Bill Text: TX HB312 | 2019-2020 | 86th 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 2-0)

Status: (Introduced - Dead) 2019-04-04 - Left pending in committee [HB312 Detail]

Download: Texas-2019-HB312-Introduced.html
  86R311 JRJ-D
 
  By: Howard H.B. No. 312
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 fewer 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 must 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 42.032, Election Code, is amended to
  read as follows:
         Sec. 42.032.  REDISTRICTING: BOUNDARY CHANGES. If changes
  in county election precinct boundaries are necessary to give effect
  to a redistricting plan under Article III, Section 28a [28], of the
  Texas Constitution, each commissioners court shall order the
  changes before October 1 of the year in which the redistricting is
  done.
         SECTION 3.  Section 24.945(e), Government Code, is amended
  to read as follows:
         (e)  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 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
  [Legislative] Redistricting Commission [Board] in anticipation of
  a future action by the voters of any county.
         SECTION 4.  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 [Legislative] Redistricting Commission [Board]
  established by Article III, Section 28a [28], of the Texas
  Constitution shall 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, and
  that apportionment takes effect as provided by Sections 24.948 and
  24.949.
         SECTION 5.  Section 2058.002(a), Government Code, is amended
  to read as follows:
         (a)  The legislature or the Texas [Legislative]
  Redistricting Commission [Board] under Article III, Section 28a
  [28], of the Texas Constitution may officially recognize or act on a
  federal decennial census before September 1 of the year after the
  calendar year during which the census was taken.
         SECTION 6.  This Act takes effect January 1, 2021, but only
  if the constitutional amendment proposed by the 86th Legislature,
  Regular Session, 2019, establishing the Texas Redistricting
  Commission to redistrict the Texas Legislature and Texas
  congressional districts and revising procedures for redistricting
  is approved by the voters. If that proposed constitutional
  amendment is not approved by the voters, this Act has no effect.
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