Bill Text: TX SJR11 | 2025-2026 | 89th 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) 2024-11-12 - Filed [SJR11 Detail]
Download: Texas-2025-SJR11-Introduced.html
By: Menéndez | S.J.R. No. 11 | |
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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 Sections 28a, 28b, and 28c to read as follows: | ||
Sec. 28a. (a) In the year following a year in which the | ||
United States decennial census is taken, the Texas Redistricting | ||
Commission described by Section 28b of this article shall adjust | ||
the boundary lines of the districts for the election of the members | ||
of the United States House of Representatives elected from this | ||
state, the members of the Texas Senate, and the members of the Texas | ||
House of Representatives in accordance with the standards and | ||
process provided by Section 28b of this article. | ||
(b) Districts described by Subsection (a) of this section | ||
must be single-member districts, each entitled to elect one member | ||
of the United States House of Representatives, the Texas Senate, or | ||
the Texas House of Representatives, as applicable. | ||
Sec. 28b. (a) In this section: | ||
(1) "Census year" means a calendar year in which the | ||
United States decennial census is taken. | ||
(2) "Commission" means the Texas Redistricting | ||
Commission. | ||
(3) "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. | ||
(4) "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. | ||
(5) "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. | ||
(b) Not later than December 31 of each census year, the | ||
members of the Texas Redistricting Commission shall be appointed | ||
and the commission shall commence the redistricting process for the | ||
districts described by Section 28a(a) of this article in connection | ||
with the census taken that year. | ||
(c) The commission members shall: | ||
(1) conduct an open and transparent process enabling | ||
full public consideration of, and comment on, the drawing of | ||
district boundaries; | ||
(2) draw district boundaries according to the | ||
redistricting criteria specified in this section; and | ||
(3) conduct themselves with integrity and fairness. | ||
(d) 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. | ||
(e) The commission consists of 14 members as follows: | ||
(1) five majority party members, each of whom: | ||
(A) voted in at least three of the four statewide | ||
primary elections 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 each of the four 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 three of the four statewide | ||
primary elections 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 each of the four 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 of the four statewide | ||
primary elections preceding the member's appointment; and | ||
(B) voted in each of the four general elections | ||
preceding the member's appointment in which the office of governor | ||
or President of the United States appeared on the ballot. | ||
(f) The term of office of each commission member expires at | ||
the time the first commission member is appointed in the next census | ||
year. | ||
(g) 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 Subsection (e) of this section. | ||
(h) Each commission member shall apply this section and | ||
Sections 28a and 28c of this article in a manner that is impartial | ||
and that reinforces public confidence in the integrity of the | ||
redistricting process. | ||
(i) A commission member is ineligible for a period of 10 | ||
years beginning on the date of appointment to hold a federal, | ||
state, county, or municipal 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. | ||
(j) The commission shall establish districts described by | ||
Section 28a(a) of this article through a mapping process using the | ||
following criteria in the following order of priority: | ||
(1) all districts must comply with the United States | ||
Constitution; | ||
(2) districts for the election of members of the | ||
United States House of Representatives must achieve population | ||
equality as nearly as is practicable; | ||
(3) districts for the election of members of the Texas | ||
Senate and Texas House of Representatives must have reasonably | ||
equal population with other districts for the same office except | ||
where deviation is required to comply with the Voting Rights Act of | ||
1965 (52 U.S.C. Section 10101 et seq.) or is allowable by law; | ||
(4) all districts must comply with the Voting Rights | ||
Act of 1965 (52 U.S.C. Section 10101 et seq.); | ||
(5) all districts must be geographically contiguous; | ||
(6) 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 of this subsection; and | ||
(7) to the extent practicable and to the extent that | ||
compliance with this subdivision does not preclude compliance with | ||
any of the preceding subdivisions of this subsection, districts | ||
must be drawn to encourage geographical compactness so that nearby | ||
areas of population are not bypassed for more distant population. | ||
(k) For purposes of Subsection (j)(6) of this section, 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. Examples of shared social and economic | ||
interests are those interests common to an urban area, a rural area, | ||
an industrial area, or an agricultural area and those interests | ||
common to areas in which the people share similar living standards, | ||
use the same transportation facilities, have similar work | ||
opportunities, or have access to the same media of communication | ||
relevant to the election process. Communities of interest may not | ||
be determined based on relationships with political parties, | ||
incumbents, or political candidates. | ||
(l) 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. | ||
(m) To the extent practicable, districts should be numbered | ||
based on geography. Districts bordering Arkansas should be assigned | ||
the lowest district numbers, with districts to the west and south | ||
assigned progressively higher district numbers. | ||
(n) Not later than August 15 of each year following a census | ||
year, the commission shall approve final maps that separately set | ||
forth the boundary lines of the districts for the election of the | ||
members of the United States House of Representatives elected from | ||
this state, the members of the Texas Senate, and the members of the | ||
Texas House of Representatives. On approval, the commission shall | ||
certify each final map to the secretary of state. | ||
(o) The commission shall issue, with each of the three final | ||
maps, a report that explains the basis on which the commission made | ||
its decisions in achieving compliance with the criteria listed in | ||
Subsection (j) of this section and shall include definitions of the | ||
terms and standards used in drawing each final map. | ||
(p) 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 Texas 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 (j), (k), (l), and (m) of this section. 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. | ||
(q) 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. | ||
(r) The legislature shall appropriate to the state auditor | ||
and the commission amounts sufficient to implement the | ||
redistricting process required by this section, Sections 28a and | ||
28c of this article, and general law. The amounts appropriated must | ||
provide adequate funding for a statewide outreach program to | ||
solicit broad public participation in the redistricting process, | ||
including the solicitation of applicants for commission | ||
membership, and provide adequate funding for office and meeting | ||
space for the commission's operations. | ||
(s) Consistent with this section and Sections 28a and 28c of | ||
this article, the legislature by general law shall provide | ||
procedures for selecting the members of the commission and may | ||
provide provisions governing the powers, duties, and operations of | ||
the commission. After enactment, the legislature may not | ||
subsequently amend that general law unless: | ||
(1) by the same vote required for the adoption of a | ||
final map, the commission recommends amendment of that general law | ||
to carry out the purpose and intent of this section and Sections 28a | ||
and 28c of this article; | ||
(2) the bill to enact the amendment is approved by a | ||
vote of at least two-thirds of all the members elected to each house | ||
of the legislature and becomes law in a manner described by Section | ||
14, Article IV, of this constitution; | ||
(3) the bill to enact the amendment is printed and | ||
distributed in each house of the legislature at least 12 days before | ||
final passage by the legislature; | ||
(4) the amendment furthers the purposes of this | ||
section and Sections 28a and 28c of this article; and | ||
(5) the amendment is passed by the legislature in a | ||
year not ending in the numeral 9, 0, or 1. | ||
Sec. 28c. (a) The Texas Redistricting Commission has sole | ||
standing to defend a legal challenge to a final map certified under | ||
Section 28b of this article. The legislature shall 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. | ||
(b) The Texas Supreme Court has original and exclusive | ||
jurisdiction in all proceedings in which a certified final map is | ||
challenged or is claimed not to have taken timely effect. | ||
(c) 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 this constitution, the United States | ||
Constitution, or any federal or state statute. | ||
(d) The Texas Supreme Court shall give priority to ruling on | ||
a petition for a writ of mandamus or a writ of prohibition filed | ||
under Subsection (c) of this section. If the supreme court | ||
determines that a final certified map violates this 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 28b(p) of | ||
this article. | ||
SECTION 2. Section 7a, Article V, Texas Constitution, is | ||
amended by amending Subsections (e) and (i) 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 28b [ |
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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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Redistricting Commission [ |
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by the voters of any county. | ||
SECTION 3. Sections 25, 26, and 28, Article III, Texas | ||
Constitution, are repealed. | ||
SECTION 4. The following temporary provision is added to | ||
the Texas Constitution: | ||
TEMPORARY PROVISION. (a) This temporary provision applies to | ||
the constitutional amendment proposed by the 89th Legislature, | ||
Regular Session, 2025, establishing the Texas Redistricting | ||
Commission to redistrict the Texas Legislature and Texas | ||
congressional districts and revising procedures for redistricting. | ||
(b) On January 1, 2029: | ||
(1) Sections 28a, 28b, and 28c, Article III, of this | ||
constitution take effect; | ||
(2) the amendments to Section 7a, Article V, of this | ||
constitution take effect; | ||
(3) Sections 25, 26, and 28, Article III, of this | ||
constitution are repealed; and | ||
(4) the Legislative Redistricting Board is abolished. | ||
(c) This temporary provision expires January 1, 2030. | ||
SECTION 5. This proposed constitutional amendment shall be | ||
submitted to the voters at an election to be held November 7, 2025. | ||
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." |