87R5000 BEF-D
By: González of Dallas H.B. No. 3112
A BILL TO BE ENTITLED
AN ACT
relating to procedures for public involvement in redistricting of
state legislative districts and congressional districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 3, Government Code, is amended by adding
Subtitle D to read as follows:
SUBTITLE D. REDISTRICTING
CHAPTER 331. PUBLIC INVOLVEMENT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 331.001. DEFINITIONS. In this chapter:
(1) "Council" means the Texas Legislative Council.
(2) "Redistricting plan" means a bill that establishes
or modifies the boundaries of districts for the election of members
of the Texas Senate, the Texas House of Representatives, or the
United States House of Representatives who are elected from this
state. The term includes a substitute for or other amendment to a
bill.
(3) "Website" means an Internet website established
under Subchapter B.
SUBCHAPTER B. REDISTRICTING WEBSITE
Sec. 331.051. ESTABLISHMENT OF WEBSITE. (a) As soon as
practicable after a federal decennial census is taken but not later
than February 1 of the year following the year in which that census
is taken, the council shall establish an Internet website that
provides the public with information about the legislature's
redistricting activities based on that census.
(b) The website must be limited to the subject of
redistricting.
Sec. 331.052. CONTENT OF WEBSITE. (a) The council shall:
(1) continuously update the website to provide advance
notice of public hearings, committee meetings, and legislative
debates on redistricting plans;
(2) provide on the website the most recent available
information regarding voting age population, voter registration,
and election returns for election precincts and census tracts in
this state, including detailed maps depicting that information;
(3) allow individuals to submit through the website
comments on any redistricting plan being considered by the
legislature and questions, comments, and other information
regarding the legislature's redistricting activities; and
(4) include on the website any other information
required under this chapter.
(b) Except as provided by Subsection (c), the council shall
ensure that any comment submitted to the website by a member of the
public regarding a redistricting plan or otherwise related to
redistricting is publicly available on the website not later than
72 hours after submission.
(c) The council may exclude from the website obscene,
threatening, harassing, or similarly offensive comments and
comments unrelated to redistricting. The council shall provide
copies of those comments to adult members of the public on request.
Sec. 331.053. DURATION OF WEBSITE. The council shall
ensure that the information required to be included on the website
relating to the legislature's redistricting activities based on a
federal decennial census remains accessible to the public on that
website until the website relating to the legislature's
redistricting activities based on the next federal decennial census
is established.
SUBCHAPTER C. REQUIREMENTS FOR LEGISLATIVE COMMITTEES
CONSIDERING REDISTRICTING LEGISLATION
Sec. 331.101. REDISTRICTING CRITERIA AND PROCEDURES.
Before considering any redistricting plan, the standing committees
of the senate and the house of representatives with primary
jurisdiction over redistricting shall solicit input from members of
the public regarding the legislature's criteria and procedures for
considering redistricting plans by:
(1) holding the public hearings required by Section
331.102; and
(2) posting those criteria and procedures on the
website.
Sec. 331.102. COMMITTEE HEARINGS ON REDISTRICTING CRITERIA
AND PROCEDURES. (a) Before considering a redistricting plan, the
standing committees of the senate and the house of representatives
with primary jurisdiction over redistricting shall each hold at
least 10 public hearings to consider redistricting criteria and
procedures during the year before the final data from a federal
decennial census is published and at least five public hearings to
consider those criteria and procedures after that data is
published. The committees may hold the hearings jointly or
separately.
(b) The committees shall hold each hearing in a different
congressional district in this state, including one hearing in the
congressional district with the greatest change in population since
the previous congressional apportionment. The committees shall
consider holding other hearings in congressional districts that
have experienced large changes in population.
(c) The committees shall provide public notice at least
seven days before each hearing. The notice must include the time
and location of the hearing and notice that members of the public
may provide comments on the criteria and procedures the committees
will use to consider redistricting plans and on other issues
related to redistricting.
(d) The committees shall allow individuals at remote
locations throughout the state to view and provide public testimony
at the hearings by videoconference.
(e) A committee shall post on the website a transcript of or
link to a video recording of each hearing not later than the seventh
day after conclusion of the hearing.
Sec. 331.103. REDISTRICTING PLAN PROPOSED BY COMMITTEE.
(a) A committee of the senate shall post the information required
by this section at least 72 hours before reporting from the
committee a redistricting plan originating in the senate. A
committee of the house of representatives shall post the
information required by this section at least 72 hours before
reporting from the committee a redistricting plan originating in
the house.
(b) A committee shall post on the website:
(1) a map showing each district in the redistricting
plan reported from the committee;
(2) the total population and voting age population of
each district in the redistricting plan reported from the
committee, including a breakdown of those populations by race and
by membership in language minority groups;
(3) all data and other factual information, in written
or electronic form, in the possession of a member, delegation, or
caucus of the legislature that is:
(A) relevant to the redistricting plan reported
from the committee or another version of that plan; and
(B) in any way descriptive of a population
residing in a geographic area included in the plan;
(4) all factual information relevant to the
redistricting plan reported from the committee or another version
of that plan that is known by or obtained from a consulting expert,
attorney, or representative of an attorney, including any facts
determined through an analysis or test performed by a consulting
expert or attorney, but not including information that is
exclusively the mental impression, opinion, conclusion, or legal
theory of a consulting expert or attorney;
(5) all opinions, mental impressions, and conclusions
of an attorney or consulting expert retained by a member,
delegation, or caucus of the legislature that:
(A) are relevant to the redistricting plan
reported from the committee or another version of that plan; and
(B) have been disclosed to:
(i) an employee of the legislature, other
than an employee of a person who retained the attorney or consulting
expert; or
(ii) a member of the legislature who did not
retain the attorney or consulting expert or who is not a member of
the delegation or caucus that retained the attorney or consulting
expert;
(6) a statement explaining the committee's reasons for
proposing adoption of the redistricting plan reported from the
committee and reasons why the proposed adoption will best serve the
public interest;
(7) any dissenting statement provided by a member of
the committee who does not approve the redistricting plan reported
from the committee; and
(8) notice that members of the public may submit
comments regarding the redistricting plan reported from the
committee through the website, at a public hearing, or by any other
available means.
(c) A committee shall post on the website a machine-readable
file containing the information described by Subsections (b)(1) and
(2).
(d) Any information required to be posted under Subsection
(b) that originates in an electronic form, including a shapefile or
equivalency file, must be posted in:
(1) the original electronic form; and
(2) a form that is reasonably usable by and accessible
to the general public.
(e) A new or amended version of a redistricting plan is
subject to the requirements of Subsection (a), regardless of
whether the committee complied with those requirements with respect
to an earlier version of the plan, unless the committee determines
that compliance with those requirements is likely to prevent
adoption of the plan before the end of the legislative session.
Sec. 331.104. HEARINGS ON PLANS PROPOSED BY COMMITTEE. (a)
A committee of the senate shall hold at least two public hearings on
a redistricting plan after an affirmative vote to report the
redistricting plan from the committee and before the redistricting
plan is considered by the full senate.
(b) A committee of the house of representatives shall hold
at least two public hearings on a redistricting plan after an
affirmative vote to report the redistricting plan from the
committee and before the redistricting plan is considered by the
full house.
(c) Except as otherwise provided by this subsection, a
committee shall hold each hearing in a different congressional
district in this state, including one hearing in the congressional
district with the greatest change in population since the previous
decennial congressional apportionment. If the committee is unable
to hold hearings throughout the state, the committee shall allow
public participation in the hearings from various congressional
districts throughout this state by videoconference.
(d) A committee shall provide public notice at least 72
hours before each hearing. The notice must include the time and
location of the hearing, notice that members of the public may
attend the hearing and provide comments on the redistricting plan,
and notice that members of the committee will be available at the
hearing to explain the reasons why adoption of the plan will best
serve the public interest.
(e) A committee shall allow individuals at remote locations
throughout the state to view and provide public testimony at the
hearings by videoconference.
(f) A committee shall post on the website a transcript of or
link to a video recording of each hearing not later than 48 hours
after conclusion of the hearing.
SUBCHAPTER D. REDISTRICTING PLAN ENACTED BY LEGISLATURE
Sec. 331.151. INFORMATION REGARDING ENACTED REDISTRICTING
PLAN. Not later than the seventh day after the day the legislature
passes a bill enacting a redistricting plan, the council shall post
on the website and, if practicable, publish in newspapers of
general circulation throughout the state:
(1) a map showing each district in the plan;
(2) for each district in the plan:
(A) the total population and voting age
population of the district, including a breakdown of those
populations by race and by membership in language minority groups;
and
(B) the number of registered voters in the
district including, to the extent available, a breakdown of that
number by political party affiliation, race, and membership in
language minority groups;
(3) statements by the president of the senate and the
speaker of the house of representatives explaining the
legislature's reasons for adopting the plan and reasons why
adoption of the plan will best serve the public interest; and
(4) any dissenting statement provided by a member of
the legislature who did not approve the plan.
SECTION 2. Chapter 331, Government Code, as added by this
Act, applies only to a regular or special session of the legislature
that begins on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2021.