Bill Text: TX SJR8 | 2021 | 87th Legislature 3rd Special Session | Introduced


Bill Title: Proposing a constitutional amendment establishing an independent redistricting commission to establish districts for the election of the members of the United States House of Representatives elected from this state, the Texas Senate, and the Texas House of Representatives.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-09-20 - Filed [SJR8 Detail]

Download: Texas-2021-SJR8-Introduced.html
  87S30026 BEF-D
 
  By: Johnson S.J.R. No. 8
 
 
 
A JOINT RESOLUTION
  proposing a constitutional amendment establishing an independent
  redistricting commission to establish districts for the election of
  the members of the United States House of Representatives elected
  from this state, the Texas Senate, and the Texas House of
  Representatives.
         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 independent redistricting commission under
  Article XVIII of this constitution exercises the legislative
  authority of this state to adopt redistricting plans for the
  election of members of the United States House of Representatives
  elected from this state, the Texas House of Representatives, and
  the Texas Senate.  Districts for those legislative bodies may not be
  established or changed except as provided by that article.
         SECTION 2.  Sections 7a(e) and (i), Article V, Texas
  Constitution, are amended 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 independent redistricting commission [Legislative
  Redistricting Board] established by Article XVIII [III, Section
  28,] of this constitution shall convene on September 1 of the same
  year to 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.
         (i)  The legislature, the Judicial Districts Board, or the
  independent redistricting commission [Legislative Redistricting
  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 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 independent redistricting
  commission [Legislative Redistricting Board] in anticipation of a
  future action by the voters of any county.
         SECTION 3.  The Texas Constitution is amended by adding
  Article XVIII to read as follows:
  ARTICLE XVIII. INDEPENDENT REDISTRICTING COMMISSION
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 1.  DEFINITIONS. In this article: 
               (1)  "Commission" means the independent redistricting
  commission established under this article.
               (2)  "Nonpartisan agency" means the agency designated
  or established under Part 1, Subchapter E, of this article.
               (3)  "Redistricting plan" means a plan that establishes
  the boundaries of districts used for the election of the members of,
  as applicable:
                     (A)  the United States House of Representatives
  elected from this state;
                     (B)  the Texas Senate; or
                     (C)  the Texas House of Representatives.
               (4)  "Select committee" means the committee appointed
  under Part 2, Subchapter E, of this article.
               (5)  "Selection pool" means the approved selection pool
  under Part 2, Subchapter C, of this article.
  SUBCHAPTER B. COMMISSION
  PART 1. APPOINTMENT OF MEMBERS
         Sec. 2.  APPOINTMENT. (a)  The nonpartisan agency shall
  establish an independent redistricting commission for this state
  consisting of 15 members appointed under this section.
         (b)  Not later than October 1 of a year ending in the numeral
  zero, the nonpartisan agency shall, at a public meeting held at
  least 15 days after notice of the meeting is given to the public,
  appoint the following six commission members:
               (1)  two members chosen at random from the majority
  category of the selection pool;
               (2)  two members chosen at random from the minority
  category of the selection pool; and
               (3)  two members chosen at random from the independent
  category of the selection pool.
         (c)  Not later than November 15 of a year ending in the
  numeral zero, the commission members appointed under Subsection (b)
  of this section shall, at a public meeting held at least 15 days
  after notice of the meeting is given to the public, appoint the
  following nine commission members:
               (1)  three members selected from the majority category
  of the selection pool; 
               (2)  three members selected from the minority category
  of the selection pool; and
               (3)  three members selected from the independent
  category of the selection pool.
         Sec. 3.  RULES FOR APPOINTMENT OF CERTAIN MEMBERS. (a)  The
  appointment of a commission member under Section 2(c) or 5(b) of
  this article and the selection of an alternate member under Section
  4(b) of this article requires the affirmative vote of at least four
  of the members appointed under Section 2(b) of this article,
  including at least one member chosen from each category of the
  selection pool.
         (b)  In appointing commission members under Section 2(c) or
  5(b) of this article and selecting alternate members under Section
  4(b) of this article, the commission members appointed under
  Section 2(b) of this article shall ensure that the membership of the
  commission:
               (1)  is representative of the demographic groups,
  including racial, ethnic, economic, and gender groups, and
  geographic regions of this state; and
               (2)  provides racial, ethnic, and language minorities
  protected under the Voting Rights Act of 1965 (52 U.S.C. Section
  10301 et seq.) with a meaningful opportunity to participate in the
  development of this state's redistricting plans.
         Sec. 4.  DESIGNATION OF ALTERNATE MEMBERS. (a)  When the
  nonpartisan agency appoints commission members under Section 2(b)
  of this article, the agency shall choose at random two other
  individuals from each category of the selection pool to serve as
  alternate members.
         (b)  When the commission members appointed under Section
  2(b) of this article appoint the remaining commission members under
  Section 2(c) of this article, the members appointed under Section
  2(b) shall select two other individuals from each category of the
  selection pool to serve as alternate members.
         Sec. 5.  APPOINTMENT OF ALTERNATE MEMBERS TO FILL VACANCIES.
  (a)  If a commission member appointed under Section 2(b) of this
  article vacates the member's position, the nonpartisan agency shall
  choose at random one of the alternate members under Section 4(a) of
  this article to fill the vacancy from the same category of the
  selection pool as the vacating member.  The agency shall also choose
  at random another individual from the same category of the
  selection pool to replace the alternate member.
         (b)  If a member appointed under Section 2(c) of this article
  vacates the member's position, the members appointed under Section
  2(b) of this article shall select one of the alternate members under
  Section 4(b) of this article to fill the vacancy from the same
  category of the selection pool as the vacating member. The members
  appointed under Section 2(b) shall also select another individual
  from the same category of the selection pool to replace the
  alternate member.
         Sec. 6.  REMOVAL OF COMMISSION MEMBER. A commission member
  may be removed by a majority vote of the remaining commission
  members if it is shown by a preponderance of the evidence that the
  person is not eligible to serve on the commission under Part 1,
  Subchapter C, of this article.
  PART 2. PROCEDURES FOR CONDUCTING COMMISSION BUSINESS
         Sec. 7.  CHAIR. The commission members shall select by
  majority vote one member who was appointed from the independent
  category of the selection pool to serve as chair of the commission.  
  The commission may not take any action to develop a redistricting
  plan for this state under Subchapter D of this article before the
  appointment of the chair.
         Sec. 8.  VOTE REQUIRED FOR CERTAIN ACTIONS. The commission
  may not publish and disseminate any draft or final redistricting
  plan, or take any other action, without the approval of at least:
               (1)  a majority of the members of the commission; and
               (2)  one commission member from each category of the
  selection pool.
         Sec. 9.  QUORUM. A majority of the members of the commission
  constitutes a quorum.
  PART 3. STAFF; CONTRACTORS
         Sec. 10.  COMMISSION STAFF. The commission shall appoint
  and set the pay of technical experts, legal counsel, consultants,
  and other staff the commission considers appropriate, subject to
  general law.  The application process must be public and all
  application materials must be made available for public inspection.
         Sec. 11.  CONTRACTORS. The commission may enter into
  contracts with vendors as the commission considers appropriate,
  subject to general law.  A contract must be approved by a majority
  vote of the commission members, including at least one member from
  each category of the selection pool.
         Sec. 12.  REPORTS REGARDING POLITICAL EXPENDITURES. (a)  
  Each individual who applies for a position as an employee of the
  commission and each vendor who applies for a contract with the
  commission shall, at the time of application, file with the
  commission a report summarizing:
               (1)  any expenditure for political activity made by the
  individual or vendor during the 10 most recent calendar years; and
               (2)  any income received by the individual or vendor
  during the 10 most recent calendar years that is attributable to an
  expenditure for political activity.
         (b)  Each employee or vendor of the commission shall, not
  later than the first anniversary of becoming an employee or vendor,
  file with the commission a report summarizing the expenditures and
  income described by Subsection (a) of this section during the 10
  most recent calendar years.  The employee or vendor shall file a
  subsequent report for each year during any part of which the person
  serves as an employee or a vendor.
         (c)  In this section, "expenditure for political activity"
  means a disbursement for:
               (1)  an independent expenditure, as defined by Section
  301(17) of the Federal Election Campaign Act of 1971 (52 U.S.C.
  Section 30101(17));
               (2)  an electioneering communication, as defined by
  Section 304(f)(3) of the Federal Election Campaign Act of 1971 (52
  U.S.C. Section 30104(f)(3)), or any other public communication, as
  defined by Section 301(22) of that Act (52 U.S.C. Section
  30101(22)), that would be an electioneering communication if it
  were a broadcast, cable, or satellite communication; or
               (3)  any dues or other payments to a trade association
  or organization exempt from tax under Section 501(a) of the
  Internal Revenue Code of 1986 by reason of being listed under
  Section 501(c) of that code that are, or could reasonably be
  anticipated to be, used or transferred to another association or
  organization for a use described by Section 501(c)(1), (2), or (3)
  of that code.
         Sec. 13.  GOAL OF IMPARTIALITY. The commission shall take
  appropriate steps to ensure that any staff appointed under this
  part and any vendor with whom the commission enters into a contract
  under this part will work in an impartial manner.  The commission
  may require an applicant for a staff position or contract to provide
  information on the person's history of political activity beyond
  the information required in the reports under Section 12 of this
  article, including donations to candidates, political committees,
  and political parties.
         Sec. 14.  DISQUALIFICATION; WAIVER.  (a)  The commission may
  not appoint an individual as an employee or enter into a contract
  with a vendor if the individual or vendor would be disqualified from
  serving as a commission member under Section 18 of this article.
         (b)  The commission may by unanimous vote of its members
  waive the application of Subsection (a) of this section to an
  individual or a vendor after receiving and reviewing the person's
  report under Section 12 of this article.
  PART 4. TERMINATION OF COMMISSION
         Sec. 15.  TERMINATION. The terms of commission members
  expire on the earlier of:
               (1)  June 14 of the year ending in the numeral zero
  following appointment; or
               (2)  the day on which the nonpartisan agency submits a
  selection pool to the select committee under Section 21 of this
  article.
         Sec. 16.  PRESERVATION OF RECORDS. The legislature shall
  ensure that the records of the commission are retained in an
  appropriate state archive that allows this state to respond to any
  civil action brought with respect to congressional redistricting in
  this state.
  SUBCHAPTER C. ESTABLISHMENT OF SELECTION POOL
  PART 1. CRITERIA FOR ELIGIBILITY
         Sec. 17.  ELIGIBILITY. An individual is eligible to serve as
  a commission member if:
               (1)  on the date of appointment, the individual is
  registered to vote in elections for federal office held in this
  state;
               (2)  during the three years preceding the date of
  appointment, the individual has been a member of only one political
  party or has not been a member of any political party; and
               (3)  the individual submits to the nonpartisan agency,
  at a time and in a form required by the agency, an application for
  inclusion in the selection pool under this subchapter and includes
  with the application a written statement, with an attestation under
  penalty of perjury, containing the following information and
  assurances:
                     (A)  the individual's full current name, all of
  the individual's former names, and the individual's contact
  information including electronic mail address, residence address,
  mailing address, and telephone numbers;
                     (B)  the individual's race, ethnicity, gender,
  age, date of birth, and household income for the most recent taxable
  year;
                     (C)  the political party with which the individual
  is affiliated, if any;
                     (D)  the reasons the individual desires to serve
  as a member of the commission, the individual's qualifications, and
  information relevant to the individual's ability to be fair and
  impartial including:
                           (i)  any involvement with, or financial
  support of, a professional, social, political, religious, or
  community organization or cause; and
                           (ii)  the individual's employment and
  educational history;
                     (E)  an assurance that the individual will commit
  to carrying out the individual's duties under this article in an
  honest, independent, and impartial fashion and upholding public
  confidence in the integrity of the redistricting process; and
                     (F)  an assurance that, during the covered periods
  described by Section 19 of this article, the individual has not
  taken and will not take any action that would disqualify the
  individual from serving as a commission member under Section 18 of
  this article.
         Sec. 18.  DISQUALIFICATIONS. An individual is not eligible
  to serve as a commission member if, during any of the covered
  periods described by Section 19 of this article:
               (1)  the individual or, in the case of the covered
  periods described by Sections 19(1) and (2) of this article, an
  immediate family member of the individual holds public office or is
  a candidate for election to public office;
               (2)  the individual or, in the case of the covered
  periods described by Sections 19(1) and (2) of this article, an
  immediate family member of the individual, serves as an officer of a
  political party or as an officer, employee, or paid consultant of a
  campaign committee of a candidate for public office or of any
  political action committee, as determined under general law;
               (3)  the individual or, in the case of the covered
  periods described by Sections 19(1) and (2) of this article, an
  immediate family member of the individual, holds a position as a
  registered lobbyist under the Lobbying Disclosure Act of 1995 (2
  U.S.C. Section 1601 et seq.) or an equivalent state or local law;
               (4)  the individual or, in the case of the covered
  periods described by Sections 19(1) and (2) of this article, an
  immediate family member of the individual, is an employee of an
  elected public official, a contractor with this state, or a donor to
  the campaign of any candidate for public office or to any political
  action committee, other than a donor who, during any of the covered
  periods, gives an aggregate amount of $1,000 or less to the
  campaigns of all candidates for all public offices and to all
  political action committees;
               (5)  the individual paid a civil penalty or criminal
  fine or was sentenced to a term of imprisonment for violating any
  provision of the Federal Election Campaign Act of 1971 (52 U.S.C.
  Section 30101 et seq.); or
               (6)  the individual or, in the case of the covered
  periods described by Sections 19(1) and (2) of this article, an
  immediate family member of the individual, is an agent of a foreign
  principal under the Foreign Agents Registration Act of 1938 (22
  U.S.C. Section 611 et seq.).
         Sec. 19.  COVERED PERIODS. In this part, "covered period"
  means, with respect to the appointment of a commission member:
               (1)  the 10-year period preceding the date of the
  member's appointment;
               (2)  the period beginning on the date of the
  individual's appointment and ending on August 14 of the next year
  ending in the numeral one; and
               (3)  the 10-year period beginning on the day after the
  last day of the period described by Subdivision (2) of this section.
         Sec. 20.  IMMEDIATE FAMILY MEMBER. In this part, "immediate
  family member" means, with respect to an individual, a father,
  stepfather, mother, stepmother, son, stepson, daughter,
  stepdaughter, brother, stepbrother, sister, stepsister, husband,
  wife, father-in-law, or mother-in-law.
  PART 2. DEVELOPMENT AND SUBMISSION OF SELECTION POOL
         Sec. 21.  SELECTION POOL. Not later than June 15 of each
  year ending in the numeral zero, the nonpartisan agency shall
  develop and submit to the select committee a selection pool of 36
  individuals who are eligible to serve as commission members. The
  selection pool must include:
               (1)  a majority category with 12 individuals who are
  affiliated with the political party whose candidate received the
  most votes in the most recent statewide election for federal office
  held in this state;
               (2)  a minority category with 12 individuals who are
  affiliated with the political party whose candidate received the
  second most votes in the most recent statewide election for federal
  office held in this state; and
               (3)  an independent category with 12 individuals who
  are not affiliated with either political party described by
  Subdivisions (1) and (2) of this section.
         Sec. 22.  FACTORS CONSIDERED IN DEVELOPING POOL. In
  selecting individuals for the selection pool under this part, the
  nonpartisan agency shall:
               (1)  ensure that the pool:
                     (A)  is representative of the demographic groups,
  including racial, ethnic, economic, and gender groups, and
  geographic regions of this state; and
                     (B)  includes applicants who would allow racial,
  ethnic, and language minorities protected under the Voting Rights
  Act of 1965 (52 U.S.C. Section 10301 et seq.) a meaningful
  opportunity to participate in the development of this state's
  redistricting plans; and
               (2)  take into consideration the analytical skills of
  the individuals selected in relevant fields, including mapping,
  data management, law, community outreach, demography, and the
  geography of this state, and their ability to work on an impartial
  basis.
         Sec. 23.  INTERVIEWS OF APPLICANTS. To assist the
  nonpartisan agency in developing the selection pool under this
  part, the nonpartisan agency shall conduct interviews of applicants
  under oath.  If an individual is included in a selection pool
  developed under this subchapter, all of the interviews of the
  individual shall be transcribed and the transcriptions made
  available on the nonpartisan agency's public Internet website at
  the same time the report under Section 26 of this article is
  released.
         Sec. 24.  POLITICAL PARTY AFFILIATION OF SELECTION POOL
  MEMBERS. For purposes of this subchapter, an individual is
  considered to be affiliated with a political party only if the
  nonpartisan agency is able to verify, to the greatest extent
  possible, the information the individual provides in the
  application submitted under Section 17(3) of this article,
  including by considering additional information provided by other
  persons with knowledge of the individual's history of political
  activity.
         Sec. 25.  ENCOURAGING APPLICATIONS FOR POOL. The
  nonpartisan agency shall take steps necessary to ensure that
  residents of the state across various geographic regions and
  demographic groups are aware of the opportunity to serve as
  commission members, including publicizing the role of the
  commission and using newspapers, broadcast media, online sources,
  and ethnic media, to encourage individuals to apply for inclusion
  in the selection pool developed under this part.
         Sec. 26.  REPORT ON ESTABLISHMENT OF POOL. At the time the
  nonpartisan agency submits the selection pool to the select
  committee under Section 21 of this article, the nonpartisan agency
  shall publish and post on the agency's public Internet website a
  report describing the process by which the pool was developed,
  including a description of how the individuals in the pool meet the
  eligibility criteria of Part 1 of this subchapter and how the pool
  reflects the factors the agency is required to take into
  consideration under Section 22 of this article.
         Sec. 27.  PUBLIC COMMENT ON POOL. During the 14 days after
  the nonpartisan agency publishes the report under Section 26 of
  this article, the agency shall accept comments from the public on
  the individuals included in the selection pool.  The agency shall
  post all comments on the agency's public Internet website as soon as
  practicable after receipt and shall transmit them to the select
  committee at the end of the comment period.
         Sec. 28.  ACTION BY SELECT COMMITTEE. (a)  The select
  committee shall, 15 to 21 days after receiving the selection pool
  from the nonpartisan agency under Section 21 of this article:
               (1)  approve the pool as submitted by the nonpartisan
  agency, in which case the pool becomes the approved selection pool
  for purposes of Section 2 of this article; or
               (2)  reject the pool, in which case the nonpartisan
  agency shall develop and submit a new selection pool as provided by
  Part 3 of this subchapter.
         (b)  If the select committee fails to approve or reject the
  pool by the deadline provided by Subsection (a) of this section, the
  pool is considered rejected under Subsection (a)(2) of this
  section.
  PART 3. REPLACEMENT SELECTION POOL
         Sec. 29.  REPLACEMENT POOL. If the select committee rejects
  the selection pool submitted by the nonpartisan agency under Part 2
  of this subchapter, the nonpartisan agency shall, not later than 14
  days after the rejection, develop and submit to the select
  committee a replacement selection pool in the same manner provided
  for the development and submission of the selection pool under
  Sections 21 through 27 of this article.  The replacement pool
  submitted under this section may include individuals who were
  included in the rejected selection pool submitted under Part 2 of
  this subchapter if at least one individual in the replacement pool
  was not included in the rejected pool.
         Sec. 30.  ACTION BY SELECT COMMITTEE. (a)  Not later than 21
  days after receiving the replacement selection pool from the
  nonpartisan agency under Section 29 of this article, the select
  committee shall:
               (1)  approve the pool as submitted by the nonpartisan
  agency, in which case the pool becomes the approved selection pool
  for purposes of Section 2 of this article; or
               (2)  reject the pool, in which case the nonpartisan
  agency shall develop and submit a second replacement selection pool
  as provided by Part 4 of this subchapter.
         (b)  If the select committee fails to approve or reject the
  pool by the deadline provided by Subsection (a) of this section, the
  pool is considered rejected under Subsection (a)(2) of this
  section.
  PART 4. SECOND REPLACEMENT SELECTION POOL
         Sec. 31.  SECOND REPLACEMENT POOL. If the select committee
  rejects the replacement selection pool submitted by the nonpartisan
  agency under Part 3 of this subchapter, the nonpartisan agency
  shall, not later than 14 days after the rejection, develop and
  submit to the select committee a second replacement selection pool,
  in the same manner provided for the development and submission of
  the selection pool under Sections 21 through 27 of this article.  
  The second replacement selection pool submitted under this section
  may include individuals who were included in the rejected selection
  pool under Part 2 of this subchapter or the rejected replacement
  selection pool under Part 3 of this subchapter if at least one
  individual in the second replacement pool was not included in
  either rejected pool.
         Sec. 32.  ACTION BY SELECT COMMITTEE. (a)  On the 14th or
  15th day after receiving the second replacement selection pool from
  the nonpartisan agency under Section 31 of this article, the select
  committee shall:
               (1)  approve the pool as submitted by the nonpartisan
  agency, in which case the pool becomes the approved selection pool
  for purposes of Section 2 of this article; or
               (2)  reject the pool.
         (b)  If the select committee fails to approve or reject the
  pool by the deadline provided by Subsection (a) of this section, the
  pool is considered rejected under Subsection (a)(2) of this
  section.
         (c)  If the select committee rejects the second replacement
  pool under Section 31 of this article, this state shall petition:
               (1)  a federal court to order a remedial redistricting
  plan for the election of members of congress; and
               (2)  a state or federal court to order a remedial
  redistricting plan for the election of members of the Texas Senate
  and Texas House of Representatives.
  SUBCHAPTER D. CRITERIA FOR REDISTRICTING PLAN; PUBLIC NOTICE AND
  INPUT
  PART 1. DEVELOPMENT OF REDISTRICTING PLAN
         Sec. 33.  CRITERIA. (a)  A redistricting plan shall
  establish single-member districts using the following criteria in
  the following order of priority:
               (1)  districts shall comply with the United States
  Constitution, including the requirement that districts equalize
  total population;
               (2)  districts shall comply with the Voting Rights Act
  of 1965 (52 U.S.C. Section 10301 et seq.) and all applicable federal
  laws;
               (3)  districts for the election of members of the Texas
  Senate or Texas House of Representatives shall comply with all
  applicable laws of this state;
               (4)  districts shall provide racial, ethnic, and
  language minorities with an equal opportunity to participate in the
  political process and to elect candidates of choice and may not
  dilute or diminish their ability to elect candidates of choice
  whether alone or in coalition with others; and
               (5)  districts shall respect communities of interest,
  neighborhoods, and political subdivisions to the extent
  practicable and after compliance with the requirements of
  Subdivisions (1) through (4).
         (b)  In this section, "community of interest" means an area
  with recognized similarities of interests, including ethnic,
  racial, economic, tribal, social, cultural, geographic or historic
  identities. The term may, in certain circumstances, include
  political subdivisions such as counties, municipalities, tribal
  lands and reservations, or school districts.  The term does not
  include common relationships with political parties or political
  candidates.
         Sec. 34.  NO FAVORING OR DISFAVORING OF POLITICAL PARTIES.
  (a)  A redistricting plan may not, when considered on a statewide
  basis, unfairly favor or disfavor any political party.
         (b)  For purposes of Subsection (a) of this section, the
  determination of whether a redistricting plan has the effect of
  unfairly favoring or disfavoring a political party shall be based
  on the totality of circumstances, including whether the plan
  results in durable partisan bias as determined by scientifically
  accepted measures of partisan fairness and whether there are
  alternative plans that would have complied with the requirements of
  law and resulted in less durable levels of partisan bias.  
  Notwithstanding this subsection, a redistricting plan may not be
  found to be in violation of Subsection (a) of this section because
  of application of the criteria provided by Sections 33(a)(1), (2),
  (3), and (4) of this article.
         Sec. 35.  FACTORS PROHIBITED FROM CONSIDERATION. In
  developing a redistricting plan, the commission may not take into
  consideration any of the following factors, except to the extent
  necessary to comply with the criteria provided by Sections
  33(a)(1), (2), (3), and (4) and Section 34 of this article and to
  enable the redistricting plan to be measured against the external
  metrics described by Section 51 of this article:
               (1)  the residence of any member of the United States
  House of Representatives, the Texas Senate, or the Texas House of
  Representatives or a candidate for one of those offices; or
               (2)  the political party affiliation or voting history
  of the population of a district.
  PART 2. PUBLIC NOTICE AND INPUT
         Sec. 36.  USE OF OPEN AND TRANSPARENT PROCESS. The
  independent redistricting commission shall hold each of its
  meetings in public, shall solicit and take into consideration
  comments from the public, including proposed maps, throughout the
  process of developing a redistricting plan, and shall carry out its
  duties in an open and transparent manner which provides for the
  widest public dissemination reasonably possible of its proposed and
  final redistricting plans.
         Sec. 37.  WEBSITE. (a)  The commission shall maintain a
  public Internet website which is not affiliated with or maintained
  by the office of any elected official and which includes the
  following features:
               (1)  general information on the commission, its role in
  the redistricting process, and its members, including contact
  information;
               (2)  an updated schedule of commission hearings and
  activities, including deadlines for the submission of comments;
               (3)  all draft redistricting plans developed by the
  commission under Part 3 of this subchapter, each final
  redistricting plan developed under Part 4 of this subchapter, and
  the written evaluation under Part 5 of this subchapter;
               (4)  all comments received from the public on the
  commission's activities, including any proposed maps submitted
  under Section 36 of this article;
               (5)  livestreaming of commission hearings and an
  archive of previous meetings, including any documents considered at
  any meeting, which the commission shall post not later than 24
  hours after the conclusion of the meeting;
               (6)  access in an easily usable format to the
  demographic and other data used by the commission to develop and
  analyze the proposed redistricting plans, together with access to
  any software used to draw maps of proposed districts and any reports
  analyzing and evaluating any redistricting maps;
               (7)  a method by which members of the public may submit
  comments and proposed maps directly to the commission;
               (8)  all records of the commission, including all
  communications to or from members, employees, and contractors
  regarding the work of the commission;
               (9)  a list of all contractors receiving payment from
  the commission, together with the annual disclosures submitted by
  the contractors under Section 12 of this article; and
               (10)  a list of the names of all individuals who
  submitted applications to serve on the commission, together with
  the applications submitted by individuals included in any selection
  pool, except that the commission may redact from applications any
  financial or other personally sensitive information.
         (b)  The commission shall ensure that all information posted
  and maintained on the website under this section, including
  information and proposed maps submitted by the public, be
  maintained in an easily searchable format.
         (c)  The commission shall ensure that the website under this
  section is operational, in at least a preliminary format, not later
  than January 1 of the year ending in the numeral one.
         Sec. 38.  PUBLIC COMMENT PERIOD. The commission shall
  solicit, accept, and consider comments from the public with respect
  to its duties, activities, and procedures at any time during the
  period:
               (1)  beginning January 1 of the year ending in the
  numeral one; and
               (2)  ending seven days before the date of the meeting at
  which the commission votes on approving the final redistricting
  plans for enactment into law under Section 48 of this article.
         Sec. 39.  MEETINGS AND HEARINGS IN VARIOUS GEOGRAPHIC
  LOCATIONS. To the greatest extent practicable, the commission
  shall hold its meetings and hearings in various geographic regions
  and locations throughout this state.
         Sec. 40.  MULTIPLE LANGUAGE REQUIREMENTS FOR ALL NOTICES.
  The commission shall make each notice which is required to be posted
  and published under this subchapter available in any language in
  which this state, or any jurisdiction in this state, is required to
  provide election materials under Section 203, Voting Rights Act of
  1965 (52 U.S.C. Section 10503).
  PART 3. DEVELOPMENT AND PUBLICATION OF PRELIMINARY REDISTRICTING
  PLAN
         Sec. 41.  PRELIMINARY PLAN. Before developing and
  publishing a final redistricting plan under Part 2 of this
  subchapter, the commission shall develop and publish a preliminary
  version of the plan.
         Sec. 42.  HEARINGS AND COMMENT BEFORE DEVELOPMENT. (a)  
  Before developing a preliminary redistricting plan under this part,
  the commission shall hold at least three public hearings at which
  members of the public may provide input and comments regarding the
  potential contents of redistricting plans for this state and the
  process by which the commission will develop each preliminary plan
  under this part.
         (b)  At least 14 days before the date of each hearing held
  under this section, the commission shall post notices of the
  hearing on the website maintained under Section 37 of this article
  and shall provide for the publication of notices in newspapers of
  general circulation throughout this state. Each notice must specify
  the date, time, and location of the hearing.
         (c)  Any member of the public may submit maps or portions of
  maps for consideration by the commission. Each map shall be made
  publicly available on the commission's Internet website and open to
  comment as provided by Section 37(a) of this article.
         Sec. 43.  PUBLICATION OF PRELIMINARY PLAN. (a)  The
  commission shall post each preliminary redistricting plan
  developed under this part, together with a report that includes the
  commission's responses to any public comments received under
  Section 38 of this article, on the website maintained under Section
  37 of this article and shall provide for the publication of each
  plan in newspapers of general circulation throughout this state.
         (b)  At least 14 days before the date the commission posts
  and publishes the preliminary plans under this section, the
  commission shall notify the public through the website maintained
  under Section 37 of this article, as well as through publication of
  notice in newspapers of general circulation throughout this state,
  of the pending publication of the plans.
         Sec. 44.  PUBLIC COMMENT AFTER PUBLICATION. The commission
  shall accept and consider comments from the public, including
  through the website maintained under Section 37 of this article,
  with respect to the preliminary redistricting plan published under
  Section 43 of this article, including proposed revisions to maps,
  for at least 30 days after the date on which the plan is published.
         Sec. 45.  HEARINGS AFTER PUBLICATION. (a)  After posting and
  publishing the preliminary redistricting plans under Section 43 of
  this article, the commission shall hold at least three public
  hearings in different geographic areas of this state at which
  members of the public may provide input and comments regarding each
  preliminary plan.
         (b)  At least 14 days before the date of each hearing held
  under this section, the commission shall post notices of the
  hearing on the website maintained under Section 37 of this article
  and shall provide for the publication of notices in newspapers of
  general circulation throughout the state. Each notice must specify
  the date, time, and location of the hearing.
         Sec. 46.  MULTIPLE PRELIMINARY PLANS. At the option of the
  commission, after developing and publishing preliminary
  redistricting plans under this part, the commission may develop and
  publish subsequent preliminary redistricting plans.  The process
  for the development and publication of each subsequent plan must
  meet the requirements of this part for the development and
  publication of the first preliminary redistricting plan.
  PART 4. PROCESS FOR ENACTMENT OF FINAL REDISTRICTING PLAN
         Sec. 47.  FINAL PLAN. After taking into consideration
  comments from the public on any preliminary redistricting plan
  developed and published under Part 3 of this subchapter, the
  commission shall develop and publish final redistricting plans.
         Sec. 48.  MEETING; FINAL VOTE.  Not later than the deadline
  provided by Section 52 of this article, the commission shall hold a
  public hearing at which the members of the commission shall vote on
  approving each final redistricting plan for enactment into law.
         Sec. 49.  PUBLICATION OF PLAN AND MATERIALS. At least 14
  days before the date of the meeting under Section 48 of this
  article, the commission shall provide the following information to
  the public through the website maintained under Section 37 of this
  article, as well as through newspapers of general circulation
  throughout the state:
               (1)  each final redistricting plan, including all
  relevant maps;
               (2)  a report by the commission to accompany each plan
  which provides the background for the plan and the commission's
  reasons for selecting the plan as the final redistricting plan,
  including responses to the public comments received on any
  preliminary redistricting plan developed and published under Part 3
  of this subchapter; and
               (3)  any dissenting or additional views with respect to
  each plan by individual members of the commission.
         Sec. 50.  ENACTMENT. A final redistricting plan developed
  and published under this part becomes law on the 45th day after:
               (1)  the final plan is approved by a majority of the
  whole membership of the commission; and
               (2)  at least one commission member from each category
  of the selection pool approves the final plan.
  PART 5. WRITTEN EVALUATION OF PLAN AGAINST EXTERNAL METRICS
         Sec. 51.  WRITTEN EVALUATION. The commission shall include
  with each redistricting plan developed and published under Sections
  33 through 52 a written evaluation that measures each plan against
  external metrics which cover the criteria provided by Section 33 of
  this article, including the impact of the plan on the ability of
  communities of color to elect candidates of choice, measures of
  partisan fairness using multiple accepted methodologies, and the
  degree to which the plan preserves or divides communities of
  interest.
  PART 6. TIMING
         Sec. 52.  PERIOD FOR DEVELOPMENT OF PLAN. The commission may
  begin its work on a redistricting plan immediately on receipt of
  relevant population information from the United States Census
  Bureau. The commission shall approve each final redistricting plan
  each year ending in the numeral one on or before the later of:
               (1)  eight months after the date on which this state
  receives the state apportionment notice; or
               (2)  October 1.
  SUBCHAPTER E. ESTABLISHMENT OF RELATED ENTITIES
  PART 1. NONPARTISAN LEGISLATIVE AGENCY
         Sec. 53.  ESTABLISHMENT. The legislature by general law
  shall establish a nonpartisan agency in the legislative branch of
  state government to appoint the members of the commission as
  provided by Subchapter B of this article.
         Sec. 54.  NONPARTISANSHIP. For purposes of this part, an
  agency shall be considered to be nonpartisan if under law the
  agency:
               (1)  is required to provide services on a nonpartisan
  basis;
               (2)  is required to maintain impartiality; and
               (3)  is prohibited from advocating for the adoption or
  rejection of any legislative proposal.
         Sec. 55.  TRAINING OF COMMISSION MEMBERS. Not later than
  January 15 of a year ending in the numeral one, the nonpartisan
  agency shall provide commission members with initial training on
  their obligations, including obligations under the Voting Rights
  Act of 1965 (52 U.S.C. Section 10301 et seq.) and other applicable
  laws.
         Sec. 56.  RULES. The nonpartisan agency shall adopt and
  publish rules, after notice and opportunity for comment,
  establishing the procedures that the agency will follow in
  fulfilling its duties under this article, including the procedures
  to be used in vetting the qualifications and political affiliation
  of applicants and in creating the selection pools, the randomized
  process to be used in selecting the initial commission members, and
  the rules the agency will apply to ensure that the agency carries
  out its duties under this article in a maximally transparent,
  publicly accessible, and impartial manner.
         Sec. 57.  DESIGNATION OF EXISTING AGENCY. The legislature
  by general law may designate an existing agency in the legislative
  branch of government to appoint the members of the commission under
  this article if the agency meets the requirements for
  nonpartisanship under this part.
         Sec. 58.  TERMINATION OF SPECIALLY ESTABLISHED AGENCY. If
  the legislature does not designate an existing agency under Section
  57 of this article but instead establishes a new agency to serve as
  the nonpartisan agency under this subchapter, the new agency shall
  terminate on the enactment into law of all redistricting plans.
         Sec. 59.  PRESERVATION OF RECORDS. The legislature shall
  ensure that the records of the nonpartisan agency are retained in an
  appropriate state archive in a manner that enables the state to
  respond to any civil action brought with respect to congressional
  redistricting in the state.
         Sec. 60.  DEADLINE. The legislature shall meet the
  requirements of this part not later than October 15 of each year
  ending in the numeral nine.
  PART 2. SELECT COMMITTEE ON REDISTRICTING
         Sec. 61.  SELECT COMMITTEE. The legislature shall appoint a
  select committee on redistricting to approve or disapprove a
  selection pool under Subchapter C of this article.
         Sec. 62.  APPOINTMENT. The select committee consists of the
  following four members:
               (1)  one member of the senate appointed by the most
  senior member of the senate who belongs to the political party with
  the most members in the senate;
               (2)  one member of the senate appointed by the most
  senior member of the senate who belongs to the political party with
  the second greatest number of members in the senate;
               (3)  one member of the house of representatives
  appointed by the most senior member of the house who belongs to the
  political party with the most members in the house; and
               (4)  one member of the house of representatives
  appointed by the most senior member of the house who belongs to the
  political party with the second greatest number of members in the
  house.
         Sec. 63.  DEADLINE. The legislature shall meet the
  requirements of this part not later than January 15 of each year
  ending in the numeral zero.
         SECTION 4.  Section 28, Article III, Texas Constitution, is
  repealed.
         SECTION 5.  The following temporary provision is added to
  the Texas Constitution:
         TEMPORARY PROVISION. (a)  This temporary provision applies
  to the constitutional amendment proposed by the 87th Legislature,
  3rd Called Session, 2021, establishing an independent
  redistricting commission to establish districts for the election of
  the members of the United States House of Representatives elected
  from this state, the Texas Senate, and the Texas House of
  Representatives.
         (b)  On January 1, 2029:
               (1)  the amendments to Sections 7a(e) and (i), Article
  V, of this constitution take effect;
               (2)  the repeal of Section 28, Article III, of this
  constitution takes effect; and
               (3)  Section 28a, Article III, and Article XVIII of
  this constitution take effect.
         (c)  This temporary provision expires January 1, 2030.
         SECTION 6.  This proposed constitutional amendment shall be
  submitted to the voters at an election to be held November 8, 2022.
  The ballot shall be printed to permit voting for or against the
  proposition: "The constitutional amendment establishing an
  independent redistricting commission to establish districts for
  the election of the members of the United States House of
  Representatives elected from this state, the Texas Senate, and the
  Texas House of Representatives."
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