By: Wentworth S.B. No. 315
(In the Senate - Filed November 21, 2008; February 11, 2009,
read first time and referred to Committee on State Affairs;
March 13, 2009, reported favorably by the following vote: Yeas 6,
Nays 3; March 13, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the reapportionment of congressional districts and the
creation, function, and duties of the Texas Congressional
Redistricting Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 3, Government Code, is amended
by adding Chapter 307 to read as follows:
CHAPTER 307. TEXAS CONGRESSIONAL REDISTRICTING COMMISSION
Sec. 307.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Congressional
Redistricting Commission.
(2) "Plan" means a redistricting plan for the Texas
congressional districts adopted as provided by this chapter.
Sec. 307.002. TEXAS CONGRESSIONAL REDISTRICTING
COMMISSION. The Texas Congressional Redistricting Commission
exercises the legislative authority of this state to adopt
redistricting plans for the election of the members of the United
States House of Representatives elected from this state. A plan for
congressional districts may be established or modified only by the
commission as provided by this chapter.
Sec. 307.003. MEMBERSHIP; TERMS. (a) The initial
commission consists of nine members selected as follows:
(1) two members 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 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 appointed by a majority vote of the
members of the Texas Senate belonging to the political party with
the most members in the senate;
(4) two members 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; and
(5) one member appointed by an affirmative vote of not
fewer than five of the members of the commission selected under
Subdivisions (1)-(4).
(b) The member appointed under Subsection (a)(5) is a
nonvoting member and serves as presiding officer of the commission.
(c) Each member of the commission must be a resident of this
state. At least one member appointed by the Texas House of
Representatives and one member appointed by the Texas Senate must
reside in a county not designated as a metropolitan statistical
area as defined by the United States Office of Management and
Budget. If the members of a house of the legislature entitled to
make an appointment to the commission cannot agree on whether the
members belonging to the political party with the most members or
the political party with the second highest number of members will
make the appointment required by this subsection, the presiding
officer of that house shall designate the members who must make the
appointment required by this subsection.
(d) A person is not eligible to serve on the commission if
the person:
(1) holds an elective public office;
(2) holds an office in a political party other than
membership on a precinct committee;
(3) has served in a position described by Subdivision
(1) or (2) within the two years preceding the date the person is
appointed to the commission; or
(4) is required to register under Section 305.003 or
was required to register under that section in the two years
preceding the date the person is appointed to the commission.
(e) The full term of a member of the commission is a two-year
term that begins on February 1 of the year ending in one in which the
initial appointment to the position is required to be made and
expires on January 31 of the next year ending in three.
(f) A vacancy on the commission is filled in the same manner
as provided by this section for the original appointment, except
that if the commission is convened when the vacancy occurs or if the
vacancy exists when the commission reconvenes, the supreme court
shall fill the vacancy if the initial appointing authority fails to
fill the vacancy on or before the 20th day after the date the
vacancy occurs or the commission reconvenes, as applicable. The
supreme court shall fill the vacancy not later than the ninth day
after the earliest date on which the supreme court may fill the
vacancy, or as soon after the ninth day as possible. The members of
the Texas House of Representatives or Texas Senate authorized to
appoint a member of the commission may meet as necessary to make an
appointment or to fill a vacancy.
(g) The members of the commission appointed under
Subsections (a)(1)-(4) shall be appointed not earlier than January
25 or later than January 31 of each year ending in one. The member
appointed under Subsection (a)(5) shall be appointed not later than
the 30th day after the commission convenes under Section
307.008(b). If a member is not appointed in the time provided by
this subsection, the supreme court shall make the appointment
before the sixth day after the last date on which the initial
appointing authority could have made the appointment, or as soon
after the sixth day as possible.
Sec. 307.004. OATH. Before serving on the commission, each
person appointed shall take and subscribe to the constitutional
oath of office.
Sec. 307.005. POLITICAL ACTIVITIES PROHIBITED. A member of
the commission may not:
(1) be a candidate for or campaign for elective office
while a member of the commission; or
(2) actively participate in or contribute to the
political campaign of a candidate for a state or federal elective
office while a member of the commission.
Sec. 307.006. OPERATION OF COMMISSION. (a) The
legislature shall appropriate sufficient money for the
compensation and payment of the expenses of the 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 for the commission's reapportionment
duties.
(c) The Texas Legislative Council, under the direction of
the commission, shall provide the technical staff and clerical
services that the commission needs to prepare its plans.
Sec. 307.007. DUTIES. The commission shall:
(1) adopt rules to administer this chapter; and
(2) comply with Chapters 551 and 552.
Sec. 307.008. ADOPTION OF PLAN. (a) A redistricting plan
or modification of a redistricting plan is adopted by a vote of not
fewer than five members of the commission.
(b) The commission shall convene on the first business day
after January 31 of each year ending in one and shall adopt a
redistricting plan for the members of the United States House of
Representatives elected from this state not later than June 15 of
that year, unless the federal decennial census is delivered to the
appropriate officials of this state after May 1 of that year, in
which event the commission shall adopt the redistricting plan not
later than the 75th day after the date the census is delivered.
(c) If the commission does not adopt a plan within the time
required by Subsection (b), not later than the second day after the
date of the deadline for commission action prescribed by Subsection
(b), the chief justice of the supreme court shall appoint a person
to serve as an additional voting member of the commission. The
person appointed must be eligible to serve on the commission. The
term of a member appointed under this section expires on the same
day as the other voting members of the commission.
(d) Following appointment of a member under Subsection (c),
the commission shall adopt a redistricting plan not later than the
45th day after the date of the deadline for commission action
prescribed by Subsection (b).
(e) If the commission does not adopt a plan within the time
required by Subsection (d), the commission's authority to adopt a
plan is suspended and the supreme court shall adopt the plan not
later than the 45th day after the date of the deadline for
commission action prescribed by Subsection (d).
Sec. 307.009. MODIFICATION OF PLAN; ADDITIONAL ACTION.
(a) Except as provided by Subsection (c), the commission may
reconvene on the motion of at least four of its voting members filed
with the secretary of state at any time after the adoption of the
initial congressional redistricting plan to modify that plan if the
plan becomes unenforceable by order of a court or by action of any
other appropriate authority or is subject to legal challenge in a
court proceeding. In modifying a redistricting plan, the
commission must comply with all applicable standards imposed by
this chapter, but is not limited to modifications necessary to
correct legal deficiencies.
(b) The commission may reconvene in the manner provided by
Subsection (a) to adopt a redistricting plan if the supreme court
does not adopt a congressional redistricting plan in the time
required by Section 307.008(e).
(c) The authority of the commission to act under this
chapter expires on January 31 of the next year ending in three
unless the final judgment of a court wholly or partly invalidates a
plan after that date.
Sec. 307.010. PLAN REQUIREMENTS. (a) In a redistricting
plan or modification of a plan adopted under this chapter:
(1) each district must be composed of contiguous
territory;
(2) each district must contain a population, excluding
nonresident military personnel, as nearly equal as practicable to
the population of any other district in the plan; and
(3) to the extent reasonable, each district must be
compact and convenient and be separated from adjoining districts by
natural geographic barriers, artificial barriers, or political
subdivision boundaries.
(b) For each plan or modification of a plan adopted by the
commission, the commission shall prepare and publish a report that
includes:
(1) for each district in the plan, the total
population and the percentage deviation from the average district
population;
(2) an explanation of the criteria used in developing
the plan, with a justification of any population deviation in a
district from the average district population;
(3) a map or maps of all the districts; and
(4) the estimated cost to be incurred by the counties
for changes in county election precinct boundaries required to
conform to the districts adopted by the commission.
(c) The commission shall make a copy of a report prepared
under this section available to the public.
Sec. 307.011. SUBMISSION OF PLAN. On adoption of a plan or
modification of a plan by the commission, the commission shall
submit the plan or modification to the governor, the secretary of
state, and the presiding officer of each house of the legislature.
Sec. 307.012. CESSATION OF OPERATIONS. (a) Following the
initial adoption of the plan that the commission is required to
adopt, the commission shall take all necessary steps to conclude
its business and suspend operations until the commission reconvenes
as provided by Section 307.009, if it does reconvene.
(b) The commission shall prepare a financial statement
disclosing all expenditures made by the commission. The official
record of the commission shall contain all relevant information
developed by the commission in carrying out its duties, including
maps, data, minutes of meetings, written communications, and other
information.
(c) 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. 307.013. CHALLENGES TO PLAN. (a) After a plan or
modification of a plan is adopted by the commission or supreme
court, any person aggrieved by the plan or modification may file a
petition with the supreme court challenging the plan.
(b) The supreme court has original jurisdiction to hear and
decide cases involving congressional redistricting, including a
case involving a redistricting plan adopted by the supreme court
under this chapter. A member of the court is not disqualified from
participating in a redistricting case because the member has
participated or may participate in the adoption of a redistricting
plan, but may recuse himself or herself from the case. This
subsection supersedes any other law, including an applicable code
of judicial conduct, with regard to conflicts of interest by or
disqualification of a member of the court.
(c) The supreme court may consolidate any or all petitions
and shall give the petitions precedence over all other matters.
(d) This section does not limit the remedies available under
other law to any person aggrieved by a plan.
Sec. 307.014. REAPPOINTMENT OF COMMISSION FOLLOWING COURT
ACTION. (a) If the final judgment of a state or federal court
invalidates all or part of a plan or otherwise makes the plan
unenforceable and as of January 31 of the next year ending in three
the commission has not modified the plan as authorized by Section
307.009 in response to the judgment, a new commission shall be
appointed in the manner provided by Section 307.003, except that
the appointments described by Sections 307.003(a)(1)-(4) must be
made not later than the later of the 14th day after the date the
judgment becomes final or February 14 of the next year ending in
three. The commission shall convene not later than the fifth day
after the date the last appointment described by Sections
307.003(a)(1)-(4) is made, and the commission must make the
appointment described by Section 307.003(a)(5) not later than the
fifth day after the date the commission convenes.
(b) A commission appointed under Subsection (a) has the same
powers and duties under this chapter as a commission appointed
under Section 307.003 except that the terms of the members of the
commission and the authority of the commission to act under this
chapter expire on the earlier of:
(1) the date a judgment of a court approving a new plan
adopted by the commission becomes final; or
(2) the second anniversary of the date the commission
first convenes under Subsection (a).
SECTION 2. This Act takes effect January 1, 2011.
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