Texas 2019 - 86th Regular

Texas House Bill HB2429 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R10960 JRJ-D
2	2	By: Reynolds H.B. No. 2429
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Texas Voting Rights Act.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Title 1, Election Code, is amended by adding
10	10	Chapter 5 to read as follows:
11	11	CHAPTER 5. TEXAS VOTING RIGHTS ACT
12	12	Sec. 5.001. DEFINITIONS. As used in this chapter:
13	13	(1) "At-large election" means any of the following
14	14	methods of electing members to the governing body of a political
15	15	subdivision:
16	16	(A) one in which the voters of the entire
17	17	jurisdiction elect the members to the governing body;
18	18	(B) one in which the candidates are required to
19	19	reside within given areas of the jurisdiction and the voters of the
20	20	entire jurisdiction elect the members to the governing body; or
21	21	(C) one that combines at-large elections with
22	22	district-based elections.
23	23	(2) "District-based election" means a method of
24	24	electing members to the governing body of a political subdivision
25	25	in which the candidate must reside within an election district that
26	26	is a divisible part of the political subdivision and is elected only
27	27	by voters residing within that election district.
28	28	(3) "Protected class" means a class of voters who are
29	29	members of a race, color, or language minority group, as this class
30	30	is defined in the federal Voting Rights Act of 1965 (52 U.S.C.
31	31	Section 10101 et seq.).
32	32	(4) "Racially polarized voting" means voting in which
33	33	there is a difference, as defined in case law regarding enforcement
34	34	of the federal Voting Rights Act of 1965 (52 U.S.C. Section 10101 et
35	35	seq.), in the choice of candidates or other electoral choices that
36	36	are preferred by voters in a protected class, and in the choice of
37	37	candidates and electoral choices that are preferred by voters in
38	38	the rest of the electorate.
39	39	Sec. 5.002. PURPOSE. The Texas Voting Rights Act is enacted
40	40	to implement the guarantees of Sections 3a and 19, Article I, and
41	41	Section 2, Article VI, Texas Constitution.
42	42	Sec. 5.003. METHODOLOGIES. The methodologies for
43	43	estimating group voting behavior as approved in applicable federal
44	44	cases to enforce the federal Voting Rights Act of 1965 (52 U.S.C.
45	45	Section 10101 et seq.) to establish racially polarized voting may
46	46	be used for purposes of this chapter to prove that elections are
47	47	characterized by racially polarized voting.
48	48	Sec. 5.004. RESTRICTION ON METHOD OF ELECTION. If it is
49	49	shown that racially polarized voting occurs in elections for
50	50	members of the governing body of a political subdivision, a method
51	51	of election may not be imposed or applied in a manner that impairs
52	52	the ability of a protected class to elect candidates of its choice
53	53	or its ability to influence the outcome of an election.
54	54	Sec. 5.005. RELEVANT FACTORS. (a) Elections conducted
55	55	before the filing of an action are more probative to establish the
56	56	existence of racially polarized voting than elections conducted
57	57	after the filing of the action.
58	58	(b) The occurrence of racially polarized voting shall be
59	59	determined from an examination of results of elections in which at
60	60	least one candidate is a member of a protected class or elections
61	61	involving ballot measures, or other electoral choices that affect
62	62	the rights and privileges of members of a protected class. One
63	63	circumstance that may be considered is the extent to which
64	64	candidates who are members of a protected class and who are
65	65	preferred by voters of the protected class, as determined by an
66	66	analysis of voting behavior, have been elected to the governing
67	67	body of a political subdivision that is the subject of an action
68	68	based on Section 5.004. In multiseat at-large election districts,
69	69	where the number of candidates who are members of a protected class
70	70	is lower than the number of seats available, the relative
71	71	class-wide support received by candidates from members of a
72	72	protected class shall be the basis for the racial polarization
73	73	analysis.
74	74	(c) The fact that members of a protected class are not
75	75	geographically compact or concentrated may not preclude
76	76	establishing racially polarized voting or finding a violation of
77	77	Section 5.004 but may be a factor in determining an appropriate
78	78	remedy for a violation of that section.
79	79	(d) Proof of intent on the part of the voters or elected
80	80	officials to discriminate against a protected class is not
81	81	required.
82	82	(e) Other factors such as the history of discrimination, the
83	83	use of electoral devices or other voting practices or procedures
84	84	that may enhance the dilutive effects of a method of election,
85	85	denial of access to those processes determining which groups of
86	86	candidates will receive financial or other support in a given
87	87	election, the extent to which members of a protected class bear the
88	88	effects of past discrimination in areas such as education,
89	89	employment, and health, which hinder their ability to participate
90	90	effectively in the political process, and the use of overt or subtle
91	91	racial appeals in political campaigns are probative, but not
92	92	necessary factors to establish a violation of Section 5.004.
93	93	Sec. 5.006. REMEDY. On a finding of a violation of Section
94	94	5.004, the court shall implement appropriate remedies, including
95	95	the imposition of district-based elections, that are tailored to
96	96	remedy the violation.
97	97	Sec. 5.007. CIVIL ACTION. Any voter who is a member of a
98	98	protected class and who resides in a political subdivision where a
99	99	violation of Section 5.004 is alleged may bring a civil action to
100	100	enforce that section.
101	101	SECTION 2. This Act takes effect immediately if it receives
102	102	a vote of two-thirds of all the members elected to each house, as
103	103	provided by Section 39, Article III, Texas Constitution. If this
104	104	Act does not receive the vote necessary for immediate effect, this
105	105	Act takes effect September 1, 2019.