1 | 1 | | 86R1799 BEF-F |
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2 | 2 | | By: González of Dallas H.J.R. No. 124 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A JOINT RESOLUTION |
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6 | 6 | | proposing a constitutional amendment establishing procedures for |
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7 | 7 | | public involvement in redistricting of state legislative districts |
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8 | 8 | | and congressional districts. |
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9 | 9 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. The Texas Constitution is amended by adding |
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11 | 11 | | Article XVIII to read as follows: |
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12 | 12 | | ARTICLE XVIII |
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13 | 13 | | Sec. 1. In this article: |
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14 | 14 | | (1) "Redistricting plan" means a plan for dividing |
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15 | 15 | | this state into senatorial districts, representative districts, or |
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16 | 16 | | congressional districts. |
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17 | 17 | | (2) "Website" means an Internet website under Section |
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18 | 18 | | 2 of this article. |
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19 | 19 | | Sec. 2. (a) The legislature shall ensure that, as soon as |
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20 | 20 | | practicable after a federal decennial census is taken but not later |
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21 | 21 | | than February 1 of the year following the year in which that census |
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22 | 22 | | is taken, the public has access to an Internet website with |
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23 | 23 | | information about the legislature's redistricting activities based |
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24 | 24 | | on that census. |
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25 | 25 | | (b) The legislature shall ensure that the website: |
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26 | 26 | | (1) is continuously updated to provide advance notice |
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27 | 27 | | of public hearings, committee meetings, and legislative debates on |
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28 | 28 | | redistricting plans; |
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29 | 29 | | (2) contains the most recent available information |
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30 | 30 | | regarding voting age population, voter registration, and election |
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31 | 31 | | returns for election precincts and census tracts in this state, |
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32 | 32 | | including detailed maps depicting that information; |
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33 | 33 | | (3) allows individuals to submit comments on any |
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34 | 34 | | redistricting plan being considered by the legislature and to |
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35 | 35 | | submit questions, comments, and other information regarding the |
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36 | 36 | | legislature's redistricting activities; and |
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37 | 37 | | (4) includes any other information required under this |
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38 | 38 | | article. |
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39 | 39 | | (c) Except as otherwise provided by this subsection, the |
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40 | 40 | | legislature shall ensure that any comment submitted to the website |
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41 | 41 | | by a member of the public regarding a redistricting plan or |
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42 | 42 | | otherwise related to redistricting is publicly available on the |
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43 | 43 | | website not later than 72 hours after submission. The legislature |
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44 | 44 | | may exclude from the website obscene, threatening, harassing, or |
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45 | 45 | | similarly offensive comments or comments unrelated to |
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46 | 46 | | redistricting but shall provide copies of those comments to adult |
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47 | 47 | | members of the public on request. |
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48 | 48 | | (d) The legislature shall ensure that the information |
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49 | 49 | | required to be included on the website relating to the |
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50 | 50 | | legislature's redistricting activities based on a federal |
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51 | 51 | | decennial census remains accessible to the public on that website |
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52 | 52 | | until the website relating to the legislature's redistricting |
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53 | 53 | | activities based on the next federal decennial census is |
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54 | 54 | | established. |
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55 | 55 | | Sec. 3. During the 60 days after the day this state receives |
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56 | 56 | | notice of the apportionment of United States representatives and |
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57 | 57 | | before considering any redistricting plan, the standing committees |
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58 | 58 | | of the senate and the house of representatives with primary |
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59 | 59 | | jurisdiction over redistricting shall solicit input from members of |
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60 | 60 | | the public regarding the legislature's criteria and procedures for |
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61 | 61 | | considering redistricting plans by: |
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62 | 62 | | (1) publishing and posting on the website those |
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63 | 63 | | criteria and procedures; |
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64 | 64 | | (2) holding public hearings in the manner provided by |
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65 | 65 | | Section 6 of this article; and |
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66 | 66 | | (3) publishing and posting on the website a transcript |
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67 | 67 | | of or link to a video recording of each hearing not later than the |
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68 | 68 | | seventh day after conclusion of the hearing. |
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69 | 69 | | Sec. 4. (a) A committee of the senate shall post the |
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70 | 70 | | information required by Subsections (b) and (c) of this section |
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71 | 71 | | regarding a redistricting plan at least 10 days before reporting a |
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72 | 72 | | senate bill to enact the plan from the committee. A committee of |
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73 | 73 | | the house of representatives shall post the information required by |
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74 | 74 | | Subsections (b) and (c) of this section regarding a redistricting |
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75 | 75 | | plan at least 10 days before reporting a house bill to enact the |
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76 | 76 | | plan from the committee. |
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77 | 77 | | (b) For each plan subject to Subsection (a) of this section, |
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78 | 78 | | a committee shall post on the website and, if practicable, publish |
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79 | 79 | | in newspapers of general circulation throughout the state: |
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80 | 80 | | (1) a map showing each district in the plan; |
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81 | 81 | | (2) for each district in the plan: |
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82 | 82 | | (A) the total population and voting age |
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83 | 83 | | population of the district, including a breakdown of those |
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84 | 84 | | populations by race and by membership in language minority groups; |
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85 | 85 | | and |
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86 | 86 | | (B) the number of registered voters in the |
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87 | 87 | | district including, to the extent available, a breakdown of that |
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88 | 88 | | number by political party affiliation, race, and membership in |
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89 | 89 | | language minority groups; |
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90 | 90 | | (3) a statement explaining the committee's reasons for |
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91 | 91 | | proposing adoption of the plan and reasons why the proposed |
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92 | 92 | | adoption will best serve the public interest; |
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93 | 93 | | (4) any dissenting statement provided by a member of |
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94 | 94 | | the committee who did not approve the plan; and |
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95 | 95 | | (5) notice that members of the public may submit |
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96 | 96 | | comments regarding the plan through the website, at a public |
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97 | 97 | | hearing, or by any other available means. |
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98 | 98 | | (c) A committee shall post on the website a machine-readable |
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99 | 99 | | file containing the information described by Subsections (b)(1) and |
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100 | 100 | | (2) of this section. |
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101 | 101 | | (d) A committee shall hold public hearings on a proposed |
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102 | 102 | | redistricting plan in the manner required by Section 7 of this |
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103 | 103 | | article. |
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104 | 104 | | (e) A committee shall publish and post on the website a |
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105 | 105 | | transcript of or link to a video recording of each hearing not later |
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106 | 106 | | than the seventh day after conclusion of the hearing. |
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107 | 107 | | (f) A new or amended version of a redistricting plan that |
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108 | 108 | | has previously been subject to notice or a hearing under this |
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109 | 109 | | section is separately subject to the requirements of Subsections |
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110 | 110 | | (a) and (d) of this section unless the committee determines that |
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111 | 111 | | compliance with those requirements is likely to prevent adoption of |
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112 | 112 | | the plan before the end of the legislative session. |
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113 | 113 | | Sec. 5. Not later than the seventh day after the day the |
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114 | 114 | | legislature passes a bill enacting a redistricting plan, the |
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115 | 115 | | legislature shall post on the website and, if practicable, publish |
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116 | 116 | | in newspapers of general circulation throughout the state: |
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117 | 117 | | (1) a map showing each district in the plan; |
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118 | 118 | | (2) for each district in the plan: |
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119 | 119 | | (A) the total population and voting age |
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120 | 120 | | population of the district, including a breakdown of those |
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121 | 121 | | populations by race and by membership in language minority groups; |
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122 | 122 | | and |
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123 | 123 | | (B) the number of registered voters in the |
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124 | 124 | | district including, to the extent available, a breakdown of that |
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125 | 125 | | number by political party affiliation, race, and membership in |
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126 | 126 | | language minority groups; |
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127 | 127 | | (3) statements by the president of the senate and the |
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128 | 128 | | speaker of the house of representatives explaining the |
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129 | 129 | | legislature's reasons for adopting the plan and reasons why |
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130 | 130 | | adoption of the plan will best serve the public interest; and |
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131 | 131 | | (4) any dissenting statement provided by a member of |
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132 | 132 | | the legislature who did not approve the plan. |
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133 | 133 | | Sec. 6. (a) This section applies to the hearings required |
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134 | 134 | | by Section 3 of this article. |
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135 | 135 | | (b) The standing committees of the senate and the house of |
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136 | 136 | | representatives with primary jurisdiction over redistricting shall |
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137 | 137 | | jointly hold at least five public hearings on redistricting |
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138 | 138 | | criteria and procedures before considering any redistricting plan. |
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139 | 139 | | (c) The committees shall hold each joint hearing in a |
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140 | 140 | | different congressional district in this state, including one joint |
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141 | 141 | | hearing in the congressional district with the greatest change in |
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142 | 142 | | population since the previous congressional apportionment. The |
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143 | 143 | | committees shall consider holding other joint hearings in |
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144 | 144 | | congressional districts that have experienced large changes in |
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145 | 145 | | population. |
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146 | 146 | | (d) The committees shall provide public notice at least |
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147 | 147 | | seven days before each joint hearing. The notice must include the |
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148 | 148 | | time and location of the joint hearing and notice that members of |
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149 | 149 | | the public may provide comments on the criteria and procedures the |
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150 | 150 | | committees will use to consider redistricting plans and on other |
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151 | 151 | | issues related to redistricting. |
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152 | 152 | | (e) The committees shall allow individuals at remote |
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153 | 153 | | locations throughout the state to view and provide public testimony |
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154 | 154 | | at the joint hearings by videoconference. |
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155 | 155 | | Sec. 7. (a) This section applies to the hearings required |
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156 | 156 | | by Section 4(d) of this article. |
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157 | 157 | | (b) Except as otherwise provided by this subsection, a |
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158 | 158 | | committee of the senate shall hold at least five public hearings on |
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159 | 159 | | a senate bill to enact a redistricting plan before reporting the |
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160 | 160 | | bill from the committee and a committee of the house of |
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161 | 161 | | representatives shall hold at least five public hearings on a house |
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162 | 162 | | bill to enact a redistricting plan before reporting the bill from |
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163 | 163 | | the committee. A committee may hold fewer than five hearings if the |
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164 | 164 | | committee determines that holding one or more of the hearings is |
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165 | 165 | | likely to prevent adoption of the plan before the end of the |
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166 | 166 | | legislative session. |
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167 | 167 | | (c) Except as otherwise provided by this subsection, a |
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168 | 168 | | committee shall hold each hearing in a different congressional |
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169 | 169 | | district in this state, including one hearing in the congressional |
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170 | 170 | | district with the greatest change in population since the previous |
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171 | 171 | | decennial congressional apportionment. If the committee is unable |
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172 | 172 | | to hold hearings throughout the state, the committee shall allow |
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173 | 173 | | public participation in the hearings from various congressional |
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174 | 174 | | districts throughout this state by videoconference. |
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175 | 175 | | (d) A committee shall provide public notice at least seven |
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176 | 176 | | days before each hearing. The notice must include the time and |
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177 | 177 | | location of the hearing, notice that members of the public may |
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178 | 178 | | attend the hearing and provide comments on the plan, and notice that |
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179 | 179 | | members of the committee will be available at the hearing to explain |
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180 | 180 | | the reasons why adoption of the plan will best serve the public |
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181 | 181 | | interest. |
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182 | 182 | | (e) A committee shall allow individuals at remote locations |
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183 | 183 | | throughout the state to view and provide public testimony at the |
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184 | 184 | | hearings by videoconference. |
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185 | 185 | | SECTION 2. This proposed constitutional amendment shall be |
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186 | 186 | | submitted to the voters at an election to be held November 5, 2019. |
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187 | 187 | | The ballot shall be printed to permit voting for or against the |
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188 | 188 | | proposition: "The constitutional amendment establishing procedures |
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189 | 189 | | for public involvement in redistricting of state legislative |
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190 | 190 | | districts and congressional districts." |
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