86R9607 JRJ-F
	By: González of El Paso	H.B. No. 3421

	A BILL TO BE ENTITLED
	AN ACT
	relating to the Independent Citizen Redistricting Commission.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Title 5, Government Code, is
	amended to read as follows:
	TITLE 5. OPEN GOVERNMENT; ETHICS; REDISTRICTING
	SECTION 2.  Title 5, Government Code, is amended by adding
	Subtitle C to read as follows:
	SUBTITLE C. REDISTRICTING
	CHAPTER 581. INDEPENDENT CITIZEN REDISTRICTING COMMISSION
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec. 581.001.  DEFINITIONS. In this chapter:
	(1)  "Census year" means a calendar year in which the
	United States decennial census is taken.
	(2)  "Commission" means the Independent Citizen
	Redistricting Commission.
	(3)  "Immediate family member" means a person's spouse,
	parent, child, sibling, in-law, or other individual with whom the
	person has a bona fide family relationship established through
	blood or legal relation.
	(4)  "Majority party" means, with respect to a
	commission member, the political party with the most total votes
	cast in the four statewide primary elections preceding the member's
	appointment.
	(5)  "Minority party" means, with respect to a
	commission member, the political party with the second highest
	number of total votes cast in the four statewide primary elections
	preceding the member's appointment.
	(6)  "Statewide primary election" means an election
	held by a political party to select its nominee for governor or for
	President of the United States. The term does not include a runoff
	primary election.
	Sec. 581.002.  REDISTRICTING AUTHORITY.  The Independent
	Citizen Redistricting Commission exercises the legislative
	authority of this state to adopt redistricting plans for the
	election of the members of the United States House of
	Representatives elected from this state. A plan for congressional
	districts may be established or modified only by the commission as
	provided by this chapter.
	SUBCHAPTER B. MEMBERSHIP; POWERS AND DUTIES
	Sec. 581.051.  COMMISSION.  (a)  Not later than December 31
	of each census year, the members of the Independent Citizen
	Redistricting Commission shall be appointed and the commission
	shall commence the redistricting process for the election of the
	members of the United States House of Representatives elected from
	this state in connection with the census taken that year.
	(b)  The commission members shall:
	(1)  conduct an open and transparent process enabling
	full public consideration of, and comment on, the drawing of
	district lines;
	(2)  draw district lines according to the redistricting
	criteria specified in this chapter; and
	(3)  conduct themselves with integrity and fairness.
	(c)  The selection process for commission members is
	designed to produce a commission that is independent from
	legislative influence and reasonably representative of this
	state's diversity.
	(d)  The commission consists of 14 members as follows:
	(1)  five majority party members, each of whom:
	(A)  voted in at least two of the statewide
	primary elections in the five years preceding the member's
	appointment held by the majority party;
	(B)  did not vote in any of the four statewide
	primary elections preceding the member's appointment held by a
	political party other than the majority party; and
	(C)  voted in at least two of the three general
	elections preceding the member's appointment in which the office of
	governor or President of the United States appeared on the ballot;
	(2)  five minority party members who:
	(A)  voted in at least two of the statewide
	primary elections in the five years preceding the member's
	appointment held by the minority party;
	(B)  did not vote in any of the four statewide
	primary elections preceding the member's appointment held by a
	political party other than the minority party; and
	(C)  voted in at least two of the three general
	elections preceding the member's appointment in which the office of
	governor or President of the United States appeared on the ballot;
	and
	(3)  four independent members who:
	(A)  did not vote in any statewide primary
	elections in the five years preceding the member's appointment; and
	(B)  voted in at least two of the three general
	elections preceding the member's appointment in which the office of
	governor or President of the United States appeared on the ballot.
	Sec. 581.052.  TERM OF OFFICE.  The term of office of each
	commission member expires at the time the first commission member
	is appointed in the next census year.
	Sec. 581.053.  QUORUM AND VOTING.  Nine commission members
	constitute a quorum. The affirmative vote of at least nine
	commission members is required for any official commission action.
	Each final redistricting map must be approved by the affirmative
	vote of at least nine commission members, including at least three
	majority party members, at least three minority party members, and
	at least three independent members, as provided by Section
	581.051(d).
	Sec. 581.054.  PROHIBITED ACTIVITIES.  A commission member
	is ineligible for a period of 10 years beginning on the date of
	appointment to hold a federal, state, or county office elected from
	this state. A commission member is ineligible for a period of five
	years beginning on the date of appointment to:
	(1)  hold an appointed federal office representing this
	state;
	(2)  hold an appointed state or local office in this
	state;
	(3)  serve as a paid employee of or as a paid consultant
	to:
	(A)  a member of the United States Congress
	elected from this state;
	(B)  the legislature; or
	(C)  a member of the legislature; or
	(4)  register as a lobbyist in this state.
	Sec. 581.055.  APPLICATIONS. (a) Not later than January 1
	of each census year, the state auditor shall initiate an
	application process for commission members.
	(b)  The process must be open to all registered voters of
	this state and promote a diverse and qualified applicant pool.
	Sec. 581.056.  APPLICANT REVIEW PANEL. (a) The state
	auditor shall establish an applicant review panel consisting of
	three interested citizens to screen applicants. The state auditor
	shall randomly draw the names of three interested citizens from a
	pool consisting of all citizens who have applied under procedures
	established by the state auditor to serve on the applicant review
	panel. The state auditor shall draw until the names of three
	interested citizens have been drawn, including:
	(1)  one who would qualify as a majority party member of
	the commission under Section 581.051(d)(1);
	(2)  one who would qualify as a minority party member of
	the commission under Section 581.051(d)(2); and
	(3)  one who would qualify as an independent member of
	the commission under Section 581.051(d)(3).
	(b)  After the drawing under Subsection (a), the state
	auditor shall notify the three citizens whose names have been drawn
	that they have been selected to serve on the panel. If any of the
	three citizens decline to serve on the panel, the state auditor
	shall resume the random drawing until three citizens who meet the
	requirements of Subsection (a) have agreed to serve on the panel.
	(c)  An individual may not serve on the panel if the
	individual has a conflict of interest described by Section 581.057.
	Sec. 581.057.  CONFLICTS OF INTEREST. (a) The state auditor
	shall remove an applicant with a conflict of interest from the
	applicant pool, including an applicant:
	(1)  who at any point during the 10 years preceding the
	application date:
	(A)  was appointed or elected to, or was a
	candidate for, federal or state office;
	(B)  served as an officer, employee, or paid
	consultant of a political party or of the campaign committee of a
	candidate for elective federal or state office;
	(C)  served as an elected or appointed member of a
	political party's executive committee;
	(D)  was a registered lobbyist;
	(E)  served as a paid staff member for Congress;
	or
	(F)  contributed at least $2,000 or the amount
	provided by Subsection (b) to any congressional or state candidate
	for elective public office in any year;
	(2)  with an immediate family member who would be
	disqualified as an applicant under Subdivision (1); or
	(3)  who is an employee of, a consultant to, party to a
	contract with, or an immediate family member of the governor, a
	member of the legislature, or a member of Congress.
	(b)  Beginning in 2029, on January 1 of each year ending in
	the numeral 9, the contribution amount prescribed by Subsection
	(a)(1)(F) is increased or decreased by an amount equal to the amount
	prescribed by that paragraph on December 31 of the preceding year
	multiplied by the percentage increase or decrease during the
	preceding decade in the Consumer Price Index for All Urban
	Consumers (CPI-U), U.S. City Average, as published by the United
	States Bureau of Labor Statistics or its successor in function.
	Sec. 581.058.  SELECTION OF APPLICANT SUBPOOLS. (a) After
	removing individuals with conflicts of interest from the applicant
	pool under Section 581.057, the state auditor shall, not later than
	August 1 of each census year, publicize the names of individuals in
	the applicant pool.
	(b)  From the applicant pool described by Subsection (a), the
	applicant review panel shall select:
	(1)  a majority subpool consisting of 20 of the most
	qualified applicants who would qualify as majority party members
	under Section 581.051(d)(1);
	(2)  a minority subpool consisting of 20 of the most
	qualified applicants who would qualify as minority party members
	under Section 581.051(d)(2); and
	(3)  an independent subpool consisting of 20 of the
	most qualified applicants who would qualify as independent members
	under Section 581.051(d)(3).
	(c)  The applicant review panel shall select the members of
	the applicant subpools based on relevant analytical skills, ability
	to be impartial, and appreciation for this state's diverse
	demographics and geography.
	(d)  Not later than October 1 of each census year, the
	applicant review panel shall present the members of the applicant
	subpools to the caucus leaders of the majority party and minority
	party of each house of the legislature as described by Section
	581.059.
	(e)  Before presenting the applicant subpools as provided by
	Subsection (d), a member of the applicant review panel may not
	communicate with:
	(1)  a member, or a representative of a member, of
	Congress about any matter related to the selection process; or
	(2)  a member of the applicant pool.
	Sec. 581.059.  STRIKES BY CAUCUS LEADERS. (a) Not later
	than November 15 of each census year, the caucus leaders of the
	majority party and minority party of each house of the legislature
	may each strike up to two applicants from each applicant subpool
	under Section 581.058(b), for a total of eight possible strikes per
	applicant subpool.
	(b)  After all strikes have been made as provided by
	Subsection (a), the caucus leaders shall present the remaining
	members of each applicant subpool to the state auditor.
	Sec. 581.060.  DRAWING TO SELECT FIRST EIGHT COMMISSION
	MEMBERS. Not later than November 20 of each census year, the state
	auditor shall select the first eight members of the commission by
	randomly drawing:
	(1)  three applicants from the majority subpool who
	were not struck under Section 581.059;
	(2)  three applicants from the minority subpool who
	were not struck under Section 581.059; and
	(3)  two applicants from the independent subpool who
	were not struck under Section 581.059.
	Sec. 581.061.  APPOINTMENT OF SECOND SIX COMMISSION MEMBERS.
	(a) Not later than December 31 of each census year, the eight
	commission members selected under Section 581.060 shall review the
	remaining names in each applicant subpool and appoint to the
	commission:
	(1)  two remaining applicants from the majority subpool
	who were not struck under Section 581.059;
	(2)  two remaining applicants from the minority subpool
	who were not struck under Section 581.059; and
	(3)  two remaining applicants from the independent
	subpool who were not struck under Section 581.059.
	(b)  An appointment under Subsection (a) must be approved by
	at least five affirmative votes of commission members selected
	under Section 581.060, including at least two votes of commission
	members drawn from the majority subpool, at least two votes of
	commission members drawn from the minority subpool, and at least
	one vote of a commission member drawn from the independent subpool.
	(c)  In making appointments under Subsection (a), the
	commission members shall ensure that the commission reflects this
	state's diversity, including racial, ethnic, geographic, and
	gender diversity. However, the legislature does not intend that
	formulas or specific ratios be applied for this purpose.
	(d)  Appointments under Subsection (a) shall also be made
	based on relevant analytical skills and the ability to be
	impartial.
	SUBCHAPTER C. ORGANIZATION OF COMMISSION
	Sec. 581.101.  OFFICERS. The commission shall select by a
	vote of at least two-thirds of its members one member as chair and
	one member as vice chair. The chair and vice chair may not both be
	majority party members, minority party members, or independent
	members as described by Section 581.051(d).
	Sec. 581.102.  REMOVAL OF COMMISSION MEMBER. (a) After
	having been served written notice and provided with an opportunity
	for a response, a commission member may be removed by the governor
	with the concurrence of two-thirds of the members of the senate for
	substantial neglect of duty, gross misconduct in office, or
	inability to discharge the duties of office.
	(b)  A commission member removed for substantial neglect of
	duty or gross misconduct in office may be referred to the attorney
	general for criminal investigation or to an appropriate
	administrative agency for investigation.
	Sec. 581.103.  VACANCY. (a) A vacancy on the commission
	shall be filled, not later than the 30th day after the date the
	vacancy occurs, by appointment by the commission of a remaining
	applicant who was not struck under Section 581.059 from the same
	applicant subpool as the vacating member.
	(b)  If a vacancy on the commission occurs and no applicant
	from the same applicant subpool as the vacating member is available
	for appointment to the commission, the state auditor and an
	applicant review panel shall solicit and select an appropriate
	number of new applicants for the applicable subpool using, to the
	extent practicable, the procedures provided by Sections 581.055,
	581.056, 581.057, and 581.058(a)-(c) but disregarding the
	deadlines provided by those sections. The commission shall fill the
	vacancy as soon as practicable by appointment of one of the new
	applicants described by this subsection.
	Sec. 581.104.  BUDGET.  The legislature may appropriate to
	the state auditor, the secretary of state, and the commission
	amounts sufficient to implement the redistricting process required
	by this chapter.
	SUBCHAPTER D. COMMISSION POWERS AND DUTIES
	Sec. 581.151.  REDISTRICTING PLAN; STANDARDS. (a) The
	commission shall establish districts described by Section 581.002
	through a mapping process using the following criteria in the
	following order of priority:
	(1)  districts must comply with the United States
	Constitution;
	(2)  districts must achieve population equality as
	nearly as is practicable;
	(3)  districts must comply with the federal Voting
	Rights Act of 1965 (52 U.S.C. Section 10101 et seq.);
	(4)  districts must be geographically contiguous;
	(5)  the geographic integrity of each municipality,
	county, local neighborhood, and local community of interest must be
	respected in a manner that minimizes its division to the extent
	possible without violating the requirements of any of the preceding
	subdivisions; and
	(6)  to the extent practicable and to the extent that
	compliance with this subdivision does not preclude compliance with
	any of the preceding subdivisions, districts must be drawn to
	encourage geographical compactness so that nearby areas of
	population are not bypassed for more distant population.
	(b)  For purposes of Subsection (a)(5), a community of
	interest is a contiguous population that shares common social and
	economic interests that should be included within a single district
	for purposes of that population's effective and fair
	representation.  Communities of interest may not be determined
	based on relationships with political parties, incumbents, or
	political candidates.
	(c)  The place of residence of any incumbent or political
	candidate may not be considered in the creation of a map. Districts
	may not be drawn for the purpose of favoring or discriminating
	against an incumbent, political candidate, or political party.
	(d)  Not later than September 15 of each year following a
	census year, the commission shall approve a final map that sets
	forth the boundary lines of the districts for the election of the
	members of the United States House of Representatives elected from
	this state.  On approval, the commission shall certify each final
	map to the secretary of state.
	(e)  The commission shall issue, with the final map, a report
	that explains the basis on which the commission made its decisions
	in achieving compliance with the criteria listed in Subsection (a)
	and shall include definitions of the terms and standards used in
	drawing the final map.
	(f)  If the commission fails to approve a final map with the
	vote and by the date required by this section, the secretary of
	state shall immediately petition the supreme court for an order
	directing the appointment of special masters to adjust the boundary
	lines of the districts required to be included in that map in
	accordance with the redistricting criteria and requirements
	provided by Subsections (a), (b), and (c). On approval of the
	special masters' map, the Texas Supreme Court shall certify the map
	to the secretary of state and the map constitutes the certified
	final map for the districts included in the map.
	(g)  The boundary lines of the districts contained in a
	certified final map apply beginning with the next statewide general
	election and any corresponding primary elections.
	Sec. 581.152.  OPEN MEETINGS. (a) The commission is a
	governmental body for purposes of Chapter 551.
	(b)  Notwithstanding Chapter 551, the secretary of state
	must post notice on the secretary of state's Internet website of a
	meeting of the commission for at least:
	(1)  14 days before the date of a meeting, other than a
	meeting described by Subdivision (2); or
	(2)  three days before the date of a meeting held in
	September of a year following a census year.
	(c)  Except in a closed meeting authorized by Subchapter D,
	Chapter 551, a member or employee of the commission may not
	communicate with or knowingly receive communications about a
	redistricting matter from anyone outside of an open meeting.
	Sec. 581.153.  PUBLIC INFORMATION. (a) The commission is a
	governmental body for purposes of Chapter 552.
	(b)  The commission shall post information relating to
	redistricting and all data considered by the commission in a manner
	that ensures immediate and widespread public access.
	Sec. 581.154.  EMPLOYEES AND CONTRACTORS. (a) The
	commission may hire employees and hire or contract with legal
	counsel and consultants as needed in the manner provided by this
	section.
	(b)  The commission must make hiring, removal, or
	contracting decisions for employees, legal counsel, and
	consultants by the affirmative vote of at least nine members,
	including at least three majority party members, at least three
	minority party members, and at least three independent members as
	described by Section 581.051(d).
	(c)  The commission shall ensure that at least one of the
	legal counsel hired by the commission has demonstrated extensive
	experience and expertise in implementing and enforcing the federal
	Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).
	(d)  The commission shall establish for individuals
	described by Subsection (a):
	(1)  clear criteria for hiring and removal;
	(2)  communication protocols; and
	(3)  a code of conduct.
	(e)  To the extent practicable, the commission shall avoid
	selecting employees, legal counsel, or consultants who would be
	disqualified from commission membership because of a conflict of
	interest described by Section 581.057(a).
	Sec. 581.155.  PUBLIC OUTREACH. (a) The commission shall
	establish and implement an open hearing process for public input
	and deliberation that is subject to public notice and promoted
	through a thorough outreach program to solicit broad public
	participation in the redistricting public review process.
	(b)  The hearing process must include hearings to receive
	public input before the commission draws any maps and hearings
	following the drawing and display of any commission maps. In
	addition, the commission shall supplement hearings with other
	appropriate activities to further increase opportunities for the
	public to observe and participate in the review process.
	(c)  The commission shall hold a public hearing in each
	proposed district and display maps for public comment in a manner
	designed to achieve the widest public access reasonably possible.
	(d)  The commission shall publicly display a preliminary map
	for congressional districts and shall accept public comment for at
	least 14 days after the date the preliminary map is first publicly
	displayed. The commission may not display any other maps for public
	comment during that 14-day period.
	(e)  The commission shall review all public comment and other
	testimony received at each hearing and make any necessary revisions
	before approving a final map.
	(f)  A hearing conducted under this section must be recorded
	on videotape or a functionally similar and widely available medium
	and made publicly available on the legislature's Internet website
	not later than 48 hours after the hearing.
	Sec. 581.156.  LEGAL CHALLENGE.  (a) The commission has sole
	standing to defend a legal challenge to a final map certified under
	Section 581.151 before a court other than the supreme court or a
	court of appeals. The legislature may provide adequate funding and
	other resources to the commission to defend a certified final map.
	The attorney general shall, at the commission's request, represent
	the commission in defense of a certified final map. The commission
	may, in its sole discretion, retain legal counsel other than the
	attorney general to represent the commission in defense of a
	certified final map before a court other than the supreme court or a
	court of appeals.
	(b)  Any registered voter in this state may file a petition
	for a writ of mandamus or writ of prohibition, not later than the
	45th day after a final map is certified to the secretary of state,
	to bar the secretary of state from implementing the map on the
	grounds that the map violates the Texas Constitution, the United
	States Constitution, or any federal or state statute.
	(c)  If the court determines that a final certified map
	violates the Texas Constitution, the United States Constitution, or
	any federal or state statute, the court shall fashion the relief
	that the court deems appropriate, including the relief described by
	Section 581.151(f).
	SUBCHAPTER E. ADMINISTRATIVE SUPPORT AND OTHER RESOURCES
	Sec. 581.201.  ADMINISTRATIVE SUPPORT BY SECRETARY OF STATE.
	Following the appointment of new commission members in each census
	year, the secretary of state shall provide administrative support
	to the commission until the commission's staff and office are fully
	functional.
	Sec. 581.202.  PER DIEM AND EXPENSES. (a) A commission
	member is entitled to a per diem of $300 or the amount provided by
	Subsection (b) for each day the member is engaged in commission
	business.
	(b)  Beginning in 2030, on January 1 of each census year the
	per diem amount prescribed by Subsection (a) is increased or
	decreased by an amount equal to the amount prescribed by that
	subsection on December 31 of the preceding year multiplied by the
	percentage increase or decrease during the preceding decade in the
	Consumer Price Index for All Urban Consumers (CPI-U), U.S. City
	Average, as published by the United States Bureau of Labor
	Statistics or its successor in function.
	(c)  A commission member is eligible for reimbursement of
	expenses incurred in connection with the member's performance of
	duties under this chapter.
	(d)  For purposes of calculating expense reimbursement, a
	member's residence is considered to be the member's place of
	employment.
	SECTION 3.  Section 2058.002(a), Government Code, is amended
	to read as follows:
	(a)  The legislature, the Independent Citizen Redistricting
	Commission, or the Legislative Redistricting Board under Section
	28, Article III, [Section 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 4.  This Act takes effect January 1, 2020.