Texas 2019 - 86th Regular

Texas House Bill HB3421 Compare Versions

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

Old	New	Differences
1	1	86R9607 JRJ-F
2	2	By: González of El Paso H.B. No. 3421
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Independent Citizen Redistricting Commission.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Title 5, Government Code, is
10	10	amended to read as follows:
11	11	TITLE 5. OPEN GOVERNMENT; ETHICS; REDISTRICTING
12	12	SECTION 2. Title 5, Government Code, is amended by adding
13	13	Subtitle C to read as follows:
14	14	SUBTITLE C. REDISTRICTING
15	15	CHAPTER 581. INDEPENDENT CITIZEN REDISTRICTING COMMISSION
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 581.001. DEFINITIONS. In this chapter:
18	18	(1) "Census year" means a calendar year in which the
19	19	United States decennial census is taken.
20	20	(2) "Commission" means the Independent Citizen
21	21	Redistricting Commission.
22	22	(3) "Immediate family member" means a person's spouse,
23	23	parent, child, sibling, in-law, or other individual with whom the
24	24	person has a bona fide family relationship established through
25	25	blood or legal relation.
26	26	(4) "Majority party" means, with respect to a
27	27	commission member, the political party with the most total votes
28	28	cast in the four statewide primary elections preceding the member's
29	29	appointment.
30	30	(5) "Minority party" means, with respect to a
31	31	commission member, the political party with the second highest
32	32	number of total votes cast in the four statewide primary elections
33	33	preceding the member's appointment.
34	34	(6) "Statewide primary election" means an election
35	35	held by a political party to select its nominee for governor or for
36	36	President of the United States. The term does not include a runoff
37	37	primary election.
38	38	Sec. 581.002. REDISTRICTING AUTHORITY. The Independent
39	39	Citizen Redistricting Commission exercises the legislative
40	40	authority of this state to adopt redistricting plans for the
41	41	election of the members of the United States House of
42	42	Representatives elected from this state. A plan for congressional
43	43	districts may be established or modified only by the commission as
44	44	provided by this chapter.
45	45	SUBCHAPTER B. MEMBERSHIP; POWERS AND DUTIES
46	46	Sec. 581.051. COMMISSION. (a) Not later than December 31
47	47	of each census year, the members of the Independent Citizen
48	48	Redistricting Commission shall be appointed and the commission
49	49	shall commence the redistricting process for the election of the
50	50	members of the United States House of Representatives elected from
51	51	this state in connection with the census taken that year.
52	52	(b) The commission members shall:
53	53	(1) conduct an open and transparent process enabling
54	54	full public consideration of, and comment on, the drawing of
55	55	district lines;
56	56	(2) draw district lines according to the redistricting
57	57	criteria specified in this chapter; and
58	58	(3) conduct themselves with integrity and fairness.
59	59	(c) The selection process for commission members is
60	60	designed to produce a commission that is independent from
61	61	legislative influence and reasonably representative of this
62	62	state's diversity.
63	63	(d) The commission consists of 14 members as follows:
64	64	(1) five majority party members, each of whom:
65	65	(A) voted in at least two of the statewide
66	66	primary elections in the five years preceding the member's
67	67	appointment held by the majority party;
68	68	(B) did not vote in any of the four statewide
69	69	primary elections preceding the member's appointment held by a
70	70	political party other than the majority party; and
71	71	(C) voted in at least two of the three general
72	72	elections preceding the member's appointment in which the office of
73	73	governor or President of the United States appeared on the ballot;
74	74	(2) five minority party members who:
75	75	(A) voted in at least two of the statewide
76	76	primary elections in the five years preceding the member's
77	77	appointment held by the minority party;
78	78	(B) did not vote in any of the four statewide
79	79	primary elections preceding the member's appointment held by a
80	80	political party other than the minority party; and
81	81	(C) voted in at least two of the three general
82	82	elections preceding the member's appointment in which the office of
83	83	governor or President of the United States appeared on the ballot;
84	84	and
85	85	(3) four independent members who:
86	86	(A) did not vote in any statewide primary
87	87	elections in the five years preceding the member's appointment; and
88	88	(B) voted in at least two of the three general
89	89	elections preceding the member's appointment in which the office of
90	90	governor or President of the United States appeared on the ballot.
91	91	Sec. 581.052. TERM OF OFFICE. The term of office of each
92	92	commission member expires at the time the first commission member
93	93	is appointed in the next census year.
94	94	Sec. 581.053. QUORUM AND VOTING. Nine commission members
95	95	constitute a quorum. The affirmative vote of at least nine
96	96	commission members is required for any official commission action.
97	97	Each final redistricting map must be approved by the affirmative
98	98	vote of at least nine commission members, including at least three
99	99	majority party members, at least three minority party members, and
100	100	at least three independent members, as provided by Section
101	101	581.051(d).
102	102	Sec. 581.054. PROHIBITED ACTIVITIES. A commission member
103	103	is ineligible for a period of 10 years beginning on the date of
104	104	appointment to hold a federal, state, or county office elected from
105	105	this state. A commission member is ineligible for a period of five
106	106	years beginning on the date of appointment to:
107	107	(1) hold an appointed federal office representing this
108	108	state;
109	109	(2) hold an appointed state or local office in this
110	110	state;
111	111	(3) serve as a paid employee of or as a paid consultant
112	112	to:
113	113	(A) a member of the United States Congress
114	114	elected from this state;
115	115	(B) the legislature; or
116	116	(C) a member of the legislature; or
117	117	(4) register as a lobbyist in this state.
118	118	Sec. 581.055. APPLICATIONS. (a) Not later than January 1
119	119	of each census year, the state auditor shall initiate an
120	120	application process for commission members.
121	121	(b) The process must be open to all registered voters of
122	122	this state and promote a diverse and qualified applicant pool.
123	123	Sec. 581.056. APPLICANT REVIEW PANEL. (a) The state
124	124	auditor shall establish an applicant review panel consisting of
125	125	three interested citizens to screen applicants. The state auditor
126	126	shall randomly draw the names of three interested citizens from a
127	127	pool consisting of all citizens who have applied under procedures
128	128	established by the state auditor to serve on the applicant review
129	129	panel. The state auditor shall draw until the names of three
130	130	interested citizens have been drawn, including:
131	131	(1) one who would qualify as a majority party member of
132	132	the commission under Section 581.051(d)(1);
133	133	(2) one who would qualify as a minority party member of
134	134	the commission under Section 581.051(d)(2); and
135	135	(3) one who would qualify as an independent member of
136	136	the commission under Section 581.051(d)(3).
137	137	(b) After the drawing under Subsection (a), the state
138	138	auditor shall notify the three citizens whose names have been drawn
139	139	that they have been selected to serve on the panel. If any of the
140	140	three citizens decline to serve on the panel, the state auditor
141	141	shall resume the random drawing until three citizens who meet the
142	142	requirements of Subsection (a) have agreed to serve on the panel.
143	143	(c) An individual may not serve on the panel if the
144	144	individual has a conflict of interest described by Section 581.057.
145	145	Sec. 581.057. CONFLICTS OF INTEREST. (a) The state auditor
146	146	shall remove an applicant with a conflict of interest from the
147	147	applicant pool, including an applicant:
148	148	(1) who at any point during the 10 years preceding the
149	149	application date:
150	150	(A) was appointed or elected to, or was a
151	151	candidate for, federal or state office;
152	152	(B) served as an officer, employee, or paid
153	153	consultant of a political party or of the campaign committee of a
154	154	candidate for elective federal or state office;
155	155	(C) served as an elected or appointed member of a
156	156	political party's executive committee;
157	157	(D) was a registered lobbyist;
158	158	(E) served as a paid staff member for Congress;
159	159	or
160	160	(F) contributed at least $2,000 or the amount
161	161	provided by Subsection (b) to any congressional or state candidate
162	162	for elective public office in any year;
163	163	(2) with an immediate family member who would be
164	164	disqualified as an applicant under Subdivision (1); or
165	165	(3) who is an employee of, a consultant to, party to a
166	166	contract with, or an immediate family member of the governor, a
167	167	member of the legislature, or a member of Congress.
168	168	(b) Beginning in 2029, on January 1 of each year ending in
169	169	the numeral 9, the contribution amount prescribed by Subsection
170	170	(a)(1)(F) is increased or decreased by an amount equal to the amount
171	171	prescribed by that paragraph on December 31 of the preceding year
172	172	multiplied by the percentage increase or decrease during the
173	173	preceding decade in the Consumer Price Index for All Urban
174	174	Consumers (CPI-U), U.S. City Average, as published by the United
175	175	States Bureau of Labor Statistics or its successor in function.
176	176	Sec. 581.058. SELECTION OF APPLICANT SUBPOOLS. (a) After
177	177	removing individuals with conflicts of interest from the applicant
178	178	pool under Section 581.057, the state auditor shall, not later than
179	179	August 1 of each census year, publicize the names of individuals in
180	180	the applicant pool.
181	181	(b) From the applicant pool described by Subsection (a), the
182	182	applicant review panel shall select:
183	183	(1) a majority subpool consisting of 20 of the most
184	184	qualified applicants who would qualify as majority party members
185	185	under Section 581.051(d)(1);
186	186	(2) a minority subpool consisting of 20 of the most
187	187	qualified applicants who would qualify as minority party members
188	188	under Section 581.051(d)(2); and
189	189	(3) an independent subpool consisting of 20 of the
190	190	most qualified applicants who would qualify as independent members
191	191	under Section 581.051(d)(3).
192	192	(c) The applicant review panel shall select the members of
193	193	the applicant subpools based on relevant analytical skills, ability
194	194	to be impartial, and appreciation for this state's diverse
195	195	demographics and geography.
196	196	(d) Not later than October 1 of each census year, the
197	197	applicant review panel shall present the members of the applicant
198	198	subpools to the caucus leaders of the majority party and minority
199	199	party of each house of the legislature as described by Section
200	200	581.059.
201	201	(e) Before presenting the applicant subpools as provided by
202	202	Subsection (d), a member of the applicant review panel may not
203	203	communicate with:
204	204	(1) a member, or a representative of a member, of
205	205	Congress about any matter related to the selection process; or
206	206	(2) a member of the applicant pool.
207	207	Sec. 581.059. STRIKES BY CAUCUS LEADERS. (a) Not later
208	208	than November 15 of each census year, the caucus leaders of the
209	209	majority party and minority party of each house of the legislature
210	210	may each strike up to two applicants from each applicant subpool
211	211	under Section 581.058(b), for a total of eight possible strikes per
212	212	applicant subpool.
213	213	(b) After all strikes have been made as provided by
214	214	Subsection (a), the caucus leaders shall present the remaining
215	215	members of each applicant subpool to the state auditor.
216	216	Sec. 581.060. DRAWING TO SELECT FIRST EIGHT COMMISSION
217	217	MEMBERS. Not later than November 20 of each census year, the state
218	218	auditor shall select the first eight members of the commission by
219	219	randomly drawing:
220	220	(1) three applicants from the majority subpool who
221	221	were not struck under Section 581.059;
222	222	(2) three applicants from the minority subpool who
223	223	were not struck under Section 581.059; and
224	224	(3) two applicants from the independent subpool who
225	225	were not struck under Section 581.059.
226	226	Sec. 581.061. APPOINTMENT OF SECOND SIX COMMISSION MEMBERS.
227	227	(a) Not later than December 31 of each census year, the eight
228	228	commission members selected under Section 581.060 shall review the
229	229	remaining names in each applicant subpool and appoint to the
230	230	commission:
231	231	(1) two remaining applicants from the majority subpool
232	232	who were not struck under Section 581.059;
233	233	(2) two remaining applicants from the minority subpool
234	234	who were not struck under Section 581.059; and
235	235	(3) two remaining applicants from the independent
236	236	subpool who were not struck under Section 581.059.
237	237	(b) An appointment under Subsection (a) must be approved by
238	238	at least five affirmative votes of commission members selected
239	239	under Section 581.060, including at least two votes of commission
240	240	members drawn from the majority subpool, at least two votes of
241	241	commission members drawn from the minority subpool, and at least
242	242	one vote of a commission member drawn from the independent subpool.
243	243	(c) In making appointments under Subsection (a), the
244	244	commission members shall ensure that the commission reflects this
245	245	state's diversity, including racial, ethnic, geographic, and
246	246	gender diversity. However, the legislature does not intend that
247	247	formulas or specific ratios be applied for this purpose.
248	248	(d) Appointments under Subsection (a) shall also be made
249	249	based on relevant analytical skills and the ability to be
250	250	impartial.
251	251	SUBCHAPTER C. ORGANIZATION OF COMMISSION
252	252	Sec. 581.101. OFFICERS. The commission shall select by a
253	253	vote of at least two-thirds of its members one member as chair and
254	254	one member as vice chair. The chair and vice chair may not both be
255	255	majority party members, minority party members, or independent
256	256	members as described by Section 581.051(d).
257	257	Sec. 581.102. REMOVAL OF COMMISSION MEMBER. (a) After
258	258	having been served written notice and provided with an opportunity
259	259	for a response, a commission member may be removed by the governor
260	260	with the concurrence of two-thirds of the members of the senate for
261	261	substantial neglect of duty, gross misconduct in office, or
262	262	inability to discharge the duties of office.
263	263	(b) A commission member removed for substantial neglect of
264	264	duty or gross misconduct in office may be referred to the attorney
265	265	general for criminal investigation or to an appropriate
266	266	administrative agency for investigation.
267	267	Sec. 581.103. VACANCY. (a) A vacancy on the commission
268	268	shall be filled, not later than the 30th day after the date the
269	269	vacancy occurs, by appointment by the commission of a remaining
270	270	applicant who was not struck under Section 581.059 from the same
271	271	applicant subpool as the vacating member.
272	272	(b) If a vacancy on the commission occurs and no applicant
273	273	from the same applicant subpool as the vacating member is available
274	274	for appointment to the commission, the state auditor and an
275	275	applicant review panel shall solicit and select an appropriate
276	276	number of new applicants for the applicable subpool using, to the
277	277	extent practicable, the procedures provided by Sections 581.055,
278	278	581.056, 581.057, and 581.058(a)-(c) but disregarding the
279	279	deadlines provided by those sections. The commission shall fill the
280	280	vacancy as soon as practicable by appointment of one of the new
281	281	applicants described by this subsection.
282	282	Sec. 581.104. BUDGET. The legislature may appropriate to
283	283	the state auditor, the secretary of state, and the commission
284	284	amounts sufficient to implement the redistricting process required
285	285	by this chapter.
286	286	SUBCHAPTER D. COMMISSION POWERS AND DUTIES
287	287	Sec. 581.151. REDISTRICTING PLAN; STANDARDS. (a) The
288	288	commission shall establish districts described by Section 581.002
289	289	through a mapping process using the following criteria in the
290	290	following order of priority:
291	291	(1) districts must comply with the United States
292	292	Constitution;
293	293	(2) districts must achieve population equality as
294	294	nearly as is practicable;
295	295	(3) districts must comply with the federal Voting
296	296	Rights Act of 1965 (52 U.S.C. Section 10101 et seq.);
297	297	(4) districts must be geographically contiguous;
298	298	(5) the geographic integrity of each municipality,
299	299	county, local neighborhood, and local community of interest must be
300	300	respected in a manner that minimizes its division to the extent
301	301	possible without violating the requirements of any of the preceding
302	302	subdivisions; and
303	303	(6) to the extent practicable and to the extent that
304	304	compliance with this subdivision does not preclude compliance with
305	305	any of the preceding subdivisions, districts must be drawn to
306	306	encourage geographical compactness so that nearby areas of
307	307	population are not bypassed for more distant population.
308	308	(b) For purposes of Subsection (a)(5), a community of
309	309	interest is a contiguous population that shares common social and
310	310	economic interests that should be included within a single district
311	311	for purposes of that population's effective and fair
312	312	representation. Communities of interest may not be determined
313	313	based on relationships with political parties, incumbents, or
314	314	political candidates.
315	315	(c) The place of residence of any incumbent or political
316	316	candidate may not be considered in the creation of a map. Districts
317	317	may not be drawn for the purpose of favoring or discriminating
318	318	against an incumbent, political candidate, or political party.
319	319	(d) Not later than September 15 of each year following a
320	320	census year, the commission shall approve a final map that sets
321	321	forth the boundary lines of the districts for the election of the
322	322	members of the United States House of Representatives elected from
323	323	this state. On approval, the commission shall certify each final
324	324	map to the secretary of state.
325	325	(e) The commission shall issue, with the final map, a report
326	326	that explains the basis on which the commission made its decisions
327	327	in achieving compliance with the criteria listed in Subsection (a)
328	328	and shall include definitions of the terms and standards used in
329	329	drawing the final map.
330	330	(f) If the commission fails to approve a final map with the
331	331	vote and by the date required by this section, the secretary of
332	332	state shall immediately petition the supreme court for an order
333	333	directing the appointment of special masters to adjust the boundary
334	334	lines of the districts required to be included in that map in
335	335	accordance with the redistricting criteria and requirements
336	336	provided by Subsections (a), (b), and (c). On approval of the
337	337	special masters' map, the Texas Supreme Court shall certify the map
338	338	to the secretary of state and the map constitutes the certified
339	339	final map for the districts included in the map.
340	340	(g) The boundary lines of the districts contained in a
341	341	certified final map apply beginning with the next statewide general
342	342	election and any corresponding primary elections.
343	343	Sec. 581.152. OPEN MEETINGS. (a) The commission is a
344	344	governmental body for purposes of Chapter 551.
345	345	(b) Notwithstanding Chapter 551, the secretary of state
346	346	must post notice on the secretary of state's Internet website of a
347	347	meeting of the commission for at least:
348	348	(1) 14 days before the date of a meeting, other than a
349	349	meeting described by Subdivision (2); or
350	350	(2) three days before the date of a meeting held in
351	351	September of a year following a census year.
352	352	(c) Except in a closed meeting authorized by Subchapter D,
353	353	Chapter 551, a member or employee of the commission may not
354	354	communicate with or knowingly receive communications about a
355	355	redistricting matter from anyone outside of an open meeting.
356	356	Sec. 581.153. PUBLIC INFORMATION. (a) The commission is a
357	357	governmental body for purposes of Chapter 552.
358	358	(b) The commission shall post information relating to
359	359	redistricting and all data considered by the commission in a manner
360	360	that ensures immediate and widespread public access.
361	361	Sec. 581.154. EMPLOYEES AND CONTRACTORS. (a) The
362	362	commission may hire employees and hire or contract with legal
363	363	counsel and consultants as needed in the manner provided by this
364	364	section.
365	365	(b) The commission must make hiring, removal, or
366	366	contracting decisions for employees, legal counsel, and
367	367	consultants by the affirmative vote of at least nine members,
368	368	including at least three majority party members, at least three
369	369	minority party members, and at least three independent members as
370	370	described by Section 581.051(d).
371	371	(c) The commission shall ensure that at least one of the
372	372	legal counsel hired by the commission has demonstrated extensive
373	373	experience and expertise in implementing and enforcing the federal
374	374	Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).
375	375	(d) The commission shall establish for individuals
376	376	described by Subsection (a):
377	377	(1) clear criteria for hiring and removal;
378	378	(2) communication protocols; and
379	379	(3) a code of conduct.
380	380	(e) To the extent practicable, the commission shall avoid
381	381	selecting employees, legal counsel, or consultants who would be
382	382	disqualified from commission membership because of a conflict of
383	383	interest described by Section 581.057(a).
384	384	Sec. 581.155. PUBLIC OUTREACH. (a) The commission shall
385	385	establish and implement an open hearing process for public input
386	386	and deliberation that is subject to public notice and promoted
387	387	through a thorough outreach program to solicit broad public
388	388	participation in the redistricting public review process.
389	389	(b) The hearing process must include hearings to receive
390	390	public input before the commission draws any maps and hearings
391	391	following the drawing and display of any commission maps. In
392	392	addition, the commission shall supplement hearings with other
393	393	appropriate activities to further increase opportunities for the
394	394	public to observe and participate in the review process.
395	395	(c) The commission shall hold a public hearing in each
396	396	proposed district and display maps for public comment in a manner
397	397	designed to achieve the widest public access reasonably possible.
398	398	(d) The commission shall publicly display a preliminary map
399	399	for congressional districts and shall accept public comment for at
400	400	least 14 days after the date the preliminary map is first publicly
401	401	displayed. The commission may not display any other maps for public
402	402	comment during that 14-day period.
403	403	(e) The commission shall review all public comment and other
404	404	testimony received at each hearing and make any necessary revisions
405	405	before approving a final map.
406	406	(f) A hearing conducted under this section must be recorded
407	407	on videotape or a functionally similar and widely available medium
408	408	and made publicly available on the legislature's Internet website
409	409	not later than 48 hours after the hearing.
410	410	Sec. 581.156. LEGAL CHALLENGE. (a) The commission has sole
411	411	standing to defend a legal challenge to a final map certified under
412	412	Section 581.151 before a court other than the supreme court or a
413	413	court of appeals. The legislature may provide adequate funding and
414	414	other resources to the commission to defend a certified final map.
415	415	The attorney general shall, at the commission's request, represent
416	416	the commission in defense of a certified final map. The commission
417	417	may, in its sole discretion, retain legal counsel other than the
418	418	attorney general to represent the commission in defense of a
419	419	certified final map before a court other than the supreme court or a
420	420	court of appeals.
421	421	(b) Any registered voter in this state may file a petition
422	422	for a writ of mandamus or writ of prohibition, not later than the
423	423	45th day after a final map is certified to the secretary of state,
424	424	to bar the secretary of state from implementing the map on the
425	425	grounds that the map violates the Texas Constitution, the United
426	426	States Constitution, or any federal or state statute.
427	427	(c) If the court determines that a final certified map
428	428	violates the Texas Constitution, the United States Constitution, or
429	429	any federal or state statute, the court shall fashion the relief
430	430	that the court deems appropriate, including the relief described by
431	431	Section 581.151(f).
432	432	SUBCHAPTER E. ADMINISTRATIVE SUPPORT AND OTHER RESOURCES
433	433	Sec. 581.201. ADMINISTRATIVE SUPPORT BY SECRETARY OF STATE.
434	434	Following the appointment of new commission members in each census
435	435	year, the secretary of state shall provide administrative support
436	436	to the commission until the commission's staff and office are fully
437	437	functional.
438	438	Sec. 581.202. PER DIEM AND EXPENSES. (a) A commission
439	439	member is entitled to a per diem of $300 or the amount provided by
440	440	Subsection (b) for each day the member is engaged in commission
441	441	business.
442	442	(b) Beginning in 2030, on January 1 of each census year the
443	443	per diem amount prescribed by Subsection (a) is increased or
444	444	decreased by an amount equal to the amount prescribed by that
445	445	subsection on December 31 of the preceding year multiplied by the
446	446	percentage increase or decrease during the preceding decade in the
447	447	Consumer Price Index for All Urban Consumers (CPI-U), U.S. City
448	448	Average, as published by the United States Bureau of Labor
449	449	Statistics or its successor in function.
450	450	(c) A commission member is eligible for reimbursement of
451	451	expenses incurred in connection with the member's performance of
452	452	duties under this chapter.
453	453	(d) For purposes of calculating expense reimbursement, a
454	454	member's residence is considered to be the member's place of
455	455	employment.
456	456	SECTION 3. Section 2058.002(a), Government Code, is amended
457	457	to read as follows:
458	458	(a) The legislature, the Independent Citizen Redistricting
459	459	Commission, or the Legislative Redistricting Board under Section
460	460	28, Article III, [Section 28, of the] Texas Constitution, may
461	461	officially recognize or act on a federal decennial census before
462	462	September 1 of the year after the calendar year during which the
463	463	census was taken.
464	464	SECTION 4. This Act takes effect January 1, 2020.