By: Talarico H.B. No. 21
A BILL TO BE ENTITLED
AN ACT
relating to the Texas Independent Citizen Redistricting
Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Title 5, Government Code, is
amended to read as follows:
TITLE 5. OPEN GOVERNMENT; ETHICS; REDISTRICTING
SECTION 2. Title 5, Government Code, is amended by adding
Subtitle C to read as follows:
SUBTITLE C. REDISTRICTING
CHAPTER 581. TEXAS INDEPENDENT CITIZEN REDISTRICTING COMMISSION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 581.001. DEFINITIONS. In this chapter:
(1) "Census year" means a calendar year in which the
United States decennial census is taken.
(2) "Commission" means the Texas Independent Citizen
Redistricting Commission.
(3) "Immediate family member" means a person's spouse,
parent, child, sibling, in-law, or other individual with whom the
person has a bona fide family relationship established through
blood or legal relation.
(4) "Majority party" means, with respect to a
commission member, the political party with the most total votes
cast in the four statewide primary elections preceding the member's
appointment.
(5) "Minority party" means, with respect to a
commission member, the political party with the second highest
number of total votes cast in the four statewide primary elections
preceding the member's appointment.
(6) "Statewide primary election" means an election
held by a political party to select its nominee for governor or for
president of the United States. The term does not include a runoff
primary election.
Sec. 581.002. REDISTRICTING AUTHORITY. The Texas
Independent Citizen Redistricting Commission exercises the
legislative authority of this state to adopt redistricting plans
for the election of the members of the United States House of
Representatives elected from this state, the members of the Texas
Senate, the members from the Texas House of Representatives, and
the members of the State Board of Education. A plan for districts
may be established or modified only by the commission as provided by
this chapter.
SUBCHAPTER B. MEMBERSHIP; POWERS AND DUTIES
Sec. 581.051. COMMISSION. (a) Not later than December 31
of each census year, the members of the Texas Independent Citizen
Redistricting Commission shall be appointed and the commission
shall commence the redistricting process for the election of the
members of the United States House of Representatives elected from
this state, the members of the Texas Senate, the members from the
Texas House of Representatives, and the members of the State Board
of Education in connection with the census taken that year.
(b) The commission members shall:
(1) conduct an open and transparent process enabling
full public consideration of, and comment on, the drawing of
district lines;
(2) draw district lines according to the redistricting
criteria specified in this chapter; and
(3) conduct themselves with integrity and fairness.
(c) The selection process for commission members is
designed to produce a commission that is independent from
legislative influence and reasonably representative of this
state's diversity.
(d) The commission consists of 14 members as follows:
(1) five majority party members, each of whom:
(A) voted in at least two of the statewide
primary elections in the five years preceding the member's
appointment held by the majority party;
(B) did not vote in any of the four statewide
primary elections preceding the member's appointment held by a
political party other than the majority party; and
(C) voted in at least two of the three general
elections preceding the member's appointment in which the office of
governor or president of the United States appeared on the ballot;
(2) five minority party members who:
(A) voted in at least two of the statewide
primary elections in the five years preceding the member's
appointment held by the minority party;
(B) did not vote in any of the four statewide
primary elections preceding the member's appointment held by a
political party other than the minority party; and
(C) voted in at least two of the three general
elections preceding the member's appointment in which the office of
governor or president of the United States appeared on the ballot;
and
(3) four independent members who:
(A) did not vote in any statewide primary
elections in the five years preceding the member's appointment; and
(B) voted in at least two of the three general
elections preceding the member's appointment in which the office of
governor or president of the United States appeared on the ballot.
Sec. 581.052. TERM OF OFFICE. The term of office of each
commission member expires at the time the first commission member
is appointed in the next census year.
Sec. 581.053. QUORUM AND VOTING. Nine commission members
constitute a quorum. The affirmative vote of at least nine
commission members is required for any official commission action.
Each final redistricting map must be approved by the affirmative
vote of at least nine commission members, including at least three
majority party members, at least three minority party members, and
at least three independent members, as provided by Section
581.051(d).
Sec. 581.054. PROHIBITED ACTIVITIES. A commission member
is ineligible for a period of 10 years beginning on the date of
appointment to hold a federal, state, or county office elected from
this state. A commission member is ineligible for a period of five
years beginning on the date of appointment to:
(1) hold an appointed federal office representing this
state;
(2) hold an appointed state or local office in this
state;
(3) serve as a paid employee of or as a paid consultant
to:
(A) a member of the United States Congress
elected from this state;
(B) the legislature; or
(C) a member of the legislature; or
(4) register as a lobbyist in this state.
Sec. 581.055. APPLICATIONS. (a) Not later than January 1
of each census year, the state auditor shall initiate an
application process for commission members.
(b) The process must be open to all registered voters of
this state and promote a diverse and qualified applicant pool.
Sec. 581.056. APPLICANT REVIEW PANEL. (a) The state
auditor shall establish an applicant review panel consisting of
three interested citizens to screen applicants. The state auditor
shall randomly draw the names of three interested citizens from a
pool consisting of all citizens who have applied under procedures
established by the state auditor to serve on the applicant review
panel. The state auditor shall draw until the names of three
interested citizens have been drawn, including:
(1) one who would qualify as a majority party member of
the commission under Section 581.051(d)(1);
(2) one who would qualify as a minority party member of
the commission under Section 581.051(d)(2); and
(3) one who would qualify as an independent member of
the commission under Section 581.051(d)(3).
(b) After the drawing under Subsection (a), the state
auditor shall notify the three citizens whose names have been drawn
that they have been selected to serve on the panel. If any of the
three citizens decline to serve on the panel, the state auditor
shall resume the random drawing until three citizens who meet the
requirements of Subsection (a) have agreed to serve on the panel.
(c) An individual may not serve on the panel if the
individual has a conflict of interest described by Section 581.057.
Sec. 581.057. CONFLICTS OF INTEREST. (a) The state auditor
shall remove an applicant with a conflict of interest from the
applicant pool, including an applicant:
(1) who at any point during the 10 years preceding the
application date:
(A) was appointed or elected to, or was a
candidate for, federal or state office;
(B) served as an officer, employee, or paid
consultant of a political party or of the campaign committee of a
candidate for elective federal or state office;
(C) served as an elected or appointed member of a
political party's executive committee;
(D) was a registered lobbyist;
(E) served as a paid staff member for the United
States Congress; or
(F) contributed at least $2,000 or the amount
provided by Subsection (b) to any congressional or state candidate
for elective public office in any year;
(2) with an immediate family member who would be
disqualified as an applicant under Subdivision (1); or
(3) who is an employee of, a consultant to, party to a
contract with, or an immediate family member of the governor, a
member of the legislature, or a member of the United States
Congress.
(b) On January 1 of each year ending in the numeral 9, the
contribution amount prescribed by Subsection (a)(1)(F) is
increased or decreased by an amount equal to the amount prescribed
by that paragraph on December 31 of the preceding year multiplied by
the percentage increase or decrease during the preceding decade in
the Consumer Price Index for All Urban Consumers (CPI-U), U.S. City
Average, as published by the United States Bureau of Labor
Statistics or its successor in function.
Sec. 501.058. SELECTION OF APPLICANT SUBPOOLS. (a) After
removing individuals with conflicts of interest from the applicant
pool under Section 581.057, the state auditor shall, not later than
August 1 of each census year, publicize the names of individuals in
the applicant pool.
(b) From the applicant pool described by Subsection (a), the
applicant review panel shall select:
(1) a majority subpool consisting of 20 of the most
qualified applicants who would qualify as majority party members
under Section 581.051(d)(1);
(2) a minority subpool consisting of 20 of the most
qualified applicants who would qualify as minority party members
under Section 581.051(d)(2); and
(3) an independent subpool consisting of 20 of the
most qualified applicants who would qualify as independent members
under Section 581.051(d)(3).
(c) The applicant review panel shall select the members of
the applicant subpools based on relevant analytical skills, ability
to be impartial, and appreciation for this state's diverse
demographics and geography.
(d) Not later than October 1 of each census year, the
applicant review panel shall present the members of the applicant
subpools to the caucus leaders of the majority party and minority
party of each house of the legislature as described by Section
581.059.
(e) Before presenting the applicant subpools as provided by
Subsection (d), a member of the applicant review panel may not
communicate with:
(1) a member, or a representative of a member, of the
United States Congress, the Texas Legislature, or the State Board
of Education about any matter related to the selection process; or
(2) a member of the applicant pool.
Sec. 581.059. STRIKES BY CAUCUS LEADERS. (a) Not later
than November 15 of each census year, the caucus leaders of the
majority party and minority party of each house of the legislature
may each strike up to two applicants from each applicant subpool
under Section 581.058(b), for a total of eight possible strikes per
applicant subpool.
(b) After all strikes have been made as provided by
Subsection (a), the caucus leaders shall present the remaining
members of each applicant subpool to the state auditor.
Sec. 581.060. DRAWING TO SELECT FIRST EIGHT COMMISSION
MEMBERS. Not later than November 20 of each census year, the state
auditor shall select the first eight members of the commission by
randomly drawing:
(1) three applicants from the majority subpool who
were not struck under Section 581.059;
(2) three applicants from the minority subpool who
were not struck under Section 581.059; and
(3) two applicants from the independent subpool who
were not struck under Section 581.059.
Sec. 581.061. APPOINTMENT OF SECOND SIX COMMISSION MEMBERS.
(a) Not later than December 31 of each census year, the eight
commission members selected under Section 581.060 shall review the
remaining names in each applicant subpool and appoint to the
commission:
(1) two remaining applicants from the majority subpool
who were not struck under Section 581.059;
(2) two remaining applicants from the minority subpool
who were not struck under Section 581.059; and
(3) two remaining applicants from the independent
subpool who were not struck under Section 581.059.
(b) An appointment under Subsection (a) must be approved by
at least five affirmative votes of commission members selected
under Section 581.060, including at least two votes of commission
members drawn from the majority subpool, at least two votes of
commission members drawn from the minority subpool, and at least
one vote of a commission member drawn from the independent subpool.
(c) In making appointments under Subsection (a), the
commission members shall ensure that the commission reflects this
state's diversity, including racial, ethnic, geographic, and
gender diversity. However, the legislature does not intend that
formulas or specific ratios be applied for this purpose.
(d) Appointments under Subsection (a) shall also be made
based on relevant analytical skills and the ability to be
impartial.
SUBCHAPTER C. ORGANIZATION OF COMMISSION
Sec. 581.101. OFFICERS. The commission shall select by a
vote of at least two-thirds of its members one member as chair and
one member as vice chair. The chair and vice chair may not both be
majority party members, minority party members, or independent
members as described by Section 581.051(d).
Sec. 581.102. REMOVAL OF COMMISSION MEMBER. (a) After
having been served written notice and provided with an opportunity
for a response, a commission member may be removed by the governor
with the concurrence of two-thirds of the members of the senate for
substantial neglect of duty, gross misconduct in office, or
inability to discharge the duties of office.
(b) A commission member removed for substantial neglect of
duty or gross misconduct in office may be referred to the attorney
general for criminal investigation or to an appropriate
administrative agency for investigation.
Sec. 581.103. VACANCY. (a) A vacancy on the commission
shall be filled, not later than the 30th day after the date the
vacancy occurs, by appointment by the commission of a remaining
applicant who was not struck under Section 581.059 from the same
applicant subpool as the vacating member.
(b) If a vacancy on the commission occurs and no applicant
from the same applicant subpool as the vacating member is available
for appointment to the commission, the state auditor and an
applicant review panel shall solicit and select an appropriate
number of new applicants for the applicable subpool using, to the
extent practicable, the procedures provided by Sections 581.055,
581.056, 581.057, and 581.058(a)-(c) but disregarding the
deadlines provided by those sections. The commission shall fill
the vacancy as soon as practicable by appointment of one of the new
applicants described by this subsection.
Sec. 581.104. BUDGET. The legislature may appropriate to
the state auditor, the secretary of state, and the commission
amounts sufficient to implement the redistricting process required
by this chapter.
SUBCHAPTER D. COMMISSION POWERS AND DUTIES
Sec. 581.151. REDISTRICTING PLAN; STANDARDS. (a) The
commission shall establish districts described by Section 581.002
through a mapping process using the following criteria in the
following order of priority:
(1) districts must comply with the United States
Constitution;
(2) districts must achieve population equality as
nearly as is practicable;
(3) districts must comply with the federal Voting
Rights Act of 1965 (52 U.S.C. Section 10101 et seq.);
(4) districts must be geographically contiguous;
(5) the geographic integrity of each municipality,
county, local neighborhood, and local community of interest must be
respected in a manner that minimizes its division to the extent
possible without violating the requirements of any of the preceding
subdivisions; and
(6) to the extent practicable and to the extent that
compliance with this subdivision does not preclude compliance with
any of the preceding subdivisions, districts must be drawn to
encourage geographical compactness so that nearby areas of
population are not bypassed for more distant areas of population.
(b) For purposes of Subsection (a)(5), a community of
interest is a contiguous population that shares common social and
economic interests that should be included within a single district
for purposes of that population's effective and fair
representation. Communities of interest may not be determined based
on relationships with political parties, incumbents, or political
candidates.
(c) The place of residence of any incumbent or political
candidate may not be considered in the creation of a map. Districts
may not be drawn for the purpose of favoring or discriminating
against an incumbent, political candidate, or political party.
(d) Commissioners must start from scratch and not redraw
based on the existing district lines.
(e) Not later than September 15 of each year following a
census year, the commission shall approve a final map that sets
forth the boundary lines of the districts for the election of the
members of the United States House of Representatives elected from
this state, the Texas Legislature, and the State Board of
Education. On approval, the commission shall certify each final map
to the secretary of state.
(f) The commission shall issue, with the final map, a report
that explains the basis on which the commission made its decisions
in achieving compliance with the criteria listed in Subsection (a)
and shall include definitions of the terms and standards used in
drawing the final map.
(g) If the commission fails to approve a final map with the
vote and by the date required by this section, the secretary of
state shall immediately petition the Texas Supreme Court for an
order directing the appointment of special masters to adjust the
boundary lines of the districts required to be included in that map
in accordance with the redistricting criteria and requirements
provided by Subsections (a), (b), and (c). On approval of the
special masters' map, the Texas Supreme Court shall certify the map
to the secretary of state and the map constitutes the certified
final map for the districts included in the map.
(h) The boundary lines of the districts contained in a
certified final map apply beginning with the next statewide general
election and any corresponding primary elections.
Sec. 581.152. OPEN MEETINGS. (a) The commission is a
governmental body for purposes of Chapter 551.
(b) Notwithstanding Chapter 551, the secretary of state
must post notice on the secretary of state's Internet website of a
meeting of the commission for at least:
(1) 14 days before the date of a meeting, other than a
meeting described by Subdivision (2); or
(2) three days before the date of a meeting held in
September of a year following a census year.
(c) Except in a closed meeting authorized by Subchapter D,
Chapter 551, a member or employee of the commission may not
communicate with or knowingly receive communications about a
redistricting matter from anyone outside of an open meeting.
Sec. 581.153. PUBLIC INFORMATION. (a) The commission is a
governmental body for purposes of Chapter 552.
(b) The commission shall post information relating to
redistricting and all data considered by the commission in a manner
that ensures immediate and widespread public access.
Sec. 581.154. EMPLOYEES AND CONTRACTORS. (a) The
commission may hire employees and hire or contract with legal
counsel and consultants as needed in the manner provided by this
section.
(b) The commission must make hiring, removal, or
contracting decisions for employees, legal counsel, and
consultants by the affirmative vote of at least nine members,
including at least three majority party members, at least three
minority party members, and at least three independent members as
described by Section 581.051(d).
(c) The commission shall ensure that at least one of the
legal counsel hired by the commission has demonstrated extensive
experience and expertise in implementing and enforcing the federal
Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).
(d) The commission shall establish for individuals
described by Subsection (a):
(1) clear criteria for hiring and removal;
(2) communication protocols; and
(3) a code of conduct.
(e) To the extent practicable, the commission shall avoid
selecting employees, legal counsel, or consultants who would be
disqualified from commission membership because of a conflict of
interest described by Section 581.057(a).
Sec. 581.155. PUBLIC OUTREACH. (a) The commission shall
establish and implement an open hearing process for public input
and deliberation that is subject to public notice and promoted
through a thorough outreach program to solicit broad public
participation in the redistricting public review process.
(b) The hearing process must include hearings to receive
public input before the commission draws any maps and hearings
following the drawing and display of any commission maps. In
addition, the commission shall supplement hearings with other
appropriate activities to further increase opportunities for the
public to observe and participate in the review process.
(c) The commission shall hold a public hearing in each
proposed congressional district and display maps for public comment
in a manner designed to achieve the widest public access reasonably
possible.
(d) The commission shall publicly display a preliminary map
for all districts and shall accept public comment for at least 14
days after the date the preliminary map is first publicly
displayed. The commission may not display any other maps for public
comment during that 14-day period.
(e) The commission shall review all public comment and other
testimony received at each hearing and make any necessary revisions
before approving a final map.
(f) A hearing conducted under this section must be recorded
on videotape or a functionally similar and widely available medium
and made publicly available with accessible audio and video
accommodations on the legislature's Internet website not later than
48 hours after the hearing.
Sec. 581.156. LEGAL CHALLENGE. (a) The commission has sole
standing to defend a legal challenge to a final map certified under
Section 581.151 before a court other than the Texas Supreme Court or
a court of appeals. The legislature may provide adequate funding
and other resources to the commission to defend a certified final
map. The attorney general shall, at the commission's request,
represent the commission in defense of a certified final map. The
commission may, in its sole discretion, retain legal counsel other
than the attorney general to represent the commission in defense of
a certified final map before a court other than the supreme court or
a court of appeals.
(b) Any registered voter in this state may file a petition
for a writ of mandamus or writ of prohibition, not later than the
45th day after a final map is certified to the secretary of state,
to bar the secretary of state from implementing the map on the
grounds that the map violates the Texas Constitution, the United
States Constitution, or any federal or state statute.
(c) If the court determines that a final certified map
violates the Texas Constitution, the United States Constitution, or
any federal or state statute, the court shall fashion the relief
that the court deems appropriate, including the relief described by
Section 581.151(f).
SUBCHAPTER E. ADMINISTRATIVE SUPPORT AND OTHER RESOURCES
Sec. 581.201. ADMINISTRATIVE SUPPORT BY SECRETARY OF STATE.
Following the appointment of new commission members in each census
year, the secretary of state shall provide administrative support
to the commission until the commission's staff and office are fully
functional.
Sec. 581.202. PER DIEM AND EXPENSES. (a) A commission
member is entitled to a per diem of $300 or the amount provided by
Subsection (b) for each day the member is engaged in commission
business.
(b) On January 1 of each census year the per diem amount
prescribed by Subsection (a) is increased or decreased by an amount
equal to the amount prescribed by that subsection on December 31 of
the preceding year multiplied by the percentage increase or
decrease during the preceding decade in the Consumer Price Index
for All Urban Consumers (CPI-U), U.S. City Average, as published by
the United States Bureau of Labor Statistics or its successor in
function.
(c) A commission member is eligible for reimbursement of
expenses incurred in connection with the member's performance of
duties under this chapter.
(d) For purposes of calculating expense reimbursement, a
member's residence is considered to be the member's place of
employment.
SECTION 3. Section 2058.002(a), Government Code, is amended
to read as follows:
(a) The legislature, The Texas Independent Citizen
Redistricting Commissionor the Legislative Redistricting Board
underSection 28,Article III, [Section 28, of the] Texas
Constitution, may officially recognize or act on a federal
decennial census before September 1 of the year after the calendar
year during which the census was taken.
SECTION 4. This Act takes effect January 1, 2024.