Bill Text: TX HB165 | 2021 | 87th Legislature 1st Special Session | Introduced

Texas House Bill 165 (Prior Session Legislation)

Introduced

Bill Title: Relating to procedures for public involvement in redistricting of judicial districts, state legislative districts, State Board of Education districts, and congressional districts.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2021-07-08 - Filed [HB165 Detail]

Download: Texas-2021-HB165-Introduced.html

	87S10136 BEF-D

	By: González of Dallas	H.B. No. 165



	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 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 immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect on the 91st day after the last day of the
	legislative session.