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A JOINT RESOLUTION
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proposing a constitutional amendment establishing the Texas |
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Redistricting Commission to redistrict the Texas Legislature and |
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Texas congressional districts and revising procedures for |
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redistricting. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article III, Texas Constitution, is amended by |
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adding Section 28a to read as follows: |
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Sec. 28a. (a) The Texas Redistricting Commission exercises |
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the legislative authority of this state to adopt redistricting |
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plans for the election of the Texas House of Representatives, the |
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Texas Senate, and the members of the United States House of |
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Representatives elected from this state. Districts for those |
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legislative bodies may not be established or changed except as |
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provided by this section. |
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(b) The commission consists of seven members selected as |
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follows: |
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(1) one member appointed by the member of the Texas |
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Senate with the most seniority, as defined by senate rules; |
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(2) one member appointed by the member of the Texas |
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Senate with the most seniority, as defined by senate rules, who is |
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of a different political party than the member described by |
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Subdivision (1) of this subsection; |
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(3) one member appointed by the member of the Texas |
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House of Representatives with the most seniority, as defined by |
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house rules; |
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(4) one member appointed by the member of the Texas |
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House of Representatives with the most seniority, as defined by |
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house rules, who is of a different political party than the member |
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described by Subdivision (3) of this subsection; |
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(5) one member appointed by an affirmative vote of not |
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fewer than three of the members of the commission selected under |
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Subdivisions (1) through (4) of this subsection; and |
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(6) two members appointed by the member appointed |
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under Subdivision (5) of this subsection who must be retired |
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federal judges appointed to the federal bench by presidents of |
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different political parties. |
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(c) The members of the commission shall appoint one of the |
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members to serve as presiding officer by an affirmative vote of a |
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majority of the members of the commission. |
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(d) Each member of the commission must be a resident of this |
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state and have relevant skills and abilities, including analytical |
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skills, the capacity for impartiality, and an appreciation for the |
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diverse demographics and geography of the state. A person is not |
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eligible to serve on the commission if the person: |
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(1) holds an elective or appointive public office, |
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other than the office of retired federal judge if the member is |
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appointed under Subsection (b)(6) of this section or an office on |
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the governing body of a school district; |
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(2) holds an office in a political party; |
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(3) is employed by: |
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(A) an elected or appointed public official; |
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(B) a candidate for the legislature or the United |
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States Congress; or |
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(C) an entity whose principal purpose is to |
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support or oppose a candidate described by Paragraph (B) of this |
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subdivision; |
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(4) has served in a position described by Subdivision |
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(1), (2), or (3) of this subsection within the three years preceding |
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the date the person is appointed to the commission; |
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(5) is required by law to register with the Texas |
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Ethics Commission on account of the person's communications with |
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state officers to influence legislation or administrative action, |
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or was required to register in that capacity in the three years |
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preceding the date the person was appointed to the commission; or |
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(6) is related to an elected or appointed public |
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official within the second degree by consanguinity, as determined |
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under general law governing consanguinity. |
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(e) The full term of a member of the commission is a 10-year |
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term that begins on February 1 of the year ending in 1 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 1. A vacancy on the |
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commission is filled in the same manner as provided by this section |
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for the original appointment. |
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(f) A member of the commission may not be a candidate in an |
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election for the Texas Senate or Texas House of Representatives |
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before the third anniversary of the date the commission adopts a |
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redistricting plan or modification of a plan for that body during |
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the person's service on the commission. |
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(g) A member of the Texas House of Representatives, the |
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Texas Senate, or the United States House of Representatives may not |
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have contact, directly or indirectly, with a redistricting |
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commission member or with redistricting commission staff, with |
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respect to redistricting, except by testimony in a public hearing. |
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Redistricting commission members may not engage in any discussions, |
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directly or indirectly, regarding redistricting or the work of the |
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redistricting commission with members of the Texas House of |
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Representatives, the Texas Senate, or the United States House of |
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Representatives, except during a public hearing or by written |
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communication given to the entire commission. If a redistricting |
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commission member engages in a prohibited discussion or violates |
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state law regarding public meetings, the commission may, by |
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majority vote, remove the member from the commission. |
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(h) A redistricting plan or modification of a redistricting |
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plan is adopted by a vote of not less than five members of the |
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commission. |
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(i) The members of the commission appointed under |
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Subsections (b)(1) through (4) of this section shall be appointed |
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not earlier than January 25 or later than January 31 of each year |
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ending in 1. The member appointed under Subsection (b)(5) of this |
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section shall be appointed not later than the 15th day after the |
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commission convenes under Subsection (k) of this section. The |
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members appointed under Subsection (b)(6) of this section shall be |
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appointed not later than the 15th day after the date of an |
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appointment under Subsection (b)(5) of this section. |
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(j) As soon as practicable after the commission convenes, |
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all members of the commission must attend training provided by a |
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legislative agency that has provided redistricting services to the |
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legislature. The training must include: |
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(1) information on the demographics and geography of |
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the state; |
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(2) the responsibilities of the commission; |
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(3) information on the redistricting process; and |
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(4) redistricting software training. |
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(k) The commission shall convene on the first business day |
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after January 31 of each year ending in 1 and shall adopt a |
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redistricting plan for the Texas Senate, the Texas House of |
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Representatives, and the members of the United States House of |
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Representatives elected from this state not later than July 1 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 those redistricting plans |
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not later than the 90th day after the date the census is delivered. |
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(l) The commission shall reconvene to modify a |
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redistricting plan if the plan becomes unenforceable by order of a |
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court or by action of any other appropriate authority. In modifying |
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a redistricting plan, the commission must comply with all |
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applicable standards imposed by this section, other provisions of |
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this constitution, and laws enacted under this section but is not |
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limited to modifications necessary to correct legal deficiencies. |
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(m) In a redistricting plan or modification of a plan |
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adopted under this section, the commission shall consider the |
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following criteria, giving priority to each criterion in the order |
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listed: |
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(1) districts must be drawn in accordance with the |
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federal constitution and all applicable federal laws, including the |
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federal Voting Rights Act of 1965 (52 U.S.C. Section 10101 et seq.); |
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(2) in addition to the requirements of federal law, |
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districts must be drawn in a manner that does not discriminate on |
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the basis of race, color, or membership in a language minority group |
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by ensuring the voting strength of racial, ethnic, and language |
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minorities in the districts is not diluted in a manner that deprives |
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minority voters of an equal opportunity to elect a candidate of |
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their choice; |
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(3) each district must be composed of contiguous |
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territory, and for purposes of this subdivision territory that is |
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adjoining only at a point is not considered contiguous; |
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(4) to the extent reasonable, district boundaries may |
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not divide a community of interest other than a community based on a |
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relationship with a political party or candidate for public office; |
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(5) to the extent reasonable, district boundaries must |
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coincide with the boundaries of political subdivisions of the state |
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and divide the smallest number of counties, municipalities, and |
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school districts possible; |
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(6) each congressional district must contain a |
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population as nearly equal as possible to the population of any |
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other district in the plan; and |
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(7) in a redistricting plan for the Texas Senate or |
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Texas House of Representatives the overall range of population |
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deviation from the district with the largest population to the |
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district with the smallest population may not exceed 2.5 percent. |
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(n) If a political subdivision must be divided, the |
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commission shall give preference to dividing a more populous |
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political subdivision before a less populous one. This subsection |
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does not apply to a boundary drawn along a county line that divides |
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a municipality. |
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(o) The commission may not draw a redistricting plan |
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purposely to favor or discriminate against a political party or any |
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other group. |
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(p) The commission shall provide a process by which the |
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public may comment on a proposed redistricting plan or proposed |
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modification of a plan. The commission shall consider those |
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comments in the adoption or modification of a redistricting plan. |
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(q) For a reasonable period before the commission considers |
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a redistricting plan, including a modification of a redistricting |
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plan, the commission shall make available to the public: |
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(1) a report that identifies for each district in the |
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plan: |
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(A) boundaries; |
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(B) population; |
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(C) racial and ethnic composition; |
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(D) compactness measure; |
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(E) divided governmental units; and |
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(F) political performance indexes; and |
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(2) the total number of: |
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(A) governmental units of each type that are |
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divided; |
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(B) politically balanced districts; and |
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(C) districts anticipated to lean toward each |
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political party. |
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(r) The legislature shall enact laws consistent with this |
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section to implement this section. The laws may include additional |
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qualifications for commission members and additional standards |
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applicable to redistricting plans. |
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(s) The legislature shall appropriate money or otherwise |
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provide the commission with sufficient facilities and personnel to |
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enable the commission to carry out its duties. |
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(t) This section takes effect January 1, 2021. On that |
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date, the Legislative Redistricting Board is abolished and Section |
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28 of this article is repealed. The Texas Redistricting Commission |
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shall convene for the first time on the first business day after |
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January 31, 2021. This subsection expires January 1, 2022. |
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SECTION 2. Section 7a, Article V, Texas Constitution, is |
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amended by amending Subsections (e) and (i) and adding Subsection |
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(j) to read as follows: |
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(e) Unless the legislature enacts a statewide |
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reapportionment of the judicial districts following each federal |
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decennial census, the board shall convene not later than the first |
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Monday of June of the third year following the year in which the |
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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 this constitution |
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shall convene on September 1 of the same year to make a statewide |
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reapportionment of the judicial districts not later than the 90th |
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[150th] day after the final day for the Judicial Districts Board to |
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make the reapportionment. |
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(i) 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 section. Judicial districts smaller in size than the entire |
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county may be created subsequent to a general election where a |
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majority of the persons voting on the proposition adopt the |
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proposition "to allow the division of ____________ County into |
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judicial districts composed of parts of ____________ County." No |
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redistricting plan may be proposed or adopted by the legislature, |
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the Judicial Districts Board, or the Texas [Legislative] |
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Redistricting Commission [Board] in anticipation of a future action |
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by the voters of any county. |
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(j) Until January 1, 2021, a reference in this section to |
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the Texas Redistricting Commission means the Legislative |
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Redistricting Board established under Article III, Section 28, of |
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this constitution. This subsection expires January 1, 2021. |
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SECTION 3. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 5, 2019. |
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The ballot shall be printed to permit voting for or against the |
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following proposition: "The constitutional amendment establishing |
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the Texas Redistricting Commission to redistrict the Texas |
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Legislature and Texas congressional districts and revising |
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procedures for redistricting." |