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A BILL TO BE ENTITLED
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AN ACT
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relating to the reapportionment of state legislative, |
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congressional, and judicial districts and the creation, function, |
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and duties of the Texas 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 REDISTRICTING COMMISSION |
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Sec. 307.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Texas Redistricting |
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Commission established by Section 28a, Article III, Texas |
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Constitution. |
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(2) "Plan" means a redistricting plan for the Texas |
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Senate, Texas House of Representatives, or Texas congressional |
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districts adopted as provided by Section 28a, Article III, Texas |
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Constitution, and this chapter. |
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Sec. 307.002. 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. 307.003. ELIGIBILITY. The eligibility of a person to |
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serve on the commission is as prescribed by Section 28a, Article |
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III, Texas Constitution. |
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Sec. 307.004. PROHIBITED ACTIVITIES. A member of the |
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commission may not: |
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(1) campaign for elective office while a member of the |
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commission; |
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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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(3) serve as or be a candidate to be a member of the |
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Texas Legislature before the third anniversary of the date the |
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commission adopted a redistricting plan for that body during the |
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member's service on the commission; or |
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(4) perform an activity for which a person is required |
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to register under Section 305.003. |
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Sec. 307.005. 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. 307.006. DUTIES. The commission shall: |
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(1) adopt rules to carry out the constitutional duties |
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of the commission and to administer this chapter; and |
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(2) act as the legislature's recipient of the official |
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census data and maps from the United States Census Bureau pursuant |
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to the federal decennial census. |
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Sec. 307.007. REDISTRICTING PLAN; FORM. (a) For each plan |
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or modification of a plan adopted by the commission, the commission |
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shall prepare and publish a report that 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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(b) 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. 307.008. REDISTRICTING PLAN STANDARDS. (a) A plan |
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adopted by the commission must conform to the standards provided by |
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Sections 25, 26, and 28a, Article III, Texas Constitution. |
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(b) In developing a plan, the commission may not consider: |
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(1) the potential effects of the districts on |
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incumbents or potential candidates for office; |
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(2) the residence of any elected official or potential |
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candidate for office; |
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(3) any information involving the past political |
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performance of a specific geographic area, except as necessary to |
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comply with federal law; and |
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(4) data concerning party affiliation or voting |
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history, except as necessary to comply with federal law. |
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Sec. 307.009. HEARINGS. (a) After proposing an initial |
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plan or subsequent modification for each body for which the |
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commission is required to adopt a plan, the commission shall hold |
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public hearings in not fewer than four different geographic regions |
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to consider each plan or modification. |
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(b) The commission shall provide public notice of a hearing |
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not less than 14 days before the date of the hearing. |
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(c) After reviewing all information received at each |
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hearing, the commission shall make all necessary revisions of the |
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initial plan or modification before final adoption of a plan or |
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modification of a plan. |
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Sec. 307.010. DISCLOSURE OF DATA REQUIRED. The commission |
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shall make all plans submitted to the commission, including the |
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commission's initial plans and all subsequent modifications, |
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hearing transcripts, minutes of meetings, maps, narrative |
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descriptions of proposed districts, and other data used by the |
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commission available to the public through the use of an Internet |
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website and other appropriate means. |
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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 all plans 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 28a, Article III, or Section 7a, Article V, |
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Texas Constitution, 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 must 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. After a plan or |
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modification of a plan is adopted by the commission, any person |
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aggrieved by the plan may file a petition with the supreme court |
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challenging the plan. |
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Sec. 307.014. RECONVENING OF COMMISSION FOR |
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REAPPORTIONMENT OF JUDICIAL DISTRICTS. (a) If the Judicial |
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Districts Board fails to make a statewide reapportionment of |
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judicial districts under Subchapter F, Chapter 24, unless the |
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commission is already reconvened, the commission shall reconvene on |
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September 1 of the year provided by Section 7a(e), Article V, Texas |
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Constitution, to make the statewide reapportionment as required by |
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Section 24.946(a). |
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(b) The commission shall complete the reapportionment of |
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judicial districts as soon as possible within the time provided by |
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Section 7a(e), Article V, Texas Constitution. |
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(c) The commission's reapportionment of judicial districts |
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becomes effective as provided by Sections 24.948 and 24.949. |
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(d) Following the effective date of a reapportionment of |
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judicial districts, the commission shall take all necessary steps |
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to conclude its business and suspend operations in accordance with |
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Section 307.012. The commission shall suspend operations after the |
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90th day after the September 1 on which the commission's authority |
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to adopt a reapportionment plan for the judicial districts begins, |
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unless the supreme court grants the commission additional time to |
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conduct its activities. |
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SECTION 2. Section 24.945(e), Government Code, is amended |
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to read as follows: |
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(e) The legislature, the Judicial Districts Board, or the |
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Texas [Legislative] Redistricting Commission [Board] may not |
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redistrict the judicial districts to provide for any judicial |
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district smaller in size than an entire county except as provided by |
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this subsection. Judicial districts smaller in size than the |
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entire county may be created subsequent to a general election in |
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which a majority of the persons voting on the proposition adopt the |
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proposition "to allow the division of ____________________ County |
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into judicial districts composed of parts of ____________________ |
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County." A redistricting plan may not be proposed or adopted by the |
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legislature, the Judicial Districts Board, or the Texas |
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[Legislative] Redistricting Commission [Board] in anticipation of |
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a future action by the voters of any county. |
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SECTION 3. Section 24.946(a), Government Code, is amended |
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to read as follows: |
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(a) The board shall meet in accordance with its own rules. |
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The board shall meet at least once in each interim between regular |
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sessions of the legislature and shall exercise its reapportionment |
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powers only in the interims between regular legislative sessions. |
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Meetings of the board shall be subject to the provisions of Chapter |
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551, except as otherwise provided by this subchapter. A |
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reapportionment may not be ordered in the interim immediately |
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following a regular session of the legislature in which a valid and |
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subsisting statewide reapportionment of judicial districts is |
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enacted by the legislature. Unless the legislature enacts a |
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statewide reapportionment of the judicial districts following each |
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federal decennial census, the board shall convene not later than |
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the first Monday of June of the third year following the year in |
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which the federal decennial census is taken to make a statewide |
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reapportionment of the districts. The board shall complete its |
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work on the reapportionment and file its order with the secretary of |
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state not later than August 31 of the same year. If the Judicial |
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Districts Board fails to make a statewide apportionment by that |
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date, the Texas [Legislative] Redistricting Commission [Board] |
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established by Article III, Section 28a [28], of the Texas |
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Constitution shall make a statewide reapportionment of the judicial |
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districts not later than the 90th [150th] day after the final day |
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for the Judicial Districts Board to make the reapportionment, and |
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that apportionment takes effect as provided by Sections 24.948 and |
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24.949. |
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SECTION 4. Section 2058.002(a), Government Code, is amended |
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to read as follows: |
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(a) The legislature or the Texas [Legislative] |
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Redistricting Commission [Board] under Article III, Section 28a |
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[28], of the Texas Constitution may officially recognize or act on a |
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federal decennial census before September 1 of the year after the |
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calendar year during which the census was taken. |
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SECTION 5. This Act takes effect January 1, 2021, but only |
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if the constitutional amendment proposed by the 85th Legislature, |
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Regular Session, 2017, establishing the Texas Redistricting |
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Commission to redistrict the Texas Legislature and Texas |
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congressional districts and revising procedures for redistricting |
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is approved by the voters. If that proposed constitutional |
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amendment is not approved by the voters, this Act has no effect. |