| 1 | 1 | | 87S30057 JRJ-D |
|---|
| 2 | 2 | | By: Anchia H.J.R. No. 15 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A JOINT RESOLUTION |
|---|
| 6 | 6 | | proposing a constitutional amendment establishing the Texas |
|---|
| 7 | 7 | | Redistricting Commission to redistrict the Texas Legislature and |
|---|
| 8 | 8 | | Texas congressional districts and revising procedures for |
|---|
| 9 | 9 | | redistricting. |
|---|
| 10 | 10 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Article III, Texas Constitution, is amended by |
|---|
| 12 | 12 | | adding Section 28a to read as follows: |
|---|
| 13 | 13 | | Sec. 28a. (a) The Texas Redistricting Commission exercises |
|---|
| 14 | 14 | | the legislative authority of this state to adopt redistricting |
|---|
| 15 | 15 | | plans for the election of the Texas House of Representatives, the |
|---|
| 16 | 16 | | Texas Senate, and the members of the United States House of |
|---|
| 17 | 17 | | Representatives elected from this state. Districts for those |
|---|
| 18 | 18 | | legislative bodies may not be established or changed except as |
|---|
| 19 | 19 | | provided by this section. |
|---|
| 20 | 20 | | (b) The commission consists of seven members selected as |
|---|
| 21 | 21 | | follows: |
|---|
| 22 | 22 | | (1) one member appointed by the member of the Texas |
|---|
| 23 | 23 | | Senate with the most seniority, as defined by senate rules; |
|---|
| 24 | 24 | | (2) one member appointed by the member of the Texas |
|---|
| 25 | 25 | | Senate with the most seniority, as defined by senate rules, who is |
|---|
| 26 | 26 | | of a different political party than the member described by |
|---|
| 27 | 27 | | Subdivision (1) of this subsection; |
|---|
| 28 | 28 | | (3) one member appointed by the member of the Texas |
|---|
| 29 | 29 | | House of Representatives with the most seniority, as defined by |
|---|
| 30 | 30 | | house rules; |
|---|
| 31 | 31 | | (4) one member appointed by the member of the Texas |
|---|
| 32 | 32 | | House of Representatives with the most seniority, as defined by |
|---|
| 33 | 33 | | house rules, who is of a different political party than the member |
|---|
| 34 | 34 | | described by Subdivision (3) of this subsection; |
|---|
| 35 | 35 | | (5) one member appointed by an affirmative vote of not |
|---|
| 36 | 36 | | fewer than three of the members of the commission selected under |
|---|
| 37 | 37 | | Subdivisions (1) through (4) of this subsection; and |
|---|
| 38 | 38 | | (6) two members appointed by the member appointed |
|---|
| 39 | 39 | | under Subdivision (5) of this subsection who must be retired |
|---|
| 40 | 40 | | federal judges appointed to the federal bench by presidents of |
|---|
| 41 | 41 | | different political parties. |
|---|
| 42 | 42 | | (c) The members of the commission shall appoint one of the |
|---|
| 43 | 43 | | members to serve as presiding officer by an affirmative vote of a |
|---|
| 44 | 44 | | majority of the members of the commission. |
|---|
| 45 | 45 | | (d) Each member of the commission must be a resident of this |
|---|
| 46 | 46 | | state and have relevant skills and abilities, including analytical |
|---|
| 47 | 47 | | skills, the capacity for impartiality, and an appreciation for the |
|---|
| 48 | 48 | | diverse demographics and geography of the state. A person is not |
|---|
| 49 | 49 | | eligible to serve on the commission if the person: |
|---|
| 50 | 50 | | (1) holds an elective or appointive public office, |
|---|
| 51 | 51 | | other than the office of retired federal judge if the member is |
|---|
| 52 | 52 | | appointed under Subsection (b)(6) of this section or an office on |
|---|
| 53 | 53 | | the governing body of a school district; |
|---|
| 54 | 54 | | (2) holds an office in a political party; |
|---|
| 55 | 55 | | (3) is employed by: |
|---|
| 56 | 56 | | (A) an elected or appointed public official; |
|---|
| 57 | 57 | | (B) a candidate for the legislature or the United |
|---|
| 58 | 58 | | States Congress; or |
|---|
| 59 | 59 | | (C) an entity whose principal purpose is to |
|---|
| 60 | 60 | | support or oppose a candidate described by Paragraph (B) of this |
|---|
| 61 | 61 | | subdivision; |
|---|
| 62 | 62 | | (4) has served in a position described by Subdivision |
|---|
| 63 | 63 | | (1), (2), or (3) of this subsection within the three years preceding |
|---|
| 64 | 64 | | the date the person is appointed to the commission; |
|---|
| 65 | 65 | | (5) is required by law to register with the Texas |
|---|
| 66 | 66 | | Ethics Commission on account of the person's communications with |
|---|
| 67 | 67 | | state officers to influence legislation or administrative action, |
|---|
| 68 | 68 | | or was required to register in that capacity in the three years |
|---|
| 69 | 69 | | preceding the date the person was appointed to the commission; or |
|---|
| 70 | 70 | | (6) is related to an elected or appointed public |
|---|
| 71 | 71 | | official within the second degree by consanguinity, as determined |
|---|
| 72 | 72 | | under general law governing consanguinity. |
|---|
| 73 | 73 | | (e) The full term of a member of the commission is a 10-year |
|---|
| 74 | 74 | | term that begins on February 1 of the year ending in 1 in which the |
|---|
| 75 | 75 | | initial appointment to the position is required to be made and |
|---|
| 76 | 76 | | expires on January 31 of the next year ending in 1. A vacancy on the |
|---|
| 77 | 77 | | commission is filled in the same manner as provided by this section |
|---|
| 78 | 78 | | for the original appointment. |
|---|
| 79 | 79 | | (e-1) Notwithstanding Subsection (e) of this section, the |
|---|
| 80 | 80 | | term of an initial member of the commission begins October 1, 2022, |
|---|
| 81 | 81 | | and expires January 31, 2031. This subsection expires January 1, |
|---|
| 82 | 82 | | 2032. |
|---|
| 83 | 83 | | (f) A member of the commission may not be a candidate in an |
|---|
| 84 | 84 | | election for the Texas Senate or Texas House of Representatives |
|---|
| 85 | 85 | | before the third anniversary of the date the commission adopts a |
|---|
| 86 | 86 | | redistricting plan or modification of a plan for that body during |
|---|
| 87 | 87 | | the person's service on the commission. |
|---|
| 88 | 88 | | (g) A member of the Texas House of Representatives, the |
|---|
| 89 | 89 | | Texas Senate, or the United States House of Representatives may not |
|---|
| 90 | 90 | | have contact, directly or indirectly, with a redistricting |
|---|
| 91 | 91 | | commission member or with redistricting commission staff, with |
|---|
| 92 | 92 | | respect to redistricting, except by testimony in a public hearing. |
|---|
| 93 | 93 | | Redistricting commission members may not engage in any discussions, |
|---|
| 94 | 94 | | directly or indirectly, regarding redistricting or the work of the |
|---|
| 95 | 95 | | redistricting commission with members of the Texas House of |
|---|
| 96 | 96 | | Representatives, the Texas Senate, or the United States House of |
|---|
| 97 | 97 | | Representatives, except during a public hearing or by written |
|---|
| 98 | 98 | | communication given to the entire commission. If a redistricting |
|---|
| 99 | 99 | | commission member engages in a prohibited discussion or violates |
|---|
| 100 | 100 | | state law regarding public meetings, the commission may, by |
|---|
| 101 | 101 | | majority vote, remove the member from the commission. |
|---|
| 102 | 102 | | (h) A redistricting plan or modification of a redistricting |
|---|
| 103 | 103 | | plan is adopted by a vote of not less than five members of the |
|---|
| 104 | 104 | | commission. |
|---|
| 105 | 105 | | (i) The members of the commission appointed under |
|---|
| 106 | 106 | | Subsections (b)(1) through (4) of this section shall be appointed |
|---|
| 107 | 107 | | not earlier than January 25 or later than January 31 of each year |
|---|
| 108 | 108 | | ending in 1. The member appointed under Subsection (b)(5) of this |
|---|
| 109 | 109 | | section shall be appointed not later than the 15th day after the |
|---|
| 110 | 110 | | commission convenes under Subsection (k) of this section. The |
|---|
| 111 | 111 | | members appointed under Subsection (b)(6) of this section shall be |
|---|
| 112 | 112 | | appointed not later than the 15th day after the date of an |
|---|
| 113 | 113 | | appointment under Subsection (b)(5) of this section. |
|---|
| 114 | 114 | | (i-1) Notwithstanding Subsection (i) of this section, the |
|---|
| 115 | 115 | | initial members of the commission appointed under Subsections |
|---|
| 116 | 116 | | (b)(1) through (4) of this section shall be appointed not later than |
|---|
| 117 | 117 | | October 31, 2022. This subsection expires January 1, 2032. |
|---|
| 118 | 118 | | (j) As soon as practicable after the commission convenes, |
|---|
| 119 | 119 | | all members of the commission must attend training provided by a |
|---|
| 120 | 120 | | legislative agency that has provided redistricting services to the |
|---|
| 121 | 121 | | legislature. The training must include: |
|---|
| 122 | 122 | | (1) information on the demographics and geography of |
|---|
| 123 | 123 | | the state; |
|---|
| 124 | 124 | | (2) the responsibilities of the commission; |
|---|
| 125 | 125 | | (3) information on the redistricting process; and |
|---|
| 126 | 126 | | (4) redistricting software training. |
|---|
| 127 | 127 | | (k) The commission shall convene on the first business day |
|---|
| 128 | 128 | | after January 31 of each year ending in 1 and shall adopt a |
|---|
| 129 | 129 | | redistricting plan for the Texas Senate, the Texas House of |
|---|
| 130 | 130 | | Representatives, and the members of the United States House of |
|---|
| 131 | 131 | | Representatives elected from this state not later than July 1 of |
|---|
| 132 | 132 | | that year, unless the federal decennial census is delivered to the |
|---|
| 133 | 133 | | appropriate officials of this state after May 1 of that year, in |
|---|
| 134 | 134 | | which event the commission shall adopt those redistricting plans |
|---|
| 135 | 135 | | not later than the 90th day after the date the census is delivered. |
|---|
| 136 | 136 | | (k-1) Notwithstanding Subsection (k) of this section, the |
|---|
| 137 | 137 | | initial commission established under this section shall convene |
|---|
| 138 | 138 | | November 1, 2022. This subsection expires January 1, 2032. |
|---|
| 139 | 139 | | (l) The commission shall reconvene to modify a |
|---|
| 140 | 140 | | redistricting plan if the plan becomes unenforceable by order of a |
|---|
| 141 | 141 | | court or by action of any other appropriate authority. In modifying |
|---|
| 142 | 142 | | a redistricting plan, the commission must comply with all |
|---|
| 143 | 143 | | applicable standards imposed by this section, other provisions of |
|---|
| 144 | 144 | | this constitution, and laws enacted under this section but is not |
|---|
| 145 | 145 | | limited to modifications necessary to correct legal deficiencies. |
|---|
| 146 | 146 | | (m) In a redistricting plan or modification of a plan |
|---|
| 147 | 147 | | adopted under this section, the commission shall consider the |
|---|
| 148 | 148 | | following criteria, giving priority to each criterion in the order |
|---|
| 149 | 149 | | listed: |
|---|
| 150 | 150 | | (1) districts must be drawn in accordance with the |
|---|
| 151 | 151 | | federal constitution and all applicable federal laws, including the |
|---|
| 152 | 152 | | federal Voting Rights Act of 1965 (52 U.S.C. Section 10101 et seq.); |
|---|
| 153 | 153 | | (2) in addition to the requirements of federal law, |
|---|
| 154 | 154 | | districts must be drawn in a manner that does not discriminate on |
|---|
| 155 | 155 | | the basis of race, color, or membership in a language minority group |
|---|
| 156 | 156 | | by ensuring the voting strength of racial, ethnic, and language |
|---|
| 157 | 157 | | minorities in the districts is not diluted in a manner that deprives |
|---|
| 158 | 158 | | minority voters of an equal opportunity to elect a candidate of |
|---|
| 159 | 159 | | their choice; |
|---|
| 160 | 160 | | (3) each district must be composed of contiguous |
|---|
| 161 | 161 | | territory, and for purposes of this subdivision territory that is |
|---|
| 162 | 162 | | adjoining only at a point is not considered contiguous; |
|---|
| 163 | 163 | | (4) to the extent reasonable, district boundaries may |
|---|
| 164 | 164 | | not divide a community of interest other than a community based on a |
|---|
| 165 | 165 | | relationship with a political party or candidate for public office; |
|---|
| 166 | 166 | | (5) to the extent reasonable, district boundaries must |
|---|
| 167 | 167 | | coincide with the boundaries of political subdivisions of the state |
|---|
| 168 | 168 | | and divide the smallest number of counties, municipalities, and |
|---|
| 169 | 169 | | school districts possible; |
|---|
| 170 | 170 | | (6) each congressional district must contain a |
|---|
| 171 | 171 | | population as nearly equal as possible to the population of any |
|---|
| 172 | 172 | | other district in the plan; and |
|---|
| 173 | 173 | | (7) in a redistricting plan for the Texas Senate or |
|---|
| 174 | 174 | | Texas House of Representatives the overall range of population |
|---|
| 175 | 175 | | deviation from the district with the largest population to the |
|---|
| 176 | 176 | | district with the smallest population may not exceed 2.5 percent. |
|---|
| 177 | 177 | | (n) If a political subdivision must be divided, the |
|---|
| 178 | 178 | | commission shall give preference to dividing a more populous |
|---|
| 179 | 179 | | political subdivision before a less populous one. This subsection |
|---|
| 180 | 180 | | does not apply to a boundary drawn along a county line that divides |
|---|
| 181 | 181 | | a municipality. |
|---|
| 182 | 182 | | (o) The commission may not draw a redistricting plan |
|---|
| 183 | 183 | | purposely to favor or discriminate against a political party or any |
|---|
| 184 | 184 | | other group. |
|---|
| 185 | 185 | | (p) The commission shall provide a process by which the |
|---|
| 186 | 186 | | public may comment on a proposed redistricting plan or proposed |
|---|
| 187 | 187 | | modification of a plan. The commission shall consider those |
|---|
| 188 | 188 | | comments in the adoption or modification of a redistricting plan. |
|---|
| 189 | 189 | | (q) For a reasonable period before the commission considers |
|---|
| 190 | 190 | | a redistricting plan, including a modification of a redistricting |
|---|
| 191 | 191 | | plan, the commission shall make available to the public: |
|---|
| 192 | 192 | | (1) a report that identifies for each district in the |
|---|
| 193 | 193 | | plan: |
|---|
| 194 | 194 | | (A) boundaries; |
|---|
| 195 | 195 | | (B) population; |
|---|
| 196 | 196 | | (C) racial and ethnic composition; |
|---|
| 197 | 197 | | (D) compactness measure; |
|---|
| 198 | 198 | | (E) divided governmental units; and |
|---|
| 199 | 199 | | (F) political performance indexes; and |
|---|
| 200 | 200 | | (2) the total number of: |
|---|
| 201 | 201 | | (A) governmental units of each type that are |
|---|
| 202 | 202 | | divided; |
|---|
| 203 | 203 | | (B) politically balanced districts; and |
|---|
| 204 | 204 | | (C) districts anticipated to lean toward each |
|---|
| 205 | 205 | | political party. |
|---|
| 206 | 206 | | (r) The legislature shall enact laws consistent with this |
|---|
| 207 | 207 | | section to implement this section. The laws may include additional |
|---|
| 208 | 208 | | qualifications for commission members and additional standards |
|---|
| 209 | 209 | | applicable to redistricting plans. |
|---|
| 210 | 210 | | (s) The legislature shall appropriate money or otherwise |
|---|
| 211 | 211 | | provide the commission with sufficient facilities and personnel to |
|---|
| 212 | 212 | | enable the commission to carry out its duties. |
|---|
| 213 | 213 | | (t) This section takes effect September 1, 2022. On that |
|---|
| 214 | 214 | | date, the Legislative Redistricting Board is abolished and Section |
|---|
| 215 | 215 | | 28 of this article is repealed. The Texas Redistricting Commission |
|---|
| 216 | 216 | | shall convene for the first time on November 1, 2022. This |
|---|
| 217 | 217 | | subsection expires January 1, 2032. |
|---|
| 218 | 218 | | SECTION 2. Section 7a, Article V, Texas Constitution, is |
|---|
| 219 | 219 | | amended by amending Subsections (e) and (i) and adding Subsection |
|---|
| 220 | 220 | | (j) to read as follows: |
|---|
| 221 | 221 | | (e) Unless the legislature enacts a statewide |
|---|
| 222 | 222 | | reapportionment of the judicial districts following each federal |
|---|
| 223 | 223 | | decennial census, the board shall convene not later than the first |
|---|
| 224 | 224 | | Monday of June of the third year following the year in which the |
|---|
| 225 | 225 | | federal decennial census is taken to make a statewide |
|---|
| 226 | 226 | | reapportionment of the districts. The board shall complete its |
|---|
| 227 | 227 | | work on the reapportionment and file its order with the secretary of |
|---|
| 228 | 228 | | state not later than August 31 of the same year. If the Judicial |
|---|
| 229 | 229 | | Districts Board fails to make a statewide apportionment by that |
|---|
| 230 | 230 | | date, the Texas [Legislative] Redistricting Commission [Board] |
|---|
| 231 | 231 | | established by Article III, Section 28a [28], of this constitution |
|---|
| 232 | 232 | | shall convene on September 1 of the same year to make a statewide |
|---|
| 233 | 233 | | reapportionment of the judicial districts not later than the 90th |
|---|
| 234 | 234 | | [150th] day after the final day for the Judicial Districts Board to |
|---|
| 235 | 235 | | make the reapportionment. |
|---|
| 236 | 236 | | (i) The legislature, the Judicial Districts Board, or the |
|---|
| 237 | 237 | | Texas [Legislative] Redistricting Commission [Board] may not |
|---|
| 238 | 238 | | redistrict the judicial districts to provide for any judicial |
|---|
| 239 | 239 | | district smaller in size than an entire county except as provided by |
|---|
| 240 | 240 | | this section. Judicial districts smaller in size than the entire |
|---|
| 241 | 241 | | county may be created subsequent to a general election where a |
|---|
| 242 | 242 | | majority of the persons voting on the proposition adopt the |
|---|
| 243 | 243 | | proposition "to allow the division of ____________ County into |
|---|
| 244 | 244 | | judicial districts composed of parts of ____________ County." No |
|---|
| 245 | 245 | | redistricting plan may be proposed or adopted by the legislature, |
|---|
| 246 | 246 | | the Judicial Districts Board, or the Texas [Legislative] |
|---|
| 247 | 247 | | Redistricting Commission [Board] in anticipation of a future action |
|---|
| 248 | 248 | | by the voters of any county. |
|---|
| 249 | 249 | | (j) Until September 1, 2022, a reference in this section to |
|---|
| 250 | 250 | | the Texas Redistricting Commission means the Legislative |
|---|
| 251 | 251 | | Redistricting Board established under Article III, Section 28, of |
|---|
| 252 | 252 | | this constitution. This subsection expires January 1, 2032. |
|---|
| 253 | 253 | | SECTION 3. This proposed constitutional amendment shall be |
|---|
| 254 | 254 | | submitted to the voters at an election to be held May 7, 2022. The |
|---|
| 255 | 255 | | ballot shall be printed to permit voting for or against the |
|---|
| 256 | 256 | | following proposition: "The constitutional amendment establishing |
|---|
| 257 | 257 | | the Texas Redistricting Commission to redistrict the Texas |
|---|
| 258 | 258 | | Legislature and Texas congressional districts and revising |
|---|
| 259 | 259 | | procedures for redistricting." |
|---|