commission, rather than
the Legislative Redistricting Board, from redistricting the judicial
districts to provide for any judicial district smaller in size than an
entire county except as provided by this subsection. Makes a conforming
change.
SECTION 3. Amends Section 24.946(a), Government Code, to require the
commission, rather than the Legislative Redistricting Board, established by
Article III, Section 28a, rather than 28, of the Texas Constitution, to
make a statewide reapportionment of the judicial districts not later than
the 90th, rather than 150th, day after the final day for the Judicial
Districts Board to make the reapportionment, and that apportionment takes
effect as provided by Sections 24.948 and 24.949, if the Judicial Districts
Board fails to make a statewide apportionment by the date.
SECTION 4. Effective date: January 1, 2003, provided that the
constitutional amendment proposed by the 77th Legislature, Regular Session,
2001, establishing the Texas Redistricting Commission and revising the
constitutional redistricting provisions, is approved by the voters. If
that proposed constitutional amendment is not approved by the voters, this
Act has no effect.