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Texas Senate Bill SJR56

Texas 2019 - 86th Regular

Texas Senate Bill SJR56 Compare Versions

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11 86R10723 JRJ-D
22 By: West, Johnson S.J.R. No. 56
33
44
55 A JOINT RESOLUTION
66 proposing a constitutional amendment establishing the Texas
77 Redistricting Commission and providing redistricting procedures
88 for state legislative, state judicial, and congressional
99 districts.
1010 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 28, Article III, Texas Constitution, is
1212 amended to read as follows:
1313 Sec. 28. (a) In this section:
1414 (1) "Commission" means the Texas Redistricting
1515 Commission.
1616 (2) "Majority party" means the political party with
1717 the most members among the combined membership of the Texas Senate
1818 and the Texas House of Representatives.
1919 (3) "Minority party" means the political party with
2020 the second highest number of members among the combined membership
2121 of the Texas Senate and the Texas House of Representatives.
2222 (b) Following [The Legislature shall, at its first regular
2323 session after] the publication of each United States decennial
2424 census, [apportion] the state shall be apportioned into senatorial
2525 and representative districts, agreeable to the provisions of
2626 Sections 25 and 26 of this article [Article]. The legislature and
2727 the Texas Redistricting Commission exercise the legislative
2828 authority of this state to adopt redistricting plans for the
2929 election of the Texas House of Representatives, the Texas Senate,
3030 and the members of the United States House of Representatives
3131 elected from this state in the manner provided by this section and
3232 Section 28a of this article. Districts for those legislative
3333 bodies may not be established or changed except as provided by this
3434 section and Section 28a of this article.
3535 (c) The commission consists of the following seven members:
3636 (1) the governor;
3737 (2) the comptroller;
3838 (3) the secretary of state;
3939 (4) one member appointed by the speaker of the Texas
4040 House of Representatives;
4141 (5) one member appointed by majority vote of the party
4242 caucus for the political party with the most members in the Texas
4343 House of Representatives of which the speaker of the Texas House of
4444 Representatives is not a member;
4545 (6) one member appointed by the president of the Texas
4646 Senate; and
4747 (7) one member appointed by majority vote of the party
4848 caucus for the political party with the most members in the Texas
4949 Senate of which the president of the Texas Senate is not a member.
5050 (d) An appointed member of the commission may not be a
5151 current member of Congress.
5252 (e) Two members of the commission serve as co-chairs. One
5353 co-chair is selected by majority vote of the members of the Texas
5454 Senate and the Texas House of Representatives who belong to the
5555 majority party and one co-chair is selected by majority vote of the
5656 members of the Texas Senate and the Texas House of Representatives
5757 who belong to the minority party.
5858 (f) Except as otherwise provided by this section or Section
5959 28a of this article, a simple majority vote of the commission
6060 members is required for any action by the commission.
6161 (g) Except as provided by Subsection (h) of this section, a
6262 majority vote of the members of the commission, including at least
6363 one member of the commission who belongs to the majority party and
6464 at least one member of the commission who belongs to the minority
6565 party, is required to:
6666 (1) adopt rules of the commission;
6767 (2) hire staff for the commission; or
6868 (3) expend commission funds.
6969 (h) If the commission is unable to agree, by the vote
7070 required under Subsection (g) of this section, on the manner in
7171 which commission funds should be expended, each co-chair has the
7272 authority to expend one-half of the funds appropriated to the
7373 commission.
7474 (i) The affirmative vote of four members of the commission,
7575 including at least two members of the commission who belong to the
7676 majority party and two members of the commission who belong to the
7777 minority party, is required to adopt any redistricting plan for the
7878 Texas Senate or the Texas House of Representatives.
7979 (j) For purposes of this section and Section 28a of this
8080 article:
8181 (1) the governor is considered to belong to the
8282 governor's political party;
8383 (2) the comptroller is considered to belong to the
8484 comptroller's political party;
8585 (3) the secretary of state is considered to belong to
8686 the political party to which the governor who appointed the
8787 secretary of state belongs;
8888 (4) a member of the commission appointed by the
8989 president of the Texas Senate or the speaker of the Texas House of
9090 Representatives is considered to belong to the political party to
9191 which the person making the appointment belongs; and
9292 (5) a member of the commission selected by vote of a
9393 political party caucus is considered to belong to that political
9494 party.
9595 (k) At the first meeting of the commission, which the
9696 governor may convene only in a year ending in the numeral one,
9797 except as otherwise provided by this section, Section 28a of this
9898 article, and Section 7a, Article V, of this constitution, the
9999 commission shall set a schedule for the adoption of procedural
100100 rules for the operation of the commission.
101101 (l) Before adopting, but after introducing, a proposed
102102 redistricting plan for the Texas Senate or the Texas House of
103103 Representatives, the commission shall conduct at least three public
104104 hearings across the state to present the proposed plan and shall
105105 seek public input regarding the proposed plan.
106106 (m) All meetings of the commission are open to the public.
107107 The commission shall broadcast meetings by electronic means of
108108 transmission using a medium readily accessible by the general
109109 public.
110110 (n) The commission shall adopt final redistricting plans
111111 for the Texas Senate and the Texas House of Representatives not
112112 later than the first day of May of a year ending in the numeral one.
113113 After the commission adopts a final plan, the commission shall
114114 promptly file the plan with the secretary of state and [In the event
115115 the Legislature shall at any such first regular session following
116116 the publication of a United States decennial census, fail to make
117117 such apportionment, same shall be done by the Legislative
118118 Redistricting Board of Texas, which is hereby created, and shall be
119119 composed of five (5) members, as follows: The Lieutenant Governor,
120120 the Speaker of the House of Representatives, the Attorney General,
121121 the Comptroller of Public Accounts and the Commissioner of the
122122 General Land Office, a majority of whom shall constitute a quorum.
123123 Said Board shall assemble in the City of Austin within ninety (90)
124124 days after the final adjournment of such regular session. The Board
125125 shall, within sixty (60) days after assembling, apportion the state
126126 into senatorial and representative districts, or into senatorial or
127127 representative districts, as the failure of action of such
128128 Legislature may make necessary. Such apportionment shall be in
129129 writing and signed by three (3) or more of the members of the Board
130130 duly acknowledged as the act and deed of such Board, and,] when so
131131 [executed and] filed with the secretary of state [Secretary of
132132 State], the plan shall have force and effect of law. The plan
133133 becomes [Such apportionment shall become] effective at the next
134134 succeeding statewide general election.
135135 (o) If the commission does not adopt a redistricting plan
136136 for the Texas House of Representatives or the Texas Senate under
137137 Subsection (n) of this section on or before the last day of May of a
138138 year ending in the numeral one, then the legislature shall adopt a
139139 plan for either or both legislative bodies, as necessary, in the
140140 form of a bill not later than the last day of June of that year.
141141 (o-1) If the legislature adopts a plan under Subsection (o)
142142 of this section by the affirmative vote of at least three-fifths of
143143 the members of each house of the legislature, including the
144144 affirmative vote of at least one-third of the members of the
145145 majority party and at least one-third of the members of the minority
146146 party in each house, and the plan becomes law, the plan remains
147147 effective until the next year ending in the numeral one, except as
148148 provided in Subsection (u) of this section.
149149 (o-2) If the legislature adopts a plan under Subsection (o)
150150 of this section by the affirmative vote of at least one-half of the
151151 members of each house of the legislature, but not by the vote
152152 required by Subsection (o-1) of this section, then the following
153153 requirements apply to the plan:
154154 (1) the legislature may not adopt a plan that unduly
155155 favors or disfavors a political party or its incumbents;
156156 (2) the legislature may not unduly split political
157157 subdivisions, giving preference to keeping counties whole, then to
158158 keeping municipalities whole;
159159 (3) the legislature shall attempt to draw districts
160160 that are compact; and
161161 (4) the legislature must include in the plan an
162162 explanation of the plan's compliance with Subdivisions (1), (2),
163163 and (3) of this subsection.
164164 (o-3) A plan adopted in the manner provided by Subsection
165165 (o-2) of this section that becomes law remains effective until two
166166 general elections for the legislative body to which the plan
167167 applies have occurred under the plan, except as provided in
168168 Subsection (u) of this section.
169169 (p) Not later than the last day of May of the year after the
170170 year in which a plan expires under Subsection (o-3) of this section,
171171 the commission shall be reconstituted, reconvene, and adopt a plan
172172 by the affirmative vote of at least four members of the commission,
173173 including at least two members of the commission who belong to the
174174 majority party and at least two members of the commission who belong
175175 to the minority party. A plan adopted under this subsection takes
176176 effect upon filing with the secretary of state and remains
177177 effective until the next year ending in the numeral one, except as
178178 provided in Subsection (u) of this section. A plan adopted under
179179 this subsection must be drawn using the federal decennial census
180180 data or other data on which the previous redistricting was based.
181181 (q) If the commission is required to but does not adopt a
182182 plan under Subsection (p) of this section on or before the last day
183183 of May of the year after the year in which a plan expires under
184184 Subsection (o-3) of this section, then the legislature shall adopt
185185 a plan in the form of a bill not later than the last day of June of
186186 that year. A plan adopted under this subsection must be drawn using
187187 the federal decennial census data or other data on which the
188188 previous redistricting was based.
189189 (q-1) If the legislature adopts a plan under Subsection (q)
190190 of this section by the affirmative vote of at least three-fifths of
191191 the members of each house of the legislature, including the
192192 affirmative vote of at least one-third of the members of the
193193 majority party and at least one-third of the members of the minority
194194 party in each house, and the plan becomes law, the plan remains
195195 effective until the next year ending in the numeral one, except as
196196 provided in Subsection (u) of this section.
197197 (q-2) If the legislature adopts a plan under Subsection (q)
198198 of this section by the affirmative vote of at least one-half of the
199199 members of each house of the legislature, but not by the vote
200200 required by Subsection (q-1) of this section, then the following
201201 requirements apply to the plan:
202202 (1) the legislature may not adopt a plan that unduly
203203 favors or disfavors a political party or its incumbents;
204204 (2) the legislature may not unduly split political
205205 subdivisions, giving preference to keeping counties whole, then to
206206 keeping municipalities whole;
207207 (3) the legislature shall attempt to draw districts
208208 that are compact; and
209209 (4) the legislature must include in the plan an
210210 explanation of the plan's compliance with Subdivisions (1), (2),
211211 and (3) of this subsection.
212212 (q-3) A plan adopted in the manner provided by Subsection
213213 (q-2) of this section that becomes law remains effective until the
214214 next year ending in the numeral one, except as provided in
215215 Subsection (u) of this section.
216216 (r) Before the legislature adopts a plan under this section,
217217 a joint committee of the legislature shall hold at least two public
218218 committee hearings concerning a proposed plan. The legislature and
219219 the commission shall facilitate and allow for the submission of
220220 proposed plans by members of the public in the manner provided by
221221 general law.
222222 (s) For purposes of filing a plan with the governor or the
223223 secretary of state, a plan must include both a legal description of
224224 the boundaries of the districts for the Texas House of
225225 Representatives or the Texas Senate, as applicable, and all
226226 electronic data necessary to create a district map for the purpose
227227 of holding elections.
228228 (t) When a plan ceases to be effective under this section,
229229 the district boundaries described in the plan continue in operation
230230 for the purpose of holding elections until a new plan takes effect
231231 in accordance with this section. If a vacancy occurs in a district
232232 that was created under the previous plan, the election to fill the
233233 vacancy for the remainder of the unexpired term shall be held using
234234 the previous plan.
235235 (u) In the event that any subsection of this section
236236 relating to a redistricting plan for the Texas House of
237237 Representatives or the Texas Senate or any district or group of
238238 districts is challenged and is determined to be invalid by a final
239239 order of a court of competent jurisdiction not subject to appeal,
240240 then notwithstanding any other provisions of this section, the
241241 commission shall be reconstituted and reconvene and shall adopt a
242242 plan in accordance with the valid provisions of this section, to be
243243 used until the next time for redistricting under this section.
244244 The commission shall adopt a plan under this subsection not
245245 later than the 30th day after the last day on which an appeal of the
246246 court order could have been filed or, if the order is not
247247 appealable, the 30th day after the day on which the order is issued.
248248 If the commission does not adopt a new plan in accordance with
249249 this subsection, then not later than the 30th day after the deadline
250250 for the commission to adopt the plan, the legislature shall adopt a
251251 plan in accordance with the valid provisions of this section, to be
252252 used until the next time for redistricting under this section.
253253 A plan adopted under this subsection must remedy any legal
254254 defects in the previous plan identified by the court but may not
255255 include changes to the previous plan other than those made in order
256256 to remedy those defects.
257257 (v) Unless otherwise already convened, the legislature
258258 shall convene in special session on the first Tuesday that occurs
259259 during a period in which the legislature is required to adopt a plan
260260 under this section.
261261 (w) The Supreme Court of Texas shall have jurisdiction to
262262 compel the commission [such Board] to perform its duties in
263263 accordance with the provisions of this section, Section 28a of this
264264 article, and Section 7a, Article V, of this constitution, by writ of
265265 mandamus or other extraordinary writs conformable to the usages of
266266 law.
267267 (x) The legislature [Legislature] shall provide necessary
268268 funds for clerical and technical aid and for other expenses
269269 necessary or incidental to the work of the commission [Board, and
270270 the Lieutenant Governor and the Speaker of the House of
271271 Representatives shall be entitled to receive per diem and travel
272272 expense during the Board's session in the same manner and amount as
273273 they would receive while attending a special session of the
274274 Legislature].
275275 (y) Four weeks after adopting redistricting plans for the
276276 legislature and, if necessary, for members of the United States
277277 House of Representatives elected from this state, the commission is
278278 automatically dissolved. The commission shall be reconstituted and
279279 reconvene as provided by this section, Section 28a of this article,
280280 and Section 7a, Article V, of this constitution.
281281 SECTION 2. Article III, Texas Constitution, is amended by
282282 adding Section 28a to read as follows:
283283 Sec. 28a. (a) In this section:
284284 (1) "Commission" means the Texas Redistricting
285285 Commission established under Section 28 of this article.
286286 (2) "Majority party" means the political party with
287287 the most members among the combined membership of the Texas Senate
288288 and the Texas House of Representatives.
289289 (3) "Minority party" means the political party with
290290 the second highest number of members among the combined membership
291291 of the Texas Senate and the Texas House of Representatives.
292292 (4) "Plan" means a redistricting plan for the election
293293 of the members of the United States House of Representatives
294294 elected from this state, adopted as provided by this section.
295295 (b) Except as otherwise provided in this section, the
296296 legislature is responsible for the congressional redistricting of
297297 this state based on the prescribed number of congressional
298298 districts apportioned to the state under Section 2, Article I,
299299 United States Constitution.
300300 (c) Not later than the last day of May of a year ending in
301301 the numeral one, the legislature shall adopt a plan in the form of a
302302 bill by the affirmative vote of at least three-fifths of the members
303303 of each house of the legislature, including the affirmative vote of
304304 at least one-half of the members of the majority party and at least
305305 one-half of the members of the minority party in each house. A plan
306306 that is adopted under this subsection and becomes law remains
307307 effective until the next year ending in the numeral one, except as
308308 provided in Subsection (p) of this section.
309309 (d) If the legislature does not adopt a plan under
310310 Subsection (c) of this section on or before the last day of May of a
311311 year ending in the numeral one, the commission shall adopt a plan
312312 not later than the last day of June of that year by the affirmative
313313 vote of at least four members of the commission, including at least
314314 two members of the commission who belong to the majority party and
315315 at least two members of the commission who belong to the minority
316316 party. The plan takes effect upon filing with the secretary of
317317 state and remains effective until the next year ending in the
318318 numeral one, except as provided in Subsection (p) of this section.
319319 (e) If the commission is required to but does not adopt a
320320 plan under Subsection (d) of this section on or before the last day
321321 of June of a year ending in the numeral one, then the legislature
322322 shall adopt a plan in the form of a bill not later than the last day
323323 of July of that year.
324324 (e-1) If the legislature adopts a plan under Subsection (e)
325325 of this section by the affirmative vote of at least three-fifths of
326326 the members of each house of the legislature, including the
327327 affirmative vote of at least one-third of the members of the
328328 majority party and at least one-third of the members of the minority
329329 party represented in that house, and the plan becomes law, the plan
330330 remains effective until the next year ending in the numeral one,
331331 except as provided in Subsection (p) of this section.
332332 (e-2) If the legislature adopts a plan under Subsection (e)
333333 of this section by the affirmative vote of at least one-half of the
334334 members of each house of the legislature, but not by the vote
335335 required by Subsection (e-1) of this section, then the following
336336 requirements apply to the plan:
337337 (1) the legislature may not adopt a plan that unduly
338338 favors or disfavors a political party or its incumbents;
339339 (2) the legislature may not unduly split political
340340 subdivisions, giving preference to keeping counties whole, then to
341341 keeping municipalities whole;
342342 (3) the legislature shall attempt to draw districts
343343 that are compact, but Subsection (m)(2) of this section does not
344344 apply; and
345345 (4) the legislature must include in the plan an
346346 explanation of the plan's compliance with Subdivisions (1), (2),
347347 and (3) of this subsection.
348348 (e-3) A plan adopted in the manner provided by Subsection
349349 (e-2) of this section that becomes law remains effective until two
350350 general elections for the United States House of Representatives
351351 have occurred under the plan, except as provided in Subsection (p)
352352 of this section.
353353 (f) Not later than the last day of May of the year after the
354354 year in which a plan expires under Subsection (e-3) of this section,
355355 the legislature shall adopt a plan in the form of a bill by the
356356 affirmative vote of at least three-fifths of the members of each
357357 house of the legislature, including the affirmative vote of at
358358 least one-half of the members of the majority party and at least
359359 one-half of the members of the minority party in each house. A plan
360360 adopted under this subsection that becomes law remains effective
361361 until the next year ending in the numeral one, except as provided in
362362 Subsection (p) of this section. A plan adopted under this
363363 subsection must be drawn using the federal decennial census data or
364364 other data on which the previous redistricting was based.
365365 (g) If the legislature is required to but does not adopt a
366366 plan under Subsection (f) of this section on or before the last day
367367 of May of the year after the year in which a plan expires under
368368 Subsection (e-3) of this section, then the commission shall be
369369 reconstituted, reconvene, and adopt a plan not later than the last
370370 day of June of that year by the affirmative vote of at least four
371371 members of the commission, including at least two members of the
372372 commission who belong to the majority party and at least two members
373373 of the commission who belong to the minority party. A plan adopted
374374 under this subsection takes effect upon filing with the secretary
375375 of state and remains effective until the next year ending in the
376376 numeral one, except as provided in Subsection (p) of this section.
377377 A plan adopted under this subsection must be drawn using the federal
378378 decennial census data or other data on which the previous
379379 redistricting was based.
380380 (h) If the commission is required to but does not adopt a
381381 plan under Subsection (g) of this section on or before the last day
382382 of June of the year after the year in which a plan expires under
383383 Subsection (e-3) of this section, then the legislature shall adopt
384384 a plan in the form of a bill not later than the last day of July of
385385 that year. A plan adopted under this subsection must be drawn using
386386 the federal decennial census data or other data on which the
387387 previous redistricting was based.
388388 (h-1) If the legislature adopts a plan under Subsection (h)
389389 of this section by the affirmative vote of at least three-fifths of
390390 the members of each house of the legislature, including the
391391 affirmative vote of at least one-third of the members of the
392392 majority party and at least one-third of the members of the minority
393393 party in each house, and the plan becomes law, the plan remains
394394 effective until the next year ending in the numeral one, except as
395395 provided in Subsection (p) of this section.
396396 (h-2) If the legislature adopts a plan under Subsection (h)
397397 of this section by the affirmative vote of at least one-half of the
398398 members of each house of the legislature, but not by the vote
399399 required by Subsection (h-1) of this section, then the following
400400 requirements apply to the plan:
401401 (1) the legislature may not adopt a plan that unduly
402402 favors or disfavors a political party or its incumbents;
403403 (2) the legislature may not unduly split political
404404 subdivisions, giving preference to keeping counties whole, then to
405405 keeping municipalities whole;
406406 (3) the legislature shall attempt to draw districts
407407 that are compact, but Subsection (m)(2) of this section does not
408408 apply; and
409409 (4) the legislature must include in the plan an
410410 explanation of the plan's compliance with Subdivisions (1), (2),
411411 and (3) of this subsection.
412412 (h-3) A plan adopted in the manner provided by Subsection
413413 (h-2) of this section that becomes law remains effective until the
414414 next year ending in the numeral one, except as provided in
415415 Subsection (p) of this section.
416416 (i) Before the legislature adopts a plan under this section,
417417 a joint committee of the legislature shall hold at least two public
418418 committee hearings concerning a proposed plan. Before the
419419 commission adopts a plan under this section, the commission shall
420420 hold at least two public hearings concerning a proposed plan. The
421421 legislature and the commission shall facilitate and allow for the
422422 submission of proposed plans by members of the public in the manner
423423 provided by general law.
424424 (j) For purposes of filing a plan with the governor or the
425425 secretary of state, a plan must include both a legal description of
426426 the boundaries of the congressional districts and all electronic
427427 data necessary to create a congressional district map for the
428428 purpose of holding congressional elections.
429429 (k) When a plan ceases to be effective under this section,
430430 the district boundaries described in the plan continue in operation
431431 for the purpose of holding elections until a new plan takes effect
432432 in accordance with this section. If a vacancy occurs in a district
433433 that was created under the previous plan, the election to fill the
434434 vacancy for the remainder of the unexpired term shall be held using
435435 the previous plan.
436436 (l) Each congressional district is entitled to a single
437437 representative in the United States House of Representatives in
438438 each Congress. The total population of the state, as determined by
439439 the federal decennial census or, if the federal decennial census is
440440 unavailable, another basis as directed by the legislature, shall be
441441 divided by the number of congressional districts apportioned to the
442442 state under Section 2, Article I, United States Constitution, and
443443 the quotient shall be the congressional ratio of representation for
444444 the next 10 years. Notwithstanding the fact that boundaries of
445445 counties or municipalities within a district may be changed,
446446 district boundaries shall be created by using the data from the most
447447 recent federal decennial census or from the basis directed by the
448448 legislature, as applicable.
449449 (m) A plan must comply with all of the following
450450 requirements:
451451 (1) the plan must comply with all applicable
452452 provisions of the constitutions of this state and the United States
453453 and of federal law, including federal laws protecting racial
454454 minority voting rights;
455455 (2) each congressional district must be compact;
456456 (3) each congressional district must be composed of
457457 contiguous territory, and the boundary of each district must be a
458458 single nonintersecting continuous line;
459459 (4) except as otherwise required by federal law, in a
460460 county that contains a population that exceeds the congressional
461461 ratio of representation, the authority drawing the districts shall
462462 take the first of the following actions that applies to that county:
463463 (A) if a municipality located in the county
464464 contains a population that exceeds the congressional ratio of
465465 representation, the authority shall attempt to include a
466466 significant portion of that municipality in a single district and
467467 may include in that district other municipalities that are located
468468 in that county and whose residents have similar interests as the
469469 residents of the municipality that contains a population that
470470 exceeds the congressional ratio of representation;
471471 (B) if one municipality in that county contains a
472472 population of not less than 100,000 and not more than the
473473 congressional ratio of representation, that municipality may not be
474474 split; or
475475 (C) if that county contains two or more
476476 municipalities described by Paragraph (B) of this subdivision, only
477477 the most populous of those municipalities may not be split;
478478 (5) if a congressional district includes only part of
479479 the territory of a particular county, the part of that
480480 congressional district that lies in that particular county must be
481481 contiguous within the boundaries of the county;
482482 (6) no two congressional districts may share portions
483483 of the territory of more than one county, except for a county whose
484484 population exceeds the congressional ratio of representation or as
485485 necessary to comply with federal law; and
486486 (7) the authority drawing the districts must attempt
487487 to include at least one whole county in each congressional
488488 district, but this subdivision does not apply to a congressional
489489 district that is contained entirely within one county or that
490490 cannot be drawn in that manner while complying with federal law.
491491 (n) In determining whether the population of a municipality
492492 exceeds the congressional ratio of representation for the purpose
493493 of Subsection (m)(4)(A) of this section, if the territory of that
494494 municipality completely surrounds the territory of another
495495 municipality, the territory of the surrounded municipality is
496496 considered part of the territory of the surrounding municipality.
497497 (o) For purposes of this section, a county or municipality
498498 is considered to be split if, based on the census data used for the
499499 purpose of redistricting, any contiguous portion of its territory
500500 is not contained entirely within one district except that if a
501501 municipality has territory in more than one county, the contiguous
502502 portion of that municipality that lies in each county shall be
503503 considered to be a separate municipality for purposes of this
504504 section.
505505 (p) In the event that any subsection of this section
506506 relating to congressional redistricting, any plan, or any
507507 congressional district or group of congressional districts is
508508 challenged and is determined to be invalid by a final order of a
509509 court of competent jurisdiction not subject to appeal, then
510510 notwithstanding any other provisions of this section, the
511511 legislature shall adopt a plan in accordance with the valid
512512 provisions of this section, to be used until the next time for
513513 redistricting under this section.
514514 The legislature shall adopt a plan under this subsection not
515515 later than the 30th day after the last day on which an appeal of the
516516 court order could have been filed or, if the order is not
517517 appealable, the 30th day after the day on which the order is issued.
518518 If the legislature does not adopt a new plan in accordance
519519 with this subsection, then not later than the 30th day after the
520520 deadline for the legislature to adopt the plan, the commission
521521 shall be reconstituted and reconvene and shall adopt a plan in
522522 accordance with the valid provisions of this section, to be used
523523 until the next time for redistricting under this section.
524524 A plan adopted under this subsection must remedy any legal
525525 defects in the previous plan identified by the court but may not
526526 include changes to the previous plan other than those made in order
527527 to remedy those defects.
528528 (q) Unless otherwise already convened, the legislature
529529 shall convene in special session on the first Tuesday that occurs
530530 during a period in which the legislature is required to adopt a plan
531531 under this section.
532532 SECTION 3. Section 7a, Article V, Texas Constitution, is
533533 amended by amending Subsections (e) and (i) and adding Subsection
534534 (j) to read as follows:
535535 (e) Unless the legislature enacts a statewide
536536 reapportionment of the judicial districts following each federal
537537 decennial census, the board shall convene not later than the first
538538 Monday of June of the third year following the year in which the
539539 federal decennial census is taken to make a statewide
540540 reapportionment of the districts. The board shall complete its
541541 work on the reapportionment and file its order with the secretary of
542542 state not later than August 31 of the same year. If the Judicial
543543 Districts Board fails to make a statewide apportionment by that
544544 date, the Texas [Legislative] Redistricting Commission [Board]
545545 established by Article III, Section 28, of this constitution shall
546546 convene on September 1 of the same year to make a statewide
547547 reapportionment of the judicial districts not later than the 90th
548548 [150th] day after the final day for the Judicial Districts Board to
549549 make the reapportionment.
550550 (i) The legislature, the Judicial Districts Board, or the
551551 Texas [Legislative] Redistricting Commission [Board] may not
552552 redistrict the judicial districts to provide for any judicial
553553 district smaller in size than an entire county except as provided by
554554 this section. Judicial districts smaller in size than the entire
555555 county may be created subsequent to a general election where a
556556 majority of the persons voting on the proposition adopt the
557557 proposition "to allow the division of ____________ County into
558558 judicial districts composed of parts of ____________ County." No
559559 redistricting plan may be proposed or adopted by the legislature,
560560 the Judicial Districts Board, or the Texas [Legislative]
561561 Redistricting Commission [Board] in anticipation of a future action
562562 by the voters of any county.
563563 (j) Until January 1, 2021, a reference in this section to
564564 the Texas Redistricting Commission means the Legislative
565565 Redistricting Board established under Section 28, Article III, of
566566 this constitution. This subsection expires January 1, 2021.
567567 SECTION 4. This proposed constitutional amendment shall be
568568 submitted to the voters at an election to be held November 5, 2019.
569569 The ballot shall be printed to permit voting for or against the
570570 following proposition: "The constitutional amendment establishing
571571 the Texas Redistricting Commission and providing redistricting
572572 procedures for state legislative, state judicial, and
573573 congressional districts."