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By: Wentworth S.B. No. 7
A BILL TO BE ENTITLED
AN ACT
relating to the reapportionment 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.
(2) "Plan" means a redistricting plan for the Texas
congressional districts adopted as provided by this chapter.
Sec. 307.002. TEXAS CONGRESSIONAL REDISTRICTING
COMMISSION. The Texas Congressional Redistricting Commission
exercises the legislative authority of this state to adopt
redistricting plans for the election of the members of the United
States House of Representatives elected from this state. Districts
for that legislative body may not be established while the
commission has authority to act under this chapter.
Sec. 307.003. MEMBERSHIP; TERMS. (a) The commission
consists of nine members selected as follows:
(1) two members appointed by a majority vote of the
members of the Texas House of Representatives belonging to the
political party with the most members in the house of
representatives;
(2) two members appointed by a majority vote of the
members of the Texas House of Representatives belonging to the
political party with the second highest number of members in the
house of representatives;
(3) two members appointed by a majority vote of the
members of the Texas Senate belonging to the political party with
the most members in the senate;
(4) two members appointed by a majority vote of the
members of the Texas Senate belonging to the political party with
the second highest number of members in the senate; and
(5) one member appointed by an affirmative vote of not
fewer than five of the members of the commission selected under
Subdivisions (1) through (4).
(b) The member appointed under Subsection (a)(5) is a
nonvoting member and serves as presiding officer of the commission.
(c) Each member of the commission must be a resident of this
state. A person is not eligible to serve on the commission if the
person:
(1) holds an elective public office;
(2) holds an office in a political party other than
membership on a precinct committee; or
(3) has served in a position described by Subdivision
(1) or (2) within the two years preceding the date the person is
appointed to the commission.
(d) The full term of a member of the commission is a two-year
term that begins on February 1 of the year ending in one in which the
initial appointment to the position is required to be made. At the
conclusion of a member's two-year term, the authority of the
commission to act under this chapter expires until the appointment
of new members in the subsequent year ending in one.
(e) A vacancy on the commission is filled in the same manner
as provided by this section for the original appointment, except
that, if the commission is convened when the vacancy occurs or if
the vacancy exists when the commission reconvenes, the supreme
court shall fill the vacancy if the initial appointing authority
fails to fill the vacancy on or before the 20th day after the date
the vacancy occurs or the commission reconvenes, as applicable.
The supreme court shall fill the vacancy not later than the ninth
day after the earliest date on which the supreme court may fill the
vacancy, or as soon after the ninth day as possible. The members of
the Texas House of Representatives or Texas Senate authorized to
appoint a member of the commission may meet as necessary to make an
appointment or to fill a vacancy.
(f) The members of the commission appointed under
Subsections (a)(1) through (4) shall be appointed not earlier than
January 25 or later than January 31 of each year ending in one. The
member appointed under Subsection (a)(5) shall be appointed not
later than the 30th day after the commission convenes under Section
307.008(b). If a member is not appointed in the time provided by
this subsection, the supreme court shall make the appointment
before the sixth day after the last date on which the initial
appointing authority could have made the appointment, or as soon
after the sixth day as possible.
Sec. 307.004. OATH. Before serving on the commission, each
person appointed shall take and subscribe to the constitutional
oath of office.
Sec. 307.005. 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. 307.006. 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. 307.007. DUTIES. The commission shall:
(1) adopt rules to administer this chapter; and
(2) comply with Chapters 551 and 552.
Sec. 307.008. ADOPTION OF PLAN. (a) A redistricting plan
or modification of a redistricting plan is adopted by a vote of not
less than five members of the commission.
(b) The commission shall convene on the first business day
after January 31 of each year ending in one and shall adopt a
redistricting plan for the members of the United States House of
Representatives elected from this state not later than July 1 of
that year, unless the federal decennial census is delivered to the
appropriate officials of this state after May 1 of that year, in
which event the commission shall adopt the redistricting plan not
later than the 90th day after the date the census is delivered.
(c) If the commission does not adopt a plan within the time
required by Subsection (b), the commission's authority to adopt a
plan is suspended and the supreme court shall adopt the plan not
later than September 1 of the year in which the census is delivered,
or the 60th day after the last date by which the commission is
directed to adopt a plan under Subsection (b), whichever date is
later.
Sec. 307.009. MODIFICATION OF PLAN; ADDITIONAL ACTION.
(a) The commission may reconvene on the motion of at least four of
its voting members filed with the secretary of state at any time
after the adoption of the initial congressional redistricting plan
to modify that plan if the plan becomes unenforceable by order of a
court or by action of any other appropriate authority or is subject
to legal challenge in a court proceeding. In modifying a
redistricting plan, the commission must comply with all applicable
standards imposed by this chapter, but is not limited to
modifications necessary to correct legal deficiencies.
(b) The commission may reconvene in the manner provided by
Subsection (a) to adopt a redistricting plan if the supreme court
does not adopt a plan for the applicable body in the time provided
by Section 307.008(c), if the supreme court is required to adopt a
plan for that body because the commission did not adopt an initial
plan for that body as required by Section 307.008(b).
Sec. 307.010. PLAN REQUIREMENTS. (a) In a redistricting
plan or modification of a plan adopted under this chapter:
(1) each district must be composed of contiguous
territory;
(2) each district must contain a population, excluding
nonresident military personnel, as nearly equal as practicable to
the population of any other district in the plan; and
(3) to the extent reasonable, each district must be
compact and convenient and be separated from adjoining districts by
natural geographic barriers, artificial barriers, or political
subdivision boundaries.
(b) The commission or supreme court may not draw a
redistricting plan purposely to favor or discriminate against a
political party or any other group.
(c) For each 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.
(d) The commission shall make a copy of a report prepared
under this section available to the public.
Sec. 307.011. 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. 307.012. 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 307.009 if it does reconvene. On expiration
of the terms of the members of the committee, the committee shall
suspend its operations until the appointment of new members in the
subsequent year ending in one.
(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.
Sec. 307.013. CHALLENGES TO PLAN. (a) After a plan or
modification of a plan is adopted by the commission or supreme
court, any person aggrieved by the plan or modification may file a
petition with the supreme court challenging the plan.
(b) The supreme court has original jurisdiction to hear and
decide cases involving congressional redistricting, including a
case involving a redistricting plan adopted by the supreme court
under this chapter. A member of the court is not disqualified from
participating in a redistricting case because the member has
participated or may participate in the adoption of a redistricting
plan, but may recuse himself or herself from the case. This
subsection supersedes any other law, including an applicable code
of judicial conduct, with regard to conflicts of interest by or
disqualification of a member of the court.
(c) The supreme court may consolidate any or all petitions
and shall give the petitions precedence over all other matters.
(d) This section does not limit the remedies available under
other law to any person aggrieved by a plan.
SECTION 2. This Act takes effect January 1, 2005.