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Texas Senate Bill SJR43

Texas 2021 - 87th Regular

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11 87R6878 JRJ-D
22 By: West, Johnson S.J.R. No. 43
33
44
55 A JOINT RESOLUTION
66 proposing a constitutional amendment establishing the Texas
77 Redistricting Commission and providing redistricting procedures
88 for state legislative, state judicial, and congressional
99 districts.
1010 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 28, Article III, Texas Constitution, is
1212 amended to read as follows:
1313 Sec. 28. (a) In this section:
1414 (1) "Commission" means the Texas Redistricting
1515 Commission.
1616 (2) "Majority party" means the political party with
1717 the most members among the combined membership of the Texas Senate
1818 and the Texas House of Representatives.
1919 (3) "Minority party" means the political party with
2020 the second highest number of members among the combined membership
2121 of the Texas Senate and the Texas House of Representatives.
2222 (b) Following [The Legislature shall, at its first regular
2323 session after] the publication of each United States decennial
2424 census, [apportion] the state shall be apportioned into senatorial
2525 and representative districts, agreeable to the provisions of
2626 Sections 25 and 26 of this article [Article]. The legislature and
2727 the Texas Redistricting Commission exercise the legislative
2828 authority of this state to adopt redistricting plans for the
2929 election of the Texas House of Representatives, the Texas Senate,
3030 and the members of the United States House of Representatives
3131 elected from this state in the manner provided by this section and
3232 Section 28a of this article. Districts for those legislative
3333 bodies may not be established or changed except as provided by this
3434 section and Section 28a of this article.
3535 (c) The commission consists of the following seven members:
3636 (1) the governor;
3737 (2) the comptroller;
3838 (3) the secretary of state;
3939 (4) one member appointed by the speaker of the Texas
4040 House of Representatives;
4141 (5) one member appointed by majority vote of the party
4242 caucus for the political party with the most members in the Texas
4343 House of Representatives of which the speaker of the Texas House of
4444 Representatives is not a member;
4545 (6) one member appointed by the president of the Texas
4646 Senate; and
4747 (7) one member appointed by majority vote of the party
4848 caucus for the political party with the most members in the Texas
4949 Senate of which the president of the Texas Senate is not a member.
5050 (d) An appointed member of the commission may not be a
5151 current member of Congress.
5252 (e) Two members of the commission serve as co-chairs. One
5353 co-chair is selected by majority vote of the members of the Texas
5454 Senate and the Texas House of Representatives who belong to the
5555 majority party and one co-chair is selected by majority vote of the
5656 members of the Texas Senate and the Texas House of Representatives
5757 who belong to the minority party.
5858 (f) Except as otherwise provided by this section or Section
5959 28a of this article, a simple majority vote of the commission
6060 members is required for any action by the commission.
6161 (g) Except as provided by Subsection (h) of this section, a
6262 majority vote of the members of the commission, including at least
6363 one member of the commission who belongs to the majority party and
6464 at least one member of the commission who belongs to the minority
6565 party, is required to:
6666 (1) adopt rules of the commission;
6767 (2) hire staff for the commission; or
6868 (3) expend commission funds.
6969 (h) If the commission is unable to agree, by the vote
7070 required under Subsection (g) of this section, on the manner in
7171 which commission funds should be expended, each co-chair has the
7272 authority to expend one-half of the funds appropriated to the
7373 commission.
7474 (i) The affirmative vote of four members of the commission,
7575 including at least two members of the commission who belong to the
7676 majority party and two members of the commission who belong to the
7777 minority party, is required to adopt any redistricting plan for the
7878 Texas Senate or the Texas House of Representatives.
7979 (j) For purposes of this section and Section 28a of this
8080 article:
8181 (1) the governor is considered to belong to the
8282 governor's political party;
8383 (2) the comptroller is considered to belong to the
8484 comptroller's political party;
8585 (3) the secretary of state is considered to belong to
8686 the political party to which the governor who appointed the
8787 secretary of state belongs;
8888 (4) a member of the commission appointed by the
8989 president of the Texas Senate or the speaker of the Texas House of
9090 Representatives is considered to belong to the political party to
9191 which the person making the appointment belongs; and
9292 (5) a member of the commission selected by vote of a
9393 political party caucus is considered to belong to that political
9494 party.
9595 (k) At the first meeting of the commission, which the
9696 governor may convene following the publication of each United
9797 States decennial census, except as otherwise provided by this
9898 section, Section 28a of this article, and Section 7a, Article V, of
9999 this constitution, the commission shall set a schedule for the
100100 adoption of procedural rules for the operation of the commission.
101101 (l) Before adopting, but after introducing, a proposed
102102 redistricting plan for the Texas Senate or the Texas House of
103103 Representatives, the commission shall conduct at least three public
104104 hearings across the state to present the proposed plan and shall
105105 seek public input regarding the proposed plan.
106106 (m) All meetings of the commission are open to the public.
107107 The commission shall broadcast meetings by electronic means of
108108 transmission using a medium readily accessible by the general
109109 public.
110110 (n) The commission shall adopt final redistricting plans
111111 for the Texas Senate and the Texas House of Representatives not
112112 later than six months following the publication of the United
113113 States decennial census. After the commission adopts a final plan,
114114 the commission shall promptly file the plan with the secretary of
115115 state and [In the event the Legislature shall at any such first
116116 regular session following the publication of a United States
117117 decennial census, fail to make such apportionment, same shall be
118118 done by the Legislative Redistricting Board of Texas, which is
119119 hereby created, and shall be composed of five (5) members, as
120120 follows: The Lieutenant Governor, the Speaker of the House of
121121 Representatives, the Attorney General, the Comptroller of Public
122122 Accounts and the Commissioner of the General Land Office, a
123123 majority of whom shall constitute a quorum. Said Board shall
124124 assemble in the City of Austin within ninety (90) days after the
125125 final adjournment of such regular session. The Board shall, within
126126 sixty (60) days after assembling, apportion the state into
127127 senatorial and representative districts, or into senatorial or
128128 representative districts, as the failure of action of such
129129 Legislature may make necessary. Such apportionment shall be in
130130 writing and signed by three (3) or more of the members of the Board
131131 duly acknowledged as the act and deed of such Board, and,] when so
132132 [executed and] filed with the secretary of state [Secretary of
133133 State], the plan shall have force and effect of law. The plan
134134 becomes [Such apportionment shall become] effective at the next
135135 succeeding statewide general election.
136136 (o) If the commission does not adopt a redistricting plan
137137 for the Texas House of Representatives or the Texas Senate under
138138 Subsection (n) of this section in the time prescribed, then the
139139 legislature shall adopt a plan for either or both legislative
140140 bodies, as necessary, in the form of a bill as soon as possible but
141141 not later than the first regular session following the publication
142142 of the United States decennial census.
143143 (o-1) If the legislature adopts a plan under Subsection (o)
144144 of this section by the affirmative vote of at least three-fifths of
145145 the members of each house of the legislature, including the
146146 affirmative vote of at least one-third of the members of the
147147 majority party and at least one-third of the members of the minority
148148 party in each house, and the plan becomes law, the plan remains
149149 effective until the next year ending in the numeral one, except as
150150 provided in Subsection (u) of this section.
151151 (o-2) If the legislature adopts a plan under Subsection (o)
152152 of this section by the affirmative vote of at least one-half of the
153153 members of each house of the legislature, but not by the vote
154154 required by Subsection (o-1) of this section, then the following
155155 requirements apply to the plan:
156156 (1) the legislature may not adopt a plan that unduly
157157 favors or disfavors a political party or its incumbents;
158158 (2) the legislature may not unduly split political
159159 subdivisions, giving preference to keeping counties whole, then to
160160 keeping municipalities whole;
161161 (3) the legislature shall attempt to draw districts
162162 that are compact; and
163163 (4) the legislature must include in the plan an
164164 explanation of the plan's compliance with Subdivisions (1), (2),
165165 and (3) of this subsection.
166166 (o-3) A plan adopted in the manner provided by Subsection
167167 (o-2) of this section that becomes law remains effective until two
168168 general elections for the legislative body to which the plan
169169 applies have occurred under the plan, except as provided in
170170 Subsection (u) of this section.
171171 (p) Not later than the last day of May of the year after the
172172 year in which a plan expires under Subsection (o-3) of this section,
173173 the commission shall be reconstituted, reconvene, and adopt a plan
174174 by the affirmative vote of at least four members of the commission,
175175 including at least two members of the commission who belong to the
176176 majority party and at least two members of the commission who belong
177177 to the minority party. A plan adopted under this subsection takes
178178 effect upon filing with the secretary of state and remains
179179 effective until the next year ending in the numeral one, except as
180180 provided in Subsection (u) of this section. A plan adopted under
181181 this subsection must be drawn using the federal decennial census
182182 data or other data on which the previous redistricting was based.
183183 (q) If the commission is required to but does not adopt a
184184 plan under Subsection (p) of this section on or before the last day
185185 of May of the year after the year in which a plan expires under
186186 Subsection (o-3) of this section, then the legislature shall adopt
187187 a plan in the form of a bill not later than the last day of June of
188188 that year. A plan adopted under this subsection must be drawn using
189189 the federal decennial census data or other data on which the
190190 previous redistricting was based.
191191 (q-1) If the legislature adopts a plan under Subsection (q)
192192 of this section by the affirmative vote of at least three-fifths of
193193 the members of each house of the legislature, including the
194194 affirmative vote of at least one-third of the members of the
195195 majority party and at least one-third of the members of the minority
196196 party in each house, and the plan becomes law, the plan remains
197197 effective until the next year ending in the numeral one, except as
198198 provided in Subsection (u) of this section.
199199 (q-2) If the legislature adopts a plan under Subsection (q)
200200 of this section by the affirmative vote of at least one-half of the
201201 members of each house of the legislature, but not by the vote
202202 required by Subsection (q-1) of this section, then the following
203203 requirements apply to the plan:
204204 (1) the legislature may not adopt a plan that unduly
205205 favors or disfavors a political party or its incumbents;
206206 (2) the legislature may not unduly split political
207207 subdivisions, giving preference to keeping counties whole, then to
208208 keeping municipalities whole;
209209 (3) the legislature shall attempt to draw districts
210210 that are compact; and
211211 (4) the legislature must include in the plan an
212212 explanation of the plan's compliance with Subdivisions (1), (2),
213213 and (3) of this subsection.
214214 (q-3) A plan adopted in the manner provided by Subsection
215215 (q-2) of this section that becomes law remains effective until the
216216 next year ending in the numeral one, except as provided in
217217 Subsection (u) of this section.
218218 (r) Before the legislature adopts a plan under this section,
219219 a joint committee of the legislature shall hold at least two public
220220 committee hearings concerning a proposed plan. The legislature and
221221 the commission shall facilitate and allow for the submission of
222222 proposed plans by members of the public in the manner provided by
223223 general law.
224224 (s) For purposes of filing a plan with the governor or the
225225 secretary of state, a plan must include both a legal description of
226226 the boundaries of the districts for the Texas House of
227227 Representatives or the Texas Senate, as applicable, and all
228228 electronic data necessary to create a district map for the purpose
229229 of holding elections.
230230 (t) When a plan ceases to be effective under this section,
231231 the district boundaries described in the plan continue in operation
232232 for the purpose of holding elections until a new plan takes effect
233233 in accordance with this section. If a vacancy occurs in a district
234234 that was created under the previous plan, the election to fill the
235235 vacancy for the remainder of the unexpired term shall be held using
236236 the previous plan.
237237 (u) In the event that any subsection of this section
238238 relating to a redistricting plan for the Texas House of
239239 Representatives or the Texas Senate or any district or group of
240240 districts is challenged and is determined to be invalid by a final
241241 order of a court of competent jurisdiction not subject to appeal,
242242 then notwithstanding any other provisions of this section, the
243243 commission shall be reconstituted and reconvene and shall adopt a
244244 plan in accordance with the valid provisions of this section, to be
245245 used until the next time for redistricting under this section.
246246 The commission shall adopt a plan under this subsection not
247247 later than the 30th day after the last day on which an appeal of the
248248 court order could have been filed or, if the order is not
249249 appealable, the 30th day after the day on which the order is issued.
250250 If the commission does not adopt a new plan in accordance with
251251 this subsection, then not later than the 30th day after the deadline
252252 for the commission to adopt the plan, the legislature shall adopt a
253253 plan in accordance with the valid provisions of this section, to be
254254 used until the next time for redistricting under this section.
255255 A plan adopted under this subsection must remedy any legal
256256 defects in the previous plan identified by the court but may not
257257 include changes to the previous plan other than those made in order
258258 to remedy those defects.
259259 (v) Unless otherwise already convened, the legislature
260260 shall convene in special session on the first Tuesday that occurs
261261 during a period in which the legislature is required to adopt a plan
262262 under this section.
263263 (w) The Supreme Court of Texas shall have jurisdiction to
264264 compel the commission [such Board] to perform its duties in
265265 accordance with the provisions of this section, Section 28a of this
266266 article, and Section 7a, Article V, of this constitution, by writ of
267267 mandamus or other extraordinary writs conformable to the usages of
268268 law.
269269 (x) The legislature [Legislature] shall provide necessary
270270 funds for clerical and technical aid and for other expenses
271271 necessary or incidental to the work of the commission [Board, and
272272 the Lieutenant Governor and the Speaker of the House of
273273 Representatives shall be entitled to receive per diem and travel
274274 expense during the Board's session in the same manner and amount as
275275 they would receive while attending a special session of the
276276 Legislature].
277277 (y) Four weeks after adopting redistricting plans for the
278278 legislature and, if necessary, for members of the United States
279279 House of Representatives elected from this state, the commission is
280280 automatically dissolved. The commission shall be reconstituted and
281281 reconvene as provided by this section, Section 28a of this article,
282282 and Section 7a, Article V, of this constitution.
283283 SECTION 2. Article III, Texas Constitution, is amended by
284284 adding Section 28a to read as follows:
285285 Sec. 28a. (a) In this section:
286286 (1) "Commission" means the Texas Redistricting
287287 Commission established under Section 28 of this article.
288288 (2) "Majority party" means the political party with
289289 the most members among the combined membership of the Texas Senate
290290 and the Texas House of Representatives.
291291 (3) "Minority party" means the political party with
292292 the second highest number of members among the combined membership
293293 of the Texas Senate and the Texas House of Representatives.
294294 (4) "Plan" means a redistricting plan for the election
295295 of the members of the United States House of Representatives
296296 elected from this state, adopted as provided by this section.
297297 (b) Except as otherwise provided in this section, the
298298 legislature is responsible for the congressional redistricting of
299299 this state based on the prescribed number of congressional
300300 districts apportioned to the state under Section 2, Article I,
301301 United States Constitution.
302302 (c) Not later than the last day of May of a year ending in
303303 the numeral one, the legislature shall adopt a plan in the form of a
304304 bill by the affirmative vote of at least three-fifths of the members
305305 of each house of the legislature, including the affirmative vote of
306306 at least one-half of the members of the majority party and at least
307307 one-half of the members of the minority party in each house. A plan
308308 that is adopted under this subsection and becomes law remains
309309 effective until the next year ending in the numeral one, except as
310310 provided in Subsection (p) of this section.
311311 (d) If the legislature does not adopt a plan under
312312 Subsection (c) of this section on or before the last day of May of a
313313 year ending in the numeral one, the commission shall adopt a plan
314314 not later than six months following the publication of the United
315315 States decennial census by the affirmative vote of at least four
316316 members of the commission, including at least two members of the
317317 commission who belong to the majority party and at least two members
318318 of the commission who belong to the minority party. The plan takes
319319 effect upon filing with the secretary of state and remains
320320 effective until the next year ending in the numeral one, except as
321321 provided in Subsection (p) of this section.
322322 (e) If the commission is required to but does not adopt a
323323 plan under Subsection (d) of this section in the time prescribed,
324324 then the legislature shall adopt a plan in the form of a bill as soon
325325 as possible but not later than the first regular session following
326326 the time prescribed.
327327 (e-1) If the legislature adopts a plan under Subsection (e)
328328 of this section by the affirmative vote of at least three-fifths of
329329 the members of each house of the legislature, including the
330330 affirmative vote of at least one-third of the members of the
331331 majority party and at least one-third of the members of the minority
332332 party represented in that house, and the plan becomes law, the plan
333333 remains effective until the next year ending in the numeral one,
334334 except as provided in Subsection (p) of this section.
335335 (e-2) If the legislature adopts a plan under Subsection (e)
336336 of this section by the affirmative vote of at least one-half of the
337337 members of each house of the legislature, but not by the vote
338338 required by Subsection (e-1) of this section, then the following
339339 requirements apply to the plan:
340340 (1) the legislature may not adopt a plan that unduly
341341 favors or disfavors a political party or its incumbents;
342342 (2) the legislature may not unduly split political
343343 subdivisions, giving preference to keeping counties whole, then to
344344 keeping municipalities whole;
345345 (3) the legislature shall attempt to draw districts
346346 that are compact, but Subsection (m)(2) of this section does not
347347 apply; and
348348 (4) the legislature must include in the plan an
349349 explanation of the plan's compliance with Subdivisions (1), (2),
350350 and (3) of this subsection.
351351 (e-3) A plan adopted in the manner provided by Subsection
352352 (e-2) of this section that becomes law remains effective until two
353353 general elections for the United States House of Representatives
354354 have occurred under the plan, except as provided in Subsection (p)
355355 of this section.
356356 (f) Not later than the last day of May of the year after the
357357 year in which a plan expires under Subsection (e-3) of this section,
358358 the legislature shall adopt a plan in the form of a bill by the
359359 affirmative vote of at least three-fifths of the members of each
360360 house of the legislature, including the affirmative vote of at
361361 least one-half of the members of the majority party and at least
362362 one-half of the members of the minority party in each house. A plan
363363 adopted under this subsection that becomes law remains effective
364364 until the next year ending in the numeral one, except as provided in
365365 Subsection (p) of this section. A plan adopted under this
366366 subsection must be drawn using the federal decennial census data or
367367 other data on which the previous redistricting was based.
368368 (g) If the legislature is required to but does not adopt a
369369 plan under Subsection (f) of this section on or before the last day
370370 of May of the year after the year in which a plan expires under
371371 Subsection (e-3) of this section, then the commission shall be
372372 reconstituted, reconvene, and adopt a plan not later than the last
373373 day of June of that year by the affirmative vote of at least four
374374 members of the commission, including at least two members of the
375375 commission who belong to the majority party and at least two members
376376 of the commission who belong to the minority party. A plan adopted
377377 under this subsection takes effect upon filing with the secretary
378378 of state and remains effective until the next year ending in the
379379 numeral one, except as provided in Subsection (p) of this section.
380380 A plan adopted under this subsection must be drawn using the federal
381381 decennial census data or other data on which the previous
382382 redistricting was based.
383383 (h) If the commission is required to but does not adopt a
384384 plan under Subsection (g) of this section on or before the last day
385385 of June of the year after the year in which a plan expires under
386386 Subsection (e-3) of this section, then the legislature shall adopt
387387 a plan in the form of a bill not later than the last day of July of
388388 that year. A plan adopted under this subsection must be drawn using
389389 the federal decennial census data or other data on which the
390390 previous redistricting was based.
391391 (h-1) If the legislature adopts a plan under Subsection (h)
392392 of this section by the affirmative vote of at least three-fifths of
393393 the members of each house of the legislature, including the
394394 affirmative vote of at least one-third of the members of the
395395 majority party and at least one-third of the members of the minority
396396 party in each house, and the plan becomes law, the plan remains
397397 effective until the next year ending in the numeral one, except as
398398 provided in Subsection (p) of this section.
399399 (h-2) If the legislature adopts a plan under Subsection (h)
400400 of this section by the affirmative vote of at least one-half of the
401401 members of each house of the legislature, but not by the vote
402402 required by Subsection (h-1) of this section, then the following
403403 requirements apply to the plan:
404404 (1) the legislature may not adopt a plan that unduly
405405 favors or disfavors a political party or its incumbents;
406406 (2) the legislature may not unduly split political
407407 subdivisions, giving preference to keeping counties whole, then to
408408 keeping municipalities whole;
409409 (3) the legislature shall attempt to draw districts
410410 that are compact, but Subsection (m)(2) of this section does not
411411 apply; and
412412 (4) the legislature must include in the plan an
413413 explanation of the plan's compliance with Subdivisions (1), (2),
414414 and (3) of this subsection.
415415 (h-3) A plan adopted in the manner provided by Subsection
416416 (h-2) of this section that becomes law remains effective until the
417417 next year ending in the numeral one, except as provided in
418418 Subsection (p) of this section.
419419 (i) Before the legislature adopts a plan under this section,
420420 a joint committee of the legislature shall hold at least two public
421421 committee hearings concerning a proposed plan. Before the
422422 commission adopts a plan under this section, the commission shall
423423 hold at least two public hearings concerning a proposed plan. The
424424 legislature and the commission shall facilitate and allow for the
425425 submission of proposed plans by members of the public in the manner
426426 provided by general law.
427427 (j) For purposes of filing a plan with the governor or the
428428 secretary of state, a plan must include both a legal description of
429429 the boundaries of the congressional districts and all electronic
430430 data necessary to create a congressional district map for the
431431 purpose of holding congressional elections.
432432 (k) When a plan ceases to be effective under this section,
433433 the district boundaries described in the plan continue in operation
434434 for the purpose of holding elections until a new plan takes effect
435435 in accordance with this section. If a vacancy occurs in a district
436436 that was created under the previous plan, the election to fill the
437437 vacancy for the remainder of the unexpired term shall be held using
438438 the previous plan.
439439 (l) Each congressional district is entitled to a single
440440 representative in the United States House of Representatives in
441441 each Congress. The total population of the state, as determined by
442442 the federal decennial census or, if the federal decennial census is
443443 unavailable, another basis as directed by the legislature, shall be
444444 divided by the number of congressional districts apportioned to the
445445 state under Section 2, Article I, United States Constitution, and
446446 the quotient shall be the congressional ratio of representation for
447447 the next 10 years. Notwithstanding the fact that boundaries of
448448 counties or municipalities within a district may be changed,
449449 district boundaries shall be created by using the data from the most
450450 recent federal decennial census or from the basis directed by the
451451 legislature, as applicable.
452452 (m) A plan must comply with all of the following
453453 requirements:
454454 (1) the plan must comply with all applicable
455455 provisions of the constitutions of this state and the United States
456456 and of federal law, including federal laws protecting racial
457457 minority voting rights;
458458 (2) each congressional district must be compact;
459459 (3) each congressional district must be composed of
460460 contiguous territory, and the boundary of each district must be a
461461 single nonintersecting continuous line;
462462 (4) except as otherwise required by federal law, in a
463463 county that contains a population that exceeds the congressional
464464 ratio of representation, the authority drawing the districts shall
465465 take the first of the following actions that applies to that county:
466466 (A) if a municipality located in the county
467467 contains a population that exceeds the congressional ratio of
468468 representation, the authority shall attempt to include a
469469 significant portion of that municipality in a single district and
470470 may include in that district other municipalities that are located
471471 in that county and whose residents have similar interests as the
472472 residents of the municipality that contains a population that
473473 exceeds the congressional ratio of representation;
474474 (B) if one municipality in that county contains a
475475 population of not less than 100,000 and not more than the
476476 congressional ratio of representation, that municipality may not be
477477 split; or
478478 (C) if that county contains two or more
479479 municipalities described by Paragraph (B) of this subdivision, only
480480 the most populous of those municipalities may not be split;
481481 (5) if a congressional district includes only part of
482482 the territory of a particular county, the part of that
483483 congressional district that lies in that particular county must be
484484 contiguous within the boundaries of the county;
485485 (6) no two congressional districts may share portions
486486 of the territory of more than one county, except for a county whose
487487 population exceeds the congressional ratio of representation or as
488488 necessary to comply with federal law; and
489489 (7) the authority drawing the districts must attempt
490490 to include at least one whole county in each congressional
491491 district, but this subdivision does not apply to a congressional
492492 district that is contained entirely within one county or that
493493 cannot be drawn in that manner while complying with federal law.
494494 (n) In determining whether the population of a municipality
495495 exceeds the congressional ratio of representation for the purpose
496496 of Subsection (m)(4)(A) of this section, if the territory of that
497497 municipality completely surrounds the territory of another
498498 municipality, the territory of the surrounded municipality is
499499 considered part of the territory of the surrounding municipality.
500500 (o) For purposes of this section, a county or municipality
501501 is considered to be split if, based on the census data used for the
502502 purpose of redistricting, any contiguous portion of its territory
503503 is not contained entirely within one district except that if a
504504 municipality has territory in more than one county, the contiguous
505505 portion of that municipality that lies in each county shall be
506506 considered to be a separate municipality for purposes of this
507507 section.
508508 (p) In the event that any subsection of this section
509509 relating to congressional redistricting, any plan, or any
510510 congressional district or group of congressional districts is
511511 challenged and is determined to be invalid by a final order of a
512512 court of competent jurisdiction not subject to appeal, then
513513 notwithstanding any other provisions of this section, the
514514 legislature shall adopt a plan in accordance with the valid
515515 provisions of this section, to be used until the next time for
516516 redistricting under this section.
517517 The legislature shall adopt a plan under this subsection not
518518 later than the 30th day after the last day on which an appeal of the
519519 court order could have been filed or, if the order is not
520520 appealable, the 30th day after the day on which the order is issued.
521521 If the legislature does not adopt a new plan in accordance
522522 with this subsection, then not later than the 30th day after the
523523 deadline for the legislature to adopt the plan, the commission
524524 shall be reconstituted and reconvene and shall adopt a plan in
525525 accordance with the valid provisions of this section, to be used
526526 until the next time for redistricting under this section.
527527 A plan adopted under this subsection must remedy any legal
528528 defects in the previous plan identified by the court but may not
529529 include changes to the previous plan other than those made in order
530530 to remedy those defects.
531531 (q) Unless otherwise already convened, the legislature
532532 shall convene in special session on the first Tuesday that occurs
533533 during a period in which the legislature is required to adopt a plan
534534 under this section.
535535 SECTION 3. Section 7a, Article V, Texas Constitution, is
536536 amended by amending Subsections (e) and (i) and adding Subsection
537537 (j) to read as follows:
538538 (e) Unless the legislature enacts a statewide
539539 reapportionment of the judicial districts following each federal
540540 decennial census, the board shall convene not later than the first
541541 Monday of June of the third year following the year in which the
542542 federal decennial census is taken to make a statewide
543543 reapportionment of the districts. The board shall complete its
544544 work on the reapportionment and file its order with the secretary of
545545 state not later than August 31 of the same year. If the Judicial
546546 Districts Board fails to make a statewide apportionment by that
547547 date, the Texas [Legislative] Redistricting Commission [Board]
548548 established by Section 28, Article III, [Section 28,] of this
549549 constitution shall convene on September 1 of the same year to make a
550550 statewide reapportionment of the judicial districts not later than
551551 the 90th [150th] day after the final day for the Judicial Districts
552552 Board to make the reapportionment.
553553 (i) The legislature, the Judicial Districts Board, or the
554554 Texas [Legislative] Redistricting Commission [Board] may not
555555 redistrict the judicial districts to provide for any judicial
556556 district smaller in size than an entire county except as provided by
557557 this section. Judicial districts smaller in size than the entire
558558 county may be created subsequent to a general election where a
559559 majority of the persons voting on the proposition adopt the
560560 proposition "to allow the division of ____________ County into
561561 judicial districts composed of parts of ____________ County." No
562562 redistricting plan may be proposed or adopted by the legislature,
563563 the Judicial Districts Board, or the Texas [Legislative]
564564 Redistricting Commission [Board] in anticipation of a future action
565565 by the voters of any county.
566566 (j) Until January 1, 2031, a reference in this section to
567567 the Texas Redistricting Commission means the Legislative
568568 Redistricting Board established under Section 28, Article III, of
569569 this constitution. This subsection expires January 1, 2031.
570570 SECTION 4. This proposed constitutional amendment shall be
571571 submitted to the voters at an election to be held November 2, 2021.
572572 The ballot shall be printed to permit voting for or against the
573573 following proposition: "The constitutional amendment establishing
574574 the Texas Redistricting Commission and providing redistricting
575575 procedures for state legislative, state judicial, and
576576 congressional districts."