By Wentworth S.B. No. 147
77R2477 JSA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the reapportionment of state legislative,
1-3 congressional, and judicial districts and the creation, function,
1-4 and duties of the Texas Redistricting Commission.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subtitle A, Title 3, Government Code, is amended
1-7 by adding Chapter 307 to read as follows:
1-8 CHAPTER 307. TEXAS REDISTRICTING COMMISSION
1-9 Sec. 307.001. DEFINITIONS. In this chapter:
1-10 (1) "Commission" means the Texas Redistricting
1-11 Commission established by Section 28a, Article III, Texas
1-12 Constitution.
1-13 (2) "Plan" means a redistricting plan for the Texas
1-14 Senate, Texas House of Representatives, or Texas congressional
1-15 districts adopted as provided by Section 28a, Article III, Texas
1-16 Constitution, and this chapter.
1-17 Sec. 307.002. OATH. Before serving on the commission, each
1-18 person appointed shall take and subscribe to the constitutional
1-19 oath of office.
1-20 Sec. 307.003. ELIGIBILITY. The eligibility of a person to
1-21 serve on the commission is as prescribed by Section 28a, Article
1-22 III, Texas Constitution.
1-23 Sec. 307.004. POLITICAL ACTIVITIES PROHIBITED. A member of
1-24 the commission may not:
2-1 (1) campaign for elective office while a member of the
2-2 commission;
2-3 (2) actively participate in or contribute to the
2-4 political campaign of a candidate for a state or federal elective
2-5 office while a member of the commission; or
2-6 (3) serve as or be a candidate to be a member of the
2-7 Texas Legislature before the second anniversary of the last date
2-8 the commission adopted a redistricting plan for that body during
2-9 the member's service on the commission.
2-10 Sec. 307.005. OPERATION OF COMMISSION. (a) The legislature
2-11 shall appropriate sufficient money for the compensation and payment
2-12 of the expenses of the commission members and any staff employed by
2-13 the commission.
2-14 (b) The commission shall be provided access to statistical
2-15 information compiled by the state or its political subdivisions as
2-16 necessary for the commission's reapportionment duties.
2-17 (c) The Texas Legislative Council, under the direction of
2-18 the commission, shall provide the technical staff and clerical
2-19 services that the commission needs to prepare its plans.
2-20 Sec. 307.006. DUTIES. The commission shall:
2-21 (1) adopt rules to carry out the constitutional duties
2-22 of the commission and to administer this chapter;
2-23 (2) act as the legislature's recipient of the official
2-24 census data and maps from the United States Bureau of the Census
2-25 pursuant to the federal decennial census; and
2-26 (3) comply with Chapters 551 and 552.
2-27 Sec. 307.007. REDISTRICTING PLAN; FORM. (a) For each
3-1 redistricting plan or modification of a redistricting plan adopted
3-2 by the commission, the commission shall prepare and publish a
3-3 report that includes:
3-4 (1) for each district in the plan, the total
3-5 population and the percentage deviation from the average district
3-6 population;
3-7 (2) an explanation of the criteria used in developing
3-8 the plan, with a justification of any population deviation in a
3-9 district from the average district population;
3-10 (3) a map or maps of all the districts; and
3-11 (4) the estimated cost to be incurred by the counties
3-12 for changes in county election precinct boundaries required to
3-13 conform to the districts adopted by the commission.
3-14 (b) The commission shall make a copy of a report prepared
3-15 under this section available to the public.
3-16 Sec. 307.008. REDISTRICTING PLAN STANDARDS. A redistricting
3-17 plan adopted by the commission must conform to the standards
3-18 provided by Sections 25, 26, and 28a, Article III, Texas
3-19 Constitution.
3-20 Sec. 307.009. SUBMISSION OF PLAN. On adoption of a
3-21 redistricting plan or modification of a plan by the commission, the
3-22 commission shall submit the plan or modification to the governor,
3-23 the secretary of state, and the presiding officer of each house of
3-24 the legislature.
3-25 Sec. 307.010. CESSATION OF OPERATIONS. (a) Following the
3-26 initial adoption of all plans that the commission is required to
3-27 adopt, the commission shall take all necessary steps to conclude
4-1 its business and suspend operations until the commission reconvenes
4-2 as provided by Section 28a, Article III, or Section 7a, Article V,
4-3 Texas Constitution, if it does reconvene.
4-4 (b) The commission shall prepare a financial statement
4-5 disclosing all expenditures made by the commission. The official
4-6 record of the commission shall contain all relevant information
4-7 developed by the commission in carrying out its duties, including
4-8 maps, data, minutes of meetings, written communications, and other
4-9 information.
4-10 (c) After the commission suspends operations, the secretary
4-11 of state becomes the custodian of its official records for purposes
4-12 of election administration. Any unexpended money from an
4-13 appropriation to the commission reverts to the general revenue
4-14 fund.
4-15 Sec. 307.011. CHALLENGES TO PLAN. (a) After a redistricting
4-16 plan or modification of a redistricting plan is adopted by the
4-17 commission or supreme court under Section 28a, Article III, Texas
4-18 Constitution, any registered voter may file a petition with the
4-19 supreme court challenging the plan.
4-20 (b) The supreme court may consolidate any or all petitions
4-21 and shall give the petitions precedence over all other matters.
4-22 (c) This section does not limit the remedies available under
4-23 other law to any person aggrieved by a redistricting plan.
4-24 Sec. 307.012. RECONVENING OF COMMISSION FOR REAPPORTIONMENT
4-25 OF JUDICIAL DISTRICTS. (a) If the Judicial Districts Board fails
4-26 to make a statewide reapportionment of judicial districts under
4-27 Subchapter F, Chapter 24, unless the commission is already
5-1 reconvened, the commission shall reconvene on September 1 of the
5-2 year provided by Section 7a(e), Article V, Texas Constitution, to
5-3 make the statewide reapportionment as required by Section
5-4 24.946(a).
5-5 (b) The commission shall complete the reapportionment of
5-6 judicial districts as soon as possible within the time provided by
5-7 Section 7a(e), Article V, Texas Constitution.
5-8 (c) The commission's reapportionment of judicial districts
5-9 becomes effective as provided by Sections 24.948 and 24.949.
5-10 (d) Following the effective date of a reapportionment of
5-11 judicial districts, the commission shall take all necessary steps
5-12 to conclude its business and suspend operations in accordance with
5-13 Section 307.010. The commission shall suspend operations after the
5-14 90th day after the September 1 on which the commission's authority
5-15 to adopt a reapportionment plan for the judicial districts begins,
5-16 unless the supreme court grants the commission additional time to
5-17 conduct its activities.
5-18 SECTION 2. Section 24.945(e), Government Code, is amended to
5-19 read as follows:
5-20 (e) The legislature, the Judicial Districts Board, or the
5-21 Texas [Legislative] Redistricting Commission [Board] may not
5-22 redistrict the judicial districts to provide for any judicial
5-23 district smaller in size than an entire county except as provided
5-24 by this subsection. Judicial districts smaller in size than the
5-25 entire county may be created subsequent to a general election in
5-26 which a majority of the persons voting on the proposition adopt the
5-27 proposition "to allow the division of ____________________ County
6-1 into judicial districts composed of parts of ____________________
6-2 County." A redistricting plan may not be proposed or adopted by
6-3 the legislature, the Judicial Districts Board, or the Texas
6-4 [Legislative] Redistricting Commission [Board] in anticipation of a
6-5 future action by the voters of any county.
6-6 SECTION 3. Section 24.946(a), Government Code, is amended to
6-7 read as follows:
6-8 (a) The board shall meet in accordance with its own rules.
6-9 The board shall meet at least once in each interim between regular
6-10 sessions of the legislature and shall exercise its reapportionment
6-11 powers only in the interims between regular legislative sessions.
6-12 Meetings of the board shall be subject to the provisions of Chapter
6-13 551, except as otherwise provided by this subchapter. A
6-14 reapportionment may not be ordered in the interim immediately
6-15 following a regular session of the legislature in which a valid and
6-16 subsisting statewide reapportionment of judicial districts is
6-17 enacted by the legislature. Unless the legislature enacts a
6-18 statewide reapportionment of the judicial districts following each
6-19 federal decennial census, the board shall convene not later than
6-20 the first Monday of June of the third year following the year in
6-21 which the federal decennial census is taken to make a statewide
6-22 reapportionment of the districts. The board shall complete its
6-23 work on the reapportionment and file its order with the secretary
6-24 of state not later than August 31 of the same year. If the
6-25 Judicial Districts Board fails to make a statewide apportionment by
6-26 that date, the Texas [Legislative] Redistricting Commission [Board]
6-27 established by Article III, Section 28a [28], of the Texas
7-1 Constitution shall make a statewide reapportionment of the judicial
7-2 districts not later than the 90th [150th] day after the final day
7-3 for the Judicial Districts Board to make the reapportionment, and
7-4 that apportionment takes effect as provided by Sections 24.948 and
7-5 24.949.
7-6 SECTION 4. This Act takes effect January 1, 2003, but only
7-7 if the constitutional amendment proposed by the 77th Legislature,
7-8 Regular Session, 2001, establishing the Texas Redistricting
7-9 Commission to redistrict the Texas Legislature and Texas
7-10 congressional districts and revising the constitutional
7-11 redistricting provisions, is approved by the voters. If that
7-12 proposed constitutional amendment is not approved by the voters,
7-13 this Act has no effect.