Texas 2009 - 81st Regular

Texas Senate Bill SB315 Compare Versions

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1	1	81R420 DRH-D
2	2	By: Wentworth S.B. No. 315
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the reapportionment of congressional districts and the
8	8	creation, function, and duties of the Texas Congressional
9	9	Redistricting Commission.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle A, Title 3, Government Code, is amended
12	12	by adding Chapter 307 to read as follows:
13	13	CHAPTER 307. TEXAS CONGRESSIONAL REDISTRICTING COMMISSION
14	14	Sec. 307.001. DEFINITIONS. In this chapter:
15	15	(1) "Commission" means the Texas Congressional
16	16	Redistricting Commission.
17	17	(2) "Plan" means a redistricting plan for the Texas
18	18	congressional districts adopted as provided by this chapter.
19	19	Sec. 307.002. TEXAS CONGRESSIONAL REDISTRICTING
20	20	COMMISSION. The Texas Congressional Redistricting Commission
21	21	exercises the legislative authority of this state to adopt
22	22	redistricting plans for the election of the members of the United
23	23	States House of Representatives elected from this state. A plan for
24	24	congressional districts may be established or modified only by the
25	25	commission as provided by this chapter.
26	26	Sec. 307.003. MEMBERSHIP; TERMS. (a) The initial
27	27	commission consists of nine members selected as follows:
28	28	(1) two members appointed by a majority vote of the
29	29	members of the Texas House of Representatives belonging to the
30	30	political party with the most members in the house of
31	31	representatives;
32	32	(2) two members appointed by a majority vote of the
33	33	members of the Texas House of Representatives belonging to the
34	34	political party with the second highest number of members in the
35	35	house of representatives;
36	36	(3) two members appointed by a majority vote of the
37	37	members of the Texas Senate belonging to the political party with
38	38	the most members in the senate;
39	39	(4) two members appointed by a majority vote of the
40	40	members of the Texas Senate belonging to the political party with
41	41	the second highest number of members in the senate; and
42	42	(5) one member appointed by an affirmative vote of not
43	43	fewer than five of the members of the commission selected under
44	44	Subdivisions (1)-(4).
45	45	(b) The member appointed under Subsection (a)(5) is a
46	46	nonvoting member and serves as presiding officer of the commission.
47	47	(c) Each member of the commission must be a resident of this
48	48	state. At least one member appointed by the Texas House of
49	49	Representatives and one member appointed by the Texas Senate must
50	50	reside in a county not designated as a metropolitan statistical
51	51	area as defined by the United States Office of Management and
52	52	Budget. If the members of a house of the legislature entitled to
53	53	make an appointment to the commission cannot agree on whether the
54	54	members belonging to the political party with the most members or
55	55	the political party with the second highest number of members will
56	56	make the appointment required by this subsection, the presiding
57	57	officer of that house shall designate the members who must make the
58	58	appointment required by this subsection.
59	59	(d) A person is not eligible to serve on the commission if
60	60	the person:
61	61	(1) holds an elective public office;
62	62	(2) holds an office in a political party other than
63	63	membership on a precinct committee;
64	64	(3) has served in a position described by Subdivision
65	65	(1) or (2) within the two years preceding the date the person is
66	66	appointed to the commission; or
67	67	(4) is required to register under Section 305.003 or
68	68	was required to register under that section in the two years
69	69	preceding the date the person is appointed to the commission.
70	70	(e) The full term of a member of the commission is a two-year
71	71	term that begins on February 1 of the year ending in one in which the
72	72	initial appointment to the position is required to be made and
73	73	expires on January 31 of the next year ending in three.
74	74	(f) A vacancy on the commission is filled in the same manner
75	75	as provided by this section for the original appointment, except
76	76	that, if the commission is convened when the vacancy occurs or if
77	77	the vacancy exists when the commission reconvenes, the supreme
78	78	court shall fill the vacancy if the initial appointing authority
79	79	fails to fill the vacancy on or before the 20th day after the date
80	80	the vacancy occurs or the commission reconvenes, as applicable.
81	81	The supreme court shall fill the vacancy not later than the ninth
82	82	day after the earliest date on which the supreme court may fill the
83	83	vacancy, or as soon after the ninth day as possible. The members of
84	84	the Texas House of Representatives or Texas Senate authorized to
85	85	appoint a member of the commission may meet as necessary to make an
86	86	appointment or to fill a vacancy.
87	87	(g) The members of the commission appointed under
88	88	Subsections (a)(1)-(4) shall be appointed not earlier than January
89	89	25 or later than January 31 of each year ending in one. The member
90	90	appointed under Subsection (a)(5) shall be appointed not later than
91	91	the 30th day after the commission convenes under Section
92	92	307.008(b). If a member is not appointed in the time provided by
93	93	this subsection, the supreme court shall make the appointment
94	94	before the sixth day after the last date on which the initial
95	95	appointing authority could have made the appointment, or as soon
96	96	after the sixth day as possible.
97	97	Sec. 307.004. OATH. Before serving on the commission, each
98	98	person appointed shall take and subscribe to the constitutional
99	99	oath of office.
100	100	Sec. 307.005. POLITICAL ACTIVITIES PROHIBITED. A member of
101	101	the commission may not:
102	102	(1) be a candidate for or campaign for elective office
103	103	while a member of the commission; or
104	104	(2) actively participate in or contribute to the
105	105	political campaign of a candidate for a state or federal elective
106	106	office while a member of the commission.
107	107	Sec. 307.006. OPERATION OF COMMISSION. (a) The
108	108	legislature shall appropriate sufficient money for the
109	109	compensation and payment of the expenses of the commission members
110	110	and any staff employed by the commission.
111	111	(b) The commission shall be provided access to statistical
112	112	or other information compiled by the state or its political
113	113	subdivisions as necessary for the commission's reapportionment
114	114	duties.
115	115	(c) The Texas Legislative Council, under the direction of
116	116	the commission, shall provide the technical staff and clerical
117	117	services that the commission needs to prepare its plans.
118	118	Sec. 307.007. DUTIES. The commission shall:
119	119	(1) adopt rules to administer this chapter; and
120	120	(2) comply with Chapters 551 and 552.
121	121	Sec. 307.008. ADOPTION OF PLAN. (a) A redistricting plan
122	122	or modification of a redistricting plan is adopted by a vote of not
123	123	fewer than five members of the commission.
124	124	(b) The commission shall convene on the first business day
125	125	after January 31 of each year ending in one and shall adopt a
126	126	redistricting plan for the members of the United States House of
127	127	Representatives elected from this state not later than June 15 of
128	128	that year, unless the federal decennial census is delivered to the
129	129	appropriate officials of this state after May 1 of that year, in
130	130	which event the commission shall adopt the redistricting plan not
131	131	later than the 75th day after the date the census is delivered.
132	132	(c) If the commission does not adopt a plan within the time
133	133	required by Subsection (b), not later than the second day after the
134	134	date of the deadline for commission action prescribed by Subsection
135	135	(b), the chief justice of the supreme court shall appoint a person
136	136	to serve as an additional voting member of the commission. The
137	137	person appointed must be eligible to serve on the commission. The
138	138	term of a member appointed under this section expires on the same
139	139	day as the other voting members of the commission.
140	140	(d) Following appointment of a member under Subsection (c),
141	141	the commission shall adopt a redistricting plan not later than the
142	142	45th day after the date of the deadline for commission action
143	143	prescribed by Subsection (b).
144	144	(e) If the commission does not adopt a plan within the time
145	145	required by Subsection (d), the commission's authority to adopt a
146	146	plan is suspended and the supreme court shall adopt the plan not
147	147	later than the 45th day after the date of the deadline for
148	148	commission action prescribed by Subsection (d).
149	149	Sec. 307.009. MODIFICATION OF PLAN; ADDITIONAL ACTION.
150	150	(a) Except as provided by Subsection (c), the commission may
151	151	reconvene on the motion of at least four of its voting members filed
152	152	with the secretary of state at any time after the adoption of the
153	153	initial congressional redistricting plan to modify that plan if the
154	154	plan becomes unenforceable by order of a court or by action of any
155	155	other appropriate authority or is subject to legal challenge in a
156	156	court proceeding. In modifying a redistricting plan, the
157	157	commission must comply with all applicable standards imposed by
158	158	this chapter, but is not limited to modifications necessary to
159	159	correct legal deficiencies.
160	160	(b) The commission may reconvene in the manner provided by
161	161	Subsection (a) to adopt a redistricting plan if the supreme court
162	162	does not adopt a congressional redistricting plan in the time
163	163	required by Section 307.008(e).
164	164	(c) The authority of the commission to act under this
165	165	chapter expires on January 31 of the next year ending in three
166	166	unless the final judgment of a court wholly or partly invalidates a
167	167	plan after that date.
168	168	Sec. 307.010. PLAN REQUIREMENTS. (a) In a redistricting
169	169	plan or modification of a plan adopted under this chapter:
170	170	(1) each district must be composed of contiguous
171	171	territory;
172	172	(2) each district must contain a population, excluding
173	173	nonresident military personnel, as nearly equal as practicable to
174	174	the population of any other district in the plan; and
175	175	(3) to the extent reasonable, each district must be
176	176	compact and convenient and be separated from adjoining districts by
177	177	natural geographic barriers, artificial barriers, or political
178	178	subdivision boundaries.
179	179	(b) For each plan or modification of a plan adopted by the
180	180	commission, the commission shall prepare and publish a report that
181	181	includes:
182	182	(1) for each district in the plan, the total
183	183	population and the percentage deviation from the average district
184	184	population;
185	185	(2) an explanation of the criteria used in developing
186	186	the plan, with a justification of any population deviation in a
187	187	district from the average district population;
188	188	(3) a map or maps of all the districts; and
189	189	(4) the estimated cost to be incurred by the counties
190	190	for changes in county election precinct boundaries required to
191	191	conform to the districts adopted by the commission.
192	192	(c) The commission shall make a copy of a report prepared
193	193	under this section available to the public.
194	194	Sec. 307.011. SUBMISSION OF PLAN. On adoption of a plan or
195	195	modification of a plan by the commission, the commission shall
196	196	submit the plan or modification to the governor, the secretary of
197	197	state, and the presiding officer of each house of the legislature.
198	198	Sec. 307.012. CESSATION OF OPERATIONS. (a) Following the
199	199	initial adoption of the plan that the commission is required to
200	200	adopt, the commission shall take all necessary steps to conclude
201	201	its business and suspend operations until the commission reconvenes
202	202	as provided by Section 307.009 if it does reconvene.
203	203	(b) The commission shall prepare a financial statement
204	204	disclosing all expenditures made by the commission. The official
205	205	record of the commission shall contain all relevant information
206	206	developed by the commission in carrying out its duties, including
207	207	maps, data, minutes of meetings, written communications, and other
208	208	information.
209	209	(c) After the commission suspends operations, the secretary
210	210	of state becomes the custodian of its official records for purposes
211	211	of election administration. Any unexpended money from an
212	212	appropriation to the commission reverts to the general revenue
213	213	fund.
214	214	Sec. 307.013. CHALLENGES TO PLAN. (a) After a plan or
215	215	modification of a plan is adopted by the commission or supreme
216	216	court, any person aggrieved by the plan or modification may file a
217	217	petition with the supreme court challenging the plan.
218	218	(b) The supreme court has original jurisdiction to hear and
219	219	decide cases involving congressional redistricting, including a
220	220	case involving a redistricting plan adopted by the supreme court
221	221	under this chapter. A member of the court is not disqualified from
222	222	participating in a redistricting case because the member has
223	223	participated or may participate in the adoption of a redistricting
224	224	plan, but may recuse himself or herself from the case. This
225	225	subsection supersedes any other law, including an applicable code
226	226	of judicial conduct, with regard to conflicts of interest by or
227	227	disqualification of a member of the court.
228	228	(c) The supreme court may consolidate any or all petitions
229	229	and shall give the petitions precedence over all other matters.
230	230	(d) This section does not limit the remedies available under
231	231	other law to any person aggrieved by a plan.
232	232	Sec. 307.014. REAPPOINTMENT OF COMMISSION FOLLOWING COURT
233	233	ACTION. (a) If the final judgment of a state or federal court
234	234	invalidates all or part of a plan or otherwise makes the plan
235	235	unenforceable and as of January 31 of the next year ending in three
236	236	the commission has not modified the plan as authorized by Section
237	237	307.009 in response to the judgment, a new commission shall be
238	238	appointed in the manner provided by Section 307.003, except that
239	239	the appointments described by Sections 307.003(a)(1)-(4) must be
240	240	made not later than the later of the 14th day after the date the
241	241	judgment becomes final or February 14 of the next year ending in
242	242	three. The commission shall convene not later than the fifth day
243	243	after the date the last appointment described by Sections
244	244	307.003(a)(1)-(4) is made, and the commission must make the
245	245	appointment described by Section 307.003(a)(5) not later than the
246	246	fifth day after the date the commission convenes.
247	247	(b) A commission appointed under Subsection (a) has the same
248	248	powers and duties under this chapter as a commission appointed
249	249	under Section 307.003 except that the terms of the members of the
250	250	commission and the authority of the commission to act under this
251	251	chapter expire on the earlier of:
252	252	(1) the date a judgment of a court approving a new plan
253	253	adopted by the commission becomes final; or
254	254	(2) the second anniversary of the date the commission
255	255	first convenes under Subsection (a).
256	256	SECTION 2. This Act takes effect January 1, 2011.