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A BILL TO BE ENTITLED
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AN ACT
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relating to the reapportionment of congressional districts and the |
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creation, function, and duties of the Texas Congressional |
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Redistricting Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 3, Government Code, is amended |
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by adding Chapter 307 to read as follows: |
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CHAPTER 307. TEXAS CONGRESSIONAL REDISTRICTING COMMISSION |
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Sec. 307.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Texas Congressional |
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Redistricting Commission. |
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(2) "Plan" means a redistricting plan for the Texas |
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congressional districts adopted as provided by this chapter. |
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Sec. 307.002. TEXAS CONGRESSIONAL REDISTRICTING |
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COMMISSION. The Texas Congressional Redistricting Commission |
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exercises the legislative authority of this state to adopt |
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redistricting plans for the election of the members of the United |
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States House of Representatives elected from this state. A plan for |
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congressional districts may be established or modified only by the |
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commission as provided by this chapter. |
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Sec. 307.003. MEMBERSHIP; TERMS. (a) The initial |
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commission consists of nine members selected as follows: |
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(1) two members appointed by a majority vote of the |
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members of the Texas House of Representatives belonging to the |
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political party with the most members in the house of |
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representatives; |
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(2) two members appointed by a majority vote of the |
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members of the Texas House of Representatives belonging to the |
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political party with the second highest number of members in the |
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house of representatives; |
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(3) two members appointed by a majority vote of the |
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members of the Texas Senate belonging to the political party with |
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the most members in the senate; |
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(4) two members appointed by a majority vote of the |
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members of the Texas Senate belonging to the political party with |
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the second highest number of members in the senate; and |
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(5) one member appointed by an affirmative vote of not |
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fewer than five of the members of the commission selected under |
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Subdivisions (1)-(4). |
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(b) The member appointed under Subsection (a)(5) is a |
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nonvoting member and serves as presiding officer of the commission. |
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(c) Each member of the commission must be a resident of this |
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state. At least one member appointed by the Texas House of |
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Representatives and one member appointed by the Texas Senate must |
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reside in a county not designated as a metropolitan statistical |
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area as defined by the United States Office of Management and |
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Budget. If the members of a house of the legislature entitled to |
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make an appointment to the commission cannot agree on whether the |
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members belonging to the political party with the most members or |
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the political party with the second highest number of members will |
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make the appointment required by this subsection, the presiding |
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officer of that house shall designate the members who must make the |
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appointment required by this subsection. |
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(d) A person is not eligible to serve on the commission if |
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the person: |
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(1) holds an elective public office; |
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(2) holds an office in a political party other than |
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membership on a precinct committee; |
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(3) has served in a position described by Subdivision |
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(1) or (2) within the two years preceding the date the person is |
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appointed to the commission; or |
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(4) is required to register under Section 305.003 or |
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was required to register under that section in the two years |
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preceding the date the person is appointed to the commission. |
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(e) The full term of a member of the commission is a two-year |
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term that begins on February 1 of the year ending in one in which the |
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initial appointment to the position is required to be made and |
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expires on January 31 of the next year ending in three. |
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(f) A vacancy on the commission is filled in the same manner |
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as provided by this section for the original appointment, except |
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that if the commission is convened when the vacancy occurs or if the |
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vacancy exists when the commission reconvenes, the supreme court |
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shall fill the vacancy if the initial appointing authority fails to |
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fill the vacancy on or before the 20th day after the date the |
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vacancy occurs or the commission reconvenes, as applicable. The |
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supreme court shall fill the vacancy not later than the ninth day |
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after the earliest date on which the supreme court may fill the |
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vacancy, or as soon after the ninth day as possible. The members of |
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the Texas House of Representatives or Texas Senate authorized to |
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appoint a member of the commission may meet as necessary to make an |
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appointment or to fill a vacancy. |
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(g) The members of the commission appointed under |
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Subsections (a)(1)-(4) shall be appointed not earlier than January |
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25 or later than January 31 of each year ending in one. The member |
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appointed under Subsection (a)(5) shall be appointed not later than |
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the 30th day after the commission convenes under Section |
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307.008(b). If a member is not appointed in the time provided by |
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this subsection, the supreme court shall make the appointment |
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before the sixth day after the last date on which the initial |
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appointing authority could have made the appointment, or as soon |
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after the sixth day as possible. |
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Sec. 307.004. OATH. Before serving on the commission, each |
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person appointed shall take and subscribe to the constitutional |
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oath of office. |
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Sec. 307.005. POLITICAL ACTIVITIES PROHIBITED. A member of |
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the commission may not: |
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(1) be a candidate for or campaign for elective office |
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while a member of the commission; or |
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(2) actively participate in or contribute to the |
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political campaign of a candidate for a state or federal elective |
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office while a member of the commission. |
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Sec. 307.006. OPERATION OF COMMISSION. (a) The |
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legislature shall appropriate sufficient money for the |
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compensation and payment of the expenses of the commission members |
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and any staff employed by the commission. |
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(b) The commission shall be provided access to statistical |
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or other information compiled by the state or its political |
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subdivisions as necessary for the commission's reapportionment |
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duties. |
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(c) The Texas Legislative Council, under the direction of |
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the commission, shall provide the technical staff and clerical |
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services that the commission needs to prepare its plans. |
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Sec. 307.007. DUTIES. The commission shall: |
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(1) adopt rules to administer this chapter; and |
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(2) comply with Chapters 551 and 552. |
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Sec. 307.008. ADOPTION OF PLAN. (a) A redistricting plan |
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or modification of a redistricting plan is adopted by a vote of not |
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fewer than five members of the commission. |
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(b) The commission shall convene on the first business day |
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after January 31 of each year ending in one and shall adopt a |
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redistricting plan for the members of the United States House of |
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Representatives elected from this state not later than June 15 of |
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that year, unless the federal decennial census is delivered to the |
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appropriate officials of this state after May 1 of that year, in |
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which event the commission shall adopt the redistricting plan not |
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later than the 75th day after the date the census is delivered. |
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(c) If the commission does not adopt a plan within the time |
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required by Subsection (b), not later than the second day after the |
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date of the deadline for commission action prescribed by Subsection |
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(b), the chief justice of the supreme court shall appoint a person |
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to serve as an additional voting member of the commission. The |
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person appointed must be eligible to serve on the commission. The |
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term of a member appointed under this section expires on the same |
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day as the other voting members of the commission. |
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(d) Following appointment of a member under Subsection (c), |
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the commission shall adopt a redistricting plan not later than the |
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45th day after the date of the deadline for commission action |
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prescribed by Subsection (b). |
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(e) If the commission does not adopt a plan within the time |
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required by Subsection (d), the commission's authority to adopt a |
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plan is suspended and the supreme court shall adopt the plan not |
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later than the 45th day after the date of the deadline for |
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commission action prescribed by Subsection (d). |
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Sec. 307.009. MODIFICATION OF PLAN; ADDITIONAL ACTION. |
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(a) Except as provided by Subsection (c), the commission may |
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reconvene on the motion of at least four of its voting members filed |
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with the secretary of state at any time after the adoption of the |
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initial congressional redistricting plan to modify that plan if the |
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plan becomes unenforceable by order of a court or by action of any |
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other appropriate authority or is subject to legal challenge in a |
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court proceeding. In modifying a redistricting plan, the |
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commission must comply with all applicable standards imposed by |
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this chapter, but is not limited to modifications necessary to |
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correct legal deficiencies. |
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(b) The commission may reconvene in the manner provided by |
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Subsection (a) to adopt a redistricting plan if the supreme court |
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does not adopt a congressional redistricting plan in the time |
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required by Section 307.008(e). |
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(c) The authority of the commission to act under this |
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chapter expires on January 31 of the next year ending in three |
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unless the final judgment of a court wholly or partly invalidates a |
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plan after that date. |
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Sec. 307.010. PLAN REQUIREMENTS. (a) In a redistricting |
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plan or modification of a plan adopted under this chapter: |
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(1) each district must be composed of contiguous |
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territory; |
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(2) each district must contain a population, excluding |
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nonresident military personnel, as nearly equal as practicable to |
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the population of any other district in the plan; and |
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(3) to the extent reasonable, each district must be |
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compact and convenient and be separated from adjoining districts by |
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natural geographic barriers, artificial barriers, or political |
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subdivision boundaries. |
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(b) For each plan or modification of a plan adopted by the |
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commission, the commission shall prepare and publish a report that |
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includes: |
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(1) for each district in the plan, the total |
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population and the percentage deviation from the average district |
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population; |
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(2) an explanation of the criteria used in developing |
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the plan, with a justification of any population deviation in a |
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district from the average district population; |
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(3) a map or maps of all the districts; and |
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(4) the estimated cost to be incurred by the counties |
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for changes in county election precinct boundaries required to |
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conform to the districts adopted by the commission. |
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(c) The commission shall make a copy of a report prepared |
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under this section available to the public. |
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Sec. 307.011. SUBMISSION OF PLAN. On adoption of a plan or |
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modification of a plan by the commission, the commission shall |
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submit the plan or modification to the governor, the secretary of |
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state, and the presiding officer of each house of the legislature. |
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Sec. 307.012. CESSATION OF OPERATIONS. (a) Following the |
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initial adoption of the plan that the commission is required to |
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adopt, the commission shall take all necessary steps to conclude |
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its business and suspend operations until the commission reconvenes |
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as provided by Section 307.009, if it does reconvene. |
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(b) The commission shall prepare a financial statement |
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disclosing all expenditures made by the commission. The official |
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record of the commission shall contain all relevant information |
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developed by the commission in carrying out its duties, including |
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maps, data, minutes of meetings, written communications, and other |
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information. |
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(c) After the commission suspends operations, the secretary |
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of state becomes the custodian of its official records for purposes |
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of election administration. Any unexpended money from an |
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appropriation to the commission reverts to the general revenue |
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fund. |
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Sec. 307.013. CHALLENGES TO PLAN. (a) After a plan or |
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modification of a plan is adopted by the commission or supreme |
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court, any person aggrieved by the plan or modification may file a |
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petition with the supreme court challenging the plan. |
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(b) The supreme court has original jurisdiction to hear and |
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decide cases involving congressional redistricting, including a |
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case involving a redistricting plan adopted by the supreme court |
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under this chapter. A member of the court is not disqualified from |
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participating in a redistricting case because the member has |
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participated or may participate in the adoption of a redistricting |
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plan, but may recuse himself or herself from the case. This |
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subsection supersedes any other law, including an applicable code |
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of judicial conduct, with regard to conflicts of interest by or |
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disqualification of a member of the court. |
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(c) The supreme court may consolidate any or all petitions |
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and shall give the petitions precedence over all other matters. |
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(d) This section does not limit the remedies available under |
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other law to any person aggrieved by a plan. |
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Sec. 307.014. REAPPOINTMENT OF COMMISSION FOLLOWING COURT |
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ACTION. (a) If the final judgment of a state or federal court |
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invalidates all or part of a plan or otherwise makes the plan |
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unenforceable and as of January 31 of the next year ending in three |
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the commission has not modified the plan as authorized by Section |
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307.009 in response to the judgment, a new commission shall be |
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appointed in the manner provided by Section 307.003, except that |
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the appointments described by Sections 307.003(a)(1)-(4) must be |
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made not later than the later of the 14th day after the date the |
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judgment becomes final or February 14 of the next year ending in |
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three. The commission shall convene not later than the fifth day |
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after the date the last appointment described by Sections |
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307.003(a)(1)-(4) is made, and the commission must make the |
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appointment described by Section 307.003(a)(5) not later than the |
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fifth day after the date the commission convenes. |
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(b) A commission appointed under Subsection (a) has the same |
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powers and duties under this chapter as a commission appointed |
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under Section 307.003 except that the terms of the members of the |
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commission and the authority of the commission to act under this |
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chapter expire on the earlier of: |
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(1) the date a judgment of a court approving a new plan |
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adopted by the commission becomes final; or |
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(2) the second anniversary of the date the commission |
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first convenes under Subsection (a). |
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SECTION 2. This Act takes effect January 1, 2011. |
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