Texas 2023 - 88th Regular

Texas House Bill HB21 Compare Versions

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1	1	By: Talarico H.B. No. 21
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the Texas Independent Citizen Redistricting
7	7	Commission.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Title 5, Government Code, is
10	10	amended to read as follows:
11	11	TITLE 5. OPEN GOVERNMENT; ETHICS; REDISTRICTING
12	12	SECTION 2. Title 5, Government Code, is amended by adding
13	13	Subtitle C to read as follows:
14	14	SUBTITLE C. REDISTRICTING
15	15	CHAPTER 581. TEXAS INDEPENDENT CITIZEN REDISTRICTING COMMISSION
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 581.001. DEFINITIONS. In this chapter:
18	18	(1) "Census year" means a calendar year in which the
19	19	United States decennial census is taken.
20	20	(2) "Commission" means the Texas Independent Citizen
21	21	Redistricting Commission.
22	22	(3) "Immediate family member" means a person's spouse,
23	23	parent, child, sibling, in-law, or other individual with whom the
24	24	person has a bona fide family relationship established through
25	25	blood or legal relation.
26	26	(4) "Majority party" means, with respect to a
27	27	commission member, the political party with the most total votes
28	28	cast in the four statewide primary elections preceding the member's
29	29	appointment.
30	30	(5) "Minority party" means, with respect to a
31	31	commission member, the political party with the second highest
32	32	number of total votes cast in the four statewide primary elections
33	33	preceding the member's appointment.
34	34	(6) "Statewide primary election" means an election
35	35	held by a political party to select its nominee for governor or for
36	36	president of the United States. The term does not include a runoff
37	37	primary election.
38	38	Sec. 581.002. REDISTRICTING AUTHORITY. The Texas
39	39	Independent Citizen Redistricting Commission exercises the
40	40	legislative authority of this state to adopt redistricting plans
41	41	for the election of the members of the United States House of
42	42	Representatives elected from this state, the members of the Texas
43	43	Senate, the members from the Texas House of Representatives, and
44	44	the members of the State Board of Education. A plan for districts
45	45	may be established or modified only by the commission as provided by
46	46	this chapter.
47	47	SUBCHAPTER B. MEMBERSHIP; POWERS AND DUTIES
48	48	Sec. 581.051. COMMISSION. (a) Not later than December 31
49	49	of each census year, the members of the Texas Independent Citizen
50	50	Redistricting Commission shall be appointed and the commission
51	51	shall commence the redistricting process for the election of the
52	52	members of the United States House of Representatives elected from
53	53	this state, the members of the Texas Senate, the members from the
54	54	Texas House of Representatives, and the members of the State Board
55	55	of Education in connection with the census taken that year.
56	56	(b) The commission members shall:
57	57	(1) conduct an open and transparent process enabling
58	58	full public consideration of, and comment on, the drawing of
59	59	district lines;
60	60	(2) draw district lines according to the redistricting
61	61	criteria specified in this chapter; and
62	62	(3) conduct themselves with integrity and fairness.
63	63	(c) The selection process for commission members is
64	64	designed to produce a commission that is independent from
65	65	legislative influence and reasonably representative of this
66	66	state's diversity.
67	67	(d) The commission consists of 14 members as follows:
68	68	(1) five majority party members, each of whom:
69	69	(A) voted in at least two of the statewide
70	70	primary elections in the five years preceding the member's
71	71	appointment held by the majority party;
72	72	(B) did not vote in any of the four statewide
73	73	primary elections preceding the member's appointment held by a
74	74	political party other than the majority party; and
75	75	(C) voted in at least two of the three general
76	76	elections preceding the member's appointment in which the office of
77	77	governor or president of the United States appeared on the ballot;
78	78	(2) five minority party members who:
79	79	(A) voted in at least two of the statewide
80	80	primary elections in the five years preceding the member's
81	81	appointment held by the minority party;
82	82	(B) did not vote in any of the four statewide
83	83	primary elections preceding the member's appointment held by a
84	84	political party other than the minority party; and
85	85	(C) voted in at least two of the three general
86	86	elections preceding the member's appointment in which the office of
87	87	governor or president of the United States appeared on the ballot;
88	88	and
89	89	(3) four independent members who:
90	90	(A) did not vote in any statewide primary
91	91	elections in the five years preceding the member's appointment; and
92	92	(B) voted in at least two of the three general
93	93	elections preceding the member's appointment in which the office of
94	94	governor or president of the United States appeared on the ballot.
95	95	Sec. 581.052. TERM OF OFFICE. The term of office of each
96	96	commission member expires at the time the first commission member
97	97	is appointed in the next census year.
98	98	Sec. 581.053. QUORUM AND VOTING. Nine commission members
99	99	constitute a quorum. The affirmative vote of at least nine
100	100	commission members is required for any official commission action.
101	101	Each final redistricting map must be approved by the affirmative
102	102	vote of at least nine commission members, including at least three
103	103	majority party members, at least three minority party members, and
104	104	at least three independent members, as provided by Section
105	105	581.051(d).
106	106	Sec. 581.054. PROHIBITED ACTIVITIES. A commission member
107	107	is ineligible for a period of 10 years beginning on the date of
108	108	appointment to hold a federal, state, or county office elected from
109	109	this state. A commission member is ineligible for a period of five
110	110	years beginning on the date of appointment to:
111	111	(1) hold an appointed federal office representing this
112	112	state;
113	113	(2) hold an appointed state or local office in this
114	114	state;
115	115	(3) serve as a paid employee of or as a paid consultant
116	116	to:
117	117	(A) a member of the United States Congress
118	118	elected from this state;
119	119	(B) the legislature; or
120	120	(C) a member of the legislature; or
121	121	(4) register as a lobbyist in this state.
122	122	Sec. 581.055. APPLICATIONS. (a) Not later than January 1
123	123	of each census year, the state auditor shall initiate an
124	124	application process for commission members.
125	125	(b) The process must be open to all registered voters of
126	126	this state and promote a diverse and qualified applicant pool.
127	127	Sec. 581.056. APPLICANT REVIEW PANEL. (a) The state
128	128	auditor shall establish an applicant review panel consisting of
129	129	three interested citizens to screen applicants. The state auditor
130	130	shall randomly draw the names of three interested citizens from a
131	131	pool consisting of all citizens who have applied under procedures
132	132	established by the state auditor to serve on the applicant review
133	133	panel. The state auditor shall draw until the names of three
134	134	interested citizens have been drawn, including:
135	135	(1) one who would qualify as a majority party member of
136	136	the commission under Section 581.051(d)(1);
137	137	(2) one who would qualify as a minority party member of
138	138	the commission under Section 581.051(d)(2); and
139	139	(3) one who would qualify as an independent member of
140	140	the commission under Section 581.051(d)(3).
141	141	(b) After the drawing under Subsection (a), the state
142	142	auditor shall notify the three citizens whose names have been drawn
143	143	that they have been selected to serve on the panel. If any of the
144	144	three citizens decline to serve on the panel, the state auditor
145	145	shall resume the random drawing until three citizens who meet the
146	146	requirements of Subsection (a) have agreed to serve on the panel.
147	147	(c) An individual may not serve on the panel if the
148	148	individual has a conflict of interest described by Section 581.057.
149	149	Sec. 581.057. CONFLICTS OF INTEREST. (a) The state auditor
150	150	shall remove an applicant with a conflict of interest from the
151	151	applicant pool, including an applicant:
152	152	(1) who at any point during the 10 years preceding the
153	153	application date:
154	154	(A) was appointed or elected to, or was a
155	155	candidate for, federal or state office;
156	156	(B) served as an officer, employee, or paid
157	157	consultant of a political party or of the campaign committee of a
158	158	candidate for elective federal or state office;
159	159	(C) served as an elected or appointed member of a
160	160	political party's executive committee;
161	161	(D) was a registered lobbyist;
162	162	(E) served as a paid staff member for the United
163	163	States Congress; or
164	164	(F) contributed at least $2,000 or the amount
165	165	provided by Subsection (b) to any congressional or state candidate
166	166	for elective public office in any year;
167	167	(2) with an immediate family member who would be
168	168	disqualified as an applicant under Subdivision (1); or
169	169	(3) who is an employee of, a consultant to, party to a
170	170	contract with, or an immediate family member of the governor, a
171	171	member of the legislature, or a member of the United States
172	172	Congress.
173	173	(b) On January 1 of each year ending in the numeral 9, the
174	174	contribution amount prescribed by Subsection (a)(1)(F) is
175	175	increased or decreased by an amount equal to the amount prescribed
176	176	by that paragraph on December 31 of the preceding year multiplied by
177	177	the percentage increase or decrease during the preceding decade in
178	178	the Consumer Price Index for All Urban Consumers (CPI-U), U.S. City
179	179	Average, as published by the United States Bureau of Labor
180	180	Statistics or its successor in function.
181	181	Sec. 501.058. SELECTION OF APPLICANT SUBPOOLS. (a) After
182	182	removing individuals with conflicts of interest from the applicant
183	183	pool under Section 581.057, the state auditor shall, not later than
184	184	August 1 of each census year, publicize the names of individuals in
185	185	the applicant pool.
186	186	(b) From the applicant pool described by Subsection (a), the
187	187	applicant review panel shall select:
188	188	(1) a majority subpool consisting of 20 of the most
189	189	qualified applicants who would qualify as majority party members
190	190	under Section 581.051(d)(1);
191	191	(2) a minority subpool consisting of 20 of the most
192	192	qualified applicants who would qualify as minority party members
193	193	under Section 581.051(d)(2); and
194	194	(3) an independent subpool consisting of 20 of the
195	195	most qualified applicants who would qualify as independent members
196	196	under Section 581.051(d)(3).
197	197	(c) The applicant review panel shall select the members of
198	198	the applicant subpools based on relevant analytical skills, ability
199	199	to be impartial, and appreciation for this state's diverse
200	200	demographics and geography.
201	201	(d) Not later than October 1 of each census year, the
202	202	applicant review panel shall present the members of the applicant
203	203	subpools to the caucus leaders of the majority party and minority
204	204	party of each house of the legislature as described by Section
205	205	581.059.
206	206	(e) Before presenting the applicant subpools as provided by
207	207	Subsection (d), a member of the applicant review panel may not
208	208	communicate with:
209	209	(1) a member, or a representative of a member, of the
210	210	United States Congress, the Texas Legislature, or the State Board
211	211	of Education about any matter related to the selection process; or
212	212	(2) a member of the applicant pool.
213	213	Sec. 581.059. STRIKES BY CAUCUS LEADERS. (a) Not later
214	214	than November 15 of each census year, the caucus leaders of the
215	215	majority party and minority party of each house of the legislature
216	216	may each strike up to two applicants from each applicant subpool
217	217	under Section 581.058(b), for a total of eight possible strikes per
218	218	applicant subpool.
219	219	(b) After all strikes have been made as provided by
220	220	Subsection (a), the caucus leaders shall present the remaining
221	221	members of each applicant subpool to the state auditor.
222	222	Sec. 581.060. DRAWING TO SELECT FIRST EIGHT COMMISSION
223	223	MEMBERS. Not later than November 20 of each census year, the state
224	224	auditor shall select the first eight members of the commission by
225	225	randomly drawing:
226	226	(1) three applicants from the majority subpool who
227	227	were not struck under Section 581.059;
228	228	(2) three applicants from the minority subpool who
229	229	were not struck under Section 581.059; and
230	230	(3) two applicants from the independent subpool who
231	231	were not struck under Section 581.059.
232	232	Sec. 581.061. APPOINTMENT OF SECOND SIX COMMISSION MEMBERS.
233	233	(a) Not later than December 31 of each census year, the eight
234	234	commission members selected under Section 581.060 shall review the
235	235	remaining names in each applicant subpool and appoint to the
236	236	commission:
237	237	(1) two remaining applicants from the majority subpool
238	238	who were not struck under Section 581.059;
239	239	(2) two remaining applicants from the minority subpool
240	240	who were not struck under Section 581.059; and
241	241	(3) two remaining applicants from the independent
242	242	subpool who were not struck under Section 581.059.
243	243	(b) An appointment under Subsection (a) must be approved by
244	244	at least five affirmative votes of commission members selected
245	245	under Section 581.060, including at least two votes of commission
246	246	members drawn from the majority subpool, at least two votes of
247	247	commission members drawn from the minority subpool, and at least
248	248	one vote of a commission member drawn from the independent subpool.
249	249	(c) In making appointments under Subsection (a), the
250	250	commission members shall ensure that the commission reflects this
251	251	state's diversity, including racial, ethnic, geographic, and
252	252	gender diversity. However, the legislature does not intend that
253	253	formulas or specific ratios be applied for this purpose.
254	254	(d) Appointments under Subsection (a) shall also be made
255	255	based on relevant analytical skills and the ability to be
256	256	impartial.
257	257	SUBCHAPTER C. ORGANIZATION OF COMMISSION
258	258	Sec. 581.101. OFFICERS. The commission shall select by a
259	259	vote of at least two-thirds of its members one member as chair and
260	260	one member as vice chair. The chair and vice chair may not both be
261	261	majority party members, minority party members, or independent
262	262	members as described by Section 581.051(d).
263	263	Sec. 581.102. REMOVAL OF COMMISSION MEMBER. (a) After
264	264	having been served written notice and provided with an opportunity
265	265	for a response, a commission member may be removed by the governor
266	266	with the concurrence of two-thirds of the members of the senate for
267	267	substantial neglect of duty, gross misconduct in office, or
268	268	inability to discharge the duties of office.
269	269	(b) A commission member removed for substantial neglect of
270	270	duty or gross misconduct in office may be referred to the attorney
271	271	general for criminal investigation or to an appropriate
272	272	administrative agency for investigation.
273	273	Sec. 581.103. VACANCY. (a) A vacancy on the commission
274	274	shall be filled, not later than the 30th day after the date the
275	275	vacancy occurs, by appointment by the commission of a remaining
276	276	applicant who was not struck under Section 581.059 from the same
277	277	applicant subpool as the vacating member.
278	278	(b) If a vacancy on the commission occurs and no applicant
279	279	from the same applicant subpool as the vacating member is available
280	280	for appointment to the commission, the state auditor and an
281	281	applicant review panel shall solicit and select an appropriate
282	282	number of new applicants for the applicable subpool using, to the
283	283	extent practicable, the procedures provided by Sections 581.055,
284	284	581.056, 581.057, and 581.058(a)-(c) but disregarding the
285	285	deadlines provided by those sections. The commission shall fill
286	286	the vacancy as soon as practicable by appointment of one of the new
287	287	applicants described by this subsection.
288	288	Sec. 581.104. BUDGET. The legislature may appropriate to
289	289	the state auditor, the secretary of state, and the commission
290	290	amounts sufficient to implement the redistricting process required
291	291	by this chapter.
292	292	SUBCHAPTER D. COMMISSION POWERS AND DUTIES
293	293	Sec. 581.151. REDISTRICTING PLAN; STANDARDS. (a) The
294	294	commission shall establish districts described by Section 581.002
295	295	through a mapping process using the following criteria in the
296	296	following order of priority:
297	297	(1) districts must comply with the United States
298	298	Constitution;
299	299	(2) districts must achieve population equality as
300	300	nearly as is practicable;
301	301	(3) districts must comply with the federal Voting
302	302	Rights Act of 1965 (52 U.S.C. Section 10101 et seq.);
303	303	(4) districts must be geographically contiguous;
304	304	(5) the geographic integrity of each municipality,
305	305	county, local neighborhood, and local community of interest must be
306	306	respected in a manner that minimizes its division to the extent
307	307	possible without violating the requirements of any of the preceding
308	308	subdivisions; and
309	309	(6) to the extent practicable and to the extent that
310	310	compliance with this subdivision does not preclude compliance with
311	311	any of the preceding subdivisions, districts must be drawn to
312	312	encourage geographical compactness so that nearby areas of
313	313	population are not bypassed for more distant areas of population.
314	314	(b) For purposes of Subsection (a)(5), a community of
315	315	interest is a contiguous population that shares common social and
316	316	economic interests that should be included within a single district
317	317	for purposes of that population's effective and fair
318	318	representation. Communities of interest may not be determined based
319	319	on relationships with political parties, incumbents, or political
320	320	candidates.
321	321	(c) The place of residence of any incumbent or political
322	322	candidate may not be considered in the creation of a map. Districts
323	323	may not be drawn for the purpose of favoring or discriminating
324	324	against an incumbent, political candidate, or political party.
325	325	(d) Commissioners must start from scratch and not redraw
326	326	based on the existing district lines.
327	327	(e) Not later than September 15 of each year following a
328	328	census year, the commission shall approve a final map that sets
329	329	forth the boundary lines of the districts for the election of the
330	330	members of the United States House of Representatives elected from
331	331	this state, the Texas Legislature, and the State Board of
332	332	Education. On approval, the commission shall certify each final map
333	333	to the secretary of state.
334	334	(f) The commission shall issue, with the final map, a report
335	335	that explains the basis on which the commission made its decisions
336	336	in achieving compliance with the criteria listed in Subsection (a)
337	337	and shall include definitions of the terms and standards used in
338	338	drawing the final map.
339	339	(g) If the commission fails to approve a final map with the
340	340	vote and by the date required by this section, the secretary of
341	341	state shall immediately petition the Texas Supreme Court for an
342	342	order directing the appointment of special masters to adjust the
343	343	boundary lines of the districts required to be included in that map
344	344	in accordance with the redistricting criteria and requirements
345	345	provided by Subsections (a), (b), and (c). On approval of the
346	346	special masters' map, the Texas Supreme Court shall certify the map
347	347	to the secretary of state and the map constitutes the certified
348	348	final map for the districts included in the map.
349	349	(h) The boundary lines of the districts contained in a
350	350	certified final map apply beginning with the next statewide general
351	351	election and any corresponding primary elections.
352	352	Sec. 581.152. OPEN MEETINGS. (a) The commission is a
353	353	governmental body for purposes of Chapter 551.
354	354	(b) Notwithstanding Chapter 551, the secretary of state
355	355	must post notice on the secretary of state's Internet website of a
356	356	meeting of the commission for at least:
357	357	(1) 14 days before the date of a meeting, other than a
358	358	meeting described by Subdivision (2); or
359	359	(2) three days before the date of a meeting held in
360	360	September of a year following a census year.
361	361	(c) Except in a closed meeting authorized by Subchapter D,
362	362	Chapter 551, a member or employee of the commission may not
363	363	communicate with or knowingly receive communications about a
364	364	redistricting matter from anyone outside of an open meeting.
365	365	Sec. 581.153. PUBLIC INFORMATION. (a) The commission is a
366	366	governmental body for purposes of Chapter 552.
367	367	(b) The commission shall post information relating to
368	368	redistricting and all data considered by the commission in a manner
369	369	that ensures immediate and widespread public access.
370	370	Sec. 581.154. EMPLOYEES AND CONTRACTORS. (a) The
371	371	commission may hire employees and hire or contract with legal
372	372	counsel and consultants as needed in the manner provided by this
373	373	section.
374	374	(b) The commission must make hiring, removal, or
375	375	contracting decisions for employees, legal counsel, and
376	376	consultants by the affirmative vote of at least nine members,
377	377	including at least three majority party members, at least three
378	378	minority party members, and at least three independent members as
379	379	described by Section 581.051(d).
380	380	(c) The commission shall ensure that at least one of the
381	381	legal counsel hired by the commission has demonstrated extensive
382	382	experience and expertise in implementing and enforcing the federal
383	383	Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).
384	384	(d) The commission shall establish for individuals
385	385	described by Subsection (a):
386	386	(1) clear criteria for hiring and removal;
387	387	(2) communication protocols; and
388	388	(3) a code of conduct.
389	389	(e) To the extent practicable, the commission shall avoid
390	390	selecting employees, legal counsel, or consultants who would be
391	391	disqualified from commission membership because of a conflict of
392	392	interest described by Section 581.057(a).
393	393	Sec. 581.155. PUBLIC OUTREACH. (a) The commission shall
394	394	establish and implement an open hearing process for public input
395	395	and deliberation that is subject to public notice and promoted
396	396	through a thorough outreach program to solicit broad public
397	397	participation in the redistricting public review process.
398	398	(b) The hearing process must include hearings to receive
399	399	public input before the commission draws any maps and hearings
400	400	following the drawing and display of any commission maps. In
401	401	addition, the commission shall supplement hearings with other
402	402	appropriate activities to further increase opportunities for the
403	403	public to observe and participate in the review process.
404	404	(c) The commission shall hold a public hearing in each
405	405	proposed congressional district and display maps for public comment
406	406	in a manner designed to achieve the widest public access reasonably
407	407	possible.
408	408	(d) The commission shall publicly display a preliminary map
409	409	for all districts and shall accept public comment for at least 14
410	410	days after the date the preliminary map is first publicly
411	411	displayed. The commission may not display any other maps for public
412	412	comment during that 14-day period.
413	413	(e) The commission shall review all public comment and other
414	414	testimony received at each hearing and make any necessary revisions
415	415	before approving a final map.
416	416	(f) A hearing conducted under this section must be recorded
417	417	on videotape or a functionally similar and widely available medium
418	418	and made publicly available with accessible audio and video
419	419	accommodations on the legislature's Internet website not later than
420	420	48 hours after the hearing.
421	421	Sec. 581.156. LEGAL CHALLENGE. (a) The commission has sole
422	422	standing to defend a legal challenge to a final map certified under
423	423	Section 581.151 before a court other than the Texas Supreme Court or
424	424	a court of appeals. The legislature may provide adequate funding
425	425	and other resources to the commission to defend a certified final
426	426	map. The attorney general shall, at the commission's request,
427	427	represent the commission in defense of a certified final map. The
428	428	commission may, in its sole discretion, retain legal counsel other
429	429	than the attorney general to represent the commission in defense of
430	430	a certified final map before a court other than the supreme court or
431	431	a court of appeals.
432	432	(b) Any registered voter in this state may file a petition
433	433	for a writ of mandamus or writ of prohibition, not later than the
434	434	45th day after a final map is certified to the secretary of state,
435	435	to bar the secretary of state from implementing the map on the
436	436	grounds that the map violates the Texas Constitution, the United
437	437	States Constitution, or any federal or state statute.
438	438	(c) If the court determines that a final certified map
439	439	violates the Texas Constitution, the United States Constitution, or
440	440	any federal or state statute, the court shall fashion the relief
441	441	that the court deems appropriate, including the relief described by
442	442	Section 581.151(f).
443	443	SUBCHAPTER E. ADMINISTRATIVE SUPPORT AND OTHER RESOURCES
444	444	Sec. 581.201. ADMINISTRATIVE SUPPORT BY SECRETARY OF STATE.
445	445	Following the appointment of new commission members in each census
446	446	year, the secretary of state shall provide administrative support
447	447	to the commission until the commission's staff and office are fully
448	448	functional.
449	449	Sec. 581.202. PER DIEM AND EXPENSES. (a) A commission
450	450	member is entitled to a per diem of $300 or the amount provided by
451	451	Subsection (b) for each day the member is engaged in commission
452	452	business.
453	453	(b) On January 1 of each census year the per diem amount
454	454	prescribed by Subsection (a) is increased or decreased by an amount
455	455	equal to the amount prescribed by that subsection on December 31 of
456	456	the preceding year multiplied by the percentage increase or
457	457	decrease during the preceding decade in the Consumer Price Index
458	458	for All Urban Consumers (CPI-U), U.S. City Average, as published by
459	459	the United States Bureau of Labor Statistics or its successor in
460	460	function.
461	461	(c) A commission member is eligible for reimbursement of
462	462	expenses incurred in connection with the member's performance of
463	463	duties under this chapter.
464	464	(d) For purposes of calculating expense reimbursement, a
465	465	member's residence is considered to be the member's place of
466	466	employment.
467	467	SECTION 3. Section 2058.002(a), Government Code, is amended
468	468	to read as follows:
469	469	(a) The legislature, The Texas Independent Citizen
470	470	Redistricting Commissionor the Legislative Redistricting Board
471	471	underSection 28,Article III, [Section 28, of the] Texas
472	472	Constitution, may officially recognize or act on a federal
473	473	decennial census before September 1 of the year after the calendar
474	474	year during which the census was taken.
475	475	SECTION 4. This Act takes effect January 1, 2024.