Bill Text: TX HJR118 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Proposing a constitutional amendment establishing the Texas Redistricting Commission to redistrict the Texas Legislature and Texas congressional districts and revising procedures for redistricting.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-20 - Referred to Redistricting [HJR118 Detail]
Download: Texas-2017-HJR118-Introduced.html
By: Neave | H.J.R. No. 118 |
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proposing a constitutional amendment establishing the Texas | ||
Redistricting Commission to redistrict the Texas Legislature and | ||
Texas congressional districts and revising procedures for | ||
redistricting. | ||
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article III, Texas Constitution, is amended by | ||
adding Section 28a to read as follows: | ||
Sec. 28a. The Citizens Redistricting Commission | ||
(hereinafter the "commission") 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 article; | ||
and (3) conduct themselves with integrity and fairness. (c)(1) The | ||
selection process is designed to produce a Citizens Redistricting | ||
Commission that is independent from legislative influence and | ||
reasonably representative of this State's diversity. (2) The | ||
Citizens Redistricting Commission shall consist of 14 members, as | ||
follows: five who have voted exclusively in the primary of the | ||
largest political party in Texas based on general election results, | ||
five who have voted exclusively in the primary of the second largest | ||
political party in Texas based on general election results, and | ||
four who have not voted in the primaries of either of the two | ||
largest political parties in Texas based on general election | ||
results. (3) Each commission member shall be a voter who has been | ||
continuously registered in Texas who has voted in the same | ||
political party's primaries or not voted in a political party | ||
primary and who has not voted in another political party's primary | ||
for five or more years immediately preceding the date of his or her | ||
appointment. Each commission member shall have voted in two of the | ||
last three statewide general elections immediately preceding his or | ||
her application. (4) The term of office of each member of the | ||
commission expires upon the appointment of the first member of the | ||
succeeding commission. (5) Nine members of the commission shall | ||
constitute a quorum. Nine or more affirmative votes shall be | ||
required for any official action. The three final maps must be | ||
approved by at least nine affirmative votes which must include at | ||
least three votes of members registered from each of the two largest | ||
political parties in Texas based on the most recent general | ||
election results and three votes from members who have not voted in | ||
either of these two political parties' primaries. (6) Each | ||
commission member shall apply this article in a manner that is | ||
impartial and that reinforces public confidence in the integrity of | ||
the redistricting process. A commission member shall be ineligible | ||
for a period of 10 years beginning from the date of appointment to | ||
hold elective public office at the federal, state, or county level | ||
in Texas. A member of the commission shall be ineligible for a | ||
period of five years beginning from the date of appointment to hold | ||
appointive federal, state, or county public office, to serve as | ||
paid staff for the Legislature or any individual legislator or to | ||
register as a federal, state, or local lobbyist in this State. (d) | ||
The commission shall establish single-member districts for the | ||
United States Congress, Texas Senate, Texas House, and State Board | ||
of Education pursuant to a mapping process using the following | ||
criteria as set forth in the following order of priority: (1) | ||
Districts shall comply with the United States Constitution. U.S. | ||
Congress, Senate, House, and State Board of Education districts | ||
shall have reasonably equal population with other districts for the | ||
same office, except where deviation is required to comply with the | ||
federal Voting Rights Act or allowable by law. (2) Districts shall | ||
comply with the federal Voting Rights Act (42 U.S.C. Sec. 1971 and | ||
following). (3) Districts shall be geographically contiguous. (4) | ||
The geographic integrity of any city, county, city and county, | ||
neighborhood, or community of interest shall be respected to the | ||
extent possible without violating the requirements of any of the | ||
preceding subdivisions. Communities of interest shall not include | ||
relationships with political parties, incumbents, or political | ||
candidates. (5) To the extent practicable, and where this does not | ||
conflict with the criteria above, districts shall be drawn to | ||
encourage geographical compactness such that nearby areas of | ||
population are not bypassed for more distant population. (6) The | ||
place of residence of any incumbent or political candidate shall | ||
not be considered in the creation of a map. Districts shall not be | ||
drawn for the purpose of favoring or discriminating against an | ||
incumbent, political candidate, or political party. | ||
By January 1 in 2020, and in each year ending in the number zero | ||
thereafter, the State Auditor shall initiate an application | ||
process, open to all registered Texas voters in a manner that | ||
promotes a diverse and qualified applicant pool. (2) The State | ||
Auditor shall remove from the applicant pool individuals with | ||
conflicts of interest including: (A) Within the 10 years | ||
immediately preceding the date of application, neither the | ||
applicant, nor a member of his or her immediate family, may have | ||
done any of the following: (i) Been appointed to, elected to, or | ||
have been a candidate for federal or state office. (ii) 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. (iii) Served as an elected or appointed member of a | ||
political party central committee. (iv) Been a registered federal, | ||
state, or local lobbyist. (v) Served as paid congressional, | ||
legislative, or State Board of Education staff. (vi) Contributed | ||
two thousand dollars ($2,000) or more to any congressional, state, | ||
or local candidate for elective public office in any year, which | ||
shall be adjusted every 10 years by the cumulative change in the | ||
Texas Consumer Price Index, or its successor. (B) Staff and | ||
consultants to, persons under a contract with, and any person with | ||
an immediate family relationship with the Governor, a Member of the | ||
Legislature, a member of Congress, or a member of the State Board of | ||
Education, are not eligible to serve as commission members. As used | ||
in this subdivision, a member of a person's "immediate family" is | ||
one with whom the person has a bona fide relationship established | ||
through blood or legal relation, including parents, children, | ||
siblings, and in-laws. (b) The State Auditor shall establish an | ||
Applicant Review Panel, consisting of three qualified independent | ||
auditors, to screen applicants. The State Auditor shall randomly | ||
draw the names of three qualified independent auditors from a pool | ||
consisting of all auditors employed by the state and licensed by the | ||
Texas Board of Accountancy at the time of the drawing. The State | ||
Auditor shall draw until the names of three auditors have been drawn | ||
including one who is registered with the largest political party in | ||
Texas based on party registration, one who is registered with the | ||
second largest political party in Texas based on party | ||
registration, and one who is not registered with either of the two | ||
largest political parties in Texas. After the drawing, the State | ||
Auditor shall notify the three qualified independent auditors whose | ||
names have been drawn that they have been selected to serve on the | ||
panel. If any of the three qualified independent auditors decline | ||
to serve on the panel, the State Auditor shall resume the random | ||
drawing until three qualified independent auditors who meet the | ||
requirements of this subdivision have agreed to serve on the panel. | ||
A member of the panel shall be subject to the conflict of interest | ||
provisions set forth in paragraph (2) of subdivision (a). (c) | ||
Having removed individuals with conflicts of interest from the | ||
applicant pool, the State Auditor shall no later than August 1 in | ||
2020, and in each year ending in the number zero thereafter, | ||
publicize the names in the applicant pool and provide copies of | ||
their applications to the Applicant Review Panel. (d) From the | ||
applicant pool, the Applicant Review Panel shall select 60 of the | ||
most qualified applicants, including 20 who are registered with the | ||
largest political party in Texas based on registration, 20 who are | ||
registered with the second largest political party in Texas based | ||
on registration, and 20 who are not registered with either of the | ||
two largest political parties in Texas based on registration. | ||
These subpools shall be created on the basis of relevant analytical | ||
skills, ability to be impartial, and appreciation for Texas's | ||
diverse demographics and geography. The members of the panel shall | ||
not communicate with any State Board of Education member, Senator, | ||
House Member, congressional member, or their representatives, | ||
about any matter related to the nomination process or applicants | ||
prior to the presentation by the panel of the pool of recommended | ||
applicants to the Secretary of the Senate and the Chief Clerk of the | ||
House. (e) By October 1 in 2020, and in each year ending in the | ||
number zero thereafter, the Applicant Review Panel shall present | ||
its pool of recommended applicants to the Secretary of the Senate | ||
and the Chief Clerk of the House. No later than November 15 in 2020, | ||
and in each year ending in the number zero thereafter, the President | ||
pro Tempore of the Senate, the Minority Floor Leader of the Senate, | ||
the Speaker of the House, and the Minority Floor Leader of the House | ||
may each strike up to two applicants from each subpool of 20 for a | ||
total of eight possible strikes per subpool. After all legislative | ||
leaders have exercised their strikes, the Secretary of the Senate | ||
and the Chief Clerk of the House shall jointly present the pool of | ||
remaining names to the State Auditor. (f) No later than November 20 | ||
in 2020, and in each year ending in the number zero thereafter, the | ||
State Auditor shall randomly draw eight names from the remaining | ||
pool of applicants as follows: three from the remaining subpool of | ||
applicants registered with the largest political party in Texas | ||
based on registration, three from the remaining subpool of | ||
applicants registered with the second largest political party in | ||
Texas based on registration, and two from the remaining subpool of | ||
applicants who are not registered with either of the two largest | ||
political parties in Texas based on registration. These eight | ||
individuals shall serve on the Citizens Redistricting Commission. | ||
(g) No later than December 31 in 2020, and in each year ending in the | ||
number zero thereafter, the eight commissioners shall review the | ||
remaining names in the pool of applicants and appoint six | ||
applicants to the commission as follows: two from the remaining | ||
subpool of applicants registered with the largest political party | ||
in Texas based on registration, two from the remaining subpool of | ||
applicants registered with the second largest political party in | ||
Texas based on registration, and two from the remaining subpool of | ||
applicants who are not registered with either of the two largest | ||
political parties in Texas based on registration. The six | ||
appointees must be approved by at least five affirmative votes | ||
which must include at least two votes of commissioners registered | ||
from each of the two largest parties and one vote from a | ||
commissioner who is not affiliated with either of the two largest | ||
political parties in Texas. The six appointees shall be chosen to | ||
ensure the commission reflects this state's diversity, including, | ||
but not limited to, racial, ethnic, geographic, and gender | ||
diversity. However, it is not intended that formulas or specific | ||
ratios be applied for this purpose. Applicants shall also be chosen | ||
based on relevant analytical skills and ability to be impartial. | ||
Citizens Redistricting Commission Vacancy, Removal, Resignation, | ||
Absence. (a) In the event of substantial neglect of duty, gross | ||
misconduct in office, or inability to discharge the duties of | ||
office, a member of the commission may be removed by the Governor | ||
with the concurrence of two-thirds of the Members of the Senate | ||
after having been served written notice and provided with an | ||
opportunity for a response. A finding of substantial neglect of | ||
duty or gross misconduct in office may result in referral to the | ||
Attorney General for criminal prosecution or the appropriate | ||
administrative agency for investigation. (b) Any vacancy, whether | ||
created by removal, resignation, or absence, in the 14 commission | ||
positions shall be filled within the 30 days after the vacancy | ||
occurs, from the pool of applicants of the same voter registration | ||
category as the vacating nominee that was remaining as of November | ||
20 in the year in which that pool was established. If none of those | ||
remaining applicants are available for service, the State Auditor | ||
shall fill the vacancy from a new pool created for the same voter | ||
partisanship category. | ||
Citizens Redistricting Commission Compensation. Members of the | ||
commission shall be compensated at the rate of three hundred | ||
dollars ($300) for each day the member is engaged in commission | ||
business. For each succeeding commission, the rate of compensation | ||
shall be adjusted in each year ending in nine by the cumulative | ||
change in the Texas Consumer Price Index, or its successor. Members | ||
of the panel and the commission are eligible for reimbursement of | ||
personal expenses incurred in connection with the duties performed | ||
pursuant to this act. A member's residence is deemed to be the | ||
member's post of duty for purposes of reimbursement of expenses. | ||
Citizens Redistricting Commission Budget, Fiscal Oversight. (a) In | ||
2019, and in each year ending in nine thereafter, the Governor shall | ||
include in the Governor's Budget submitted to the Legislature | ||
pursuant to Section 12 of Article IV of the Texas Constitution | ||
amounts of funding for the State Auditor, the Citizens | ||
Redistricting Commission, and the Secretary of State that are | ||
sufficient to meet the estimated expenses of each of those officers | ||
or entities in implementing the redistricting process required by | ||
this act for a three-year period, including, but not limited to, | ||
adequate funding for a statewide outreach program to solicit broad | ||
public participation in the redistricting process. The Governor | ||
shall also make adequate office space available for the operation | ||
of the commission. The Legislature shall make the necessary | ||
appropriation in the Budget Act, and the appropriation shall be | ||
available during the entire three-year period. | ||
SECTION 2. Section 7a, Article V, Texas Constitution, is | ||
amended by amending Subsections (e) and (i) and adding Subsection | ||
(j) to read as follows: | ||
(e) 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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shall convene on September 1 of the same year to make a statewide | ||
reapportionment of the judicial districts not later than the 90th | ||
[ |
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make the reapportionment. | ||
(i) 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 section. Judicial districts smaller in size than the entire | ||
county may be created subsequent to a general election where 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." No redistricting | ||
plan may be proposed or adopted by the legislature, the Judicial | ||
Districts Board, or the Texas [ |
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Commission [ |
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of any county. | ||
(j) Until January 1, 2021, a reference in this section to | ||
the Texas Redistricting Commission means the Legislative | ||
Redistricting Board established under Article III, Section 28, of | ||
this constitution. This subsection expires January 1, 2021. | ||
SECTION 3. This proposed constitutional amendment shall be | ||
submitted to the voters at an election to be held November 7, 2017. | ||
The ballot shall be printed to permit voting for or against the | ||
following proposition: "The constitutional amendment establishing | ||
the Texas Redistricting Commission to redistrict the Texas | ||
Legislature and Texas congressional districts and revising | ||
procedures for redistricting." |