BILL ANALYSIS

 

 

 

C.S.H.B. 600

By: Solomons

Redistricting

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

The Texas Legislature is required to redistrict state senate and house districts in the first regular session following publication of the United States decennial census. Though no Texas constitutional or statutory provisions govern congressional and State Board of Education (SBOE) redistricting, as a practical matter the legislature also must draw districts for the congressional seats apportioned to Texas and for the SBOE before the candidates' filing period opens for the primary elections held in 2012.  The United States Supreme Court has ruled that under the Equal Protection Clause of the 14th Amendment of the United States Constitution these districts must be substantially equal in population.  This is sometimes referred to as the one-person, one-vote principle.

 

Based on the 2010 federal census, the total population of Texas is 25,145,561, and the ideal population of a State Board of Education district is 1,676,371.  In the current plan, according to the 2010 census, the largest district, District 8 has a population of 1,691,564, or 0.91 percent over the ideal district.  The smallest district, District 3 has a population of 1,660,515, or 0.95 percent less than the ideal district.  The total range of deviation between the largest and smallest districts is 1.86 percent.  To establish districts that satisfy the requirement to be substantially equal in population and other state interests, C.S.H.B. 600 defines new districts for the election of members of the State Board of Education.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 600, in Article I, provides that the districts from which the members of the State Board of Education (SBOE) are elected are the districts as provided by Article II of this bill and identified as PlanE111 on the redistricting computer system operated by the Texas Legislative Council.  The bill provides that one member is elected from each district established by the bill and that for purposes of other law, the bill constitutes a decennial reapportionment. 

 

C.S.H.B. 600, in Article II, sets out the census geographic composition of each of the 15 SBOE districts in Texas.  The boundaries of the districts in the bill are illustrated in the attached maps generated by the Texas Legislative Council's Redistricting Application (REDAPPL). The demographic and other characteristics of each district in the bill are analyzed in the attached reports generated by REDAPPL.  The reports provide the following information:

·         The report labeled Red-100 provides a population analysis of the districts contained in the bill and shows the overall range of deviation for the plan, the population for the smallest and largest districts and, for each district, the deviation from the ideal district population, and the average or mean district population and deviation. The report also shows whether any geography in the state is unassigned and whether the districts are contiguous.  For each district, the report shows the district's total population and voting age population and shows for those populations the Anglo, Black, Hispanic, Black plus Hispanic, and Other population, along with corresponding percentages.  For each portion of a county contained in the district, the report shows the total, Anglo, Black, Hispanic, Black plus Hispanic, and Other population, along with corresponding percentages.  For each district, the report also shows the total deviation and percentage deviation from the ideal district population.

·         The report labeled Red-200 provides, for each district in the bill, the total deviation and percentage deviation from the ideal district population; the total population and total voting age population for the district and shows for those populations the Anglo, Black, Hispanic, Black plus Hispanic, and Other population, along with corresponding percentages; and, for the years 2008 and 2010, total registered voters (with the percentage of registered voters with Spanish surnames), total voter turnout, and the percentage of registered voters who turned out.

·         The report labeled Red-350 provides a list of the proposed new districts by district number and indicates the incumbent member or members whose residence is located in each district, if any.

 

C.S.H.B. 600, in Article III, defines certain geographic terms used in the textual description of the districts and provides legislative intent as to the omission of any geographic area.  The bill specifies that the SBOE is composed of 15 members elected from districts. The bill specifies that it supersedes all previous enactments or orders adopting such districts and repeals all previous acts of the legislature adopting such districts.  The bill specifies that the districts established by the bill apply to the election of the members of the SBOE beginning with the primary and general elections in 2012 for members of the SBOE in 2013 and that the bill does not affect the membership or districts of the SBOE before January 1, 2013.

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, August 29, 2011.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

C.S.H.B. 600, identified as PlanE111, differs from the original by defining districts that satisfy the requirement to be substantially equal in population, whereas the original bill, identified as PlanE112, provided that territory from three existing districts (Districts 10, 9, and 14) was to be transferred to three other existing districts (Districts 3, 8, and 15, respectively).  The substitute differs from the original as analyzed in the attached report generated by REDAPPL, which provides the following information:

·         The report labeled Red-340 provides another means to compare districts in the substitute (PlanE111) with the districts contained in the original bill (PlanE112).  For each proposed district in the substitute, the report shows, based on 2010 census and general election data:

o        the total population and percentage of Anglo, Black, Hispanic, Black plus Hispanic, and Other persons living in the district

o        registered voters (with the percentage of registered voters with Spanish surnames), voter turnout for the district, and the percentage of registered voters who turned out

o        the percentage of existing districts used to compose each proposed new district in the substitute; for the portion of each existing district that is contained in a proposed new district, the total population and percentage of Anglo, Black, Hispanic, Black plus Hispanic, and Other persons; and registered voters (with the percentage of registered voters with Spanish surnames), voter turnout, and the percentage of registered voters who turned out