Texas 2021 - 87th Regular

Texas Senate Bill SB410 Compare Versions

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

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1	1	87R2947 BEF-D
2	2	By: Menéndez S.B. No. 410
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 the
14	14	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," and "statewide
27	27	primary election" have the meanings assigned by Section 28b(a),
28	28	Article III, Texas Constitution.
29	29	(2) "Immediate family member" means a person's spouse,
30	30	parent, child, sibling, in-law, or other individual with whom the
31	31	person has a bona fide family relationship established through
32	32	blood or 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 August 15
45	45	of each year preceding a census year, the state auditor shall
46	46	initiate an 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. CONFLICTS OF INTEREST. (a) The state auditor
50	50	shall remove an applicant with a conflict of interest from the
51	51	applicant pool, including an applicant:
52	52	(1) who at any point during the 10 years preceding the
53	53	application date:
54	54	(A) was appointed or elected to, or was a
55	55	candidate for, federal or state office;
56	56	(B) served as an officer, employee, or paid
57	57	consultant of a political party or of the campaign committee of a
58	58	candidate for elective federal or state office;
59	59	(C) served as an elected or appointed member of a
60	60	political party's executive committee;
61	61	(D) was a registered lobbyist;
62	62	(E) served as a paid staff member for Congress or
63	63	the legislature; or
64	64	(F) contributed at least $2,000 or the amount
65	65	provided by Subsection (b) to any congressional, state, or local
66	66	candidate for elective public office in any year;
67	67	(2) with an immediate family member who would be
68	68	disqualified as an applicant under Subdivision (1); or
69	69	(3) who is an employee of, a consultant to, party to a
70	70	contract with, or an immediate family member of the governor, a
71	71	member of the legislature, or a member of Congress.
72	72	(b) Beginning in 2029, on January 1 of each year ending in
73	73	the numeral 9, the contribution amount prescribed by Subsection
74	74	(a)(1)(F) is increased or decreased by an amount equal to the amount
75	75	prescribed by that paragraph on December 31 of the preceding year
76	76	multiplied by the percentage increase or decrease during the
77	77	preceding decade in the Consumer Price Index for All Urban
78	78	Consumers (CPI-U), U.S. City Average, as published by the United
79	79	States Bureau of Labor Statistics or its successor in function.
80	80	Sec. 581.053. SELECTION OF APPLICANT SUBPOOLS. (a) After
81	81	removing individuals with conflicts of interest from the applicant
82	82	pool under Section 581.052, the state auditor shall, not later than
83	83	March 15 of each census year, publicize the names of individuals in
84	84	the applicant pool.
85	85	(b) From the applicant pool described by Subsection (a), the
86	86	state auditor shall select:
87	87	(1) a majority subpool consisting of 20 of the most
88	88	qualified applicants who would qualify as majority party members
89	89	under Section 28b(e)(1), Article III, Texas Constitution;
90	90	(2) a minority subpool consisting of 20 of the most
91	91	qualified applicants who would qualify as minority party members
92	92	under Section 28b(e)(2), Article III, Texas Constitution; and
93	93	(3) an independent subpool consisting of 20 of the
94	94	most qualified applicants who would qualify as independent members
95	95	under Section 28b(e)(3), Article III, Texas Constitution.
96	96	(c) The state auditor shall select the members of the
97	97	applicant subpools based on relevant analytical skills, ability to
98	98	be impartial, and appreciation for this state's diverse
99	99	demographics and geography.
100	100	(d) Before drawing the members of the commission under
101	101	Section 581.054, the state auditor may not communicate with:
102	102	(1) a member, or a representative of a member, of the
103	103	senate, the house of representatives, or Congress about any matter
104	104	related to the selection process; or
105	105	(2) a member of the applicant pool, other than to
106	106	notify each member of the pool in writing whether the member was
107	107	selected for an applicant subpool.
108	108	Sec. 581.054. DRAWING TO SELECT FIRST EIGHT COMMISSION
109	109	MEMBERS. Not later than July 5 of each census year, the state
110	110	auditor shall select the first eight members of the commission by
111	111	randomly drawing:
112	112	(1) three applicants from the majority subpool;
113	113	(2) three applicants from the minority subpool; and
114	114	(3) two applicants from the independent subpool.
115	115	Sec. 581.055. APPOINTMENT OF SECOND SIX COMMISSION MEMBERS.
116	116	(a) Not later than August 15 of each census year, the eight
117	117	commission members selected under Section 581.054 shall review the
118	118	remaining applicants in each subpool and appoint to the commission:
119	119	(1) two remaining applicants from the majority
120	120	subpool;
121	121	(2) two remaining applicants from the minority
122	122	subpool; and
123	123	(3) two remaining applicants from the independent
124	124	subpool.
125	125	(b) An appointment under Subsection (a) must be approved by
126	126	at least five affirmative votes of commission members selected
127	127	under Section 581.054, including at least two votes of commission
128	128	members drawn from the majority subpool, at least two votes of
129	129	commission members drawn from the minority subpool, and at least
130	130	one vote of a commission member drawn from the independent subpool.
131	131	(c) In making appointments under Subsection (a), the
132	132	commission members shall ensure that the commission reflects this
133	133	state's diversity, including racial, ethnic, geographic, and
134	134	gender diversity. However, the legislature does not intend that
135	135	formulas or specific ratios be applied for this purpose.
136	136	(d) Appointments under Subsection (a) shall also be made
137	137	based on relevant analytical skills and the ability to be
138	138	impartial.
139	139	SUBCHAPTER C. ORGANIZATION OF COMMISSION
140	140	Sec. 581.101. OFFICERS. The commission shall select one
141	141	member as chair and one member as vice chair. The chair and vice
142	142	chair may not both be majority party members, minority party
143	143	members, or independent members as described by Section 28b(e),
144	144	Article III, Texas Constitution.
145	145	Sec. 581.102. REMOVAL OF COMMISSION MEMBER. (a) After
146	146	having been served written notice and provided with an opportunity
147	147	for a response, a commission member may be removed by the governor
148	148	with the concurrence of two-thirds of the members of the senate for
149	149	substantial neglect of duty, gross misconduct in office, or
150	150	inability to discharge the duties of office.
151	151	(b) A commission member removed for substantial neglect of
152	152	duty or gross misconduct in office may be referred to the attorney
153	153	general for criminal investigation or to an appropriate
154	154	administrative agency for investigation.
155	155	Sec. 581.103. VACANCY. (a) A vacancy on the commission
156	156	that occurs before December 31 of a year ending in the numeral 2
157	157	shall be filled, not later than the 30th day after the date the
158	158	vacancy occurs, by appointment by the commission of a remaining
159	159	applicant from the same applicant subpool as the vacating member.
160	160	(b) A vacancy on the commission that occurs on or after
161	161	December 31 of a year ending in the numeral 2 shall be filled, not
162	162	later than the 90th day after the date the vacancy occurs, by
163	163	appointment by the commission of a remaining applicant from the
164	164	same applicant subpool as the vacating member.
165	165	(c) If a vacancy on the commission occurs and no applicant
166	166	from the same applicant subpool as the vacating member is available
167	167	for appointment to the commission, the state auditor shall solicit
168	168	and select an appropriate number of new applicants for the
169	169	applicable subpool using, to the extent practicable, the procedures
170	170	provided by Sections 581.051, 581.052, and 581.053(a)-(c) but
171	171	disregarding the deadlines provided by those sections. The
172	172	commission shall fill the vacancy as soon as practicable by
173	173	appointment of one of the new applicants described by this
174	174	subsection.
175	175	SUBCHAPTER D. COMMISSION POWERS AND DUTIES
176	176	Sec. 581.151. OPEN MEETINGS. (a) The commission is a
177	177	governmental body for purposes of Chapter 551.
178	178	(b) Notwithstanding Chapter 551, the secretary of state
179	179	must post notice on the Internet of a meeting of the commission for
180	180	at least:
181	181	(1) 14 days before the date of a meeting, other than a
182	182	meeting described by Subdivision (2); or
183	183	(2) three days before the date of a meeting held in
184	184	August of a year following a census year.
185	185	(c) Except in a closed meeting authorized by Subchapter D,
186	186	Chapter 551, a member or employee of the commission may not
187	187	communicate with or knowingly receive communications about a
188	188	redistricting matter from anyone outside of an open meeting.
189	189	Sec. 581.152. PUBLIC INFORMATION. (a) The commission is a
190	190	governmental body for purposes of Chapter 552.
191	191	(b) The commission shall post information relating to
192	192	redistricting and all data considered by the commission in a manner
193	193	that ensures immediate and widespread public access.
194	194	Sec. 581.153. EMPLOYEES AND CONTRACTORS. (a) The
195	195	commission may hire employees and hire or contract with legal
196	196	counsel and consultants as needed in the manner provided by this
197	197	section.
198	198	(b) The commission must make hiring, removal, or
199	199	contracting decisions for employees, legal counsel, and
200	200	consultants by the affirmative vote of at least nine members,
201	201	including at least three majority party members, at least three
202	202	minority party members, and at least three independent members as
203	203	described by Section 28b(e), Article III, Texas Constitution.
204	204	(c) The commission shall ensure that at least one of the
205	205	legal counsel hired by the commission has demonstrated extensive
206	206	experience and expertise in implementing and enforcing the Voting
207	207	Rights Act of 1965 (52 U.S.C. Section 10101 et seq.).
208	208	(d) The commission shall establish for individuals
209	209	described by Subsection (a):
210	210	(1) clear criteria for hiring and removal;
211	211	(2) communication protocols; and
212	212	(3) a code of conduct.
213	213	(e) To the extent practicable, the commission shall avoid
214	214	selecting employees, legal counsel, or consultants who would be
215	215	disqualified from commission membership because of a conflict of
216	216	interest described by Section 581.052(a).
217	217	Sec. 581.154. PUBLIC OUTREACH. (a) The commission shall
218	218	establish and implement an open hearing process for public input
219	219	and deliberation that is subject to public notice and promoted
220	220	through a thorough outreach program to solicit broad public
221	221	participation in the redistricting public review process.
222	222	(b) The hearing process must include hearings to receive
223	223	public input before the commission draws any maps and hearings
224	224	following the drawing and display of any commission maps. The
225	225	commission shall hold at least one hearing in each senate district.
226	226	In addition, the commission shall supplement hearings with other
227	227	appropriate activities to further increase opportunities for the
228	228	public to observe and participate in the review process. The
229	229	commission shall broadcast live audio and video of each hearing on
230	230	the commission's Internet website or using a comparable means of
231	231	communicating with the public. The commission shall provide public
232	232	access to recorded audio and video of each hearing on the
233	233	commission's Internet website or using a comparable means of
234	234	communicating with the public for at least 10 years following the
235	235	hearing.
236	236	(c) The commission shall display maps for public comment in
237	237	a manner designed to achieve the widest public access reasonably
238	238	possible.
239	239	(d) The commission shall publicly display preliminary maps
240	240	for congressional, senate, and house of representatives districts
241	241	not later than July 1 of each year following a census year and shall
242	242	accept public comment for at least 14 days after the date the
243	243	preliminary maps are first publicly displayed. The commission may
244	244	not display any other maps for public comment during that 14-day
245	245	period.
246	246	(e) The commission shall publicly display any subsequent
247	247	version of a preliminary map for at least seven days and shall
248	248	accept public comment for at least seven days after the date the
249	249	subsequent version is first publicly displayed.
250	250	(f) The commission shall publicly display a final map for at
251	251	least three days and shall accept public comment for at least three
252	252	days after the date the final version is first publicly displayed.
253	253	(g) The commission shall maintain an Internet website or
254	254	comparable means of communicating with the public through which any
255	255	resident of this state may submit a proposed map, written comments,
256	256	or both, without attending a commission hearing.
257	257	Sec. 581.155. PROCUREMENT AND CONTRACTING. The commission,
258	258	with fiscal oversight from the comptroller, has procurement and
259	259	contracting authority.
260	260	SUBCHAPTER E. ADMINISTRATIVE SUPPORT AND OTHER RESOURCES
261	261	Sec. 581.201. ADMINISTRATIVE SUPPORT BY STATE AUDITOR.
262	262	Following the appointment of new commission members in each census
263	263	year, the state auditor shall provide administrative support to the
264	264	commission until the commission's staff and office are fully
265	265	functional.
266	266	Sec. 581.202. COMPUTER RESOURCES. The legislature shall
267	267	ensure that a complete and accurate computerized database is
268	268	available for redistricting and that procedures are in place to
269	269	provide the public with ready access to redistricting data and
270	270	computer software for drawing maps. The legislature shall
271	271	coordinate these efforts with the commission from the time the
272	272	commission is formed until the commission dissolves.
273	273	Sec. 581.203. PER DIEM AND EXPENSES. (a) A commission
274	274	member is entitled to a per diem of $300 or the amount provided by
275	275	Subsection (b) for each day the member is engaged in commission
276	276	business.
277	277	(b) Beginning in 2030, on January 1 of each census year the
278	278	per diem amount prescribed by Subsection (a) is increased or
279	279	decreased by an amount equal to the amount prescribed by that
280	280	subsection on December 31 of the preceding year multiplied by the
281	281	percentage increase or decrease during the preceding decade in the
282	282	Consumer Price Index for All Urban Consumers (CPI-U), U.S. City
283	283	Average, as published by the United States Bureau of Labor
284	284	Statistics or its successor in function.
285	285	(c) A commission member is eligible for reimbursement of
286	286	expenses incurred in connection with the member's performance of
287	287	duties under this chapter and under Sections 28a, 28b, and 28c,
288	288	Article III, Texas Constitution.
289	289	(d) For purposes of calculating expense reimbursement, a
290	290	member's residence is considered to be the member's place of
291	291	employment.
292	292	SECTION 4. Section 24.945(e), Government Code, is amended
293	293	to read as follows:
294	294	(e) The legislature, the Judicial Districts Board, or the
295	295	Texas [Legislative] Redistricting Commission [Board] may not
296	296	redistrict the judicial districts to provide for any judicial
297	297	district smaller in size than an entire county except as provided by
298	298	this subsection. Judicial districts smaller in size than the
299	299	entire county may be created subsequent to a general election in
300	300	which a majority of the persons voting on the proposition adopt the
301	301	proposition "to allow the division of ____________________ County
302	302	into judicial districts composed of parts of ____________________
303	303	County." A redistricting plan may not be proposed or adopted by the
304	304	legislature, the Judicial Districts Board, or the Texas
305	305	[Legislative] Redistricting Commission [Board] in anticipation of
306	306	a future action by the voters of any county.
307	307	SECTION 5. Section 24.946(a), Government Code, is amended
308	308	to read as follows:
309	309	(a) The board shall meet in accordance with its own rules.
310	310	The board shall meet at least once in each interim between regular
311	311	sessions of the legislature and shall exercise its reapportionment
312	312	powers only in the interims between regular legislative sessions.
313	313	Meetings of the board shall be subject to the provisions of Chapter
314	314	551, except as otherwise provided by this subchapter. A
315	315	reapportionment may not be ordered in the interim immediately
316	316	following a regular session of the legislature in which a valid and
317	317	subsisting statewide reapportionment of judicial districts is
318	318	enacted by the legislature. Unless the legislature enacts a
319	319	statewide reapportionment of the judicial districts following each
320	320	federal decennial census, the board shall convene not later than
321	321	the first Monday of June of the third year following the year in
322	322	which the federal decennial census is taken to make a statewide
323	323	reapportionment of the districts. The board shall complete its
324	324	work on the reapportionment and file its order with the secretary of
325	325	state not later than August 31 of the same year. If the Judicial
326	326	Districts Board fails to make a statewide apportionment by that
327	327	date, the Texas [Legislative] Redistricting Commission [Board]
328	328	established by Article III, Section 28b [28], of the Texas
329	329	Constitution shall make a statewide reapportionment of the judicial
330	330	districts not later than the 90th [150th] day after the final day
331	331	for the Judicial Districts Board to make the reapportionment, and
332	332	that apportionment takes effect as provided by Sections 24.948 and
333	333	24.949.
334	334	SECTION 6. Section 2058.002(a), Government Code, is amended
335	335	to read as follows:
336	336	(a) The legislature or the Texas [Legislative]
337	337	Redistricting Commission [Board] under Article III, Section 28b
338	338	[28], of the Texas Constitution may officially recognize or act on a
339	339	federal decennial census before September 1 of the year after the
340	340	calendar year during which the census was taken.
341	341	SECTION 7. (a) Except as otherwise provided by Subsection
342	342	(b) of this section, this Act takes effect January 1, 2022.
343	343	(b) This Act takes effect only if the constitutional
344	344	amendment proposed by the 87th Legislature, Regular Session, 2021,
345	345	establishing the Texas Redistricting Commission to redistrict the
346	346	Texas Legislature and Texas congressional districts and revising
347	347	procedures for redistricting is approved by the voters. If that
348	348	proposed constitutional amendment is not approved by the voters,
349	349	this Act has no effect.