87R2842 JRJ-F
	By: Zaffirini	S.B. No. 590

	A BILL TO BE ENTITLED
	AN ACT
	relating to the establishment of the Texas 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. TEXAS 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 Texas Redistricting
	Commission.
	SUBCHAPTER B. POWERS AND DUTIES
	Sec. 581.051.  POWERS AND DUTIES OF COMMISSION. The
	commission has the sole responsibility to create districts for the
	election of members of the United States House of Representatives,
	the Texas House of Representatives, and the Texas Senate.
	SUBCHAPTER C. MEMBERSHIP
	Sec. 581.101.  ELIGIBILITY. (a)  Except as otherwise
	provided by this subchapter, a Texas voter who is older than 25
	years of age is eligible for membership on the commission.
	(b)  An applicant for appointment to the commission must
	submit an application to the secretary of state.
	(c)  An applicant for appointment by members of the
	legislature belonging to a political party must have voted in that
	party's previous four primary elections.  An applicant for
	appointment as an independent member may not have voted
	consecutively in the same political party's primary election during
	the previous three primary elections.
	(d)  An applicant is ineligible for membership on the
	commission if the applicant:
	(1)  holds a public office;
	(2)  has held a public office in the four years
	preceding appointment to the commission;
	(3)  is running for public office;
	(4)  is working under an elected official;
	(5)  is working for a political campaign for state or
	federal office; or
	(6)  is a registered state or federal lobbyist.
	(e)  A commission member may not:
	(1)  run for public office during the member's term;
	(2)  run for public office during the two years
	following the adoption of a redistricting plan by the commission;
	(3)  work under an elected official during the member's
	term;
	(4)  work for or contribute to a campaign for state or
	federal office during the member's term; or
	(5)  register as a state or federal lobbyist during the
	member's term.
	Sec. 581.102.  MEMBERSHIP AND TERMS. (a) The commission
	consists of nine members chosen from eligible applicants under
	Section 581.101.
	(b)  Eight members of the commission shall be appointed in a
	bipartisan manner by the legislature, as follows:
	(1)  two members are appointed by a majority vote of the
	members of the Texas House of Representatives belonging to the
	political party with the most members in the house of
	representatives;
	(2)  two members are appointed by a majority vote of the
	members of the Texas House of Representatives belonging to the
	political party with the second highest number of members in the
	house of representatives;
	(3)  two members are appointed by a majority vote of the
	members of the Texas Senate belonging to the political party with
	the most members in the senate; and
	(4)  two members are appointed by a majority vote of the
	members of the Texas Senate belonging to the political party with
	the second highest number of members in the senate.
	(c)  The ninth member of the commission shall be chosen from
	among the independent applicants by the eight members appointed by
	the legislature.  The appointment requires at least five votes and
	shall be made not later than the 30th day after the commission
	convenes.  The ninth member serves as a nonvoting presiding
	officer, except that the member shall vote to break any tie vote on
	the final adoption of a redistricting plan.
	(d)  At least one member of the commission chosen by members
	of each chamber of the legislature must reside in a county that is
	not part of a metropolitan statistical area as defined by the United
	States Office of Management and Budget.
	(e)  Commission members serve three-year terms that begin on
	February 1 of the year following the census year. The commission may
	vote to:
	(1)  terminate their terms early and dissolve following
	the adoption of all redistricting plans; or
	(2)  extend their terms as necessary to fulfill the
	commission's obligations under the constitution.
	(f)  The commission shall convene on February 1 of the year
	following the census year and at other times necessary to fulfill
	its obligations under the constitution.
	(g)  Vacancies on the commission shall be filled not later
	than the 20th day after the vacancy occurs in the same manner as the
	vacated position is filled under Subsections (b) and (c).
	(h)  If the appointments under Subsection (b) are not made by
	February 1 of the year following the census year, the caucus of the
	political party whose members are responsible for the appointment
	shall appoint the commission member not later than February 11. If
	the commission fails to appoint its presiding officer when
	required, the supreme court shall make the appointment not later
	than February 11.
	(i)  Members of the commission must take a constitutional
	oath of office.
	SUBCHAPTER D. OPERATION OF THE COMMISSION
	Sec. 581.151.  FUNDING AND RESOURCES. (a) The legislature
	shall appropriate sufficient money for the compensation and payment
	of the expenses of 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 to perform the commission's duties.
	(c)  The Texas Legislative Council shall provide the
	technical staff and clerical services that the commission needs to
	prepare redistricting plans.
	(d)  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. 581.152.  PROCEDURE. (a) The commission shall adopt
	its own procedural rules.  The adoption of a final redistricting
	plan by the commission requires at least five votes.
	(b)  The commission shall adopt each redistricting plan not
	later than November 15 of the year following the census year.
	(c)  If the commission does not adopt a plan before November
	15 of the year following the census year, the Texas Supreme Court
	shall adopt a plan not later than December 30.
	(d)  The commission shall submit each adopted redistricting
	plan to the governor, the secretary of state, and the presiding
	officer of each chamber of the legislature.
	Sec. 581.153.  CHALLENGES TO A PLAN. (a) After a
	redistricting plan has been adopted by the commission or the Texas
	Supreme Court, any aggrieved person may file a petition with the
	Texas Supreme Court to challenge the plan.
	(b)  If the final judgment of a state or federal court
	invalidates all or part of a redistricting plan or otherwise makes
	it unenforceable, the commission shall reconvene to modify and
	adopt a new plan before January 31 of the next year.
	(c)  The commission may reconvene on the motion of at least
	four members filed with the secretary of state any time after a
	redistricting plan has been adopted to modify the plan and at other
	times necessary to fulfill its obligations under the constitution.
	Sec. 581.154.  PLAN REQUIREMENTS. To the extent practicable
	to comply with federal law, redistricting plans adopted by the
	commission must be composed of:
	(1)  districts contiguous with one another;
	(2)  districts of nearly equal population; and
	(3)  districts that are compact and convenient, and
	separated from adjoining districts by natural geographic barriers,
	artificial barriers, or political subdivision boundaries.
	Sec. 581.155.  PLAN REPORT. (a)  Each redistricting plan the
	commission adopts must include a report, given to the secretary of
	state, that includes:
	(1)  the total population of each district with its
	deviation from the average district population;
	(2)  an explanation of the criteria used for the
	redistricting plan, with a justification of the deviation from the
	average district population for each district;
	(3)  a map for each district;
	(4)  a financial statement disclosing all expenditures
	made by the commission; and
	(5)  relevant information developed by the commission
	in carrying out its duties, including maps, data, meeting minutes,
	written communications, and other information.
	(b)  The secretary of state shall make a copy of the report
	available to the public.
	SECTION 3.  (a) Except as otherwise provided by Subsection
	(b) of this section, this Act takes effect January 1, 2030.
	(b)  This Act takes effect only if the constitutional
	amendment proposed by the 87th Legislature, Regular Session, 2021,
	establishing the Texas Redistricting Commission to redistrict the
	United States House of Representatives and the Texas Legislature is
	approved by the voters. If that proposed constitutional amendment
	is not approved by the voters, this Act has no effect.