Texas 2021 - 87th Regular

Texas House Bill HB3094 Compare Versions

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1	1	87R12228 JRJ-F
2	2	By: Goodwin H.B. No. 3094
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Texas Redistricting Commission.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 42.032, Election Code, is amended to
10	10	read as follows:
11	11	Sec. 42.032. REDISTRICTING: BOUNDARY CHANGES. If changes
12	12	in county election precinct boundaries are necessary to give effect
13	13	to a redistricting plan under Article III, Section 28a [28], [of
14	14	the] Texas Constitution, each commissioners court shall order the
15	15	changes before October 1 of the year in which the redistricting is
16	16	done.
17	17	SECTION 2. The heading to Title 5, Government Code, is
18	18	amended to read as follows:
19	19	TITLE 5. OPEN GOVERNMENT; ETHICS; REDISTRICTING
20	20	SECTION 3. Title 5, Government Code, is amended by adding
21	21	Subtitle C to read as follows:
22	22	SUBTITLE C. REDISTRICTING
23	23	CHAPTER 581. TEXAS REDISTRICTING COMMISSION
24	24	SUBCHAPTER A. GENERAL PROVISIONS
25	25	Sec. 581.001. DEFINITIONS. In this chapter:
26	26	(1) "Census year," "commission," "majority party,"
27	27	and "minority party" have the meanings assigned by Section 28b(a),
28	28	Article III, Texas Constitution.
29	29	(2) "Immediate family member" means a person's parent,
30	30	child, sibling, in-law, or other individual with whom the person
31	31	has a bona fide family relationship established through blood or
32	32	legal relation.
33	33	Sec. 581.002. COMPUTATION OF TIME. For purposes of this
34	34	chapter, a day means a calendar day, except that if the final day of
35	35	a period within which an action may or must be performed is a
36	36	Saturday, Sunday, national holiday, or state holiday, the period is
37	37	extended to the next day that is not a Saturday, Sunday, or holiday.
38	38	Sec. 581.003. RETALIATION FOR ATTENDING COMMISSION MEETING
39	39	PROHIBITED. Notwithstanding any other law, an employer may not
40	40	discharge, threaten to discharge, intimidate, coerce, or retaliate
41	41	against an employee because of the employee's attendance or
42	42	scheduled attendance at any meeting of the commission.
43	43	SUBCHAPTER B. SELECTION OF COMMISSION MEMBERS
44	44	Sec. 581.051. APPLICATIONS. (a) Not later than January 1
45	45	of each census year, the state auditor shall initiate an
46	46	application process for commission members.
47	47	(b) The process must be open to all registered voters of
48	48	this state and promote a diverse and qualified applicant pool.
49	49	Sec. 581.052. APPLICANT REVIEW PANEL. (a) The state
50	50	auditor shall establish an applicant review panel consisting of
51	51	three interested citizens to screen applicants. The state auditor
52	52	shall randomly draw the names of three interested citizens from a
53	53	pool consisting of all citizens who have applied under procedures
54	54	established by the state auditor to serve on the applicant review
55	55	panel. The state auditor shall draw until the names of three
56	56	interested citizens have been drawn, including:
57	57	(1) one who would qualify as a majority party member of
58	58	the commission under Section 28b(e)(1), Article III, Texas
59	59	Constitution;
60	60	(2) one who would qualify as a minority party member of
61	61	the commission under Section 28b(e)(2), Article III, Texas
62	62	Constitution; and
63	63	(3) one who would qualify as an independent member of
64	64	the commission under Section 28b(e)(3), Article III, Texas
65	65	Constitution.
66	66	(b) After the drawing under Subsection (a), the state
67	67	auditor shall notify the three citizens whose names have been drawn
68	68	that they have been selected to serve on the panel. If any of the
69	69	three citizens decline to serve on the panel, the state auditor
70	70	shall resume the random drawing until three citizens who meet the
71	71	requirements of Subsection (a) have agreed to serve on the panel.
72	72	(c) An individual may not serve on the panel if the
73	73	individual has a conflict of interest described by Section 581.053.
74	74	(d) A member of the panel may not receive compensation but
75	75	is entitled to reimbursement of the travel expenses incurred by the
76	76	member while conducting the business of the panel, as provided in
77	77	the General Appropriations Act. A member's residence is considered
78	78	to be the member's place of employment for purposes of
79	79	reimbursement of expenses.
80	80	Sec. 581.053. CONFLICTS OF INTEREST. (a) The state auditor
81	81	shall remove an applicant with a conflict of interest from the
82	82	applicant pool, including an applicant:
83	83	(1) who at any point during the 10 years preceding the
84	84	application date:
85	85	(A) was appointed or elected to, or was a
86	86	candidate for, federal or state office;
87	87	(B) served as an officer, employee, or paid
88	88	consultant of a political party or of the campaign committee of a
89	89	candidate for elective federal or state office;
90	90	(C) served as an elected or appointed member of a
91	91	political party's executive committee;
92	92	(D) was a registered lobbyist;
93	93	(E) served as a paid staff member for Congress,
94	94	the legislature, or the State Board of Education; or
95	95	(F) contributed at least $2,000 or the amount
96	96	provided by Subsection (b) to any congressional, state, or local
97	97	candidate for elective public office in any year;
98	98	(2) with an immediate family member who would be
99	99	disqualified as an applicant under Subdivision (1); or
100	100	(3) who is an employee of, a consultant to, party to a
101	101	contract with, or an immediate family member of the governor, a
102	102	member of the legislature, a member of the State Board of Education,
103	103	or a member of Congress.
104	104	(b) Beginning in 2039, on January 1 of each year ending in
105	105	the numeral 9, the contribution amount prescribed by Subsection
106	106	(a)(1)(F) is increased or decreased by an amount equal to the amount
107	107	prescribed by that subsection on December 31 of the preceding year
108	108	multiplied by the percentage increase or decrease during the
109	109	preceding decade in the Consumer Price Index for All Urban
110	110	Consumers (CPI-U), U.S. City Average, as published by the United
111	111	States Bureau of Labor Statistics or its successor in function.
112	112	Sec. 581.054. SELECTION OF APPLICANT SUBPOOLS. (a) After
113	113	removing individuals with conflicts of interest from the applicant
114	114	pool under Section 581.053, the state auditor shall, not later than
115	115	August 1 of each census year, publicize the names of individuals in
116	116	the applicant pool.
117	117	(b) From the applicant pool described by Subsection (a), the
118	118	applicant review panel shall select:
119	119	(1) a majority subpool consisting of 20 of the most
120	120	qualified applicants who would qualify as majority party members
121	121	under Section 28b(e)(1), Article III, Texas Constitution;
122	122	(2) a minority subpool consisting of 20 of the most
123	123	qualified applicants who would qualify as minority party members
124	124	under Section 28b(e)(2), Article III, Texas Constitution; and
125	125	(3) an independent subpool consisting of 20 of the
126	126	most qualified applicants who would qualify as independent members
127	127	under Section 28b(e)(3), Article III, Texas Constitution.
128	128	(c) The applicant review panel shall select the members of
129	129	the applicant subpools based on relevant analytical skills, ability
130	130	to be impartial, and appreciation for this state's diverse
131	131	demographics and geography.
132	132	(d) Not later than October 1 of each census year, the
133	133	applicant review panel shall present the members of the applicant
134	134	subpools to the caucus leaders of the majority party and minority
135	135	party of each house of the legislature as described by Section
136	136	581.055.
137	137	(e) Before presenting the applicant subpools as provided by
138	138	Subsection (d), a member of the applicant review panel may not
139	139	communicate with:
140	140	(1) a member, or a representative of a member, of the
141	141	senate, the house of representatives, the State Board of Education,
142	142	or Congress about any matter related to the selection process; or
143	143	(2) a member of the applicant pool.
144	144	Sec. 581.055. STRIKES BY CAUCUS LEADERS. (a) Not later
145	145	than November 15 of each census year, the caucus leaders of the
146	146	majority party and minority party of each house of the legislature
147	147	may each strike up to two applicants from each applicant subpool
148	148	under Section 581.054(b), for a total of eight possible strikes per
149	149	applicant subpool.
150	150	(b) After all strikes have been made as provided by
151	151	Subsection (a), the caucus leaders shall present the remaining
152	152	members of each applicant subpool to the state auditor.
153	153	Sec. 581.056. DRAWING TO SELECT FIRST EIGHT COMMISSION
154	154	MEMBERS. Not later than November 20 of each census year, the state
155	155	auditor shall select the first eight members of the commission by
156	156	randomly drawing:
157	157	(1) three applicants from the majority subpool who
158	158	were not struck under Section 581.055;
159	159	(2) three applicants from the minority subpool who
160	160	were not struck under Section 581.055; and
161	161	(3) two applicants from the independent subpool who
162	162	were not struck under Section 581.055.
163	163	Sec. 581.057. APPOINTMENT OF SECOND SIX COMMISSION MEMBERS.
164	164	(a) Not later than December 31 of each census year, the eight
165	165	commission members selected under Section 581.056 shall review the
166	166	remaining names in each applicant subpool and appoint to the
167	167	commission:
168	168	(1) two remaining applicants from the majority subpool
169	169	who were not struck under Section 581.055;
170	170	(2) two remaining applicants from the minority subpool
171	171	who were not struck under Section 581.055; and
172	172	(3) two remaining applicants from the independent
173	173	subpool who were not struck under Section 581.055.
174	174	(b) An appointment under Subsection (a) must be approved by
175	175	at least five affirmative votes of commission members selected
176	176	under Section 581.056, including at least two votes of commission
177	177	members drawn from the majority subpool, at least two votes of
178	178	commission members drawn from the minority subpool, and at least
179	179	one vote of a commission member drawn from the independent subpool.
180	180	(c) In making appointments under Subsection (a), the
181	181	commission members shall ensure that the commission reflects this
182	182	state's diversity, including racial, ethnic, geographic, and
183	183	gender diversity. However, the legislature does not intend that
184	184	formulas or specific ratios be applied for this purpose.
185	185	(d) Appointments under Subsection (a) shall also be made
186	186	based on relevant analytical skills and the ability to be
187	187	impartial.
188	188	SUBCHAPTER C. ORGANIZATION OF COMMISSION
189	189	Sec. 581.101. OFFICERS. The commission shall select by a
190	190	vote of at least two-thirds of its members one member as chair and
191	191	one member as vice chair. The chair and vice chair may not both be
192	192	majority party members, minority party members, or independent
193	193	members as described by Section 28b(e), Article III, Texas
194	194	Constitution.
195	195	Sec. 581.102. REMOVAL OF COMMISSION MEMBER. (a) After
196	196	having been served written notice and provided with an opportunity
197	197	for a response, a commission member may be removed by the governor
198	198	with the concurrence of two-thirds of the members of the senate for
199	199	substantial neglect of duty, gross misconduct in office, or
200	200	inability to discharge the duties of office.
201	201	(b) A commission member removed for substantial neglect of
202	202	duty or gross misconduct in office may be referred to the attorney
203	203	general for criminal investigation or to an appropriate
204	204	administrative agency for investigation.
205	205	Sec. 581.103. VACANCY. (a) A vacancy on the commission
206	206	shall be filled, not later than the 30th day after the date the
207	207	vacancy occurs, by appointment by the commission of a remaining
208	208	applicant who was not struck under Section 581.055 from the same
209	209	applicant subpool as the vacating member.
210	210	(b) If a vacancy on the commission occurs and no applicant
211	211	from the same applicant subpool as the vacating member is available
212	212	for appointment to the commission, the state auditor and an
213	213	applicant review panel shall solicit and select an appropriate
214	214	number of new applicants for the applicable subpool using, to the
215	215	extent practicable, the procedures provided by Sections 581.051,
216	216	581.052, 581.053, and 581.054(a)-(c) but disregarding the
217	217	deadlines provided by those sections. The commission shall fill the
218	218	vacancy as soon as practicable by appointment of one of the new
219	219	applicants described by this subsection.
220	220	SUBCHAPTER D. COMMISSION POWERS AND DUTIES
221	221	Sec. 581.151. OPEN MEETINGS. (a) The commission is a
222	222	governmental body for purposes of Chapter 551.
223	223	(b) Notwithstanding Chapter 551, the secretary of state
224	224	must post notice on the Internet of a meeting of the commission for
225	225	at least:
226	226	(1) 14 days before the date of a meeting, other than a
227	227	meeting described by Subdivision (2); or
228	228	(2) three days before the date of a meeting held in
229	229	September of a year following a census year.
230	230	(c) Except in a closed meeting authorized by Subchapter D,
231	231	Chapter 551, a member or employee of the commission may not
232	232	communicate with or knowingly receive communications about a
233	233	redistricting matter from anyone outside of an open meeting.
234	234	Sec. 581.152. PUBLIC INFORMATION. (a) The commission is a
235	235	governmental body for purposes of Chapter 552.
236	236	(b) The commission shall post information relating to
237	237	redistricting and all data considered by the commission in a manner
238	238	that ensures immediate and widespread public access.
239	239	Sec. 581.153. EMPLOYEES AND CONTRACTORS. (a) The
240	240	commission may hire employees and hire or contract with legal
241	241	counsel and consultants as needed in the manner provided by this
242	242	section.
243	243	(b) The commission must make hiring, removal, or
244	244	contracting decisions for employees, legal counsel, and
245	245	consultants by the affirmative vote of at least nine members,
246	246	including at least three majority party members, at least three
247	247	minority party members, and at least three independent members as
248	248	described by Section 28b(e), Article III, Texas Constitution.
249	249	(c) The commission shall ensure that at least one of the
250	250	legal counsel hired by the commission has demonstrated extensive
251	251	experience and expertise in implementing and enforcing the federal
252	252	Voting Rights Act of 1965 (52 U.S.C. Section 10101 et seq.).
253	253	(d) The commission shall establish for individuals
254	254	described by Subsection (a):
255	255	(1) clear criteria for hiring and removal;
256	256	(2) communication protocols; and
257	257	(3) a code of conduct.
258	258	(e) To the extent practicable, the commission shall avoid
259	259	selecting employees, legal counsel, or consultants who would be
260	260	disqualified from commission membership because of a conflict of
261	261	interest described by Section 581.053(a).
262	262	Sec. 581.154. PUBLIC OUTREACH. (a) The commission shall
263	263	establish and implement an open hearing process for public input
264	264	and deliberation that is subject to public notice and promoted
265	265	through a thorough outreach program to solicit broad public
266	266	participation in the redistricting public review process.
267	267	(b) The hearing process must include hearings to receive
268	268	public input before the commission draws any maps and hearings
269	269	following the drawing and display of any commission maps. In
270	270	addition, the commission shall supplement hearings with other
271	271	appropriate activities to further increase opportunities for the
272	272	public to observe and participate in the review process.
273	273	(c) The commission shall display maps for public comment in
274	274	a manner designed to achieve the widest public access reasonably
275	275	possible.
276	276	(d) The commission shall publicly display preliminary maps
277	277	for congressional, senate, house of representatives, and State
278	278	Board of Education districts and shall accept public comment for at
279	279	least 14 days after the date the preliminary maps are first publicly
280	280	displayed. The commission may not display any other maps for public
281	281	comment during that 14-day period.
282	282	Sec. 581.155. PROCUREMENT AND CONTRACTING. The commission,
283	283	with fiscal oversight from the comptroller, has procurement and
284	284	contracting authority.
285	285	SUBCHAPTER E. ADMINISTRATIVE SUPPORT AND OTHER RESOURCES
286	286	Sec. 581.201. ADMINISTRATIVE SUPPORT BY SECRETARY OF STATE.
287	287	Following the appointment of new commission members in each census
288	288	year, the secretary of state shall provide administrative support
289	289	to the commission until the commission's staff and office are fully
290	290	functional.
291	291	Sec. 581.202. COMPUTER RESOURCES. The legislature shall
292	292	ensure that a complete and accurate computerized database is
293	293	available for redistricting and that procedures are in place to
294	294	provide the public with ready access to redistricting data and
295	295	computer software for drawing maps. The legislature shall
296	296	coordinate these efforts with the commission from the time the
297	297	commission is formed until the commission dissolves.
298	298	Sec. 581.203. PER DIEM AND EXPENSES. (a) A commission
299	299	member is entitled to a per diem of $300 or the amount provided by
300	300	Subsection (b) for each day the member is engaged in commission
301	301	business.
302	302	(b) Beginning in 2040, on January 1 of each census year the
303	303	per diem amount prescribed by Subsection (a) is increased or
304	304	decreased by an amount equal to the amount prescribed by that
305	305	subsection on December 31 of the preceding year multiplied by the
306	306	percentage increase or decrease during the preceding decade in the
307	307	Consumer Price Index for All Urban Consumers (CPI-U), U.S. City
308	308	Average, as published by the United States Bureau of Labor
309	309	Statistics or its successor in function.
310	310	(c) A commission member is eligible for reimbursement of
311	311	expenses incurred in connection with the member's performance of
312	312	duties under this chapter and under Sections 28a, 28b, and 28c,
313	313	Article III, Texas Constitution.
314	314	(d) For purposes of calculating expense reimbursement, a
315	315	member's residence is considered to be the member's place of
316	316	employment.
317	317	SECTION 4. Section 24.945(e), Government Code, is amended
318	318	to read as follows:
319	319	(e) The legislature, the Judicial Districts Board, or the
320	320	Texas [Legislative] Redistricting Commission [Board] may not
321	321	redistrict the judicial districts to provide for any judicial
322	322	district smaller in size than an entire county except as provided by
323	323	this subsection. Judicial districts smaller in size than the
324	324	entire county may be created subsequent to a general election in
325	325	which a majority of the persons voting on the proposition adopt the
326	326	proposition "to allow the division of ____________________ County
327	327	into judicial districts composed of parts of ____________________
328	328	County." A redistricting plan may not be proposed or adopted by the
329	329	legislature, the Judicial Districts Board, or the Texas
330	330	[Legislative] Redistricting Commission [Board] in anticipation of
331	331	a future action by the voters of any county.
332	332	SECTION 5. Section 24.946(a), Government Code, is amended
333	333	to read as follows:
334	334	(a) The board shall meet in accordance with its own rules.
335	335	The board shall meet at least once in each interim between regular
336	336	sessions of the legislature and shall exercise its reapportionment
337	337	powers only in the interims between regular legislative sessions.
338	338	Meetings of the board shall be subject to the provisions of Chapter
339	339	551, except as otherwise provided by this subchapter. A
340	340	reapportionment may not be ordered in the interim immediately
341	341	following a regular session of the legislature in which a valid and
342	342	subsisting statewide reapportionment of judicial districts is
343	343	enacted by the legislature. Unless the legislature enacts a
344	344	statewide reapportionment of the judicial districts following each
345	345	federal decennial census, the board shall convene not later than
346	346	the first Monday of June of the third year following the year in
347	347	which the federal decennial census is taken to make a statewide
348	348	reapportionment of the districts. The board shall complete its
349	349	work on the reapportionment and file its order with the secretary of
350	350	state not later than August 31 of the same year. If the Judicial
351	351	Districts Board fails to make a statewide apportionment by that
352	352	date, the Texas [Legislative] Redistricting Commission [Board]
353	353	established by Article III, Section 28b [28], [of the] Texas
354	354	Constitution shall make a statewide reapportionment of the judicial
355	355	districts not later than the 90th [150th] day after the final day
356	356	for the Judicial Districts Board to make the reapportionment, and
357	357	that apportionment takes effect as provided by Sections 24.948 and
358	358	24.949.
359	359	SECTION 6. Section 2058.002(a), Government Code, is amended
360	360	to read as follows:
361	361	(a) The legislature or the Texas [Legislative]
362	362	Redistricting Commission [Board] under Article III, Section 28b
363	363	[28], [of the] Texas Constitution may officially recognize or act
364	364	on a federal decennial census before September 1 of the year after
365	365	the calendar year during which the census was taken.
366	366	SECTION 7. (a) Notwithstanding the deadline provided by
367	367	Section 581.051(a), Government Code, as added by this Act, the
368	368	state auditor shall initiate the initial application process
369	369	described by that subsection as soon as practicable after January
370	370	1, 2030.
371	371	(b) Notwithstanding the deadline provided by Section
372	372	581.054(a), Government Code, as added by this Act, the state
373	373	auditor shall publicize the names of individuals in the initial
374	374	applicant pool described by that subsection not later than May 1,
375	375	2030.
376	376	SECTION 8. (a) Except as otherwise provided by Subsections
377	377	(b) and (c) of this section, this Act takes effect January 1, 2030.
378	378	(b) Except as otherwise provided by Subsection (c) of this
379	379	section, Section 42.032, Election Code, as amended by this Act, and
380	380	Sections 24.945(e), 24.946(a), and 2058.002(a), Government Code,
381	381	as amended by this Act, take effect January 1, 2031.
382	382	(c) This Act takes effect only if the constitutional
383	383	amendment proposed by the 87th Legislature, Regular Session, 2021,
384	384	establishing the Texas Redistricting Commission to redistrict the
385	385	Texas Legislature, Texas congressional districts, and State Board
386	386	of Education districts and revising procedures for redistricting is
387	387	approved by the voters. If that proposed constitutional amendment
388	388	is not approved by the voters, this Act has no effect.