88R1327 BEF-D
 
  By: Talarico H.B. No. 2294
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to procedures for public involvement in redistricting of
  judicial districts, state legislative districts, State Board of
  Education districts, and congressional districts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 3, Government Code, is amended by adding
  Subtitle D to read as follows:
  SUBTITLE D. REDISTRICTING
  CHAPTER 331. PUBLIC INVOLVEMENT
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 331.001.  DEFINITIONS. In this chapter:
               (1)  "Council" means the Texas Legislative Council.
               (2)  "Redistricting plan" means a bill that establishes
  or modifies the boundaries of districts for the election of judges,
  members of the Texas Senate, members of the Texas House of
  Representatives, members of the State Board of Education, or
  members of the United States House of Representatives who are
  elected from this state. The term includes a substitute for or
  other amendment to a bill.
               (3)  "Website" means the Internet website established
  under Subchapter B.
  SUBCHAPTER B. REDISTRICTING WEBSITE
         Sec. 331.051.  ESTABLISHMENT OF WEBSITE. (a) As soon as
  practicable after a federal decennial census is taken but not later
  than February 1 of the year following the year in which that census
  is taken, the council shall establish an Internet website that
  provides the public with information about the legislature's
  redistricting activities based on that census.
         (b)  The website must be limited to the subject of
  redistricting.
         Sec. 331.052.  CONTENT OF WEBSITE. (a)  The council shall:
               (1)  continuously update the website to provide advance
  notice of public hearings, committee meetings, and legislative
  debates on redistricting plans;
               (2)  provide on the website the most recent available
  information regarding voting age population, voter registration,
  and election returns for election precincts and census tracts in
  this state, including detailed maps depicting that information;
               (3)  allow individuals to submit through the website
  comments on any redistricting plan being considered by the
  legislature and questions, comments, and other information
  regarding the legislature's redistricting activities; and
               (4)  include on the website any other information
  required under this chapter.
         (b)  Except as provided by Subsection (c), the council shall
  ensure that any comment submitted to the website by a member of the
  public regarding a redistricting plan or otherwise related to
  redistricting is publicly available on the website not later than
  72 hours after submission.
         (c)  The council may exclude from the website obscene,
  threatening, harassing, or similarly offensive comments and
  comments unrelated to redistricting. The council shall provide
  copies of those comments to adult members of the public on request.
         Sec. 331.053.  DURATION OF WEBSITE.  The council shall
  ensure that the information required to be included on the website
  relating to the legislature's redistricting activities based on a
  federal decennial census remains accessible to the public on that
  website until the website relating to the legislature's
  redistricting activities based on the next federal decennial census
  is established.
  SUBCHAPTER C.  REQUIREMENTS FOR LEGISLATIVE COMMITTEES
  CONSIDERING REDISTRICTING LEGISLATION
         Sec. 331.101.  REDISTRICTING CRITERIA AND PROCEDURES.  
  Before considering any redistricting plan, the standing committees
  of the senate and the house of representatives with primary
  jurisdiction over redistricting shall solicit input from members of
  the public regarding the legislature's criteria and procedures for
  considering redistricting plans by:
               (1)  holding the public hearings required by Section
  331.102; and
               (2)  posting those criteria and procedures on the
  website.
         Sec. 331.102.  COMMITTEE HEARINGS ON REDISTRICTING CRITERIA
  AND PROCEDURES. (a)  Before considering a redistricting plan, the
  standing committees of the senate and the house of representatives
  with primary jurisdiction over redistricting shall each hold at
  least 10 public hearings to consider redistricting criteria and
  procedures during the year before the final data from a federal
  decennial census is published and at least 5 public hearings to
  consider those criteria and procedures after that data is
  published. The committees may hold the hearings jointly or
  separately.
         (b)  The committees shall hold each hearing in a different
  congressional district in this state, including one hearing in the
  congressional district with the greatest change in population since
  the previous congressional apportionment. The committees shall
  consider holding other hearings in congressional districts that
  have experienced large changes in population.
         (c)  The committees shall provide public notice at least
  seven days before each hearing. The notice must include the time
  and location of the hearing and notice that members of the public
  may provide comments on the criteria and procedures the committees
  will use to consider redistricting plans and on other issues
  related to redistricting.
         (d)  The committees shall allow individuals at remote
  locations throughout the state to view and provide public testimony
  at the hearings by videoconference.
         (e)  A committee shall post on the website a transcript of or
  link to a video recording of each hearing not later than the seventh
  day after conclusion of the hearing.
         Sec. 331.103.  REDISTRICTING PLAN PROPOSED BY COMMITTEE.  
  (a) A committee of the senate shall post the information required
  by this section at least five days before reporting from the
  committee a redistricting plan originating in the senate. A
  committee of the house of representatives shall post the
  information required by this section at least five days before
  reporting from the committee a redistricting plan originating in
  the house.
         (b)  A committee shall post on the website:
               (1)  a map showing each district in the redistricting
  plan reported from the committee;
               (2)  the total population and voting age population of
  each district in the redistricting plan reported from the
  committee, including a breakdown of those populations by race and
  by membership in language minority groups;
               (3)  all data and other factual information, in written
  or electronic form, in the possession of a member, delegation, or
  caucus of the legislature that is:
                     (A)  relevant to the redistricting plan reported
  from the committee or another version of that plan; and
                     (B)  in any way descriptive of a population
  residing in a geographic area included in the plan;
               (4)  all factual information relevant to the
  redistricting plan reported from the committee or another version
  of that plan that is known by or obtained from a consulting expert,
  attorney, or representative of an attorney, including any facts
  determined through an analysis or test performed by a consulting
  expert or attorney, but not including information that is
  exclusively the mental impression, opinion, conclusion, or legal
  theory of a consulting expert or attorney;
               (5)  all opinions, mental impressions, and conclusions
  of an attorney or consulting expert retained by a member,
  delegation, or caucus of the legislature that:
                     (A)  are relevant to the redistricting plan
  reported from the committee or another version of that plan; and
                     (B)  have been disclosed to:
                           (i)  an employee of the legislature, other
  than an employee of a person who retained the attorney or consulting
  expert; or
                           (ii)  a member of the legislature who did not
  retain the attorney or consulting expert or who is not a member of
  the delegation or caucus that retained the attorney or consulting
  expert;
               (6)  a statement explaining the committee's reasons for
  proposing adoption of the redistricting plan reported from the
  committee and reasons why the proposed adoption will best serve the
  public interest;
               (7)  any dissenting statement provided by a member of
  the committee who does not approve the redistricting plan reported
  from the committee; and
               (8)  notice that members of the public may submit
  comments regarding the redistricting plan reported from the
  committee through the website, at a public hearing, or by any other
  available means.
         (c)  A committee shall post on the website a machine-readable
  file containing the information described by Subsections (b)(1) and
  (2).
         (d)  Any information required to be posted under Subsection
  (b) that originates in an electronic form, including a shapefile or
  equivalency file, must be posted in:
               (1)  the original electronic form; and
               (2)  a form that is reasonably usable by and accessible
  to the general public.
         (e)  A new or amended version of a redistricting plan adopted
  by a committee is subject to the requirements of Subsection (a),
  regardless of whether the committee complied with those
  requirements with respect to an earlier version of the plan, unless
  the committee determines that compliance with those requirements is
  likely to prevent adoption of the plan before the end of the
  legislative session.
         Sec. 331.104.  HEARINGS ON PLANS PROPOSED BY COMMITTEE. (a)
  A committee of the senate shall hold at least two public hearings on
  a redistricting plan after an affirmative vote to report the
  redistricting plan from the committee and before the redistricting
  plan is considered by the full senate.
         (b)  A committee of the house of representatives shall hold
  at least two public hearings on a redistricting plan after an
  affirmative vote to report the redistricting plan from the
  committee and before the redistricting plan is considered by the
  full house.
         (c)  Except as otherwise provided by this subsection, a
  committee shall hold each hearing in a different congressional
  district in this state, including one hearing in the congressional
  district with the greatest change in population since the previous
  decennial congressional apportionment. If the committee is unable
  to hold hearings throughout the state, the committee shall allow
  public participation in the hearings from various congressional
  districts throughout this state by videoconference.
         (d)  A committee shall provide public notice at least five
  days before each hearing. The notice must include the time and
  location of the hearing, notice that members of the public may
  attend the hearing and provide comments on the redistricting plan,
  and notice that members of the committee will be available at the
  hearing to explain the reasons why adoption of the plan will best
  serve the public interest.
         (e)  A committee shall allow individuals at remote locations
  throughout the state to view and provide public testimony at the
  hearings by videoconference.
         (f)  A committee shall post on the website a transcript of or
  link to a video recording of each hearing not later than 48 hours
  after conclusion of the hearing.
  SUBCHAPTER D.  REDISTRICTING PLAN ENACTED BY LEGISLATURE
         Sec. 331.151.  INFORMATION REGARDING ENACTED REDISTRICTING
  PLAN.  Not later than the seventh day after the date the legislature
  passes a bill enacting a redistricting plan, the council shall post
  on the website and, if practicable, publish in newspapers of
  general circulation throughout the state:
               (1)  a map showing each district in the plan;
               (2)  for each district in the plan:
                     (A)  the total population and voting age
  population of the district, including a breakdown of those
  populations by race and by membership in language minority groups;
  and
                     (B)  the number of registered voters in the
  district including, to the extent available, a breakdown of that
  number by political party affiliation, race, and membership in
  language minority groups;
               (3)  statements by the president of the senate and the
  speaker of the house of representatives explaining the
  legislature's reasons for adopting the plan and reasons why
  adoption of the plan will best serve the public interest; and
               (4)  any dissenting statement provided by a member of
  the legislature who did not approve the plan.
         SECTION 2.  (a)  Except as provided by Subsection (b) of this
  section, Chapter 331, Government Code, as added by this Act,
  applies only to a regular or special session of the legislature that
  begins on or after the effective date of this Act.
         (b)  The provision of Section 331.102(a), Government Code,
  as added by this Act, that requires the standing committees of the
  senate and the house of representatives with primary jurisdiction
  over redistricting to each hold at least 10 public hearings to
  consider redistricting criteria and procedures during the year
  before the final data from a federal decennial census is published
  applies beginning January 1, 2030.
         SECTION 3.  This Act takes effect September 1, 2023.