By: Bucy H.B. No. 5258

A BILL TO BE ENTITLED

AN ACT

relating to racial discrimination in voting.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 16, Election Code, is amended by adding Chapter 280 to read as follows:

CHAPTER 280. BARBARA JORDAN TEXAS VOTING RIGHTS ACT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 280.001. DEFINITIONS. In this chapter:

(1) "Method of election" means the method by which candidates are elected to a governmental body of a local government, and includes any at-large, district-based, share-based, or other method of election, as well as any districting or redistricting plan used to elect candidates to the governmental body.

(a) "At-large method of election" means a method of election in which candidates are voted on by all voters in the local government, voters are allowed or required to cast as many votes as there are seats to fill, and voters cannot cast more than one vote for a given candidate.

(b) "District-based method of election" means a method of election in which the local government is divided into districts, each district is represented by a single representative, and candidates are voted on by only voters residing in the district.

(c) "Share-based method of election" means a method of election in which more than one candidate is to be elected and different groups of voters may each elect their preferred candidates to the seats to fill based on their relative share of the votes cast. Share-based methods of election include, but are not limited to, the single transferable vote, cumulative voting, limited voting, and party-list or slate-list systems.

(3) "Protected Class" means a class of citizens who are members of a race, color or language minority group, consistent with Sec. 42.0051(d)(1) and includes individuals who are members of a minimum reporting category that has ever been officially recognized by the United States Census Bureau.

(4) "Local government" means municipalities, counties, and special districts.

SUBCHAPTER B. CANON OF DEMOCRACY

Sec. 280.051. CONSTRUCTION OF ELECTION CODE. Any provision of state law, regulation, charter, home rule ordinance, or other enactment of the state or any local government relating to the right to vote must be construed liberally in favor of the factors listed below. To the extent courts are afforded discretion on any issue, including but not limited to with respect to questions of discovery, procedure, admissibility of evidence, or remedies, it is the policy of the state that courts should exercise that discretion, and weigh other equitable discretion, in favor of the factors listed below:

(1) protecting the right to cast a ballot and make the ballot valid;

(2) ensuring eligible individuals seeking voter registration are not impaired in being registered;

(3) ensuring voters are not impaired in voting, including, but not limited to having their votes counted;

(4) making the fundamental right to vote more accessible to eligible voters; and

(5) ensuring equitable access for protected class members to opportunities to be registered to vote and to vote.

Sec. 280.052. LIMITATION ON IMMUNITY OR PRIVILEGE. (a) It is the policy of the state to promote the free flow of documents and information concerning the intent of public officials in actions concerning the right to vote. Accordingly, in any action under this act, the federal Voting Rights Act, or a voting-related claim under the Texas Constitution or United States Constitution, no sovereign, governmental, executive, legislative, or deliberative immunities and privileges, including any evidentiary privileges, may be asserted. However, this section shall have no effect on any attorney-client or attorney work-product privileges.

SUBCHAPTER C. TEXAS VOTING RIGHTS COMMISSION

Sec. 280.101. CREATION OF COMMISSION. (a) The Texas Voting Rights Act Commission is created to administer the provisions of this chapter.

(b) There is hereby established an independent and nonpartisan state agency to be referred to as the Texas Voting Rights Act Commission ("TXVRA Commission"). The TXVRA Commission shall be responsible for administering the provisions of this act. The TXVRA Commission shall not be a unit of any other state agency and shall have its own staff, which includes management, research, and enforcement.

(c) The TXVRA Commission shall consist of five Commissioners, each of whom shall serve staggered five-year terms, to be selected as set forth in this section. Commissioners shall be compensated for their actual time spent on TXVRA Commission business at an hourly rate based on the rate equivalent to an assistant attorney general.

Sec. 280.103. QUALIFICATIONS OF COMMISSIONERS. In order to serve as a commissioner, a person must:

(1) reside in this state;

(2) be a member of the State Bar of Texas with not less than five years of legal experience;

(3) have experience representing or advocating on behalf of members of a protected class;

(4) not have served in an elected office in the preceding five years; and

(5) not be currently serving in a government or political party office.

Sec. 280.104. NOMINATING COMMITTEE. (a) A Nominating Committee shall be formed to identify qualified candidates to serve as members of the TXVRA Commission. The Nominating Committee will be comprised of Nominating Organizations, to be selected as follows:

(b) In order to serve as a nominating organization, an organization must:

(1) have demonstrated commitment to:

(A) the purposes of this chapter; and

(B) the voting rights of members of a protected class;

(2) have not less than 20 years of continuous operation as:

(A) an organization that qualifies for an exemption from federal income taxation under Section 501(c)(3), Internal Revenue Code of 1986; or

(B) a nonprofit corporation registered with the secretary of state; and

(3) be presently registered as a nonprofit corporation with the secretary of state.

(c) An organization may demonstrate a commitment under Subsection (b)(1) by:

(1) referencing members of a protected class in the organization's mission statement;

(2) demonstrating involvement in multiple voting rights cases in this state advocating on behalf of members of a protected class;

(3) demonstrating involvement in advocacy in support of the purposes of this chapter; or

(4) any other method acceptable to the secretary of state.

(d) The secretary of state shall certify any applicant for the nominating committee that meets the qualifications of Subsection (b).

(e) If the secretary of state does not timely certify a qualified applicant under this section, the applicant may file an action for a writ of mandamus to compel the secretary of state to certify the applicant as a nominating organization.

(f) A nominating organization serves on the nominating committee for a term of five years, after which the nominating organization may seek recertification by the secretary of state.

(g) If there are not more than 15 nominating organizations on the nominating committee, the business of the committee is conducted by all nominating organizations. If there are 16 or more nominating organizations on the nominating committee, the business of the committee is conducted by 15 nominating organizations chosen randomly each year.

(h) The nominating committee shall select a chair to preside over meetings and votes.

(i) The nominating committee may by majority vote of all nominating organizations remove a nominating organization from the committee.

Sec. 280.105. SELECTION OF COMMISSIONERS. (a) The nominating committee shall continually solicit applications to serve on the commission unless the list under Subsection (b) is full.

(b) The nominating committee shall create and maintain a "qualified candidate pool" of not more than 30 qualified applicants. The nominating committee may increase or decrease the size of the list by a three-fifths vote of the nominating organizations.

(c) The nominating committee may add an applicant to the list of qualified applicants under Subsection (b) by a three-fifths vote of the nominating organizations.

(d) The nominating committee may not add an applicant to the list if the applicant is not qualified under Section 280.103.

(e) The secretary of state shall randomly select members of the commission from the list of qualified applicants under Subsection (b).

(f) The secretary of state shall randomly select a commissioner as provided by Subsection (e) not later than the 60th day before the end of the term of a commissioner currently serving on the commission.

(g) If a vacancy occurs on the commission, the secretary of state shall randomly select a commissioner as provided by Subsection (e) not later than the 30th day after the creation of the vacancy to serve the remainder of the vacant commissioner's term.

(h) Not later than the 60th day before the formation of the commission, the secretary of state shall randomly select five commissioners as provided by Subsection (e) and shall assign by lot terms of one, two, three, four, and five years to the newly selected commissioners.

Sec. 280.106. POWERS OF COMMISSION. (a) The commission may conduct investigations and bring legal actions to enforce the provisions of this chapter.

(b) In conducting an investigation or bringing an action under Subsection (a), the commission may, according to the Texas Rules of Civil Procedure:

(1) subpoena witnesses;

(2) administer oaths;

(3) examine individuals under oath;

(4) determine material facts; and

(5) compel the production of records, books, papers, contracts, and other documents.

(c) The commission may hire any staff necessary to carry out its duties under this chapter.

(d) The commission may make any expenditure necessary to carry out its duties under this chapter, subject to appropriations made by the legislature.

(e) The commission may adopt rules to carry out its duties under this chapter.

SUBCHAPTER D. PROHIBITION ON VOTER SUPPRESSION AND VOTE DILUTION

Sec. 280.151. PROHIBITING VOTER SUPPRESSION.

(a) No local government may implement, impose, or enforce any election policy or practice that results in, is likely to result in, or is intended to result in, either:

(1) A material disparity in voter participation, access to voting opportunities, or the opportunity or ability to participate in any stage of the political process between protected class members and other members of the electorate; or

(2) Based on the totality of the circumstances, an impairment of the equal opportunity or ability of protected class members to participate in any stage of the political process.

(b) There shall be no violation under subsection (a)(1) of this section if the local government or state agency demonstrates by clear and convincing evidence that (i) the election policy or practice is necessary to significantly further an important and particularized governmental interest and (ii) there is no alternative election policy or practice that results in a smaller disparity between protected class members and other members of the electorate.

(c) Subsection (b) of this section does not apply if:

(1) a local government or state agency takes action intended to result in a material disparity; or

(2) the material disparity results from:

(A) the closure, relocation, or consolidation of one or more precincts, polling places, or county-wide mail drop boxes;

(B) the local government's change to the time or date of an election;

(C) the local government conducting elections on dates that do not align with federal or state elections; or

(D) the date the local government selects for a special election, and there exists an alternate date in a reasonable timeframe in which the disparity would be materially less significant; or the failure to schedule a special election in a reasonable timeframe following a vacancy in an office where protected class members are generally able to elect candidates of their choice.

Sec. 280.152. PROHIBITING VOTE DILUTION

(a) No local government shall employ (i) an at-large method of election, (ii) a district-based method of election, (iii) a share-based method of election, or (iv) other method of election for any office that has the effect, will likely have the effect, or is motivated in part by the intent, of diluting the vote of protected class members.

(b) A violation of Sec. 280.152 is established if:

(1) Either:

(A) Elections in the local government exhibit racially polarized voting resulting in an impairment of the equal opportunity or ability of protected class members to nominate or elect candidates of their choice; or

(B) Based on the totality of the circumstances, the equal opportunity or ability of protected class members to nominate or elect candidates of their choice is impaired; and

(2) Another method of election or changes to the existing method of election that could be constitutionally adopted or ordered under Subchapter L would likely mitigate the impairment.

Sec. 280.153. GUIDELINES AND RELEVANT CIRCUMSTANCES FOR EVALUATING VOTER SUPPRESSION AND VOTE DILUTION

(a) To evaluate the totality of circumstances under Sect. 280.151(a)(2) or Sect. 280.152(b)(1)(B):

(1) The following factors may be relevant:

(A) The history of discrimination;

(B) The extent to which the protected class members have been elected to office;

(C) The use of any election policy or practice that may enhance the dilutive effects of a method of election in the local government;

(D) The extent to which protected class members or candidates experienced any history of unequal access to election-administration or campaign-finance processes that determine which candidates will receive access to the ballot or financial or other support in elections for an office of the local government;

(E) The extent to which protected class members have historically made expenditures;

(F) The extent to which protected class members vote at lower rates than other voters;

(G) The extent to which protected class members are disadvantaged or otherwise bear the effects of public or private discrimination in areas that may hinder their ability to participate effectively in any stage of the political process, such as education, employment, health, criminal justice, housing, transportation, land use, or environmental protection;

(H) The use of overt or subtle racial appeals in political campaigns, by government officials, or in connection with the adoption or maintenance of the election policy or practice;

(I) The extent to which candidates face hostility or barriers while campaigning due to their membership in a protected class;

(J) The lack of responsiveness by elected officials to the particular needs of protected class members or a community of protected class members;

(K) Whether the election policy or practice was designed to advance and does materially advance, a valid and substantial state interest; and

(L) Other factors deemed relevant.

(2) No set number or combination of these factors shall be required to determine that a violation occurred.

(3) For alleged violations pertaining to a particular local government, evidence of these factors is most probative if it relates to the local government in which the alleged violation occurred, but is still probative if it relates to the state or to the geographic region in which that local government is located.

(b) To determine whether elections in the local government exhibit racially polarized voting under Sect. 280.152(b)(1)(A):

(1) Racially polarized voting shall be assessed based on relevant election results, which may include but are not limited to elections for offices of the local government; elections held in the local government for other offices, such as state or federal offices; ballot measures; and other electoral choices that bear on the rights and privileges of the protected class.

(A) No set number or combination of elections shall be required to establish the existence of racially polarized voting.

(B) Evidence of non-polarized voting in elections for offices outside the local government shall not preclude a finding of racially polarized voting based on elections for offices of the local government.

(C) Non-statistical or non-quantitative evidence shall not preclude a finding of racially polarized voting based on statistical or quantitative evidence.

(D) Low turnout or registration rates among protected class members shall not preclude a finding of racially polarized voting.

(2) Racially polarized voting shall be assessed based only on the combined electoral preferences of members of a protected class or classes. There is no requirement that the electoral preferences of each protected class or any subgroup within a protected class be separately polarized from those of other voters.

(3) The causes of or reasons for racially polarized voting, including partisan explanations or discriminatory intent, are not relevant.

(c) When evaluating whether a violation is present:

(1) The following circumstances are never relevant under Sect. 280.151 or Sect. 280.152:

(A) The total number or share of protected class members on whom the election policy or practice does not impose a material burden;

(B) The degree to which the election policy or practice has a long pedigree or was in widespread use at some earlier date;

(C) The use of an identical or similar election policy or practice in other jurisdictions;

(D) The availability of forms of voting unimpacted by the election policy or practice.

(2) A state interest in preventing voter fraud or bolstering voter confidence in the integrity of elections is not relevant under Sect. 280.151 or Sect. 280.152 unless there is substantial evidence that criminal activity by individual electors has occurred in the local government in substantial numbers and the connection between the election policy or practice and a state interest in preventing voter fraud or bolstering voter confidence in the integrity of elections is supported by substantial evidence.

(3) Evidence concerning the intent of electors, elected officials, or public officials to discriminate against protected class members is never required under Sect. 280.151 or Sect. 280.152.

(4) Whether protected class members typically elect candidates of their choice to the governing body in approximate proportion to their total number or share of the population may be relevant under Sect. 280.152.

(5) For the purpose of satisfying Sect. 280.151 or Sect. 280.152, it is not necessary for the total number or share of protected class members to exceed any numerical threshold in any district or in the local government as a whole.

Sec. 280.154. NOTICE AND SAFE HARBOR

(a) Prior to filing an action against a local government pursuant to this section, a prospective plaintiff must send a written notification letter to the local government asserting that the local government may be in violation of the provisions of this act. Such letter shall be referred to as a "TXVRA Notification Letter."

(b) Except as noted in Sect. 280.154(f), no party may file an action against a local government pursuant to this section earlier than 50 days after sending a TXVRA Notification Letter to the local government.

(c) Prior to receiving a notification letter, or not later than fifty days after any notification letter is sent to a local government, a local government may adopt a resolution, which shall be referred to as a "TXVRA Resolution," that does all of the following:

(1) Identifies a potential violation of this section by the local government;

(2) Identifies a specific remedy to the potential violation;

(3) Affirms the local government's intention to enact and implement a remedy for a potential violation;

(4) Sets forth specific measures the local government will take to facilitate enactment and implementation of the remedy; and

(5) Provides a schedule for the enactment and implementation of the remedy.

(d) Except as noted in Sect. 280.154(f), if a local government adopts a TXVRA Resolution consistent with Sect. 280.154(c) following receipt of a TXVRA Notification Letter, the party that sent the TXVRA Notification Letter may not file action earlier than 140 days after sending the TXVRA Notification Letter.

(e) If the local government lacks authority to enact and implement a remedy identified in a TXVRA Resolution, it may nonetheless do so with approval of a court of appropriate jurisdiction. The approval of a remedy by the TXVRA Commission does not bar an action to challenge the remedy.

(f) Notwithstanding the provisions of Sect. 280.154, a party may bring a cause of action for a violation of this section under any of the following circumstances:

(1) The action is commenced within 1 year after the adoption of the challenged method of election, ordinance, resolution, rule, policy, standard, regulation, procedure, or law;

(2) The prospect of obtaining relief under this Subchapter would be futile;

(3) Another party has already submitted a notification letter under this subsection alleging a substantially similar violation and that party is eligible to bring a cause of action under this Sect. 280.154;

(4) Following the party's submission of a TXVRA Notification Letter, the local government has adopted a TXVRA Resolution that identifies a remedy that would not remedy the violation identified in the party's notification letter; or

(5) The party is seeking preliminary relief with respect to an upcoming election in accordance with section IX.

(c) Where there is evidence that more than one protected class of eligible voters is politically cohesive in the local government, members of each of those protected classes may be combined for the purpose of consideration by the commission under this section.

Sec. 280.155. LOCAL GOVERNMENTS MAY NOT ASSERT THE DOCTRINE OF LACHES AS A DEFENSE TO CLAIMS BROUGHT UNDER THIS SECTION. LOCAL GOVERNMENTS MAY NOT ASSERT THAT PLAINTIFFS HAVE FAILED TO COMPLY WITH ANY NOTICE, EXHAUSTION, OR OTHER PROCEDURAL REQUIREMENTS UNDER STATE LAW, OTHER THAN THE REQUIREMENTS IN THIS SUBCHAPTER, AS A DEFENSE TO CLAIMS BROUGHT UNDER THIS SECTION.

SUBCHAPTER E: VOTER INTIMIDATION, DECEPTION, AND OBSTRUCTION

(a) A person, whether acting under color of law or otherwise, may not engage in acts of intimidation, deception, obstruction, force, coercion, or any other act(s) that has the effect or will reasonably have the effect of interfering with an individual's right to vote or register to vote.

(b) A violation of this Subchapter includes, but is not limited to, the following:

(1) The use of force or threats to use force, or the use of any other intimidating conduct that causes a voter to feel harassed, terrified, intimidated, annoyed, alarmed, abused, tormented, embarrassed, or offended. Or causes a reasonable person to feel harassed, terrified, intimidated, annoyed, alarmed, abused, tormented, embarrassed, or offended.

(2) The knowing use of a deceptive or fraudulent device, contrivance, or communication that causes or will reasonably have the effect of causing interference with any individual's right to vote; or

(3) The obstruction of, impediment to, or other interference with access to any early voting site, polling place, mail ballot dropbox, residential mailbox or, or office of the supervisor of elections in a manner that causes or will reasonably have the effect of interfering with any individual's right to vote or causing any delay in voting or the voting process.

(c) In addition to any remedies that may be imposed under Section IX whenever the court finds a violation of any provision of this section, the court must order appropriate remedies that are tailored to address the violation, including but not limited to providing for additional time to vote at an election, primary, or referendum, and awarding damages including but not limited to punitive damages any violation.

SUBCHAPTER F. PRECLEARANCE

Sec. 280.201. APPLICABILITY OF SUBCHAPTER. (a) The enactment or implementation of a covered policy by a covered jurisdiction is subject to preclearance by the TXVRA Commission:

(1) any local government that, within the prior 25 years, has been subject to any court order, government enforcement action, court-approved, consent decree, or any other settlement in which the local government conceded liability, based on a violation of:

(A) this act;

(B) the Voting Rights Act of 1965 (52 U.S.C. Section 10101 et seq.);

(C) the Fifteenth Amendment to the United States Constitution;

(D) a voting-related violation of the Fourteenth Amendment to the United States Constitution; or

(E) any violation of any other state or federal election law based upon discrimination against members of a protected class;

(2) any local government that, within the prior 25 years, has been subject to any court order, court-approved consent decree, or any other settlement in which the local government conceded liability, based upon a violation of any state or federal civil rights law or the Fourteenth Amendment to the United States Constitution concerning discrimination against members of a protected class before implementing a policy under Section 280.202 but failed to do so;

(3) any local government that, during the prior three years, has failed to comply with that local government's obligations to provide data or information to the statewide database pursuant to Section 280.254(f); or

(4) any local government that during the prior 25 years, was found to have enacted or implemented a covered policy without obtaining preclearance for such covered policy pursuant to this section; or

(5) any local government that:

(A) contains a population of eligible voters of any protected class that numbers at least:

(i) 1,000; or

(ii) in which members of any protected class constitute at least 10 percent of the eligible voter population of the local government; and

(B) in which, in any year in the prior 10 years:

(i) the percentage of voters of any protected class in a local government that participated in any general election for any local government office is at least 10 percentage points lower than the percentage of all voters in the local government that participated in such election; or

(ii) the percentage of eligible voters of that protected class who were registered to vote was at least 10 percentage points lower than the percentage of all eligible voters in the local government who were registered to vote; or

(iii) based on data made available by the United States Census, the dissimilarity index of such protected class, calculated using census tracts, is in excess of fifty with respect to the race, color, or language-minority group that comprises a plurality within the local government; or

(iv) the poverty rate among members of such protected class exceeds the poverty rate among the population of the local government as a whole by at least 10 percentage points; or

(6) any county that:

(A) contains a population of eligible voters of any protected class that numbers at least:

(i) 1,000; or

(ii) in which members of any protected class constitute at least 10 percent of the eligible voter population of the local government; and

(B) in which, in any year in the prior 10 years:

(i) the arrest rate among members of such protected class exceeds the arrest rate among the population of the local government as a whole by at least 10 percentage points; or

(ii) the graduation rate of such protected class is lower than the graduation rate of the entire district student population by at least 10 percentage points.

(b) On an annual basis, the TXVRA Commission must determine which local governments are covered jurisdictions and publish a list of these local governments online.

(c) If a overed jurisdiction seeks preclearance from the TXVRA Commission for the adoption or implementation of any covered policy, the covered jurisdiction must submit the covered policy to the TXVRA Commission in writing and may obtain preclearance in accordance with the provisions of this subsection:

(1) The covered jurisdiction shall bear the burden of proof in any preclearance determinations.

(2) The TXVRA Commission may deny preclearance to a submitted covered policy only if it determines that:

(i) the covered policy is more likely than not to diminish the opportunity or ability of protected class members to participate in the political process and elect candidates of their choice or otherwise influence the outcome of elections; or

(ii) the covered policy is more likely than not to violate the provisions of this act.

(3) If the TXVRA Commission denies preclearance, the applicable covered jurisdiction may not enact or implement the covered policy. The TXVRA Commission shall provide written explanation of any denial.

(4) If the TXVRA Commission grants preclearance to a covered policy, the covered jurisdiction may immediately enact or implement the covered policy. A determination by the TXVRA Commission to grant preclearance may not be admissible in or otherwise considered by a court in any subsequent action challenging the covered policy. If the TXVRA Commission fails to deny or grant preclearance to a submitted covered policy within the time period sets forth pursuant to subsection (e)(5) of this section, the covered policy is to be deemed precleared, and the covered jurisdiction may enact or implement the covered policy.

(5) If a covered policy concerns the method of election for a legislative body, districting or redistricting, the number of seats on the legislative body, or annexation, incorporation, dissolution, consolidation, or division of a local government, the TXVRA Commission, shall review the covered policy, including any public comment, and make a determination to deny or grant preclearance within 60 days following the submission of the covered policy. The TXVRA Commission may invoke up to two extensions of 90 days each to make such a determination. For all other covered policies, the TXVRA Commission, shall review the covered policy, including any public comment, and make a determination to deny or grant preclearance within 30 days following the submission of the covered policy. The TXVRA Commission may invoke an extension of 60 days to make such a determination.

(6) Any denial of preclearance under this section may be appealed only by the covered jurisdiction, and shall be filed in the Third Judicial Circuit of Texas.

(d) Any aggrieved party pursuant to Subchapter J of this Act, the director of the Database and Institute, the attorney general, or the TXVRA Commission may file an action to enjoin enactment or implementation and seek sanctions against the covered jurisdiction for violations of this section. Such a claim may be filed pursuant to the Texas Rules of Civil Practice and Procedure or in the Third Judicial Circuit of Texas. A claim under this subsection does not preclude, bar, or limit any other claims that may be brought regarding the covered policy in any way, including claims brought under other sections of this act.

(e) If the TXVRA Commission approves preclearance to a covered policy in violation of this section, identifies or fails to identify a list of local governments that are covered jurisdictions in violation of Subchapter F of this act, or otherwise fails to properly implement any of the provisions of this section, any aggrieved party pursuant to Subchapter J of this Act, may file an action seeking appropriate relief, including but not limited to injunctive relief on the TXVRA Commission or any other party, as the court deems necessary to effectuate the provisions of this section. Such a claim may be filed pursuant to the Texas Rules of Civil Practice and Procedure or in the Third Judicial Circuit of Texas. A claim under this subsection does not preclude, bar, or limit any other claims that may be brought regarding any covered policy in any way, including claims brought under other sections of this act.

(f) TXVRA Commission must adopt regulations to effectuate the provisions of this section, including regulations concerning the content of and procedure for preclearance submissions, procedures for public comment and transparency regarding preclearance determinations, and procedures for expedited and emergency preclearance determinations, which may deviate from the timelines provided in subsection 280.254(f) of this section provided that such preclearance determinations are preliminary.

SUBCHAPTER G. LANGUAGE ACCESS

(a) As used in this section, the term:

(1) "Limited English proficient individual" means an individual who does not speak English as his or her primary language and who speaks, reads, or understands the English language other than "very well" in accordance with United States Census Bureau data or data of comparable quality collected by a governmental entity.

(2) "Native American" includes any person recognized by the United States Census Bureau or the state as "American Indian."

(b) The TXVRA Commission must designate one or more languages, other than English, for which assistance in voting and elections must be provided in a local government if the TXVRA Commission finds that a significant and substantial need exists for such assistance.

(c) Based on the best available data, which may include information from the United States Census Bureau's American Community Survey or data of comparable quality collected by a governmental entity, the TXVRA Commission must find that a significant and substantial need exists if:

(1) More than 2 percent, but no fewer than 200 citizens of voting age, of a local government speak a language other than English and are limited English proficient individuals; or

(2) More than 4,000 citizens of voting age of a local government speak a language other than English and are limited English proficient individuals.

(d) In the case of a local government that contains any part of a Native American reservation, if more than 2 percent of the Native American citizens of voting age within the Native American reservation are proficient in a language other than English and are limited English proficient individuals, the local government must provide materials in such language.

(e) On an annual basis, the TXVRA Commission must publish on its website a list of all of the following:

(1) Each local government in which assistance in voting and elections in a language other than English must be provided.

(2) Each language in which such assistance must be provided in each local government.

(f) The TXVRA Commission's determinations under this section are effective upon publication, and the TXVRA Commission must distribute this information to each affected local government.

(g) Whenever the TXVRA Commission determines that, pursuant to this section, language assistance must be provided by a local government, the local government must provide competent assistance in each designated language and provide related materials in English and in each designated language, including:

(1) voter registration or voting notices;

(2) forms, instructions, assistance, ballots or other materials or information relating to the electoral process.

(h) However, in the case of a language that is oral or unwritten, including historically unwritten languages, as may be the case for some Native Americans, a local government may provide only oral instructions, assistance, or other information on the electoral process in such language.

(i) All materials provided in a designated language must be of an equal quality to the corresponding English materials. All provided translations must convey the intent and essential meaning of the original text or communication and may not rely solely on automatic translation services. If available, language assistance must include live translation.

(j) The TXVRA Commission shall also establish a review process under which the TXVRA Commission determines, upon receipt of a request submitted under this subsection, whether a significant and substantial need exists in a local government for a language to be designated for language access and assistance in voting and elections whenever such a need has not otherwise been found under this Subchapter. Such process shall include, at a minimum:

(1) an opportunity for any voter or entity to submit a request for the Commission to consider designating a language in a local government;

(2) an opportunity for public comment; and

(3) a procedure ensuring that upon receipt of any such request and consideration of any public comment, the TXVRA Commission may, in accordance with the process for making this determination, determine that language assistance must be provided by a local government.

(k) Any aggrieved party pursuant to Subchapter I of this Act, the attorney general, or the TXVRA Commission may file an action alleging a violation of this section to enforce compliance with this section. Such a claim may be filed pursuant to the Texas Rules of Civil Practice and Procedure or in the Third Judicial Circuit of Texas.

SUBCHAPTER H. TEXAS VOTING AND ELECTION INSTITUTE

Sec. 280.251. DEFINITION. In this subchapter, "database and institute" means the Texas Voting and Elections Database and Institute created by this subchapter.

Sec. 280.252. CREATION OF DATABASE AND INSTITUTE. (a) The TXVRA commission shall enter into an agreement with one or more universities in this state to create the Texas Voting and Elections Database and Institute to maintain and administer a central repository of elections and voting data available to the public from all local governments in this state and to foster, pursue, and sponsor research on existing laws and best practices in voting and elections.

(b) The agreement described by Subsection (a) shall enter into a memorandum of understanding that includes the process for selecting the director of the database and institute.

Sec. 280.253. POWERS AND DUTIES OF DATABASE AND INSTITUTE. (a) The database and institute shall:

(1) provide a center for research, training, and information on voting systems and election administration; and

(2) provide nonpartisan technical assistance to local governments, scholars, and the general public seeking to use the resources of the database and institute created under Section 280.254.

(b) The database and institute may:

(1) conduct classes both for credit and noncredit;

(2) organize interdisciplinary groups of scholars to research voting and elections in this state;

(3) conduct seminars involving voting and elections;

(4) assist in the dissemination of election data to the public; and

(5) publish books and periodicals as the database and institute considers appropriate on voting and elections in this state.

Sec. 280.254. ELECTION DATABASE. (a) The database and institute shall establish a nonpartisan centralized database in order to collect, archive, and make publicly available at no cost an accessible database pertaining to elections, voter registration, and ballot access in this state.

(b) The data, information, and estimates maintained by the database and institute must be posted online and made available to the public at no cost.

(c) The database and institute shall maintain in an electronic format and make available all relevant election and voting data and records for at least the previous 12-year period. The data and records that must be maintained include, but are not limited to, all of the following:

(1) population data that:

(A) includes estimates of the total population, voting age population, and citizen voting age population by racial, color, or language minority group and disability status; and

(B) is broken down to the precinct-level data, on a year-by-year basis, for every local government in this state; and

(C) is based on data from the United States Census Bureau, American Community Survey, or data of comparable quality collected by a public office;

(2) election results at the precinct level for every federal, state, and local election held in every local government in this state;

(3) contemporaneous voter registration lists, voter history files, election day polling places, and absent voter ballot drop box locations for every election in every local government in this state;

(4) contemporaneous maps or other documentation of the configuration of precincts;

(5) election day polling places, including, but not limited to, lists of precincts assigned to each polling place, if applicable;

(6) adopted districting or redistricting plans for every election in every local government in this state;

(7) any other data that the director of the database and institute considers necessary to maintain in furtherance of the purposes of the database and institute.

(d) Any maps, election day polling places, and absentee voter ballot drop box locations must be made available in a geospatial file format.

(e) The database and institute shall prepare any estimates made under this section by applying the most advanced, peer-reviewed, and validated methodologies available for the purposes of this subchapter.

(f) All state agencies and local governments shall timely provide the director of the database and institute with any information requested by the director of the database and institute. No later than 90 days after an election, each local government shall transmit to the database and institute copies of all of the following:

(1) election results at the precinct level;

(2) contemporaneous voter registration lists;

(3) state voter file;

(4) maps, descriptions, and shapefiles for election districts;

(5) lists of election day polling places, shapefiles, or descriptions of the precincts assigned to each election day polling place; and

(6) any other data as requested by the database and institute.

(g) At least annually or upon the request by the director of the database and institute, any state entity identified by the director of the database and institute as possessing data, statistics or other information that the database and institute requires to carry out its duties and responsibilities, shall provide to the database and institute such data, statistics or information.

(h) Any aggrieved party pursuant to Subchapter I of this act, the director of the database and institute, the attorney general, or the TXVRA Commission may file an action to enforce compliance with this section. Such a claim may be filed pursuant to the Texas Rules of Civil Practice and Procedure or in the Third Judicial Circuit.

(i) No later than 90 days following the end of each state fiscal year, the database and institute shall publish a report on the priorities and finances of the database and institute.

(j) The database and institute shall provide nonpartisan technical assistance to local governments, researchers, and members of the public seeking to use the resources of the statewide database.

(k) There shall be a rebuttable presumption that the data, estimates, or other information maintained by the database and institute is valid.

SUBCHAPTER I. VOTER EDUCATION FUND

Sec. 280.301. VOTER EDUCATION FUND. (a) The TXVRA commission shall create and administer a voter education fund under this section.

(b) The TXVRA shall expend money from the fund for one or more of the following purposes:

(1) cover the operational and administrative costs of the commission;

(2) developing and distributing educational materials on voting rights and the voting process, including information on:

(A) voter registration;

(B) voting by mail; and

(C) polling place accessibility;

(3) conducting public education campaigns to:

(A) inform voters about changes to voting laws, election procedures, or polling locations; and

(B) counteract false or misleading information about voting;

(4) providing training and resources to local election officials, poll workers, and volunteers on how to ensure fair and equitable access to the ballot for all eligible voters;

(5) establishing and maintaining voter hotlines, online portals, or other mechanisms for:

(A) voters to report incidents of voter intimidation, suppression, or discrimination; and

(B) an election official to respond to a report made under Paragraph (A);

(6) supporting voter outreach efforts targeted at historically underrepresented communities, including, but not limited to,:

(A) members of protected classes;

(B) low-income individuals;

(C) youth; and

(D) people with disabilities;

(7) providing grants to community-based organizations, civic groups, and civil rights organizations to conduct voter education and mobilization activities (such as voter registration drives, candidate forums, and get-out-the-vote campaigns) or to engage in non-partisan advocacy, litigation, or other legal actions to protect voting rights, challenge discriminatory voting practices, or seek redress for victims of voter suppression or intimidation;

(8) partnering to develop and implement nonpartisan curricula on civic engagement, voting, and the importance of participating in the democratic process; and

(9) funding research and evaluation projects to:

(A) assess the impact of voter education and outreach efforts on voter participation and civic engagement; and

(B) identify best practices for improving access to the ballot.

SUBCHAPTER J. STANDING

(a) An action to cure a violation of this title may be brought by any individual or entity aggrieved by a violation of this Act.

(b) An entity aggrieved by a violation of this section includes, but is not limited to, any entity (1) whose membership includes individuals aggrieved by a violation of this section; or (2) whose mission would be frustrated by a violation of this section, including but not limited to an entity who would expend or divert resources to fulfill its mission as a result of such violation or who must expend greater resources or efforts to advocate before an elected body that is less responsive to the entity or its members due to the alleged violation. An entity shall not be compelled to disclose the identity of any specific member to pursue a claim on behalf of its members.

(c) In an action involving a districting plan, any individual who resides in the defendant jurisdiction and is a member of the affected protected class or classes, whether or not they reside in any particular district, may challenge the districting plan as a whole.

(d) This section shall be construed liberally to confer standing as broadly as the State Constitution permits.

SUBCHAPTER K. SEVERABILITY

(a) To the extent any provision of this Act, including any legal standard or requirement, or any section, subsection, paragraph, subparagraph, sentence, or other portion of this Act, may be construed or applied in a manner that is unconstitutional or otherwise invalid, such provision must always be construed or applied in a constitutional and valid manner.

(b) To the extent any provision of this Act is held invalid for any reason, such invalidity must be construed as narrowly as possible and must not affect other provisions or applications of this Act that can be given effect without the invalid provision, and to this end the provisions of this Act are severable.

SUBCHAPTER L. REMEDIES

(a) Whenever a court finds a violation by of any provision of this act, such court shall order appropriate remedies, notwithstanding any other law, that are tailored to address such violation and to ensure protected class members have equitable opportunities to fully participate in the political process and that can be implemented in a manner that will not unduly disrupt the administration of an ongoing or imminent election. Appropriate remedies may include, but need not be limited to:

(1) a new or revised method of election;

(2) new or revised districting or redistricting plans;

(3) elimination of staggered elections so that all members of the legislative body are elected at the same time;

(4) reasonably increasing the size of the legislative body;

(5) additional voting days or hours;

(6) additional polling places and/or early voting sites;

(7) additional opportunities to return ballots;

(8) holding of special elections;

(9) expanded opportunities for voter registration;

(10) additional voter education;

(11) the restoration or addition of individuals to registry lists; or

(12) retaining jurisdiction for such period of time as the court may deem appropriate.

(b) The court shall consider remedies proposed by any parties to the action or by interested nonparties. The court may not give deference or priority to a proposed remedy because it is proposed by the state or local government.

(c) Notwithstanding the Texas Rules of Civil Procedure or any other provision of Texas Statutes, the court shall grant a temporary injunction and any other preliminary relief requested under this section with respect to an upcoming election if the court determines that the party is more likely than not to succeed on the merits and it is possible to implement an appropriate temporary remedy that would resolve the violation alleged under this section before the election.

(d) Any prevailing party in any action or proceeding brought under this Act is entitled to reasonable attorneys' fees and costs, including expert witness fees and other pre-litigation and litigation expenses.

(e) For the purpose of this Act, the term "prevailing party" includes any plaintiff or prospective plaintiff:

(1) who obtains some of their requested relief through a judicial judgment in their favor;

(2) who obtains some of their requested relief through any settlement agreement approved by the court;

(3) or whose pursuit of a non-frivolous claim or notice of a claim following the procedure pursuant to Section III(d) of this Act was a catalyst for a unilateral change in position by the opposing party relative to the relief sought.

(f) To the extent parties are unable to come to mutual agreement, any party may file a motion or action for clarification of rights.

(g) Another method of election or changes to the existing method of election that could be constitutionally adopted or ordered under this section would likely mitigate the impairment.

SECTION 2. This Act takes effect September 1, 2025.