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A JOINT RESOLUTION
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proposing a constitutional amendment establishing the Texas |
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Redistricting Commission and providing redistricting procedures |
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for state legislative, state judicial, and congressional |
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districts. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 28, Article III, Texas Constitution, is |
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amended to read as follows: |
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Sec. 28. (a) In this section: |
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(1) "Commission" means the Texas Redistricting |
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Commission. |
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(2) "Majority party" means the political party with |
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the most members among the combined membership of the Texas Senate |
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and the Texas House of Representatives. |
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(3) "Minority party" means the political party with |
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the second highest number of members among the combined membership |
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of the Texas Senate and the Texas House of Representatives. |
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(b) Following [The Legislature shall, at its first regular
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session after] the publication of each United States decennial |
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census, [apportion] the state shall be apportioned into senatorial |
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and representative districts, agreeable to the provisions of |
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Sections 25 and 26 of this article [Article]. The legislature and |
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the Texas Redistricting Commission exercise the legislative |
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authority of this state to adopt redistricting plans for the |
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election of the Texas House of Representatives, the Texas Senate, |
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and the members of the United States House of Representatives |
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elected from this state in the manner provided by this section and |
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Section 28a of this article. Districts for those legislative |
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bodies may not be established or changed except as provided by this |
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section and Section 28a of this article. |
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(c) The commission consists of the following seven members: |
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(1) the governor; |
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(2) the comptroller; |
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(3) the secretary of state; |
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(4) one member appointed by the speaker of the Texas |
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House of Representatives; |
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(5) one member appointed by majority vote of the party |
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caucus for the political party with the most members in the Texas |
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House of Representatives of which the speaker of the Texas House of |
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Representatives is not a member; |
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(6) one member appointed by the president of the Texas |
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Senate; and |
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(7) one member appointed by majority vote of the party |
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caucus for the political party with the most members in the Texas |
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Senate of which the president of the Texas Senate is not a member. |
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(d) An appointed member of the commission may not be a |
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current member of Congress. |
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(e) Two members of the commission serve as co-chairs. One |
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co-chair is selected by majority vote of the members of the Texas |
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Senate and the Texas House of Representatives who belong to the |
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majority party and one co-chair is selected by majority vote of the |
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members of the Texas Senate and the Texas House of Representatives |
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who belong to the minority party. |
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(f) Except as otherwise provided by this section or Section |
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28a of this article, a simple majority vote of the commission |
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members is required for any action by the commission. |
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(g) Except as provided by Subsection (h) of this section, a |
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majority vote of the members of the commission, including at least |
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one member of the commission who belongs to the majority party and |
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at least one member of the commission who belongs to the minority |
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party, is required to: |
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(1) adopt rules of the commission; |
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(2) hire staff for the commission; or |
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(3) expend commission funds. |
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(h) If the commission is unable to agree, by the vote |
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required under Subsection (g) of this section, on the manner in |
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which commission funds should be expended, each co-chair has the |
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authority to expend one-half of the funds appropriated to the |
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commission. |
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(i) The affirmative vote of four members of the commission, |
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including at least two members of the commission who belong to the |
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majority party and two members of the commission who belong to the |
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minority party, is required to adopt any redistricting plan for the |
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Texas Senate or the Texas House of Representatives. |
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(j) For purposes of this section and Section 28a of this |
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article: |
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(1) the governor is considered to belong to the |
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governor's political party; |
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(2) the comptroller is considered to belong to the |
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comptroller's political party; |
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(3) the secretary of state is considered to belong to |
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the political party to which the governor who appointed the |
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secretary of state belongs; |
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(4) a member of the commission appointed by the |
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president of the Texas Senate or the speaker of the Texas House of |
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Representatives is considered to belong to the political party to |
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which the person making the appointment belongs; and |
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(5) a member of the commission selected by vote of a |
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political party caucus is considered to belong to that political |
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party. |
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(k) At the first meeting of the commission, which the |
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governor may convene only in a year ending in the numeral one, |
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except as otherwise provided by this section, Section 28a of this |
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article, and Section 7a, Article V, of this constitution, the |
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commission shall set a schedule for the adoption of procedural |
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rules for the operation of the commission. |
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(l) Before adopting, but after introducing, a proposed |
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redistricting plan for the Texas Senate or the Texas House of |
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Representatives, the commission shall conduct at least three public |
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hearings across the state to present the proposed plan and shall |
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seek public input regarding the proposed plan. |
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(m) All meetings of the commission are open to the public. |
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The commission shall broadcast meetings by electronic means of |
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transmission using a medium readily accessible by the general |
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public. |
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(n) The commission shall adopt final redistricting plans |
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for the Texas Senate and the Texas House of Representatives not |
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later than the first day of May of a year ending in the numeral one. |
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After the commission adopts a final plan, the commission shall |
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promptly file the plan with the secretary of state and [In the event
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the Legislature shall at any such first regular session following
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the publication of a United States decennial census, fail to make
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such apportionment, same shall be done by the Legislative
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Redistricting Board of Texas, which is hereby created, and shall be
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composed of five (5) members, as follows: The Lieutenant Governor,
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the Speaker of the House of Representatives, the Attorney General,
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the Comptroller of Public Accounts and the Commissioner of the
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General Land Office, a majority of whom shall constitute a quorum.
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Said Board shall assemble in the City of Austin within ninety (90)
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days after the final adjournment of such regular session. The Board
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shall, within sixty (60) days after assembling, apportion the state
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into senatorial and representative districts, or into senatorial or
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representative districts, as the failure of action of such
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Legislature may make necessary. Such apportionment shall be in
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writing and signed by three (3) or more of the members of the Board
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duly acknowledged as the act and deed of such Board, and,] when so |
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[executed and] filed with the secretary of state [Secretary of
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State], the plan shall have force and effect of law. The plan |
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becomes [Such apportionment shall become] effective at the next |
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succeeding statewide general election. |
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(o) If the commission does not adopt a redistricting plan |
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for the Texas House of Representatives or the Texas Senate under |
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Subsection (n) of this section on or before the last day of May of a |
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year ending in the numeral one, then the legislature shall adopt a |
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plan for either or both legislative bodies, as necessary, in the |
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form of a bill not later than the last day of June of that year. |
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(o-1) If the legislature adopts a plan under Subsection (o) |
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of this section by the affirmative vote of at least three-fifths of |
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the members of each house of the legislature, including the |
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affirmative vote of at least one-third of the members of the |
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majority party and at least one-third of the members of the minority |
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party in each house, and the plan becomes law, the plan remains |
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effective until the next year ending in the numeral one, except as |
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provided in Subsection (u) of this section. |
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(o-2) If the legislature adopts a plan under Subsection (o) |
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of this section by the affirmative vote of at least one-half of the |
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members of each house of the legislature, but not by the vote |
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required by Subsection (o-1) of this section, then the following |
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requirements apply to the plan: |
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(1) the legislature may not adopt a plan that unduly |
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favors or disfavors a political party or its incumbents; |
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(2) the legislature may not unduly split political |
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subdivisions, giving preference to keeping counties whole, then to |
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keeping municipalities whole; |
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(3) the legislature shall attempt to draw districts |
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that are compact; and |
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(4) the legislature must include in the plan an |
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explanation of the plan's compliance with Subdivisions (1), (2), |
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and (3) of this subsection. |
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(o-3) A plan adopted in the manner provided by Subsection |
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(o-2) of this section that becomes law remains effective until two |
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general elections for the legislative body to which the plan |
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applies have occurred under the plan, except as provided in |
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Subsection (u) of this section. |
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(p) Not later than the last day of May of the year after the |
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year in which a plan expires under Subsection (o-3) of this section, |
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the commission shall be reconstituted, reconvene, and adopt a plan |
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by the affirmative vote of at least four members of the commission, |
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including at least two members of the commission who belong to the |
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majority party and at least two members of the commission who belong |
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to the minority party. A plan adopted under this subsection takes |
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effect upon filing with the secretary of state and remains |
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effective until the next year ending in the numeral one, except as |
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provided in Subsection (u) of this section. A plan adopted under |
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this subsection must be drawn using the federal decennial census |
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data or other data on which the previous redistricting was based. |
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(q) If the commission is required to but does not adopt a |
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plan under Subsection (p) of this section on or before the last day |
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of May of the year after the year in which a plan expires under |
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Subsection (o-3) of this section, then the legislature shall adopt |
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a plan in the form of a bill not later than the last day of June of |
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that year. A plan adopted under this subsection must be drawn using |
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the federal decennial census data or other data on which the |
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previous redistricting was based. |
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(q-1) If the legislature adopts a plan under Subsection (q) |
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of this section by the affirmative vote of at least three-fifths of |
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the members of each house of the legislature, including the |
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affirmative vote of at least one-third of the members of the |
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majority party and at least one-third of the members of the minority |
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party in each house, and the plan becomes law, the plan remains |
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effective until the next year ending in the numeral one, except as |
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provided in Subsection (u) of this section. |
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(q-2) If the legislature adopts a plan under Subsection (q) |
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of this section by the affirmative vote of at least one-half of the |
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members of each house of the legislature, but not by the vote |
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required by Subsection (q-1) of this section, then the following |
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requirements apply to the plan: |
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(1) the legislature may not adopt a plan that unduly |
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favors or disfavors a political party or its incumbents; |
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(2) the legislature may not unduly split political |
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subdivisions, giving preference to keeping counties whole, then to |
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keeping municipalities whole; |
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(3) the legislature shall attempt to draw districts |
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that are compact; and |
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(4) the legislature must include in the plan an |
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explanation of the plan's compliance with Subdivisions (1), (2), |
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and (3) of this subsection. |
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(q-3) A plan adopted in the manner provided by Subsection |
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(q-2) of this section that becomes law remains effective until the |
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next year ending in the numeral one, except as provided in |
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Subsection (u) of this section. |
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(r) Before the legislature adopts a plan under this section, |
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a joint committee of the legislature shall hold at least two public |
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committee hearings concerning a proposed plan. The legislature and |
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the commission shall facilitate and allow for the submission of |
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proposed plans by members of the public in the manner provided by |
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general law. |
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(s) For purposes of filing a plan with the governor or the |
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secretary of state, a plan must include both a legal description of |
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the boundaries of the districts for the Texas House of |
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Representatives or the Texas Senate, as applicable, and all |
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electronic data necessary to create a district map for the purpose |
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of holding elections. |
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(t) When a plan ceases to be effective under this section, |
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the district boundaries described in the plan continue in operation |
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for the purpose of holding elections until a new plan takes effect |
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in accordance with this section. If a vacancy occurs in a district |
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that was created under the previous plan, the election to fill the |
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vacancy for the remainder of the unexpired term shall be held using |
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the previous plan. |
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(u) In the event that any subsection of this section |
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relating to a redistricting plan for the Texas House of |
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Representatives or the Texas Senate or any district or group of |
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districts is challenged and is determined to be invalid by a final |
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order of a court of competent jurisdiction not subject to appeal, |
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then notwithstanding any other provisions of this section, the |
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commission shall be reconstituted and reconvene and shall adopt a |
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plan in accordance with the valid provisions of this section, to be |
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used until the next time for redistricting under this section. |
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The commission shall adopt a plan under this subsection not |
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later than the 30th day after the last day on which an appeal of the |
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court order could have been filed or, if the order is not |
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appealable, the 30th day after the day on which the order is issued. |
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If the commission does not adopt a new plan in accordance with |
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this subsection, then not later than the 30th day after the deadline |
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for the commission to adopt the plan, the legislature shall adopt a |
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plan in accordance with the valid provisions of this section, to be |
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used until the next time for redistricting under this section. |
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A plan adopted under this subsection must remedy any legal |
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defects in the previous plan identified by the court but may not |
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include changes to the previous plan other than those made in order |
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to remedy those defects. |
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(v) Unless otherwise already convened, the legislature |
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shall convene in special session on the first Tuesday that occurs |
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during a period in which the legislature is required to adopt a plan |
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under this section. |
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(w) The Supreme Court of Texas shall have jurisdiction to |
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compel the commission [such Board] to perform its duties in |
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accordance with the provisions of this section, Section 28a of this |
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article, and Section 7a, Article V, of this constitution, by writ of |
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mandamus or other extraordinary writs conformable to the usages of |
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law. |
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(x) The legislature [Legislature] shall provide necessary |
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funds for clerical and technical aid and for other expenses |
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necessary or incidental to the work of the commission [Board, and
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the Lieutenant Governor and the Speaker of the House of
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Representatives shall be entitled to receive per diem and travel
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expense during the Board's session in the same manner and amount as
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they would receive while attending a special session of the
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Legislature]. |
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(y) Four weeks after adopting redistricting plans for the |
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legislature and, if necessary, for members of the United States |
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House of Representatives elected from this state, the commission is |
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automatically dissolved. The commission shall be reconstituted and |
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reconvene as provided by this section, Section 28a of this article, |
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and Section 7a, Article V, of this constitution. |
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SECTION 2. 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) In this section: |
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(1) "Commission" means the Texas Redistricting |
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Commission established under Section 28 of this article. |
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(2) "Majority party" means the political party with |
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the most members among the combined membership of the Texas Senate |
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and the Texas House of Representatives. |
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(3) "Minority party" means the political party with |
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the second highest number of members among the combined membership |
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of the Texas Senate and the Texas House of Representatives. |
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(4) "Plan" means a redistricting plan for the election |
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of the members of the United States House of Representatives |
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elected from this state, adopted as provided by this section. |
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(b) Except as otherwise provided in this section, the |
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legislature is responsible for the congressional redistricting of |
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this state based on the prescribed number of congressional |
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districts apportioned to the state under Section 2, Article I, |
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United States Constitution. |
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(c) Not later than the last day of May of a year ending in |
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the numeral one, the legislature shall adopt a plan in the form of a |
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bill by the affirmative vote of at least three-fifths of the members |
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of each house of the legislature, including the affirmative vote of |
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at least one-half of the members of the majority party and at least |
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one-half of the members of the minority party in each house. A plan |
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that is adopted under this subsection and becomes law remains |
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effective until the next year ending in the numeral one, except as |
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provided in Subsection (p) of this section. |
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(d) If the legislature does not adopt a plan under |
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Subsection (c) of this section on or before the last day of May of a |
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year ending in the numeral one, the commission shall adopt a plan |
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not later than the last day of June of that year by the affirmative |
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vote of at least four members of the commission, including at least |
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two members of the commission who belong to the majority party and |
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at least two members of the commission who belong to the minority |
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party. The plan takes effect upon filing with the secretary of |
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state and remains effective until the next year ending in the |
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numeral one, except as provided in Subsection (p) of this section. |
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(e) If the commission is required to but does not adopt a |
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plan under Subsection (d) of this section on or before the last day |
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of June of a year ending in the numeral one, then the legislature |
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shall adopt a plan in the form of a bill not later than the last day |
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of July of that year. |
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(e-1) If the legislature adopts a plan under Subsection (e) |
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of this section by the affirmative vote of at least three-fifths of |
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the members of each house of the legislature, including the |
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affirmative vote of at least one-third of the members of the |
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majority party and at least one-third of the members of the minority |
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party represented in that house, and the plan becomes law, the plan |
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remains effective until the next year ending in the numeral one, |
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except as provided in Subsection (p) of this section. |
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(e-2) If the legislature adopts a plan under Subsection (e) |
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of this section by the affirmative vote of at least one-half of the |
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members of each house of the legislature, but not by the vote |
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required by Subsection (e-1) of this section, then the following |
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requirements apply to the plan: |
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(1) the legislature may not adopt a plan that unduly |
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favors or disfavors a political party or its incumbents; |
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(2) the legislature may not unduly split political |
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subdivisions, giving preference to keeping counties whole, then to |
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keeping municipalities whole; |
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(3) the legislature shall attempt to draw districts |
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that are compact, but Subsection (m)(2) of this section does not |
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apply; and |
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(4) the legislature must include in the plan an |
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explanation of the plan's compliance with Subdivisions (1), (2), |
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and (3) of this subsection. |
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(e-3) A plan adopted in the manner provided by Subsection |
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(e-2) of this section that becomes law remains effective until two |
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general elections for the United States House of Representatives |
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have occurred under the plan, except as provided in Subsection (p) |
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of this section. |
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(f) Not later than the last day of May of the year after the |
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year in which a plan expires under Subsection (e-3) of this section, |
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the legislature shall adopt a plan in the form of a bill by the |
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affirmative vote of at least three-fifths of the members of each |
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house of the legislature, including the affirmative vote of at |
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least one-half of the members of the majority party and at least |
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one-half of the members of the minority party in each house. A plan |
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adopted under this subsection that becomes law remains effective |
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until the next year ending in the numeral one, except as provided in |
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Subsection (p) of this section. A plan adopted under this |
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subsection must be drawn using the federal decennial census data or |
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other data on which the previous redistricting was based. |
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(g) If the legislature is required to but does not adopt a |
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plan under Subsection (f) of this section on or before the last day |
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of May of the year after the year in which a plan expires under |
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Subsection (e-3) of this section, then the commission shall be |
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reconstituted, reconvene, and adopt a plan not later than the last |
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day of June of that year by the affirmative vote of at least four |
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members of the commission, including at least two members of the |
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commission who belong to the majority party and at least two members |
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of the commission who belong to the minority party. A plan adopted |
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under this subsection takes effect upon filing with the secretary |
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of state and remains effective until the next year ending in the |
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numeral one, except as provided in Subsection (p) of this section. |
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A plan adopted under this subsection must be drawn using the federal |
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decennial census data or other data on which the previous |
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redistricting was based. |
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(h) If the commission is required to but does not adopt a |
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plan under Subsection (g) of this section on or before the last day |
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of June of the year after the year in which a plan expires under |
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Subsection (e-3) of this section, then the legislature shall adopt |
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a plan in the form of a bill not later than the last day of July of |
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that year. A plan adopted under this subsection must be drawn using |
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the federal decennial census data or other data on which the |
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previous redistricting was based. |
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(h-1) If the legislature adopts a plan under Subsection (h) |
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of this section by the affirmative vote of at least three-fifths of |
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the members of each house of the legislature, including the |
|
|
affirmative vote of at least one-third of the members of the |
|
|
majority party and at least one-third of the members of the minority |
|
|
party in each house, and the plan becomes law, the plan remains |
|
|
effective until the next year ending in the numeral one, except as |
|
|
provided in Subsection (p) of this section. |
|
|
(h-2) If the legislature adopts a plan under Subsection (h) |
|
|
of this section by the affirmative vote of at least one-half of the |
|
|
members of each house of the legislature, but not by the vote |
|
|
required by Subsection (h-1) of this section, then the following |
|
|
requirements apply to the plan: |
|
|
(1) the legislature may not adopt a plan that unduly |
|
|
favors or disfavors a political party or its incumbents; |
|
|
(2) the legislature may not unduly split political |
|
|
subdivisions, giving preference to keeping counties whole, then to |
|
|
keeping municipalities whole; |
|
|
(3) the legislature shall attempt to draw districts |
|
|
that are compact, but Subsection (m)(2) of this section does not |
|
|
apply; and |
|
|
(4) the legislature must include in the plan an |
|
|
explanation of the plan's compliance with Subdivisions (1), (2), |
|
|
and (3) of this subsection. |
|
|
(h-3) A plan adopted in the manner provided by Subsection |
|
|
(h-2) of this section that becomes law remains effective until the |
|
|
next year ending in the numeral one, except as provided in |
|
|
Subsection (p) of this section. |
|
|
(i) Before the legislature adopts a plan under this section, |
|
|
a joint committee of the legislature shall hold at least two public |
|
|
committee hearings concerning a proposed plan. Before the |
|
|
commission adopts a plan under this section, the commission shall |
|
|
hold at least two public hearings concerning a proposed plan. The |
|
|
legislature and the commission shall facilitate and allow for the |
|
|
submission of proposed plans by members of the public in the manner |
|
|
provided by general law. |
|
|
(j) For purposes of filing a plan with the governor or the |
|
|
secretary of state, a plan must include both a legal description of |
|
|
the boundaries of the congressional districts and all electronic |
|
|
data necessary to create a congressional district map for the |
|
|
purpose of holding congressional elections. |
|
|
(k) When a plan ceases to be effective under this section, |
|
|
the district boundaries described in the plan continue in operation |
|
|
for the purpose of holding elections until a new plan takes effect |
|
|
in accordance with this section. If a vacancy occurs in a district |
|
|
that was created under the previous plan, the election to fill the |
|
|
vacancy for the remainder of the unexpired term shall be held using |
|
|
the previous plan. |
|
|
(l) Each congressional district is entitled to a single |
|
|
representative in the United States House of Representatives in |
|
|
each Congress. The total population of the state, as determined by |
|
|
the federal decennial census or, if the federal decennial census is |
|
|
unavailable, another basis as directed by the legislature, shall be |
|
|
divided by the number of congressional districts apportioned to the |
|
|
state under Section 2, Article I, United States Constitution, and |
|
|
the quotient shall be the congressional ratio of representation for |
|
|
the next 10 years. Notwithstanding the fact that boundaries of |
|
|
counties or municipalities within a district may be changed, |
|
|
district boundaries shall be created by using the data from the most |
|
|
recent federal decennial census or from the basis directed by the |
|
|
legislature, as applicable. |
|
|
(m) A plan must comply with all of the following |
|
|
requirements: |
|
|
(1) the plan must comply with all applicable |
|
|
provisions of the constitutions of this state and the United States |
|
|
and of federal law, including federal laws protecting racial |
|
|
minority voting rights; |
|
|
(2) each congressional district must be compact; |
|
|
(3) each congressional district must be composed of |
|
|
contiguous territory, and the boundary of each district must be a |
|
|
single nonintersecting continuous line; |
|
|
(4) except as otherwise required by federal law, in a |
|
|
county that contains a population that exceeds the congressional |
|
|
ratio of representation, the authority drawing the districts shall |
|
|
take the first of the following actions that applies to that county: |
|
|
(A) if a municipality located in the county |
|
|
contains a population that exceeds the congressional ratio of |
|
|
representation, the authority shall attempt to include a |
|
|
significant portion of that municipality in a single district and |
|
|
may include in that district other municipalities that are located |
|
|
in that county and whose residents have similar interests as the |
|
|
residents of the municipality that contains a population that |
|
|
exceeds the congressional ratio of representation; |
|
|
(B) if one municipality in that county contains a |
|
|
population of not less than 100,000 and not more than the |
|
|
congressional ratio of representation, that municipality may not be |
|
|
split; or |
|
|
(C) if that county contains two or more |
|
|
municipalities described by Paragraph (B) of this subdivision, only |
|
|
the most populous of those municipalities may not be split; |
|
|
(5) if a congressional district includes only part of |
|
|
the territory of a particular county, the part of that |
|
|
congressional district that lies in that particular county must be |
|
|
contiguous within the boundaries of the county; |
|
|
(6) no two congressional districts may share portions |
|
|
of the territory of more than one county, except for a county whose |
|
|
population exceeds the congressional ratio of representation or as |
|
|
necessary to comply with federal law; and |
|
|
(7) the authority drawing the districts must attempt |
|
|
to include at least one whole county in each congressional |
|
|
district, but this subdivision does not apply to a congressional |
|
|
district that is contained entirely within one county or that |
|
|
cannot be drawn in that manner while complying with federal law. |
|
|
(n) In determining whether the population of a municipality |
|
|
exceeds the congressional ratio of representation for the purpose |
|
|
of Subsection (m)(4)(A) of this section, if the territory of that |
|
|
municipality completely surrounds the territory of another |
|
|
municipality, the territory of the surrounded municipality is |
|
|
considered part of the territory of the surrounding municipality. |
|
|
(o) For purposes of this section, a county or municipality |
|
|
is considered to be split if, based on the census data used for the |
|
|
purpose of redistricting, any contiguous portion of its territory |
|
|
is not contained entirely within one district except that if a |
|
|
municipality has territory in more than one county, the contiguous |
|
|
portion of that municipality that lies in each county shall be |
|
|
considered to be a separate municipality for purposes of this |
|
|
section. |
|
|
(p) In the event that any subsection of this section |
|
|
relating to congressional redistricting, any plan, or any |
|
|
congressional district or group of congressional districts is |
|
|
challenged and is determined to be invalid by a final order of a |
|
|
court of competent jurisdiction not subject to appeal, then |
|
|
notwithstanding any other provisions of this section, the |
|
|
legislature shall adopt a plan in accordance with the valid |
|
|
provisions of this section, to be used until the next time for |
|
|
redistricting under this section. |
|
|
The legislature shall adopt a plan under this subsection not |
|
|
later than the 30th day after the last day on which an appeal of the |
|
|
court order could have been filed or, if the order is not |
|
|
appealable, the 30th day after the day on which the order is issued. |
|
|
If the legislature does not adopt a new plan in accordance |
|
|
with this subsection, then not later than the 30th day after the |
|
|
deadline for the legislature to adopt the plan, the commission |
|
|
shall be reconstituted and reconvene and shall adopt a plan in |
|
|
accordance with the valid provisions of this section, to be used |
|
|
until the next time for redistricting under this section. |
|
|
A plan adopted under this subsection must remedy any legal |
|
|
defects in the previous plan identified by the court but may not |
|
|
include changes to the previous plan other than those made in order |
|
|
to remedy those defects. |
|
|
(q) Unless otherwise already convened, the legislature |
|
|
shall convene in special session on the first Tuesday that occurs |
|
|
during a period in which the legislature is required to adopt a plan |
|
|
under this section. |
|
|
SECTION 3. Section 7a, Article V, Texas Constitution, is |
|
|
amended by amending Subsections (e) and (i) and adding Subsection |
|
|
(j) to read as follows: |
|
|
(e) Unless the legislature enacts a statewide |
|
|
reapportionment of the judicial districts following each federal |
|
|
decennial census, the board shall convene not later than the first |
|
|
Monday of June of the third year following the year in which the |
|
|
federal decennial census is taken to make a statewide |
|
|
reapportionment of the districts. The board shall complete its |
|
|
work on the reapportionment and file its order with the secretary of |
|
|
state not later than August 31 of the same year. If the Judicial |
|
|
Districts Board fails to make a statewide apportionment by that |
|
|
date, the Texas [Legislative] Redistricting Commission [Board] |
|
|
established by Article III, Section 28, of this constitution shall |
|
|
convene on September 1 of the same year to make a statewide |
|
|
reapportionment of the judicial districts not later than the 90th |
|
|
[150th] day after the final day for the Judicial Districts Board to |
|
|
make the reapportionment. |
|
|
(i) The legislature, the Judicial Districts Board, or the |
|
|
Texas [Legislative] Redistricting Commission [Board] may not |
|
|
redistrict the judicial districts to provide for any judicial |
|
|
district smaller in size than an entire county except as provided by |
|
|
this section. Judicial districts smaller in size than the entire |
|
|
county may be created subsequent to a general election where a |
|
|
majority of the persons voting on the proposition adopt the |
|
|
proposition "to allow the division of ____________ County into |
|
|
judicial districts composed of parts of ____________ County." No |
|
|
redistricting plan may be proposed or adopted by the legislature, |
|
|
the Judicial Districts Board, or the Texas [Legislative] |
|
|
Redistricting Commission [Board] in anticipation of a future action |
|
|
by the voters of any county. |
|
|
(j) Until January 1, 2021, a reference in this section to |
|
|
the Texas Redistricting Commission means the Legislative |
|
|
Redistricting Board established under Section 28, Article III, of |
|
|
this constitution. This subsection expires January 1, 2021. |
|
|
SECTION 4. This proposed constitutional amendment shall be |
|
|
submitted to the voters at an election to be held November 5, 2019. |
|
|
The ballot shall be printed to permit voting for or against the |
|
|
following proposition: "The constitutional amendment establishing |
|
|
the Texas Redistricting Commission and providing redistricting |
|
|
procedures for state legislative, state judicial, and |
|
|
congressional districts." |