Texas 2021 - 87th 3rd C.S.

Texas Senate Bill SJR8 Compare Versions

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1	1	87S30026 BEF-D
2	2	By: Johnson S.J.R. No. 8
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment establishing an independent
7	7	redistricting commission to establish districts for the election of
8	8	the members of the United States House of Representatives elected
9	9	from this state, the Texas Senate, and the Texas House of
10	10	Representatives.
11	11	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article III, Texas Constitution, is amended by
13	13	adding Section 28a to read as follows:
14	14	Sec. 28a. The independent redistricting commission under
15	15	Article XVIII of this constitution exercises the legislative
16	16	authority of this state to adopt redistricting plans for the
17	17	election of members of the United States House of Representatives
18	18	elected from this state, the Texas House of Representatives, and
19	19	the Texas Senate. Districts for those legislative bodies may not be
20	20	established or changed except as provided by that article.
21	21	SECTION 2. Sections 7a(e) and (i), Article V, Texas
22	22	Constitution, are amended to read as follows:
23	23	(e) Unless the legislature enacts a statewide
24	24	reapportionment of the judicial districts following each federal
25	25	decennial census, the board shall convene not later than the first
26	26	Monday of June of the third year following the year in which the
27	27	federal decennial census is taken to make a statewide
28	28	reapportionment of the districts. The board shall complete its
29	29	work on the reapportionment and file its order with the secretary of
30	30	state not later than August 31 of the same year. If the Judicial
31	31	Districts Board fails to make a statewide apportionment by that
32	32	date, the independent redistricting commission [Legislative
33	33	Redistricting Board] established by Article XVIII [III, Section
34	34	28,] of this constitution shall convene on September 1 of the same
35	35	year to make a statewide reapportionment of the judicial districts
36	36	not later than the 90th [150th] day after the final day for the
37	37	Judicial Districts Board to make the reapportionment.
38	38	(i) The legislature, the Judicial Districts Board, or the
39	39	independent redistricting commission [Legislative Redistricting
40	40	Board] may not redistrict the judicial districts to provide for any
41	41	judicial district smaller in size than an entire county except as
42	42	provided by this section. Judicial districts smaller in size than
43	43	the entire county may be created subsequent to a general election
44	44	where a majority of the persons voting on the proposition adopt the
45	45	proposition "to allow the division of ____________ County into
46	46	judicial districts composed of parts of ____________ County." No
47	47	redistricting plan may be proposed or adopted by the legislature,
48	48	the Judicial Districts Board, or the independent redistricting
49	49	commission [Legislative Redistricting Board] in anticipation of a
50	50	future action by the voters of any county.
51	51	SECTION 3. The Texas Constitution is amended by adding
52	52	Article XVIII to read as follows:
53	53	ARTICLE XVIII. INDEPENDENT REDISTRICTING COMMISSION
54	54	SUBCHAPTER A. GENERAL PROVISIONS
55	55	Sec. 1. DEFINITIONS. In this article:
56	56	(1) "Commission" means the independent redistricting
57	57	commission established under this article.
58	58	(2) "Nonpartisan agency" means the agency designated
59	59	or established under Part 1, Subchapter E, of this article.
60	60	(3) "Redistricting plan" means a plan that establishes
61	61	the boundaries of districts used for the election of the members of,
62	62	as applicable:
63	63	(A) the United States House of Representatives
64	64	elected from this state;
65	65	(B) the Texas Senate; or
66	66	(C) the Texas House of Representatives.
67	67	(4) "Select committee" means the committee appointed
68	68	under Part 2, Subchapter E, of this article.
69	69	(5) "Selection pool" means the approved selection pool
70	70	under Part 2, Subchapter C, of this article.
71	71	SUBCHAPTER B. COMMISSION
72	72	PART 1. APPOINTMENT OF MEMBERS
73	73	Sec. 2. APPOINTMENT. (a) The nonpartisan agency shall
74	74	establish an independent redistricting commission for this state
75	75	consisting of 15 members appointed under this section.
76	76	(b) Not later than October 1 of a year ending in the numeral
77	77	zero, the nonpartisan agency shall, at a public meeting held at
78	78	least 15 days after notice of the meeting is given to the public,
79	79	appoint the following six commission members:
80	80	(1) two members chosen at random from the majority
81	81	category of the selection pool;
82	82	(2) two members chosen at random from the minority
83	83	category of the selection pool; and
84	84	(3) two members chosen at random from the independent
85	85	category of the selection pool.
86	86	(c) Not later than November 15 of a year ending in the
87	87	numeral zero, the commission members appointed under Subsection (b)
88	88	of this section shall, at a public meeting held at least 15 days
89	89	after notice of the meeting is given to the public, appoint the
90	90	following nine commission members:
91	91	(1) three members selected from the majority category
92	92	of the selection pool;
93	93	(2) three members selected from the minority category
94	94	of the selection pool; and
95	95	(3) three members selected from the independent
96	96	category of the selection pool.
97	97	Sec. 3. RULES FOR APPOINTMENT OF CERTAIN MEMBERS. (a) The
98	98	appointment of a commission member under Section 2(c) or 5(b) of
99	99	this article and the selection of an alternate member under Section
100	100	4(b) of this article requires the affirmative vote of at least four
101	101	of the members appointed under Section 2(b) of this article,
102	102	including at least one member chosen from each category of the
103	103	selection pool.
104	104	(b) In appointing commission members under Section 2(c) or
105	105	5(b) of this article and selecting alternate members under Section
106	106	4(b) of this article, the commission members appointed under
107	107	Section 2(b) of this article shall ensure that the membership of the
108	108	commission:
109	109	(1) is representative of the demographic groups,
110	110	including racial, ethnic, economic, and gender groups, and
111	111	geographic regions of this state; and
112	112	(2) provides racial, ethnic, and language minorities
113	113	protected under the Voting Rights Act of 1965 (52 U.S.C. Section
114	114	10301 et seq.) with a meaningful opportunity to participate in the
115	115	development of this state's redistricting plans.
116	116	Sec. 4. DESIGNATION OF ALTERNATE MEMBERS. (a) When the
117	117	nonpartisan agency appoints commission members under Section 2(b)
118	118	of this article, the agency shall choose at random two other
119	119	individuals from each category of the selection pool to serve as
120	120	alternate members.
121	121	(b) When the commission members appointed under Section
122	122	2(b) of this article appoint the remaining commission members under
123	123	Section 2(c) of this article, the members appointed under Section
124	124	2(b) shall select two other individuals from each category of the
125	125	selection pool to serve as alternate members.
126	126	Sec. 5. APPOINTMENT OF ALTERNATE MEMBERS TO FILL VACANCIES.
127	127	(a) If a commission member appointed under Section 2(b) of this
128	128	article vacates the member's position, the nonpartisan agency shall
129	129	choose at random one of the alternate members under Section 4(a) of
130	130	this article to fill the vacancy from the same category of the
131	131	selection pool as the vacating member. The agency shall also choose
132	132	at random another individual from the same category of the
133	133	selection pool to replace the alternate member.
134	134	(b) If a member appointed under Section 2(c) of this article
135	135	vacates the member's position, the members appointed under Section
136	136	2(b) of this article shall select one of the alternate members under
137	137	Section 4(b) of this article to fill the vacancy from the same
138	138	category of the selection pool as the vacating member. The members
139	139	appointed under Section 2(b) shall also select another individual
140	140	from the same category of the selection pool to replace the
141	141	alternate member.
142	142	Sec. 6. REMOVAL OF COMMISSION MEMBER. A commission member
143	143	may be removed by a majority vote of the remaining commission
144	144	members if it is shown by a preponderance of the evidence that the
145	145	person is not eligible to serve on the commission under Part 1,
146	146	Subchapter C, of this article.
147	147	PART 2. PROCEDURES FOR CONDUCTING COMMISSION BUSINESS
148	148	Sec. 7. CHAIR. The commission members shall select by
149	149	majority vote one member who was appointed from the independent
150	150	category of the selection pool to serve as chair of the commission.
151	151	The commission may not take any action to develop a redistricting
152	152	plan for this state under Subchapter D of this article before the
153	153	appointment of the chair.
154	154	Sec. 8. VOTE REQUIRED FOR CERTAIN ACTIONS. The commission
155	155	may not publish and disseminate any draft or final redistricting
156	156	plan, or take any other action, without the approval of at least:
157	157	(1) a majority of the members of the commission; and
158	158	(2) one commission member from each category of the
159	159	selection pool.
160	160	Sec. 9. QUORUM. A majority of the members of the commission
161	161	constitutes a quorum.
162	162	PART 3. STAFF; CONTRACTORS
163	163	Sec. 10. COMMISSION STAFF. The commission shall appoint
164	164	and set the pay of technical experts, legal counsel, consultants,
165	165	and other staff the commission considers appropriate, subject to
166	166	general law. The application process must be public and all
167	167	application materials must be made available for public inspection.
168	168	Sec. 11. CONTRACTORS. The commission may enter into
169	169	contracts with vendors as the commission considers appropriate,
170	170	subject to general law. A contract must be approved by a majority
171	171	vote of the commission members, including at least one member from
172	172	each category of the selection pool.
173	173	Sec. 12. REPORTS REGARDING POLITICAL EXPENDITURES. (a)
174	174	Each individual who applies for a position as an employee of the
175	175	commission and each vendor who applies for a contract with the
176	176	commission shall, at the time of application, file with the
177	177	commission a report summarizing:
178	178	(1) any expenditure for political activity made by the
179	179	individual or vendor during the 10 most recent calendar years; and
180	180	(2) any income received by the individual or vendor
181	181	during the 10 most recent calendar years that is attributable to an
182	182	expenditure for political activity.
183	183	(b) Each employee or vendor of the commission shall, not
184	184	later than the first anniversary of becoming an employee or vendor,
185	185	file with the commission a report summarizing the expenditures and
186	186	income described by Subsection (a) of this section during the 10
187	187	most recent calendar years. The employee or vendor shall file a
188	188	subsequent report for each year during any part of which the person
189	189	serves as an employee or a vendor.
190	190	(c) In this section, "expenditure for political activity"
191	191	means a disbursement for:
192	192	(1) an independent expenditure, as defined by Section
193	193	301(17) of the Federal Election Campaign Act of 1971 (52 U.S.C.
194	194	Section 30101(17));
195	195	(2) an electioneering communication, as defined by
196	196	Section 304(f)(3) of the Federal Election Campaign Act of 1971 (52
197	197	U.S.C. Section 30104(f)(3)), or any other public communication, as
198	198	defined by Section 301(22) of that Act (52 U.S.C. Section
199	199	30101(22)), that would be an electioneering communication if it
200	200	were a broadcast, cable, or satellite communication; or
201	201	(3) any dues or other payments to a trade association
202	202	or organization exempt from tax under Section 501(a) of the
203	203	Internal Revenue Code of 1986 by reason of being listed under
204	204	Section 501(c) of that code that are, or could reasonably be
205	205	anticipated to be, used or transferred to another association or
206	206	organization for a use described by Section 501(c)(1), (2), or (3)
207	207	of that code.
208	208	Sec. 13. GOAL OF IMPARTIALITY. The commission shall take
209	209	appropriate steps to ensure that any staff appointed under this
210	210	part and any vendor with whom the commission enters into a contract
211	211	under this part will work in an impartial manner. The commission
212	212	may require an applicant for a staff position or contract to provide
213	213	information on the person's history of political activity beyond
214	214	the information required in the reports under Section 12 of this
215	215	article, including donations to candidates, political committees,
216	216	and political parties.
217	217	Sec. 14. DISQUALIFICATION; WAIVER. (a) The commission may
218	218	not appoint an individual as an employee or enter into a contract
219	219	with a vendor if the individual or vendor would be disqualified from
220	220	serving as a commission member under Section 18 of this article.
221	221	(b) The commission may by unanimous vote of its members
222	222	waive the application of Subsection (a) of this section to an
223	223	individual or a vendor after receiving and reviewing the person's
224	224	report under Section 12 of this article.
225	225	PART 4. TERMINATION OF COMMISSION
226	226	Sec. 15. TERMINATION. The terms of commission members
227	227	expire on the earlier of:
228	228	(1) June 14 of the year ending in the numeral zero
229	229	following appointment; or
230	230	(2) the day on which the nonpartisan agency submits a
231	231	selection pool to the select committee under Section 21 of this
232	232	article.
233	233	Sec. 16. PRESERVATION OF RECORDS. The legislature shall
234	234	ensure that the records of the commission are retained in an
235	235	appropriate state archive that allows this state to respond to any
236	236	civil action brought with respect to congressional redistricting in
237	237	this state.
238	238	SUBCHAPTER C. ESTABLISHMENT OF SELECTION POOL
239	239	PART 1. CRITERIA FOR ELIGIBILITY
240	240	Sec. 17. ELIGIBILITY. An individual is eligible to serve as
241	241	a commission member if:
242	242	(1) on the date of appointment, the individual is
243	243	registered to vote in elections for federal office held in this
244	244	state;
245	245	(2) during the three years preceding the date of
246	246	appointment, the individual has been a member of only one political
247	247	party or has not been a member of any political party; and
248	248	(3) the individual submits to the nonpartisan agency,
249	249	at a time and in a form required by the agency, an application for
250	250	inclusion in the selection pool under this subchapter and includes
251	251	with the application a written statement, with an attestation under
252	252	penalty of perjury, containing the following information and
253	253	assurances:
254	254	(A) the individual's full current name, all of
255	255	the individual's former names, and the individual's contact
256	256	information including electronic mail address, residence address,
257	257	mailing address, and telephone numbers;
258	258	(B) the individual's race, ethnicity, gender,
259	259	age, date of birth, and household income for the most recent taxable
260	260	year;
261	261	(C) the political party with which the individual
262	262	is affiliated, if any;
263	263	(D) the reasons the individual desires to serve
264	264	as a member of the commission, the individual's qualifications, and
265	265	information relevant to the individual's ability to be fair and
266	266	impartial including:
267	267	(i) any involvement with, or financial
268	268	support of, a professional, social, political, religious, or
269	269	community organization or cause; and
270	270	(ii) the individual's employment and
271	271	educational history;
272	272	(E) an assurance that the individual will commit
273	273	to carrying out the individual's duties under this article in an
274	274	honest, independent, and impartial fashion and upholding public
275	275	confidence in the integrity of the redistricting process; and
276	276	(F) an assurance that, during the covered periods
277	277	described by Section 19 of this article, the individual has not
278	278	taken and will not take any action that would disqualify the
279	279	individual from serving as a commission member under Section 18 of
280	280	this article.
281	281	Sec. 18. DISQUALIFICATIONS. An individual is not eligible
282	282	to serve as a commission member if, during any of the covered
283	283	periods described by Section 19 of this article:
284	284	(1) the individual or, in the case of the covered
285	285	periods described by Sections 19(1) and (2) of this article, an
286	286	immediate family member of the individual holds public office or is
287	287	a candidate for election to public office;
288	288	(2) the individual or, in the case of the covered
289	289	periods described by Sections 19(1) and (2) of this article, an
290	290	immediate family member of the individual, serves as an officer of a
291	291	political party or as an officer, employee, or paid consultant of a
292	292	campaign committee of a candidate for public office or of any
293	293	political action committee, as determined under general law;
294	294	(3) the individual or, in the case of the covered
295	295	periods described by Sections 19(1) and (2) of this article, an
296	296	immediate family member of the individual, holds a position as a
297	297	registered lobbyist under the Lobbying Disclosure Act of 1995 (2
298	298	U.S.C. Section 1601 et seq.) or an equivalent state or local law;
299	299	(4) the individual or, in the case of the covered
300	300	periods described by Sections 19(1) and (2) of this article, an
301	301	immediate family member of the individual, is an employee of an
302	302	elected public official, a contractor with this state, or a donor to
303	303	the campaign of any candidate for public office or to any political
304	304	action committee, other than a donor who, during any of the covered
305	305	periods, gives an aggregate amount of $1,000 or less to the
306	306	campaigns of all candidates for all public offices and to all
307	307	political action committees;
308	308	(5) the individual paid a civil penalty or criminal
309	309	fine or was sentenced to a term of imprisonment for violating any
310	310	provision of the Federal Election Campaign Act of 1971 (52 U.S.C.
311	311	Section 30101 et seq.); or
312	312	(6) the individual or, in the case of the covered
313	313	periods described by Sections 19(1) and (2) of this article, an
314	314	immediate family member of the individual, is an agent of a foreign
315	315	principal under the Foreign Agents Registration Act of 1938 (22
316	316	U.S.C. Section 611 et seq.).
317	317	Sec. 19. COVERED PERIODS. In this part, "covered period"
318	318	means, with respect to the appointment of a commission member:
319	319	(1) the 10-year period preceding the date of the
320	320	member's appointment;
321	321	(2) the period beginning on the date of the
322	322	individual's appointment and ending on August 14 of the next year
323	323	ending in the numeral one; and
324	324	(3) the 10-year period beginning on the day after the
325	325	last day of the period described by Subdivision (2) of this section.
326	326	Sec. 20. IMMEDIATE FAMILY MEMBER. In this part, "immediate
327	327	family member" means, with respect to an individual, a father,
328	328	stepfather, mother, stepmother, son, stepson, daughter,
329	329	stepdaughter, brother, stepbrother, sister, stepsister, husband,
330	330	wife, father-in-law, or mother-in-law.
331	331	PART 2. DEVELOPMENT AND SUBMISSION OF SELECTION POOL
332	332	Sec. 21. SELECTION POOL. Not later than June 15 of each
333	333	year ending in the numeral zero, the nonpartisan agency shall
334	334	develop and submit to the select committee a selection pool of 36
335	335	individuals who are eligible to serve as commission members. The
336	336	selection pool must include:
337	337	(1) a majority category with 12 individuals who are
338	338	affiliated with the political party whose candidate received the
339	339	most votes in the most recent statewide election for federal office
340	340	held in this state;
341	341	(2) a minority category with 12 individuals who are
342	342	affiliated with the political party whose candidate received the
343	343	second most votes in the most recent statewide election for federal
344	344	office held in this state; and
345	345	(3) an independent category with 12 individuals who
346	346	are not affiliated with either political party described by
347	347	Subdivisions (1) and (2) of this section.
348	348	Sec. 22. FACTORS CONSIDERED IN DEVELOPING POOL. In
349	349	selecting individuals for the selection pool under this part, the
350	350	nonpartisan agency shall:
351	351	(1) ensure that the pool:
352	352	(A) is representative of the demographic groups,
353	353	including racial, ethnic, economic, and gender groups, and
354	354	geographic regions of this state; and
355	355	(B) includes applicants who would allow racial,
356	356	ethnic, and language minorities protected under the Voting Rights
357	357	Act of 1965 (52 U.S.C. Section 10301 et seq.) a meaningful
358	358	opportunity to participate in the development of this state's
359	359	redistricting plans; and
360	360	(2) take into consideration the analytical skills of
361	361	the individuals selected in relevant fields, including mapping,
362	362	data management, law, community outreach, demography, and the
363	363	geography of this state, and their ability to work on an impartial
364	364	basis.
365	365	Sec. 23. INTERVIEWS OF APPLICANTS. To assist the
366	366	nonpartisan agency in developing the selection pool under this
367	367	part, the nonpartisan agency shall conduct interviews of applicants
368	368	under oath. If an individual is included in a selection pool
369	369	developed under this subchapter, all of the interviews of the
370	370	individual shall be transcribed and the transcriptions made
371	371	available on the nonpartisan agency's public Internet website at
372	372	the same time the report under Section 26 of this article is
373	373	released.
374	374	Sec. 24. POLITICAL PARTY AFFILIATION OF SELECTION POOL
375	375	MEMBERS. For purposes of this subchapter, an individual is
376	376	considered to be affiliated with a political party only if the
377	377	nonpartisan agency is able to verify, to the greatest extent
378	378	possible, the information the individual provides in the
379	379	application submitted under Section 17(3) of this article,
380	380	including by considering additional information provided by other
381	381	persons with knowledge of the individual's history of political
382	382	activity.
383	383	Sec. 25. ENCOURAGING APPLICATIONS FOR POOL. The
384	384	nonpartisan agency shall take steps necessary to ensure that
385	385	residents of the state across various geographic regions and
386	386	demographic groups are aware of the opportunity to serve as
387	387	commission members, including publicizing the role of the
388	388	commission and using newspapers, broadcast media, online sources,
389	389	and ethnic media, to encourage individuals to apply for inclusion
390	390	in the selection pool developed under this part.
391	391	Sec. 26. REPORT ON ESTABLISHMENT OF POOL. At the time the
392	392	nonpartisan agency submits the selection pool to the select
393	393	committee under Section 21 of this article, the nonpartisan agency
394	394	shall publish and post on the agency's public Internet website a
395	395	report describing the process by which the pool was developed,
396	396	including a description of how the individuals in the pool meet the
397	397	eligibility criteria of Part 1 of this subchapter and how the pool
398	398	reflects the factors the agency is required to take into
399	399	consideration under Section 22 of this article.
400	400	Sec. 27. PUBLIC COMMENT ON POOL. During the 14 days after
401	401	the nonpartisan agency publishes the report under Section 26 of
402	402	this article, the agency shall accept comments from the public on
403	403	the individuals included in the selection pool. The agency shall
404	404	post all comments on the agency's public Internet website as soon as
405	405	practicable after receipt and shall transmit them to the select
406	406	committee at the end of the comment period.
407	407	Sec. 28. ACTION BY SELECT COMMITTEE. (a) The select
408	408	committee shall, 15 to 21 days after receiving the selection pool
409	409	from the nonpartisan agency under Section 21 of this article:
410	410	(1) approve the pool as submitted by the nonpartisan
411	411	agency, in which case the pool becomes the approved selection pool
412	412	for purposes of Section 2 of this article; or
413	413	(2) reject the pool, in which case the nonpartisan
414	414	agency shall develop and submit a new selection pool as provided by
415	415	Part 3 of this subchapter.
416	416	(b) If the select committee fails to approve or reject the
417	417	pool by the deadline provided by Subsection (a) of this section, the
418	418	pool is considered rejected under Subsection (a)(2) of this
419	419	section.
420	420	PART 3. REPLACEMENT SELECTION POOL
421	421	Sec. 29. REPLACEMENT POOL. If the select committee rejects
422	422	the selection pool submitted by the nonpartisan agency under Part 2
423	423	of this subchapter, the nonpartisan agency shall, not later than 14
424	424	days after the rejection, develop and submit to the select
425	425	committee a replacement selection pool in the same manner provided
426	426	for the development and submission of the selection pool under
427	427	Sections 21 through 27 of this article. The replacement pool
428	428	submitted under this section may include individuals who were
429	429	included in the rejected selection pool submitted under Part 2 of
430	430	this subchapter if at least one individual in the replacement pool
431	431	was not included in the rejected pool.
432	432	Sec. 30. ACTION BY SELECT COMMITTEE. (a) Not later than 21
433	433	days after receiving the replacement selection pool from the
434	434	nonpartisan agency under Section 29 of this article, the select
435	435	committee shall:
436	436	(1) approve the pool as submitted by the nonpartisan
437	437	agency, in which case the pool becomes the approved selection pool
438	438	for purposes of Section 2 of this article; or
439	439	(2) reject the pool, in which case the nonpartisan
440	440	agency shall develop and submit a second replacement selection pool
441	441	as provided by Part 4 of this subchapter.
442	442	(b) If the select committee fails to approve or reject the
443	443	pool by the deadline provided by Subsection (a) of this section, the
444	444	pool is considered rejected under Subsection (a)(2) of this
445	445	section.
446	446	PART 4. SECOND REPLACEMENT SELECTION POOL
447	447	Sec. 31. SECOND REPLACEMENT POOL. If the select committee
448	448	rejects the replacement selection pool submitted by the nonpartisan
449	449	agency under Part 3 of this subchapter, the nonpartisan agency
450	450	shall, not later than 14 days after the rejection, develop and
451	451	submit to the select committee a second replacement selection pool,
452	452	in the same manner provided for the development and submission of
453	453	the selection pool under Sections 21 through 27 of this article.
454	454	The second replacement selection pool submitted under this section
455	455	may include individuals who were included in the rejected selection
456	456	pool under Part 2 of this subchapter or the rejected replacement
457	457	selection pool under Part 3 of this subchapter if at least one
458	458	individual in the second replacement pool was not included in
459	459	either rejected pool.
460	460	Sec. 32. ACTION BY SELECT COMMITTEE. (a) On the 14th or
461	461	15th day after receiving the second replacement selection pool from
462	462	the nonpartisan agency under Section 31 of this article, the select
463	463	committee shall:
464	464	(1) approve the pool as submitted by the nonpartisan
465	465	agency, in which case the pool becomes the approved selection pool
466	466	for purposes of Section 2 of this article; or
467	467	(2) reject the pool.
468	468	(b) If the select committee fails to approve or reject the
469	469	pool by the deadline provided by Subsection (a) of this section, the
470	470	pool is considered rejected under Subsection (a)(2) of this
471	471	section.
472	472	(c) If the select committee rejects the second replacement
473	473	pool under Section 31 of this article, this state shall petition:
474	474	(1) a federal court to order a remedial redistricting
475	475	plan for the election of members of congress; and
476	476	(2) a state or federal court to order a remedial
477	477	redistricting plan for the election of members of the Texas Senate
478	478	and Texas House of Representatives.
479	479	SUBCHAPTER D. CRITERIA FOR REDISTRICTING PLAN; PUBLIC NOTICE AND
480	480	INPUT
481	481	PART 1. DEVELOPMENT OF REDISTRICTING PLAN
482	482	Sec. 33. CRITERIA. (a) A redistricting plan shall
483	483	establish single-member districts using the following criteria in
484	484	the following order of priority:
485	485	(1) districts shall comply with the United States
486	486	Constitution, including the requirement that districts equalize
487	487	total population;
488	488	(2) districts shall comply with the Voting Rights Act
489	489	of 1965 (52 U.S.C. Section 10301 et seq.) and all applicable federal
490	490	laws;
491	491	(3) districts for the election of members of the Texas
492	492	Senate or Texas House of Representatives shall comply with all
493	493	applicable laws of this state;
494	494	(4) districts shall provide racial, ethnic, and
495	495	language minorities with an equal opportunity to participate in the
496	496	political process and to elect candidates of choice and may not
497	497	dilute or diminish their ability to elect candidates of choice
498	498	whether alone or in coalition with others; and
499	499	(5) districts shall respect communities of interest,
500	500	neighborhoods, and political subdivisions to the extent
501	501	practicable and after compliance with the requirements of
502	502	Subdivisions (1) through (4).
503	503	(b) In this section, "community of interest" means an area
504	504	with recognized similarities of interests, including ethnic,
505	505	racial, economic, tribal, social, cultural, geographic or historic
506	506	identities. The term may, in certain circumstances, include
507	507	political subdivisions such as counties, municipalities, tribal
508	508	lands and reservations, or school districts. The term does not
509	509	include common relationships with political parties or political
510	510	candidates.
511	511	Sec. 34. NO FAVORING OR DISFAVORING OF POLITICAL PARTIES.
512	512	(a) A redistricting plan may not, when considered on a statewide
513	513	basis, unfairly favor or disfavor any political party.
514	514	(b) For purposes of Subsection (a) of this section, the
515	515	determination of whether a redistricting plan has the effect of
516	516	unfairly favoring or disfavoring a political party shall be based
517	517	on the totality of circumstances, including whether the plan
518	518	results in durable partisan bias as determined by scientifically
519	519	accepted measures of partisan fairness and whether there are
520	520	alternative plans that would have complied with the requirements of
521	521	law and resulted in less durable levels of partisan bias.
522	522	Notwithstanding this subsection, a redistricting plan may not be
523	523	found to be in violation of Subsection (a) of this section because
524	524	of application of the criteria provided by Sections 33(a)(1), (2),
525	525	(3), and (4) of this article.
526	526	Sec. 35. FACTORS PROHIBITED FROM CONSIDERATION. In
527	527	developing a redistricting plan, the commission may not take into
528	528	consideration any of the following factors, except to the extent
529	529	necessary to comply with the criteria provided by Sections
530	530	33(a)(1), (2), (3), and (4) and Section 34 of this article and to
531	531	enable the redistricting plan to be measured against the external
532	532	metrics described by Section 51 of this article:
533	533	(1) the residence of any member of the United States
534	534	House of Representatives, the Texas Senate, or the Texas House of
535	535	Representatives or a candidate for one of those offices; or
536	536	(2) the political party affiliation or voting history
537	537	of the population of a district.
538	538	PART 2. PUBLIC NOTICE AND INPUT
539	539	Sec. 36. USE OF OPEN AND TRANSPARENT PROCESS. The
540	540	independent redistricting commission shall hold each of its
541	541	meetings in public, shall solicit and take into consideration
542	542	comments from the public, including proposed maps, throughout the
543	543	process of developing a redistricting plan, and shall carry out its
544	544	duties in an open and transparent manner which provides for the
545	545	widest public dissemination reasonably possible of its proposed and
546	546	final redistricting plans.
547	547	Sec. 37. WEBSITE. (a) The commission shall maintain a
548	548	public Internet website which is not affiliated with or maintained
549	549	by the office of any elected official and which includes the
550	550	following features:
551	551	(1) general information on the commission, its role in
552	552	the redistricting process, and its members, including contact
553	553	information;
554	554	(2) an updated schedule of commission hearings and
555	555	activities, including deadlines for the submission of comments;
556	556	(3) all draft redistricting plans developed by the
557	557	commission under Part 3 of this subchapter, each final
558	558	redistricting plan developed under Part 4 of this subchapter, and
559	559	the written evaluation under Part 5 of this subchapter;
560	560	(4) all comments received from the public on the
561	561	commission's activities, including any proposed maps submitted
562	562	under Section 36 of this article;
563	563	(5) livestreaming of commission hearings and an
564	564	archive of previous meetings, including any documents considered at
565	565	any meeting, which the commission shall post not later than 24
566	566	hours after the conclusion of the meeting;
567	567	(6) access in an easily usable format to the
568	568	demographic and other data used by the commission to develop and
569	569	analyze the proposed redistricting plans, together with access to
570	570	any software used to draw maps of proposed districts and any reports
571	571	analyzing and evaluating any redistricting maps;
572	572	(7) a method by which members of the public may submit
573	573	comments and proposed maps directly to the commission;
574	574	(8) all records of the commission, including all
575	575	communications to or from members, employees, and contractors
576	576	regarding the work of the commission;
577	577	(9) a list of all contractors receiving payment from
578	578	the commission, together with the annual disclosures submitted by
579	579	the contractors under Section 12 of this article; and
580	580	(10) a list of the names of all individuals who
581	581	submitted applications to serve on the commission, together with
582	582	the applications submitted by individuals included in any selection
583	583	pool, except that the commission may redact from applications any
584	584	financial or other personally sensitive information.
585	585	(b) The commission shall ensure that all information posted
586	586	and maintained on the website under this section, including
587	587	information and proposed maps submitted by the public, be
588	588	maintained in an easily searchable format.
589	589	(c) The commission shall ensure that the website under this
590	590	section is operational, in at least a preliminary format, not later
591	591	than January 1 of the year ending in the numeral one.
592	592	Sec. 38. PUBLIC COMMENT PERIOD. The commission shall
593	593	solicit, accept, and consider comments from the public with respect
594	594	to its duties, activities, and procedures at any time during the
595	595	period:
596	596	(1) beginning January 1 of the year ending in the
597	597	numeral one; and
598	598	(2) ending seven days before the date of the meeting at
599	599	which the commission votes on approving the final redistricting
600	600	plans for enactment into law under Section 48 of this article.
601	601	Sec. 39. MEETINGS AND HEARINGS IN VARIOUS GEOGRAPHIC
602	602	LOCATIONS. To the greatest extent practicable, the commission
603	603	shall hold its meetings and hearings in various geographic regions
604	604	and locations throughout this state.
605	605	Sec. 40. MULTIPLE LANGUAGE REQUIREMENTS FOR ALL NOTICES.
606	606	The commission shall make each notice which is required to be posted
607	607	and published under this subchapter available in any language in
608	608	which this state, or any jurisdiction in this state, is required to
609	609	provide election materials under Section 203, Voting Rights Act of
610	610	1965 (52 U.S.C. Section 10503).
611	611	PART 3. DEVELOPMENT AND PUBLICATION OF PRELIMINARY REDISTRICTING
612	612	PLAN
613	613	Sec. 41. PRELIMINARY PLAN. Before developing and
614	614	publishing a final redistricting plan under Part 2 of this
615	615	subchapter, the commission shall develop and publish a preliminary
616	616	version of the plan.
617	617	Sec. 42. HEARINGS AND COMMENT BEFORE DEVELOPMENT. (a)
618	618	Before developing a preliminary redistricting plan under this part,
619	619	the commission shall hold at least three public hearings at which
620	620	members of the public may provide input and comments regarding the
621	621	potential contents of redistricting plans for this state and the
622	622	process by which the commission will develop each preliminary plan
623	623	under this part.
624	624	(b) At least 14 days before the date of each hearing held
625	625	under this section, the commission shall post notices of the
626	626	hearing on the website maintained under Section 37 of this article
627	627	and shall provide for the publication of notices in newspapers of
628	628	general circulation throughout this state. Each notice must specify
629	629	the date, time, and location of the hearing.
630	630	(c) Any member of the public may submit maps or portions of
631	631	maps for consideration by the commission. Each map shall be made
632	632	publicly available on the commission's Internet website and open to
633	633	comment as provided by Section 37(a) of this article.
634	634	Sec. 43. PUBLICATION OF PRELIMINARY PLAN. (a) The
635	635	commission shall post each preliminary redistricting plan
636	636	developed under this part, together with a report that includes the
637	637	commission's responses to any public comments received under
638	638	Section 38 of this article, on the website maintained under Section
639	639	37 of this article and shall provide for the publication of each
640	640	plan in newspapers of general circulation throughout this state.
641	641	(b) At least 14 days before the date the commission posts
642	642	and publishes the preliminary plans under this section, the
643	643	commission shall notify the public through the website maintained
644	644	under Section 37 of this article, as well as through publication of
645	645	notice in newspapers of general circulation throughout this state,
646	646	of the pending publication of the plans.
647	647	Sec. 44. PUBLIC COMMENT AFTER PUBLICATION. The commission
648	648	shall accept and consider comments from the public, including
649	649	through the website maintained under Section 37 of this article,
650	650	with respect to the preliminary redistricting plan published under
651	651	Section 43 of this article, including proposed revisions to maps,
652	652	for at least 30 days after the date on which the plan is published.
653	653	Sec. 45. HEARINGS AFTER PUBLICATION. (a) After posting and
654	654	publishing the preliminary redistricting plans under Section 43 of
655	655	this article, the commission shall hold at least three public
656	656	hearings in different geographic areas of this state at which
657	657	members of the public may provide input and comments regarding each
658	658	preliminary plan.
659	659	(b) At least 14 days before the date of each hearing held
660	660	under this section, the commission shall post notices of the
661	661	hearing on the website maintained under Section 37 of this article
662	662	and shall provide for the publication of notices in newspapers of
663	663	general circulation throughout the state. Each notice must specify
664	664	the date, time, and location of the hearing.
665	665	Sec. 46. MULTIPLE PRELIMINARY PLANS. At the option of the
666	666	commission, after developing and publishing preliminary
667	667	redistricting plans under this part, the commission may develop and
668	668	publish subsequent preliminary redistricting plans. The process
669	669	for the development and publication of each subsequent plan must
670	670	meet the requirements of this part for the development and
671	671	publication of the first preliminary redistricting plan.
672	672	PART 4. PROCESS FOR ENACTMENT OF FINAL REDISTRICTING PLAN
673	673	Sec. 47. FINAL PLAN. After taking into consideration
674	674	comments from the public on any preliminary redistricting plan
675	675	developed and published under Part 3 of this subchapter, the
676	676	commission shall develop and publish final redistricting plans.
677	677	Sec. 48. MEETING; FINAL VOTE. Not later than the deadline
678	678	provided by Section 52 of this article, the commission shall hold a
679	679	public hearing at which the members of the commission shall vote on
680	680	approving each final redistricting plan for enactment into law.
681	681	Sec. 49. PUBLICATION OF PLAN AND MATERIALS. At least 14
682	682	days before the date of the meeting under Section 48 of this
683	683	article, the commission shall provide the following information to
684	684	the public through the website maintained under Section 37 of this
685	685	article, as well as through newspapers of general circulation
686	686	throughout the state:
687	687	(1) each final redistricting plan, including all
688	688	relevant maps;
689	689	(2) a report by the commission to accompany each plan
690	690	which provides the background for the plan and the commission's
691	691	reasons for selecting the plan as the final redistricting plan,
692	692	including responses to the public comments received on any
693	693	preliminary redistricting plan developed and published under Part 3
694	694	of this subchapter; and
695	695	(3) any dissenting or additional views with respect to
696	696	each plan by individual members of the commission.
697	697	Sec. 50. ENACTMENT. A final redistricting plan developed
698	698	and published under this part becomes law on the 45th day after:
699	699	(1) the final plan is approved by a majority of the
700	700	whole membership of the commission; and
701	701	(2) at least one commission member from each category
702	702	of the selection pool approves the final plan.
703	703	PART 5. WRITTEN EVALUATION OF PLAN AGAINST EXTERNAL METRICS
704	704	Sec. 51. WRITTEN EVALUATION. The commission shall include
705	705	with each redistricting plan developed and published under Sections
706	706	33 through 52 a written evaluation that measures each plan against
707	707	external metrics which cover the criteria provided by Section 33 of
708	708	this article, including the impact of the plan on the ability of
709	709	communities of color to elect candidates of choice, measures of
710	710	partisan fairness using multiple accepted methodologies, and the
711	711	degree to which the plan preserves or divides communities of
712	712	interest.
713	713	PART 6. TIMING
714	714	Sec. 52. PERIOD FOR DEVELOPMENT OF PLAN. The commission may
715	715	begin its work on a redistricting plan immediately on receipt of
716	716	relevant population information from the United States Census
717	717	Bureau. The commission shall approve each final redistricting plan
718	718	each year ending in the numeral one on or before the later of:
719	719	(1) eight months after the date on which this state
720	720	receives the state apportionment notice; or
721	721	(2) October 1.
722	722	SUBCHAPTER E. ESTABLISHMENT OF RELATED ENTITIES
723	723	PART 1. NONPARTISAN LEGISLATIVE AGENCY
724	724	Sec. 53. ESTABLISHMENT. The legislature by general law
725	725	shall establish a nonpartisan agency in the legislative branch of
726	726	state government to appoint the members of the commission as
727	727	provided by Subchapter B of this article.
728	728	Sec. 54. NONPARTISANSHIP. For purposes of this part, an
729	729	agency shall be considered to be nonpartisan if under law the
730	730	agency:
731	731	(1) is required to provide services on a nonpartisan
732	732	basis;
733	733	(2) is required to maintain impartiality; and
734	734	(3) is prohibited from advocating for the adoption or
735	735	rejection of any legislative proposal.
736	736	Sec. 55. TRAINING OF COMMISSION MEMBERS. Not later than
737	737	January 15 of a year ending in the numeral one, the nonpartisan
738	738	agency shall provide commission members with initial training on
739	739	their obligations, including obligations under the Voting Rights
740	740	Act of 1965 (52 U.S.C. Section 10301 et seq.) and other applicable
741	741	laws.
742	742	Sec. 56. RULES. The nonpartisan agency shall adopt and
743	743	publish rules, after notice and opportunity for comment,
744	744	establishing the procedures that the agency will follow in
745	745	fulfilling its duties under this article, including the procedures
746	746	to be used in vetting the qualifications and political affiliation
747	747	of applicants and in creating the selection pools, the randomized
748	748	process to be used in selecting the initial commission members, and
749	749	the rules the agency will apply to ensure that the agency carries
750	750	out its duties under this article in a maximally transparent,
751	751	publicly accessible, and impartial manner.
752	752	Sec. 57. DESIGNATION OF EXISTING AGENCY. The legislature
753	753	by general law may designate an existing agency in the legislative
754	754	branch of government to appoint the members of the commission under
755	755	this article if the agency meets the requirements for
756	756	nonpartisanship under this part.
757	757	Sec. 58. TERMINATION OF SPECIALLY ESTABLISHED AGENCY. If
758	758	the legislature does not designate an existing agency under Section
759	759	57 of this article but instead establishes a new agency to serve as
760	760	the nonpartisan agency under this subchapter, the new agency shall
761	761	terminate on the enactment into law of all redistricting plans.
762	762	Sec. 59. PRESERVATION OF RECORDS. The legislature shall
763	763	ensure that the records of the nonpartisan agency are retained in an
764	764	appropriate state archive in a manner that enables the state to
765	765	respond to any civil action brought with respect to congressional
766	766	redistricting in the state.
767	767	Sec. 60. DEADLINE. The legislature shall meet the
768	768	requirements of this part not later than October 15 of each year
769	769	ending in the numeral nine.
770	770	PART 2. SELECT COMMITTEE ON REDISTRICTING
771	771	Sec. 61. SELECT COMMITTEE. The legislature shall appoint a
772	772	select committee on redistricting to approve or disapprove a
773	773	selection pool under Subchapter C of this article.
774	774	Sec. 62. APPOINTMENT. The select committee consists of the
775	775	following four members:
776	776	(1) one member of the senate appointed by the most
777	777	senior member of the senate who belongs to the political party with
778	778	the most members in the senate;
779	779	(2) one member of the senate appointed by the most
780	780	senior member of the senate who belongs to the political party with
781	781	the second greatest number of members in the senate;
782	782	(3) one member of the house of representatives
783	783	appointed by the most senior member of the house who belongs to the
784	784	political party with the most members in the house; and
785	785	(4) one member of the house of representatives
786	786	appointed by the most senior member of the house who belongs to the
787	787	political party with the second greatest number of members in the
788	788	house.
789	789	Sec. 63. DEADLINE. The legislature shall meet the
790	790	requirements of this part not later than January 15 of each year
791	791	ending in the numeral zero.
792	792	SECTION 4. Section 28, Article III, Texas Constitution, is
793	793	repealed.
794	794	SECTION 5. The following temporary provision is added to
795	795	the Texas Constitution:
796	796	TEMPORARY PROVISION. (a) This temporary provision applies
797	797	to the constitutional amendment proposed by the 87th Legislature,
798	798	3rd Called Session, 2021, establishing an independent
799	799	redistricting commission to establish districts for the election of
800	800	the members of the United States House of Representatives elected
801	801	from this state, the Texas Senate, and the Texas House of
802	802	Representatives.
803	803	(b) On January 1, 2029:
804	804	(1) the amendments to Sections 7a(e) and (i), Article
805	805	V, of this constitution take effect;
806	806	(2) the repeal of Section 28, Article III, of this
807	807	constitution takes effect; and
808	808	(3) Section 28a, Article III, and Article XVIII of
809	809	this constitution take effect.
810	810	(c) This temporary provision expires January 1, 2030.
811	811	SECTION 6. This proposed constitutional amendment shall be
812	812	submitted to the voters at an election to be held November 8, 2022.
813	813	The ballot shall be printed to permit voting for or against the
814	814	proposition: "The constitutional amendment establishing an
815	815	independent redistricting commission to establish districts for
816	816	the election of the members of the United States House of
817	817	Representatives elected from this state, the Texas Senate, and the
818	818	Texas House of Representatives."