86R10960 JRJ-D
By: Reynolds H.B. No. 2429
A BILL TO BE ENTITLED
AN ACT
relating to the Texas Voting Rights Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 1, Election Code, is amended by adding
Chapter 5 to read as follows:
CHAPTER 5. TEXAS VOTING RIGHTS ACT
Sec. 5.001. DEFINITIONS. As used in this chapter:
(1) "At-large election" means any of the following
methods of electing members to the governing body of a political
subdivision:
(A) one in which the voters of the entire
jurisdiction elect the members to the governing body;
(B) one in which the candidates are required to
reside within given areas of the jurisdiction and the voters of the
entire jurisdiction elect the members to the governing body; or
(C) one that combines at-large elections with
district-based elections.
(2) "District-based election" means a method of
electing members to the governing body of a political subdivision
in which the candidate must reside within an election district that
is a divisible part of the political subdivision and is elected only
by voters residing within that election district.
(3) "Protected class" means a class of voters who are
members of a race, color, or language minority group, as this class
is defined in the federal Voting Rights Act of 1965 (52 U.S.C.
Section 10101 et seq.).
(4) "Racially polarized voting" means voting in which
there is a difference, as defined in case law regarding enforcement
of the federal Voting Rights Act of 1965 (52 U.S.C. Section 10101 et
seq.), in the choice of candidates or other electoral choices that
are preferred by voters in a protected class, and in the choice of
candidates and electoral choices that are preferred by voters in
the rest of the electorate.
Sec. 5.002. PURPOSE. The Texas Voting Rights Act is enacted
to implement the guarantees of Sections 3a and 19, Article I, and
Section 2, Article VI, Texas Constitution.
Sec. 5.003. METHODOLOGIES. The methodologies for
estimating group voting behavior as approved in applicable federal
cases to enforce the federal Voting Rights Act of 1965 (52 U.S.C.
Section 10101 et seq.) to establish racially polarized voting may
be used for purposes of this chapter to prove that elections are
characterized by racially polarized voting.
Sec. 5.004. RESTRICTION ON METHOD OF ELECTION. If it is
shown that racially polarized voting occurs in elections for
members of the governing body of a political subdivision, a method
of election may not be imposed or applied in a manner that impairs
the ability of a protected class to elect candidates of its choice
or its ability to influence the outcome of an election.
Sec. 5.005. RELEVANT FACTORS. (a) Elections conducted
before the filing of an action are more probative to establish the
existence of racially polarized voting than elections conducted
after the filing of the action.
(b) The occurrence of racially polarized voting shall be
determined from an examination of results of elections in which at
least one candidate is a member of a protected class or elections
involving ballot measures, or other electoral choices that affect
the rights and privileges of members of a protected class. One
circumstance that may be considered is the extent to which
candidates who are members of a protected class and who are
preferred by voters of the protected class, as determined by an
analysis of voting behavior, have been elected to the governing
body of a political subdivision that is the subject of an action
based on Section 5.004. In multiseat at-large election districts,
where the number of candidates who are members of a protected class
is lower than the number of seats available, the relative
class-wide support received by candidates from members of a
protected class shall be the basis for the racial polarization
analysis.
(c) The fact that members of a protected class are not
geographically compact or concentrated may not preclude
establishing racially polarized voting or finding a violation of
Section 5.004 but may be a factor in determining an appropriate
remedy for a violation of that section.
(d) Proof of intent on the part of the voters or elected
officials to discriminate against a protected class is not
required.
(e) Other factors such as the history of discrimination, the
use of electoral devices or other voting practices or procedures
that may enhance the dilutive effects of a method of election,
denial of access to those processes determining which groups of
candidates will receive financial or other support in a given
election, the extent to which members of a protected class bear the
effects of past discrimination in areas such as education,
employment, and health, which hinder their ability to participate
effectively in the political process, and the use of overt or subtle
racial appeals in political campaigns are probative, but not
necessary factors to establish a violation of Section 5.004.
Sec. 5.006. REMEDY. On a finding of a violation of Section
5.004, the court shall implement appropriate remedies, including
the imposition of district-based elections, that are tailored to
remedy the violation.
Sec. 5.007. CIVIL ACTION. Any voter who is a member of a
protected class and who resides in a political subdivision where a
violation of Section 5.004 is alleged may bring a civil action to
enforce that section.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.