78S30075 DRH-D

By:  Hochberg                                                     H.B. No. 42 



A BILL TO BE ENTITLED

AN ACT

relating to the redistricting of congressional districts and the 
creation, function, and duties of the Texas Congressional 
Redistricting Commission.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subtitle A, Title 3, Government Code, is amended 
by adding Chapter 307 to read as follows:

CHAPTER 307.  TEXAS CONGRESSIONAL REDISTRICTING COMMISSION
	Sec. 307.001.  DEFINITIONS.  In this chapter:                           
		(1)  "Commission" means the Texas Congressional 
Redistricting Commission established by Section 28a, Article III, 
Texas Constitution.
		(2)  "Plan" means a redistricting plan for the Texas 
congressional districts adopted as provided by Section 28a, Article 
III, Texas Constitution, and this chapter.
	Sec. 307.002.  OATH.  Before serving on the commission, each 
person appointed shall take and subscribe to the constitutional 
oath of office.
	Sec. 307.003.  ELIGIBILITY.  The eligibility of a person to 
serve on the commission is as prescribed by Section 28a, Article 
III, Texas Constitution.
	Sec. 307.004.  POLITICAL ACTIVITIES PROHIBITED.  A member of 
the commission may not:
		(1)  campaign for elective office while a member of the 
commission; or
		(2)  actively participate in or contribute to the 
political campaign of a candidate for a state or federal elective 
office while a member of the commission.
	Sec. 307.005.  OPERATION OF COMMISSION.  (a)  The 
legislature shall appropriate sufficient money for the 
compensation and payment of the expenses of the commission members 
and any staff employed by the commission.
	(b)  The commission shall be provided access to statistical 
or other information compiled by the state or its political 
subdivisions as necessary for the commission's reapportionment 
duties.
	(c)  The Texas Legislative Council, under the direction of 
the commission, shall provide the technical staff and clerical 
services that the commission needs to prepare its plans.
	Sec. 307.006.  DUTIES.  The commission shall:                           
		(1)  adopt rules to carry out the constitutional duties 
of the commission and to administer this chapter; and
		(2)  comply with Chapters 551 and 552.                                 
	Sec. 307.007.  REDISTRICTING PLAN; FORM.  (a)  For a plan or 
modification of a plan adopted by the commission, the commission 
shall prepare and publish a report that includes:
		(1)  for each district in the plan, the total 
population and the percentage deviation from the average district 
population;
		(2)  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;
		(3)  a map or maps of all the districts; and                           
		(4)  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)  The commission shall make a copy of a report prepared 
under this section available to the public.
	Sec. 307.008.  REDISTRICTING PLAN STANDARDS.  A plan adopted 
by the commission must conform to the standards provided by Section 
28a, Article III, Texas Constitution.
	Sec. 307.009.  SUBMISSION OF PLAN.  On adoption of a plan or 
modification of a plan by the commission, the commission shall 
submit 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)  Following the 
initial adoption of the plan that the commission is required to 
adopt, the commission shall take all necessary steps to conclude 
its business and suspend operations until the commission reconvenes 
as provided by Section 28a, Article III, Texas Constitution, if it 
does reconvene.
	(b)  The commission shall prepare a financial statement 
disclosing all expenditures made by the commission.  The official 
record of the commission shall 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)  After the commission suspends operations, the secretary 
of state becomes the custodian of its official records for purposes 
of election administration.  Any unexpended money from an 
appropriation to the commission reverts to the general revenue 
fund.
	SECTION 2.  This Act takes effect January 1, 2005, but only 
if the constitutional amendment proposed by the 78th Legislature, 
3rd Called Session, 2003, establishing the Texas Congressional 
Redistricting Commission to redistrict Texas congressional 
districts is approved by the voters.  If that proposed 
constitutional amendment is not approved by the voters, this Act 
has no effect.