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A BILL TO BE ENTITLED
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AN ACT
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relating to the inclusion of an incarcerated person in the |
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population data used for redistricting according to the person's |
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last residence before incarceration. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2058, Government Code, is amended by |
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adding Sections 2058.003 and 2058.004 to read as follows: |
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Sec. 2058.003. INCLUSION OF INCARCERATED PERSONS IN CENSUS |
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COUNTS. (a) Not later than the next May 1 following the date on |
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which the tract-level population counts for this state from the |
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federal decennial census are released by the director of the Bureau |
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of the Census of the United States Department of Commerce, the |
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comptroller shall prepare and disseminate adjusted population |
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counts for each geographic unit included in the census counts as |
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provided by this section. |
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(b) Not later than June 1 of the year in which the federal |
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decennial census is conducted, each state or local governmental |
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entity in this state that operates a facility for the incarceration |
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of persons convicted of a criminal offense, including a mental |
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health institution for those persons, or that places any person |
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convicted of a criminal offense in a private facility to be |
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incarcerated on behalf of the governmental entity, shall submit a |
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report to the comptroller with the following information: |
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(1) the name of each person incarcerated in a facility |
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operated by the governmental entity or in a private facility on |
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behalf of the governmental entity on the date for which the census |
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reports population who completed a census form, responded to a |
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census inquiry, or was included in any report provided to census |
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officials, if the form, response, or report indicated that the |
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person resided at the facility on that date; |
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(2) the age, gender, and race of each person included |
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in the report and whether the person is of Hispanic, Latino, or |
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Spanish origin, if known; and |
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(3) the last address at which the person resided |
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before the person's current incarceration. |
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(c) Each governmental entity required to make a report under |
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Subsection (b) shall ensure that the entity collects and maintains |
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the information required to make the report. The comptroller shall |
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prescribe procedures that a governmental entity shall use to permit |
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each person included in the report to indicate the person's race and |
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ethnicity for purposes of Subsection (b)(2) in a manner similar to |
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the manner in which a person not incarcerated would indicate the |
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person's race and ethnicity for the federal decennial census. |
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(d) The comptroller shall request each agency that operates |
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a federal facility in this state that incarcerates persons |
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convicted of a criminal offense to provide the comptroller with a |
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report including the information listed in Subsection (b) for |
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persons convicted of an offense in this state. |
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(e) For each person included in a report received under |
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Subsection (b) or (d), the comptroller shall determine the |
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geographic units for which population counts are reported in the |
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federal decennial census that contain the last address at which the |
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person resided before the person's incarceration according to the |
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report and, if that address is in this state: |
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(1) adjust all relevant population counts reported in |
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the census, including populations by age, gender, race, and |
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Hispanic, Latino, or Spanish descent, as if the person resided at |
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that address on the day for which the census reports population; and |
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(2) eliminate the person from all applicable |
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population counts reported in the federal decennial census for the |
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geographic units that include the facility at which the person was |
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incarcerated on the day for which the census reports population. |
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Sec. 2058.004. USE OF ADJUSTED CENSUS COUNTS FOR |
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REDISTRICTING. (a) Each political subdivision of this state that |
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elects any members of a governmental body from election districts, |
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wards, or precincts that are subject to the one-person one-vote |
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requirement of the Constitution of the United States shall ensure |
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that after redistricting each of those election districts, wards, |
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or precincts does not vary from the average population of those |
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districts, wards, or precincts according to the most recent |
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adjusted population counts prepared by the comptroller under |
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Section 2058.003 by more than five percent. |
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(b) A state governmental body, including the legislature, |
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the Legislative Redistricting Board, or any state court, that |
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redistricts any election districts subject to the one-person |
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one-vote requirement of the Constitution of the United States shall |
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comply with the restriction provided by Subsection (a). |
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(c) A governmental entity to which this section applies may |
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exceed the adjusted population restrictions required by this |
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section only to the extent necessary to comply with federal law or |
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the Texas Constitution. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |