Texas 2021 - 87th Regular

Texas House Bill HB282 Compare Versions

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

Old	New	Differences
1	1	87R1907 JRJ-F
2	2	By: González of El Paso H.B. No. 282
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 the United
159	159	States Congress; 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 the United States
168	168	Congress.
169	169	(b) On January 1 of each year ending in the numeral 9, the
170	170	contribution amount prescribed by Subsection (a)(1)(F) is
171	171	increased or decreased by an amount equal to the amount prescribed
172	172	by that paragraph on December 31 of the preceding year multiplied by
173	173	the percentage increase or decrease during the preceding decade in
174	174	the Consumer Price Index for All Urban Consumers (CPI-U), U.S. City
175	175	Average, as published by the United States Bureau of Labor
176	176	Statistics or its successor in function.
177	177	Sec. 581.058. SELECTION OF APPLICANT SUBPOOLS. (a) After
178	178	removing individuals with conflicts of interest from the applicant
179	179	pool under Section 581.057, the state auditor shall, not later than
180	180	August 1 of each census year, publicize the names of individuals in
181	181	the applicant pool.
182	182	(b) From the applicant pool described by Subsection (a), the
183	183	applicant review panel shall select:
184	184	(1) a majority subpool consisting of 20 of the most
185	185	qualified applicants who would qualify as majority party members
186	186	under Section 581.051(d)(1);
187	187	(2) a minority subpool consisting of 20 of the most
188	188	qualified applicants who would qualify as minority party members
189	189	under Section 581.051(d)(2); and
190	190	(3) an independent subpool consisting of 20 of the
191	191	most qualified applicants who would qualify as independent members
192	192	under Section 581.051(d)(3).
193	193	(c) The applicant review panel shall select the members of
194	194	the applicant subpools based on relevant analytical skills, ability
195	195	to be impartial, and appreciation for this state's diverse
196	196	demographics and geography.
197	197	(d) Not later than October 1 of each census year, the
198	198	applicant review panel shall present the members of the applicant
199	199	subpools to the caucus leaders of the majority party and minority
200	200	party of each house of the legislature as described by Section
201	201	581.059.
202	202	(e) Before presenting the applicant subpools as provided by
203	203	Subsection (d), a member of the applicant review panel may not
204	204	communicate with:
205	205	(1) a member, or a representative of a member, of the
206	206	United States Congress about any matter related to the selection
207	207	process; or
208	208	(2) a member of the applicant pool.
209	209	Sec. 581.059. STRIKES BY CAUCUS LEADERS. (a) Not later
210	210	than November 15 of each census year, the caucus leaders of the
211	211	majority party and minority party of each house of the legislature
212	212	may each strike up to two applicants from each applicant subpool
213	213	under Section 581.058(b), for a total of eight possible strikes per
214	214	applicant subpool.
215	215	(b) After all strikes have been made as provided by
216	216	Subsection (a), the caucus leaders shall present the remaining
217	217	members of each applicant subpool to the state auditor.
218	218	Sec. 581.060. DRAWING TO SELECT FIRST EIGHT COMMISSION
219	219	MEMBERS. Not later than November 20 of each census year, the state
220	220	auditor shall select the first eight members of the commission by
221	221	randomly drawing:
222	222	(1) three applicants from the majority subpool who
223	223	were not struck under Section 581.059;
224	224	(2) three applicants from the minority subpool who
225	225	were not struck under Section 581.059; and
226	226	(3) two applicants from the independent subpool who
227	227	were not struck under Section 581.059.
228	228	Sec. 581.061. APPOINTMENT OF SECOND SIX COMMISSION MEMBERS.
229	229	(a) Not later than December 31 of each census year, the eight
230	230	commission members selected under Section 581.060 shall review the
231	231	remaining names in each applicant subpool and appoint to the
232	232	commission:
233	233	(1) two remaining applicants from the majority subpool
234	234	who were not struck under Section 581.059;
235	235	(2) two remaining applicants from the minority subpool
236	236	who were not struck under Section 581.059; and
237	237	(3) two remaining applicants from the independent
238	238	subpool who were not struck under Section 581.059.
239	239	(b) An appointment under Subsection (a) must be approved by
240	240	at least five affirmative votes of commission members selected
241	241	under Section 581.060, including at least two votes of commission
242	242	members drawn from the majority subpool, at least two votes of
243	243	commission members drawn from the minority subpool, and at least
244	244	one vote of a commission member drawn from the independent subpool.
245	245	(c) In making appointments under Subsection (a), the
246	246	commission members shall ensure that the commission reflects this
247	247	state's diversity, including racial, ethnic, geographic, and
248	248	gender diversity. However, the legislature does not intend that
249	249	formulas or specific ratios be applied for this purpose.
250	250	(d) Appointments under Subsection (a) shall also be made
251	251	based on relevant analytical skills and the ability to be
252	252	impartial.
253	253	SUBCHAPTER C. ORGANIZATION OF COMMISSION
254	254	Sec. 581.101. OFFICERS. The commission shall select by a
255	255	vote of at least two-thirds of its members one member as chair and
256	256	one member as vice chair. The chair and vice chair may not both be
257	257	majority party members, minority party members, or independent
258	258	members as described by Section 581.051(d).
259	259	Sec. 581.102. REMOVAL OF COMMISSION MEMBER. (a) After
260	260	having been served written notice and provided with an opportunity
261	261	for a response, a commission member may be removed by the governor
262	262	with the concurrence of two-thirds of the members of the senate for
263	263	substantial neglect of duty, gross misconduct in office, or
264	264	inability to discharge the duties of office.
265	265	(b) A commission member removed for substantial neglect of
266	266	duty or gross misconduct in office may be referred to the attorney
267	267	general for criminal investigation or to an appropriate
268	268	administrative agency for investigation.
269	269	Sec. 581.103. VACANCY. (a) A vacancy on the commission
270	270	shall be filled, not later than the 30th day after the date the
271	271	vacancy occurs, by appointment by the commission of a remaining
272	272	applicant who was not struck under Section 581.059 from the same
273	273	applicant subpool as the vacating member.
274	274	(b) If a vacancy on the commission occurs and no applicant
275	275	from the same applicant subpool as the vacating member is available
276	276	for appointment to the commission, the state auditor and an
277	277	applicant review panel shall solicit and select an appropriate
278	278	number of new applicants for the applicable subpool using, to the
279	279	extent practicable, the procedures provided by Sections 581.055,
280	280	581.056, 581.057, and 581.058(a)-(c) but disregarding the
281	281	deadlines provided by those sections. The commission shall fill the
282	282	vacancy as soon as practicable by appointment of one of the new
283	283	applicants described by this subsection.
284	284	Sec. 581.104. BUDGET. The legislature may appropriate to
285	285	the state auditor, the secretary of state, and the commission
286	286	amounts sufficient to implement the redistricting process required
287	287	by this chapter.
288	288	SUBCHAPTER D. COMMISSION POWERS AND DUTIES
289	289	Sec. 581.151. REDISTRICTING PLAN; STANDARDS. (a) The
290	290	commission shall establish districts described by Section 581.002
291	291	through a mapping process using the following criteria in the
292	292	following order of priority:
293	293	(1) districts must comply with the United States
294	294	Constitution;
295	295	(2) districts must achieve population equality as
296	296	nearly as is practicable;
297	297	(3) districts must comply with the federal Voting
298	298	Rights Act of 1965 (52 U.S.C. Section 10101 et seq.);
299	299	(4) districts must be geographically contiguous;
300	300	(5) the geographic integrity of each municipality,
301	301	county, local neighborhood, and local community of interest must be
302	302	respected in a manner that minimizes its division to the extent
303	303	possible without violating the requirements of any of the preceding
304	304	subdivisions; and
305	305	(6) to the extent practicable and to the extent that
306	306	compliance with this subdivision does not preclude compliance with
307	307	any of the preceding subdivisions, districts must be drawn to
308	308	encourage geographical compactness so that nearby areas of
309	309	population are not bypassed for more distant areas of population.
310	310	(b) For purposes of Subsection (a)(5), a community of
311	311	interest is a contiguous population that shares common social and
312	312	economic interests that should be included within a single district
313	313	for purposes of that population's effective and fair
314	314	representation. Communities of interest may not be determined
315	315	based on relationships with political parties, incumbents, or
316	316	political candidates.
317	317	(c) The place of residence of any incumbent or political
318	318	candidate may not be considered in the creation of a map. Districts
319	319	may not be drawn for the purpose of favoring or discriminating
320	320	against an incumbent, political candidate, or political party.
321	321	(d) Not later than September 15 of each year following a
322	322	census year, the commission shall approve a final map that sets
323	323	forth the boundary lines of the districts for the election of the
324	324	members of the United States House of Representatives elected from
325	325	this state. On approval, the commission shall certify each final
326	326	map to the secretary of state.
327	327	(e) The commission shall issue, with the final map, a report
328	328	that explains the basis on which the commission made its decisions
329	329	in achieving compliance with the criteria listed in Subsection (a)
330	330	and shall include definitions of the terms and standards used in
331	331	drawing the final map.
332	332	(f) If the commission fails to approve a final map with the
333	333	vote and by the date required by this section, the secretary of
334	334	state shall immediately petition the Texas Supreme Court for an
335	335	order directing the appointment of special masters to adjust the
336	336	boundary lines of the districts required to be included in that map
337	337	in accordance with the redistricting criteria and requirements
338	338	provided by Subsections (a), (b), and (c). On approval of the
339	339	special masters' map, the Texas Supreme Court shall certify the map
340	340	to the secretary of state and the map constitutes the certified
341	341	final map for the districts included in the map.
342	342	(g) The boundary lines of the districts contained in a
343	343	certified final map apply beginning with the next statewide general
344	344	election and any corresponding primary elections.
345	345	Sec. 581.152. OPEN MEETINGS. (a) The commission is a
346	346	governmental body for purposes of Chapter 551.
347	347	(b) Notwithstanding Chapter 551, the secretary of state
348	348	must post notice on the secretary of state's Internet website of a
349	349	meeting of the commission for at least:
350	350	(1) 14 days before the date of a meeting, other than a
351	351	meeting described by Subdivision (2); or
352	352	(2) three days before the date of a meeting held in
353	353	September of a year following a census year.
354	354	(c) Except in a closed meeting authorized by Subchapter D,
355	355	Chapter 551, a member or employee of the commission may not
356	356	communicate with or knowingly receive communications about a
357	357	redistricting matter from anyone outside of an open meeting.
358	358	Sec. 581.153. PUBLIC INFORMATION. (a) The commission is a
359	359	governmental body for purposes of Chapter 552.
360	360	(b) The commission shall post information relating to
361	361	redistricting and all data considered by the commission in a manner
362	362	that ensures immediate and widespread public access.
363	363	Sec. 581.154. EMPLOYEES AND CONTRACTORS. (a) The
364	364	commission may hire employees and hire or contract with legal
365	365	counsel and consultants as needed in the manner provided by this
366	366	section.
367	367	(b) The commission must make hiring, removal, or
368	368	contracting decisions for employees, legal counsel, and
369	369	consultants by the affirmative vote of at least nine members,
370	370	including at least three majority party members, at least three
371	371	minority party members, and at least three independent members as
372	372	described by Section 581.051(d).
373	373	(c) The commission shall ensure that at least one of the
374	374	legal counsel hired by the commission has demonstrated extensive
375	375	experience and expertise in implementing and enforcing the federal
376	376	Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).
377	377	(d) The commission shall establish for individuals
378	378	described by Subsection (a):
379	379	(1) clear criteria for hiring and removal;
380	380	(2) communication protocols; and
381	381	(3) a code of conduct.
382	382	(e) To the extent practicable, the commission shall avoid
383	383	selecting employees, legal counsel, or consultants who would be
384	384	disqualified from commission membership because of a conflict of
385	385	interest described by Section 581.057(a).
386	386	Sec. 581.155. PUBLIC OUTREACH. (a) The commission shall
387	387	establish and implement an open hearing process for public input
388	388	and deliberation that is subject to public notice and promoted
389	389	through a thorough outreach program to solicit broad public
390	390	participation in the redistricting public review process.
391	391	(b) The hearing process must include hearings to receive
392	392	public input before the commission draws any maps and hearings
393	393	following the drawing and display of any commission maps. In
394	394	addition, the commission shall supplement hearings with other
395	395	appropriate activities to further increase opportunities for the
396	396	public to observe and participate in the review process.
397	397	(c) The commission shall hold a public hearing in each
398	398	proposed district and display maps for public comment in a manner
399	399	designed to achieve the widest public access reasonably possible.
400	400	(d) The commission shall publicly display a preliminary map
401	401	for congressional districts and shall accept public comment for at
402	402	least 14 days after the date the preliminary map is first publicly
403	403	displayed. The commission may not display any other maps for public
404	404	comment during that 14-day period.
405	405	(e) The commission shall review all public comment and other
406	406	testimony received at each hearing and make any necessary revisions
407	407	before approving a final map.
408	408	(f) A hearing conducted under this section must be recorded
409	409	on videotape or a functionally similar and widely available medium
410	410	and made publicly available on the legislature's Internet website
411	411	not later than 48 hours after the hearing.
412	412	Sec. 581.156. LEGAL CHALLENGE. (a) The commission has sole
413	413	standing to defend a legal challenge to a final map certified under
414	414	Section 581.151 before a court other than the Texas Supreme Court or
415	415	a court of appeals. The legislature may provide adequate funding
416	416	and other resources to the commission to defend a certified final
417	417	map. The attorney general shall, at the commission's request,
418	418	represent the commission in defense of a certified final map. The
419	419	commission may, in its sole discretion, retain legal counsel other
420	420	than the attorney general to represent the commission in defense of
421	421	a certified final map before a court other than the supreme court or
422	422	a court of appeals.
423	423	(b) Any registered voter in this state may file a petition
424	424	for a writ of mandamus or writ of prohibition, not later than the
425	425	45th day after a final map is certified to the secretary of state,
426	426	to bar the secretary of state from implementing the map on the
427	427	grounds that the map violates the Texas Constitution, the United
428	428	States Constitution, or any federal or state statute.
429	429	(c) If the court determines that a final certified map
430	430	violates the Texas Constitution, the United States Constitution, or
431	431	any federal or state statute, the court shall fashion the relief
432	432	that the court deems appropriate, including the relief described by
433	433	Section 581.151(f).
434	434	SUBCHAPTER E. ADMINISTRATIVE SUPPORT AND OTHER RESOURCES
435	435	Sec. 581.201. ADMINISTRATIVE SUPPORT BY SECRETARY OF STATE.
436	436	Following the appointment of new commission members in each census
437	437	year, the secretary of state shall provide administrative support
438	438	to the commission until the commission's staff and office are fully
439	439	functional.
440	440	Sec. 581.202. PER DIEM AND EXPENSES. (a) A commission
441	441	member is entitled to a per diem of $300 or the amount provided by
442	442	Subsection (b) for each day the member is engaged in commission
443	443	business.
444	444	(b) On January 1 of each census year the per diem amount
445	445	prescribed by Subsection (a) is increased or decreased by an amount
446	446	equal to the amount prescribed by that subsection on December 31 of
447	447	the preceding year multiplied by the percentage increase or
448	448	decrease during the preceding decade in the Consumer Price Index
449	449	for All Urban Consumers (CPI-U), U.S. City Average, as published by
450	450	the United States Bureau of Labor Statistics or its successor in
451	451	function.
452	452	(c) A commission member is eligible for reimbursement of
453	453	expenses incurred in connection with the member's performance of
454	454	duties under this chapter.
455	455	(d) For purposes of calculating expense reimbursement, a
456	456	member's residence is considered to be the member's place of
457	457	employment.
458	458	SECTION 3. Section 2058.002(a), Government Code, is amended
459	459	to read as follows:
460	460	(a) The legislature, the Independent Citizen Redistricting
461	461	Commission, or the Legislative Redistricting Board under Section
462	462	28, Article III, [Section 28, of the] Texas Constitution, may
463	463	officially recognize or act on a federal decennial census before
464	464	September 1 of the year after the calendar year during which the
465	465	census was taken.
466	466	SECTION 4. This Act takes effect January 1, 2022.