Bill Text: TX HB1430 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the reapportionment of state legislative, congressional, and judicial districts and the creation, function, and duties of the Texas Redistricting Commission.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-01 - Referred to Redistricting [HB1430 Detail]
Download: Texas-2011-HB1430-Introduced.html
82R743 JRJ-D | ||
By: Strama | H.B. No. 1430 |
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relating to the reapportionment of state legislative, | ||
congressional, and judicial districts and the creation, function, | ||
and duties of the Texas Redistricting Commission. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle A, Title 3, Government Code, is amended | ||
by adding Chapter 307 to read as follows: | ||
CHAPTER 307. TEXAS REDISTRICTING COMMISSION | ||
Sec. 307.001. DEFINITIONS. In this chapter: | ||
(1) "Commission" means the Texas Redistricting | ||
Commission established by Section 28a, Article III, Texas | ||
Constitution. | ||
(2) "Plan" means a redistricting plan for the Texas | ||
Senate, Texas House of Representatives, or Texas congressional | ||
districts adopted as provided by Section 28a, Article III, Texas | ||
Constitution, and this chapter. | ||
Sec. 307.002. OATH. Before serving on the commission, each | ||
person appointed shall take and subscribe to the constitutional | ||
oath of office. | ||
Sec. 307.003. ELIGIBILITY. The eligibility of a person to | ||
serve on the commission is as prescribed by Section 28a, Article | ||
III, Texas Constitution. | ||
Sec. 307.004. PROHIBITED ACTIVITIES. A member of the | ||
commission may not: | ||
(1) campaign for elective office while a member of the | ||
commission; | ||
(2) actively participate in or contribute to the | ||
political campaign of a candidate for a state or federal elective | ||
office while a member of the commission; | ||
(3) serve as or be a candidate to be a member of the | ||
Texas Legislature before the third anniversary of the date the | ||
commission adopted a redistricting plan for that body during the | ||
member's service on the commission; or | ||
(4) perform an activity for which a person is required | ||
to register under Section 305.003. | ||
Sec. 307.005. OPERATION OF COMMISSION. (a) The | ||
legislature shall appropriate sufficient money for the | ||
compensation and payment of the expenses of the commission members | ||
and any staff employed by the commission. | ||
(b) The commission shall be provided access to statistical | ||
or other information compiled by the state or its political | ||
subdivisions as necessary for the commission's reapportionment | ||
duties. | ||
(c) The Texas Legislative Council, under the direction of | ||
the commission, shall provide the technical staff and clerical | ||
services that the commission needs to prepare its plans. | ||
Sec. 307.006. DUTIES. The commission shall: | ||
(1) adopt rules to carry out the constitutional duties | ||
of the commission and to administer this chapter; and | ||
(2) act as the legislature's recipient of the official | ||
census data and maps from the United States Census Bureau pursuant | ||
to the federal decennial census. | ||
Sec. 307.007. REDISTRICTING PLAN; FORM. (a) For each plan | ||
or modification of a plan adopted by the commission, the commission | ||
shall prepare and publish a report that includes: | ||
(1) for each district in the plan, the total | ||
population and the percentage deviation from the average district | ||
population; | ||
(2) an explanation of the criteria used in developing | ||
the plan, with a justification of any population deviation in a | ||
district from the average district population; | ||
(3) a map or maps of all the districts; and | ||
(4) the estimated cost to be incurred by the counties | ||
for changes in county election precinct boundaries required to | ||
conform to the districts adopted by the commission. | ||
(b) The commission shall make a copy of a report prepared | ||
under this section available to the public. | ||
Sec. 307.008. REDISTRICTING PLAN STANDARDS. (a) A plan | ||
adopted by the commission must conform to the standards provided by | ||
Sections 25, 26, and 28a, Article III, Texas Constitution. | ||
(b) In developing a plan, the commission may not consider: | ||
(1) the potential effects of the districts on | ||
incumbents or potential candidates for office; | ||
(2) the residence of any elected official or potential | ||
candidate for office; | ||
(3) any information involving the past political | ||
performance of a specific geographic area, except as necessary to | ||
comply with federal law; and | ||
(4) data concerning party affiliation or voting | ||
history, except as necessary to comply with federal law. | ||
Sec. 307.009. HEARINGS. (a) After proposing an initial | ||
plan or subsequent modification for each body for which the | ||
commission is required to adopt a plan, the commission shall hold | ||
public hearings in not less than four different geographic regions | ||
to consider each plan or modification. | ||
(b) The commission shall provide public notice of a hearing | ||
not less than 14 days before the date of the hearing. | ||
(c) After reviewing all information received at each | ||
hearing, the commission shall make all necessary revisions of the | ||
initial plan or modification before final adoption of a plan or | ||
modification of a plan. | ||
Sec. 307.010. DISCLOSURE OF DATA REQUIRED. The commission | ||
shall make all plans submitted to the commission, including the | ||
commission's initial plans and all subsequent modifications, | ||
hearing transcripts, minutes of meetings, maps, narrative | ||
descriptions of proposed districts, and other data used by the | ||
commission available to the public through the use of an Internet | ||
website and other appropriate means. | ||
Sec. 307.011. SUBMISSION OF PLAN. On adoption of a plan or | ||
modification of a plan by the commission, the commission shall | ||
submit the plan or modification to the governor, the secretary of | ||
state, and the presiding officer of each house of the legislature. | ||
Sec. 307.012. CESSATION OF OPERATIONS. (a) Following the | ||
initial adoption of all plans that the commission is required to | ||
adopt, the commission shall take all necessary steps to conclude | ||
its business and suspend operations until the commission reconvenes | ||
as provided by Section 28a, Article III, or Section 7a, Article V, | ||
Texas Constitution, if it does reconvene. | ||
(b) The commission shall prepare a financial statement | ||
disclosing all expenditures made by the commission. The official | ||
record of the commission shall contain all relevant information | ||
developed by the commission in carrying out its duties, including | ||
maps, data, minutes of meetings, written communications, and other | ||
information. | ||
(c) After the commission suspends operations, the secretary | ||
of state becomes the custodian of its official records for purposes | ||
of election administration. Any unexpended money from an | ||
appropriation to the commission reverts to the general revenue | ||
fund. | ||
Sec. 307.013. CHALLENGES TO PLAN. After a plan or | ||
modification of a plan is adopted by the commission, any person | ||
aggrieved by the plan may file a petition with the supreme court | ||
challenging the plan. | ||
Sec. 307.014. RECONVENING OF COMMISSION FOR | ||
REAPPORTIONMENT OF JUDICIAL DISTRICTS. (a) If the Judicial | ||
Districts Board fails to make a statewide reapportionment of | ||
judicial districts under Subchapter F, Chapter 24, unless the | ||
commission is already reconvened, the commission shall reconvene on | ||
September 1 of the year provided by Section 7a(e), Article V, Texas | ||
Constitution, to make the statewide reapportionment as required by | ||
Section 24.946(a). | ||
(b) The commission shall complete the reapportionment of | ||
judicial districts as soon as possible within the time provided by | ||
Section 7a(e), Article V, Texas Constitution. | ||
(c) The commission's reapportionment of judicial districts | ||
becomes effective as provided by Sections 24.948 and 24.949. | ||
(d) Following the effective date of a reapportionment of | ||
judicial districts, the commission shall take all necessary steps | ||
to conclude its business and suspend operations in accordance with | ||
Section 307.012. The commission shall suspend operations after the | ||
90th day after the September 1 on which the commission's authority | ||
to adopt a reapportionment plan for the judicial districts begins, | ||
unless the supreme court grants the commission additional time to | ||
conduct its activities. | ||
SECTION 2. Section 24.945(e), Government Code, is amended | ||
to read as follows: | ||
(e) The legislature, the Judicial Districts Board, or the | ||
Texas [ |
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redistrict the judicial districts to provide for any judicial | ||
district smaller in size than an entire county except as provided by | ||
this subsection. Judicial districts smaller in size than the | ||
entire county may be created subsequent to a general election in | ||
which 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." A redistricting plan may not be proposed or adopted by the | ||
legislature, the Judicial Districts Board, or the Texas | ||
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a future action by the voters of any county. | ||
SECTION 3. Section 24.946(a), Government Code, is amended | ||
to read as follows: | ||
(a) The board shall meet in accordance with its own rules. | ||
The board shall meet at least once in each interim between regular | ||
sessions of the legislature and shall exercise its reapportionment | ||
powers only in the interims between regular legislative sessions. | ||
Meetings of the board shall be subject to the provisions of Chapter | ||
551, except as otherwise provided by this subchapter. A | ||
reapportionment may not be ordered in the interim immediately | ||
following a regular session of the legislature in which a valid and | ||
subsisting statewide reapportionment of judicial districts is | ||
enacted by the legislature. 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 [ |
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established by Article III, Section 28a [ |
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Constitution shall make a statewide reapportionment of the judicial | ||
districts not later than the 90th [ |
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for the Judicial Districts Board to make the reapportionment, and | ||
that apportionment takes effect as provided by Sections 24.948 and | ||
24.949. | ||
SECTION 4. Section 2058.002(a), Government Code, is amended | ||
to read as follows: | ||
(a) The legislature or the Texas [ |
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Redistricting Commission [ |
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federal decennial census before September 1 of the year after the | ||
calendar year during which the census was taken. | ||
SECTION 5. This Act takes effect January 1, 2012, but only | ||
if the constitutional amendment proposed by the 82nd Legislature, | ||
Regular Session, 2011, establishing the Texas Redistricting | ||
Commission to establish legislative and congressional districts | ||
and revising constitutional redistricting procedures is approved | ||
by the voters. If that proposed constitutional amendment is not | ||
approved by the voters, this Act has no effect. |