86R10723 JRJ-D
By: West, Johnson S.J.R. No. 56
A JOINT RESOLUTION
proposing a constitutional amendment establishing the Texas
Redistricting Commission and providing redistricting procedures
for state legislative, state judicial, and congressional
districts.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28, Article III, Texas Constitution, is
amended to read as follows:
Sec. 28. (a) In this section:
(1) "Commission" means the Texas Redistricting
Commission.
(2) "Majority party" means the political party with
the most members among the combined membership of the Texas Senate
and the Texas House of Representatives.
(3) "Minority party" means the political party with
the second highest number of members among the combined membership
of the Texas Senate and the Texas House of Representatives.
(b) Following [The Legislature shall, at its first regular
session after] the publication of each United States decennial
census, [apportion] the state shall be apportioned into senatorial
and representative districts, agreeable to the provisions of
Sections 25 and 26 of this article [Article]. The legislature and
the Texas Redistricting Commission exercise the legislative
authority of this state to adopt redistricting plans for the
election of the Texas House of Representatives, the Texas Senate,
and the members of the United States House of Representatives
elected from this state in the manner provided by this section and
Section 28a of this article. Districts for those legislative
bodies may not be established or changed except as provided by this
section and Section 28a of this article.
(c) The commission consists of the following seven members:
(1) the governor;
(2) the comptroller;
(3) the secretary of state;
(4) one member appointed by the speaker of the Texas
House of Representatives;
(5) one member appointed by majority vote of the party
caucus for the political party with the most members in the Texas
House of Representatives of which the speaker of the Texas House of
Representatives is not a member;
(6) one member appointed by the president of the Texas
Senate; and
(7) one member appointed by majority vote of the party
caucus for the political party with the most members in the Texas
Senate of which the president of the Texas Senate is not a member.
(d) An appointed member of the commission may not be a
current member of Congress.
(e) Two members of the commission serve as co-chairs. One
co-chair is selected by majority vote of the members of the Texas
Senate and the Texas House of Representatives who belong to the
majority party and one co-chair is selected by majority vote of the
members of the Texas Senate and the Texas House of Representatives
who belong to the minority party.
(f) Except as otherwise provided by this section or Section
28a of this article, a simple majority vote of the commission
members is required for any action by the commission.
(g) Except as provided by Subsection (h) of this section, a
majority vote of the members of the commission, including at least
one member of the commission who belongs to the majority party and
at least one member of the commission who belongs to the minority
party, is required to:
(1) adopt rules of the commission;
(2) hire staff for the commission; or
(3) expend commission funds.
(h) If the commission is unable to agree, by the vote
required under Subsection (g) of this section, on the manner in
which commission funds should be expended, each co-chair has the
authority to expend one-half of the funds appropriated to the
commission.
(i) The affirmative vote of four members of the commission,
including at least two members of the commission who belong to the
majority party and two members of the commission who belong to the
minority party, is required to adopt any redistricting plan for the
Texas Senate or the Texas House of Representatives.
(j) For purposes of this section and Section 28a of this
article:
(1) the governor is considered to belong to the
governor's political party;
(2) the comptroller is considered to belong to the
comptroller's political party;
(3) the secretary of state is considered to belong to
the political party to which the governor who appointed the
secretary of state belongs;
(4) a member of the commission appointed by the
president of the Texas Senate or the speaker of the Texas House of
Representatives is considered to belong to the political party to
which the person making the appointment belongs; and
(5) a member of the commission selected by vote of a
political party caucus is considered to belong to that political
party.
(k) At the first meeting of the commission, which the
governor may convene only in a year ending in the numeral one,
except as otherwise provided by this section, Section 28a of this
article, and Section 7a, Article V, of this constitution, the
commission shall set a schedule for the adoption of procedural
rules for the operation of the commission.
(l) Before adopting, but after introducing, a proposed
redistricting plan for the Texas Senate or the Texas House of
Representatives, the commission shall conduct at least three public
hearings across the state to present the proposed plan and shall
seek public input regarding the proposed plan.
(m) All meetings of the commission are open to the public.
The commission shall broadcast meetings by electronic means of
transmission using a medium readily accessible by the general
public.
(n) The commission shall adopt final redistricting plans
for the Texas Senate and the Texas House of Representatives not
later than the first day of May of a year ending in the numeral one.
After the commission adopts a final plan, the commission shall
promptly file the plan with the secretary of state and [In the event
the Legislature shall at any such first regular session following
the publication of a United States decennial census, fail to make
such apportionment, same shall be done by the Legislative
Redistricting Board of Texas, which is hereby created, and shall be
composed of five (5) members, as follows: The Lieutenant Governor,
the Speaker of the House of Representatives, the Attorney General,
the Comptroller of Public Accounts and the Commissioner of the
General Land Office, a majority of whom shall constitute a quorum.
Said Board shall assemble in the City of Austin within ninety (90)
days after the final adjournment of such regular session. The Board
shall, within sixty (60) days after assembling, apportion the state
into senatorial and representative districts, or into senatorial or
representative districts, as the failure of action of such
Legislature may make necessary. Such apportionment shall be in
writing and signed by three (3) or more of the members of the Board
duly acknowledged as the act and deed of such Board, and,] when so
[executed and] filed with the secretary of state [Secretary of
State], the plan shall have force and effect of law. The plan
becomes [Such apportionment shall become] effective at the next
succeeding statewide general election.
(o) If the commission does not adopt a redistricting plan
for the Texas House of Representatives or the Texas Senate under
Subsection (n) of this section on or before the last day of May of a
year ending in the numeral one, then the legislature shall adopt a
plan for either or both legislative bodies, as necessary, in the
form of a bill not later than the last day of June of that year.
(o-1) If the legislature adopts a plan under Subsection (o)
of this section by the affirmative vote of at least three-fifths of
the members of each house of the legislature, including the
affirmative vote of at least one-third of the members of the
majority party and at least one-third of the members of the minority
party in each house, and the plan becomes law, the plan remains
effective until the next year ending in the numeral one, except as
provided in Subsection (u) of this section.
(o-2) If the legislature adopts a plan under Subsection (o)
of this section by the affirmative vote of at least one-half of the
members of each house of the legislature, but not by the vote
required by Subsection (o-1) of this section, then the following
requirements apply to the plan:
(1) the legislature may not adopt a plan that unduly
favors or disfavors a political party or its incumbents;
(2) the legislature may not unduly split political
subdivisions, giving preference to keeping counties whole, then to
keeping municipalities whole;
(3) the legislature shall attempt to draw districts
that are compact; and
(4) the legislature must include in the plan an
explanation of the plan's compliance with Subdivisions (1), (2),
and (3) of this subsection.
(o-3) A plan adopted in the manner provided by Subsection
(o-2) of this section that becomes law remains effective until two
general elections for the legislative body to which the plan
applies have occurred under the plan, except as provided in
Subsection (u) of this section.
(p) Not later than the last day of May of the year after the
year in which a plan expires under Subsection (o-3) of this section,
the commission shall be reconstituted, reconvene, and adopt a plan
by the affirmative vote of at least four members of the commission,
including at least two members of the commission who belong to the
majority party and at least two members of the commission who belong
to the minority party. A plan adopted under this subsection takes
effect upon filing with the secretary of state and remains
effective until the next year ending in the numeral one, except as
provided in Subsection (u) of this section. A plan adopted under
this subsection must be drawn using the federal decennial census
data or other data on which the previous redistricting was based.
(q) If the commission is required to but does not adopt a
plan under Subsection (p) of this section on or before the last day
of May of the year after the year in which a plan expires under
Subsection (o-3) of this section, then the legislature shall adopt
a plan in the form of a bill not later than the last day of June of
that year. A plan adopted under this subsection must be drawn using
the federal decennial census data or other data on which the
previous redistricting was based.
(q-1) If the legislature adopts a plan under Subsection (q)
of this section by the affirmative vote of at least three-fifths of
the members of each house of the legislature, including the
affirmative vote of at least one-third of the members of the
majority party and at least one-third of the members of the minority
party in each house, and the plan becomes law, the plan remains
effective until the next year ending in the numeral one, except as
provided in Subsection (u) of this section.
(q-2) If the legislature adopts a plan under Subsection (q)
of this section by the affirmative vote of at least one-half of the
members of each house of the legislature, but not by the vote
required by Subsection (q-1) of this section, then the following
requirements apply to the plan:
(1) the legislature may not adopt a plan that unduly
favors or disfavors a political party or its incumbents;
(2) the legislature may not unduly split political
subdivisions, giving preference to keeping counties whole, then to
keeping municipalities whole;
(3) the legislature shall attempt to draw districts
that are compact; and
(4) the legislature must include in the plan an
explanation of the plan's compliance with Subdivisions (1), (2),
and (3) of this subsection.
(q-3) A plan adopted in the manner provided by Subsection
(q-2) of this section that becomes law remains effective until the
next year ending in the numeral one, except as provided in
Subsection (u) of this section.
(r) Before the legislature adopts a plan under this section,
a joint committee of the legislature shall hold at least two public
committee hearings concerning a proposed plan. The legislature and
the commission shall facilitate and allow for the submission of
proposed plans by members of the public in the manner provided by
general law.
(s) For purposes of filing a plan with the governor or the
secretary of state, a plan must include both a legal description of
the boundaries of the districts for the Texas House of
Representatives or the Texas Senate, as applicable, and all
electronic data necessary to create a district map for the purpose
of holding elections.
(t) When a plan ceases to be effective under this section,
the district boundaries described in the plan continue in operation
for the purpose of holding elections until a new plan takes effect
in accordance with this section. If a vacancy occurs in a district
that was created under the previous plan, the election to fill the
vacancy for the remainder of the unexpired term shall be held using
the previous plan.
(u) In the event that any subsection of this section
relating to a redistricting plan for the Texas House of
Representatives or the Texas Senate or any district or group of
districts is challenged and is determined to be invalid by a final
order of a court of competent jurisdiction not subject to appeal,
then notwithstanding any other provisions of this section, the
commission shall be reconstituted and reconvene and shall adopt a
plan in accordance with the valid provisions of this section, to be
used until the next time for redistricting under this section.
The commission shall adopt a plan under this subsection not
later than the 30th day after the last day on which an appeal of the
court order could have been filed or, if the order is not
appealable, the 30th day after the day on which the order is issued.
If the commission does not adopt a new plan in accordance with
this subsection, then not later than the 30th day after the deadline
for the commission to adopt the plan, the legislature shall adopt a
plan in accordance with the valid provisions of this section, to be
used until the next time for redistricting under this section.
A plan adopted under this subsection must remedy any legal
defects in the previous plan identified by the court but may not
include changes to the previous plan other than those made in order
to remedy those defects.
(v) Unless otherwise already convened, the legislature
shall convene in special session on the first Tuesday that occurs
during a period in which the legislature is required to adopt a plan
under this section.
(w) The Supreme Court of Texas shall have jurisdiction to
compel the commission [such Board] to perform its duties in
accordance with the provisions of this section, Section 28a of this
article, and Section 7a, Article V, of this constitution, by writ of
mandamus or other extraordinary writs conformable to the usages of
law.
(x) The legislature [Legislature] shall provide necessary
funds for clerical and technical aid and for other expenses
necessary or incidental to the work of the commission [Board, and
the Lieutenant Governor and the Speaker of the House of
Representatives shall be entitled to receive per diem and travel
expense during the Board's session in the same manner and amount as
they would receive while attending a special session of the
Legislature].
(y) Four weeks after adopting redistricting plans for the
legislature and, if necessary, for members of the United States
House of Representatives elected from this state, the commission is
automatically dissolved. The commission shall be reconstituted and
reconvene as provided by this section, Section 28a of this article,
and Section 7a, Article V, of this constitution.
SECTION 2. Article III, Texas Constitution, is amended by
adding Section 28a to read as follows:
Sec. 28a. (a) In this section:
(1) "Commission" means the Texas Redistricting
Commission established under Section 28 of this article.
(2) "Majority party" means the political party with
the most members among the combined membership of the Texas Senate
and the Texas House of Representatives.
(3) "Minority party" means the political party with
the second highest number of members among the combined membership
of the Texas Senate and the Texas House of Representatives.
(4) "Plan" means a redistricting plan for the election
of the members of the United States House of Representatives
elected from this state, adopted as provided by this section.
(b) Except as otherwise provided in this section, the
legislature is responsible for the congressional redistricting of
this state based on the prescribed number of congressional
districts apportioned to the state under Section 2, Article I,
United States Constitution.
(c) Not later than the last day of May of a year ending in
the numeral one, the legislature shall adopt a plan in the form of a
bill by the affirmative vote of at least three-fifths of the members
of each house of the legislature, including the affirmative vote of
at least one-half of the members of the majority party and at least
one-half of the members of the minority party in each house. A plan
that is adopted under this subsection and becomes law remains
effective until the next year ending in the numeral one, except as
provided in Subsection (p) of this section.
(d) If the legislature does not adopt a plan under
Subsection (c) of this section on or before the last day of May of a
year ending in the numeral one, the commission shall adopt a plan
not later than the last day of June of that year by the affirmative
vote of at least four members of the commission, including at least
two members of the commission who belong to the majority party and
at least two members of the commission who belong to the minority
party. The plan takes effect upon filing with the secretary of
state and remains effective until the next year ending in the
numeral one, except as provided in Subsection (p) of this section.
(e) If the commission is required to but does not adopt a
plan under Subsection (d) of this section on or before the last day
of June of a year ending in the numeral one, then the legislature
shall adopt a plan in the form of a bill not later than the last day
of July of that year.
(e-1) If the legislature adopts a plan under Subsection (e)
of this section by the affirmative vote of at least three-fifths of
the members of each house of the legislature, including the
affirmative vote of at least one-third of the members of the
majority party and at least one-third of the members of the minority
party represented in that house, and the plan becomes law, the plan
remains effective until the next year ending in the numeral one,
except as provided in Subsection (p) of this section.
(e-2) If the legislature adopts a plan under Subsection (e)
of this section by the affirmative vote of at least one-half of the
members of each house of the legislature, but not by the vote
required by Subsection (e-1) of this section, then the following
requirements apply to the plan:
(1) the legislature may not adopt a plan that unduly
favors or disfavors a political party or its incumbents;
(2) the legislature may not unduly split political
subdivisions, giving preference to keeping counties whole, then to
keeping municipalities whole;
(3) the legislature shall attempt to draw districts
that are compact, but Subsection (m)(2) of this section does not
apply; and
(4) the legislature must include in the plan an
explanation of the plan's compliance with Subdivisions (1), (2),
and (3) of this subsection.
(e-3) A plan adopted in the manner provided by Subsection
(e-2) of this section that becomes law remains effective until two
general elections for the United States House of Representatives
have occurred under the plan, except as provided in Subsection (p)
of this section.
(f) Not later than the last day of May of the year after the
year in which a plan expires under Subsection (e-3) of this section,
the legislature shall adopt a plan in the form of a bill by the
affirmative vote of at least three-fifths of the members of each
house of the legislature, including the affirmative vote of at
least one-half of the members of the majority party and at least
one-half of the members of the minority party in each house. A plan
adopted under this subsection that becomes law remains effective
until the next year ending in the numeral one, except as provided in
Subsection (p) of this section. A plan adopted under this
subsection must be drawn using the federal decennial census data or
other data on which the previous redistricting was based.
(g) If the legislature is required to but does not adopt a
plan under Subsection (f) of this section on or before the last day
of May of the year after the year in which a plan expires under
Subsection (e-3) of this section, then the commission shall be
reconstituted, reconvene, and adopt a plan not later than the last
day of June of that year by the affirmative vote of at least four
members of the commission, including at least two members of the
commission who belong to the majority party and at least two members
of the commission who belong to the minority party. A plan adopted
under this subsection takes effect upon filing with the secretary
of state and remains effective until the next year ending in the
numeral one, except as provided in Subsection (p) of this section.
A plan adopted under this subsection must be drawn using the federal
decennial census data or other data on which the previous
redistricting was based.
(h) If the commission is required to but does not adopt a
plan under Subsection (g) of this section on or before the last day
of June of the year after the year in which a plan expires under
Subsection (e-3) of this section, then the legislature shall adopt
a plan in the form of a bill not later than the last day of July of
that year. A plan adopted under this subsection must be drawn using
the federal decennial census data or other data on which the
previous redistricting was based.
(h-1) If the legislature adopts a plan under Subsection (h)
of this section by the affirmative vote of at least three-fifths of
the members of each house of the legislature, including the
affirmative vote of at least one-third of the members of the
majority party and at least one-third of the members of the minority
party in each house, and the plan becomes law, the plan remains
effective until the next year ending in the numeral one, except as
provided in Subsection (p) of this section.
(h-2) If the legislature adopts a plan under Subsection (h)
of this section by the affirmative vote of at least one-half of the
members of each house of the legislature, but not by the vote
required by Subsection (h-1) of this section, then the following
requirements apply to the plan:
(1) the legislature may not adopt a plan that unduly
favors or disfavors a political party or its incumbents;
(2) the legislature may not unduly split political
subdivisions, giving preference to keeping counties whole, then to
keeping municipalities whole;
(3) the legislature shall attempt to draw districts
that are compact, but Subsection (m)(2) of this section does not
apply; and
(4) the legislature must include in the plan an
explanation of the plan's compliance with Subdivisions (1), (2),
and (3) of this subsection.
(h-3) A plan adopted in the manner provided by Subsection
(h-2) of this section that becomes law remains effective until the
next year ending in the numeral one, except as provided in
Subsection (p) of this section.
(i) Before the legislature adopts a plan under this section,
a joint committee of the legislature shall hold at least two public
committee hearings concerning a proposed plan. Before the
commission adopts a plan under this section, the commission shall
hold at least two public hearings concerning a proposed plan. The
legislature and the commission shall facilitate and allow for the
submission of proposed plans by members of the public in the manner
provided by general law.
(j) For purposes of filing a plan with the governor or the
secretary of state, a plan must include both a legal description of
the boundaries of the congressional districts and all electronic
data necessary to create a congressional district map for the
purpose of holding congressional elections.
(k) When a plan ceases to be effective under this section,
the district boundaries described in the plan continue in operation
for the purpose of holding elections until a new plan takes effect
in accordance with this section. If a vacancy occurs in a district
that was created under the previous plan, the election to fill the
vacancy for the remainder of the unexpired term shall be held using
the previous plan.
(l) Each congressional district is entitled to a single
representative in the United States House of Representatives in
each Congress. The total population of the state, as determined by
the federal decennial census or, if the federal decennial census is
unavailable, another basis as directed by the legislature, shall be
divided by the number of congressional districts apportioned to the
state under Section 2, Article I, United States Constitution, and
the quotient shall be the congressional ratio of representation for
the next 10 years. Notwithstanding the fact that boundaries of
counties or municipalities within a district may be changed,
district boundaries shall be created by using the data from the most
recent federal decennial census or from the basis directed by the
legislature, as applicable.
(m) A plan must comply with all of the following
requirements:
(1) the plan must comply with all applicable
provisions of the constitutions of this state and the United States
and of federal law, including federal laws protecting racial
minority voting rights;
(2) each congressional district must be compact;
(3) each congressional district must be composed of
contiguous territory, and the boundary of each district must be a
single nonintersecting continuous line;
(4) except as otherwise required by federal law, in a
county that contains a population that exceeds the congressional
ratio of representation, the authority drawing the districts shall
take the first of the following actions that applies to that county:
(A) if a municipality located in the county
contains a population that exceeds the congressional ratio of
representation, the authority shall attempt to include a
significant portion of that municipality in a single district and
may include in that district other municipalities that are located
in that county and whose residents have similar interests as the
residents of the municipality that contains a population that
exceeds the congressional ratio of representation;
(B) if one municipality in that county contains a
population of not less than 100,000 and not more than the
congressional ratio of representation, that municipality may not be
split; or
(C) if that county contains two or more
municipalities described by Paragraph (B) of this subdivision, only
the most populous of those municipalities may not be split;
(5) if a congressional district includes only part of
the territory of a particular county, the part of that
congressional district that lies in that particular county must be
contiguous within the boundaries of the county;
(6) no two congressional districts may share portions
of the territory of more than one county, except for a county whose
population exceeds the congressional ratio of representation or as
necessary to comply with federal law; and
(7) the authority drawing the districts must attempt
to include at least one whole county in each congressional
district, but this subdivision does not apply to a congressional
district that is contained entirely within one county or that
cannot be drawn in that manner while complying with federal law.
(n) In determining whether the population of a municipality
exceeds the congressional ratio of representation for the purpose
of Subsection (m)(4)(A) of this section, if the territory of that
municipality completely surrounds the territory of another
municipality, the territory of the surrounded municipality is
considered part of the territory of the surrounding municipality.
(o) For purposes of this section, a county or municipality
is considered to be split if, based on the census data used for the
purpose of redistricting, any contiguous portion of its territory
is not contained entirely within one district except that if a
municipality has territory in more than one county, the contiguous
portion of that municipality that lies in each county shall be
considered to be a separate municipality for purposes of this
section.
(p) In the event that any subsection of this section
relating to congressional redistricting, any plan, or any
congressional district or group of congressional districts is
challenged and is determined to be invalid by a final order of a
court of competent jurisdiction not subject to appeal, then
notwithstanding any other provisions of this section, the
legislature shall adopt a plan in accordance with the valid
provisions of this section, to be used until the next time for
redistricting under this section.
The legislature shall adopt a plan under this subsection not
later than the 30th day after the last day on which an appeal of the
court order could have been filed or, if the order is not
appealable, the 30th day after the day on which the order is issued.
If the legislature does not adopt a new plan in accordance
with this subsection, then not later than the 30th day after the
deadline for the legislature to adopt the plan, the commission
shall be reconstituted and reconvene and shall adopt a plan in
accordance with the valid provisions of this section, to be used
until the next time for redistricting under this section.
A plan adopted under this subsection must remedy any legal
defects in the previous plan identified by the court but may not
include changes to the previous plan other than those made in order
to remedy those defects.
(q) Unless otherwise already convened, the legislature
shall convene in special session on the first Tuesday that occurs
during a period in which the legislature is required to adopt a plan
under this section.
SECTION 3. Section 7a, Article V, Texas Constitution, is
amended by amending Subsections (e) and (i) and adding Subsection
(j) to read as follows:
(e) Unless the legislature enacts a statewide
reapportionment of the judicial districts following each federal
decennial census, the board shall convene not later than the first
Monday of June of the third year following the year in which the
federal decennial census is taken to make a statewide
reapportionment of the districts. The board shall complete its
work on the reapportionment and file its order with the secretary of
state not later than August 31 of the same year. If the Judicial
Districts Board fails to make a statewide apportionment by that
date, the Texas [Legislative] Redistricting Commission [Board]
established by Article III, Section 28, of this constitution shall
convene on September 1 of the same year to make a statewide
reapportionment of the judicial districts not later than the 90th
[150th] day after the final day for the Judicial Districts Board to
make the reapportionment.
(i) The legislature, the Judicial Districts Board, or the
Texas [Legislative] Redistricting Commission [Board] may not
redistrict the judicial districts to provide for any judicial
district smaller in size than an entire county except as provided by
this section. Judicial districts smaller in size than the entire
county may be created subsequent to a general election where a
majority of the persons voting on the proposition adopt the
proposition "to allow the division of ____________ County into
judicial districts composed of parts of ____________ County." No
redistricting plan may be proposed or adopted by the legislature,
the Judicial Districts Board, or the Texas [Legislative]
Redistricting Commission [Board] in anticipation of a future action
by the voters of any county.
(j) Until January 1, 2021, a reference in this section to
the Texas Redistricting Commission means the Legislative
Redistricting Board established under Section 28, Article III, of
this constitution. This subsection expires January 1, 2021.
SECTION 4. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 5, 2019.
The ballot shall be printed to permit voting for or against the
following proposition: "The constitutional amendment establishing
the Texas Redistricting Commission and providing redistricting
procedures for state legislative, state judicial, and
congressional districts."