88R2141 BEF-F
By: Howard H.B. No. 731
A BILL TO BE ENTITLED
AN ACT
relating to the reapportionment of state legislative,
congressional, and judicial districts and the functions and duties
of the independent redistricting commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 3, Government Code, is amended
by adding Chapter 307 to read as follows:
CHAPTER 307. INDEPENDENT REDISTRICTING COMMISSION
Sec. 307.001. DEFINITIONS. In this chapter:
(1) "Commission" means the independent redistricting
commission established under Article XVIII, Texas Constitution.
(2) "Redistricting plan" has the meaning assigned by
Section 1, Article XVIII, Texas Constitution.
Sec. 307.002. OATH. Before serving on the commission, each
person appointed shall take and subscribe to the constitutional
oath of office.
Sec. 307.003. ELIGIBILITY. The eligibility of a person to
serve on the commission is as prescribed by Article XVIII, Texas
Constitution.
Sec. 307.004. OPERATION OF COMMISSION. (a) The
legislature shall appropriate sufficient money for the
compensation and payment of the expenses of the commission members
and any staff employed by the commission.
(b) The commission shall be provided access to statistical
or other information compiled by the state or its political
subdivisions as necessary for the commission's duties.
(c) The Texas Legislative Council shall provide technical
staff and clerical services at the commission's request.
Sec. 307.005. DUTIES. The commission shall:
(1) adopt rules to carry out the constitutional duties
of the commission and to administer this chapter; and
(2) act as the legislature's recipient of the official
census and geographic data from the United States Census Bureau
pursuant to the federal decennial census.
Sec. 307.006. REDISTRICTING PLAN; FORM. The commission
shall include with each report under Section 49(2), Article XVIII,
Texas Constitution:
(1) for each district in the redistricting plan, the
total population and the percentage deviation from the average
district population;
(2) an explanation of the criteria used in developing
the redistricting plan with a justification of any population
deviation in a district from the average district population;
(3) a map or maps of all the districts; and
(4) the estimated cost to be incurred by the counties
for changes in county election precinct boundaries required to
conform to the districts adopted by the commission.
Sec. 307.007. REDISTRICTING PLAN STANDARDS. (a) A
redistricting plan adopted by the commission must conform to the
standards provided by Article XVIII, Texas Constitution.
(b) In developing a redistricting plan, the commission may
not consider:
(1) the potential effects of the districts on
incumbents or potential candidates for office;
(2) the residence of any elected official or potential
candidate for office;
(3) any information involving the past political
performance of a specific geographic area, except as necessary to
comply with federal law or Article XVIII, Texas Constitution; and
(4) data concerning party affiliation or voting
history, except as necessary to comply with federal law or Article
XVIII, Texas Constitution.
Sec. 307.008. DISCLOSURE OF DATA REQUIRED. The commission
shall make all redistricting plans submitted to the commission,
including the commission's preliminary redistricting plans,
hearing transcripts, minutes of meetings, maps, narrative
descriptions of proposed districts, and other data used by the
commission available to the public through the commission's
Internet website and other appropriate means.
Sec. 307.009. SUBMISSION OF PLAN. On adoption of a
preliminary or final redistricting plan by the commission, the
commission shall submit the redistricting plan to the governor, the
secretary of state, and the presiding officer of each house of the
legislature.
Sec. 307.010. OPERATIONS AFTER ADOPTION OF REDISTRICTING
PLANS. (a) Following the adoption of all redistricting plans that
the commission is required to adopt, the commission shall reduce or
suspend its staff, contractors, and operations to the extent
practicable.
(b) The commission shall prepare a financial statement
disclosing all expenditures made by the commission. The official
record of the commission must contain all relevant information
developed by the commission in carrying out its duties, including
maps, data, minutes of meetings, written communications, and other
information.
(c) The secretary of state shall preserve the commission's
records as provided by Section 16, Article XVIII, Texas
Constitution.
(d) Any unexpended money from an appropriation to the
commission reverts to the general revenue fund.
Sec. 307.011. CHALLENGES TO REDISTRICTING PLAN. After a
final redistricting plan is adopted by the commission, any person
aggrieved by the plan may file a petition with the supreme court
challenging the plan.
Sec. 307.012. CONVENING OF COMMISSION FOR REAPPORTIONMENT
OF JUDICIAL DISTRICTS. (a) If the Judicial Districts Board fails
to make a statewide reapportionment of judicial districts under
Subchapter F, Chapter 24, the commission shall convene on September
1 of the year provided by Section 7a(e), Article V, Texas
Constitution, to make the statewide reapportionment as required by
Section 24.946(a).
(b) The commission shall complete the reapportionment of
judicial districts as soon as possible within the time provided by
Section 7a(e), Article V, Texas Constitution.
(c) The commission's reapportionment of judicial districts
becomes effective as provided by Sections 24.948 and 24.949.
(d) Following the effective date of a reapportionment of
judicial districts, the commission shall reduce or suspend its
operations to the extent practicable.
SECTION 2. Section 42.032, Election Code, is amended to
read as follows:
Sec. 42.032. REDISTRICTING: BOUNDARY CHANGES. If changes in
county election precinct boundaries are necessary to give effect to
a redistricting plan under Article XVIII, [III, Section 28, of the]
Texas Constitution, each commissioners court shall order the
changes before October 1 of the year in which the redistricting is
done.
SECTION 3. Section 24.945(e), Government Code, is amended
to read as follows:
(e) The legislature, the Judicial Districts Board, or the
independent redistricting commission [Legislative Redistricting
Board] may not redistrict the judicial districts to provide for any
judicial district smaller in size than an entire county except as
provided by this subsection. Judicial districts smaller in size
than the entire county may be created subsequent to a general
election in which a majority of the persons voting on the
proposition adopt the proposition "to allow the division of
____________________ County into judicial districts composed of
parts of ____________________ County." A redistricting plan may
not be proposed or adopted by the legislature, the Judicial
Districts Board, or the independent redistricting commission
[Legislative Redistricting Board] in anticipation of a future
action by the voters of any county.
SECTION 4. Section 24.946(a), Government Code, is amended
to read as follows:
(a) The board shall meet in accordance with its own rules.
The board shall meet at least once in each interim between regular
sessions of the legislature and shall exercise its reapportionment
powers only in the interims between regular legislative sessions.
Meetings of the board shall be subject to the provisions of Chapter
551, except as otherwise provided by this subchapter. A
reapportionment may not be ordered in the interim immediately
following a regular session of the legislature in which a valid and
subsisting statewide reapportionment of judicial districts is
enacted by the legislature. Unless the legislature enacts a
statewide reapportionment of the judicial districts following each
federal decennial census, the board shall convene not later than
the first Monday of June of the third year following the year in
which the federal decennial census is taken to make a statewide
reapportionment of the districts. The board shall complete its
work on the reapportionment and file its order with the secretary of
state not later than August 31 of the same year. If the Judicial
Districts Board fails to make a statewide apportionment by that
date, the independent redistricting commission [Legislative
Redistricting Board] established under [by] Article XVIII, [III,
Section 28, of the] Texas Constitution, shall make a statewide
reapportionment of the judicial districts not later than the 90th
[150th] day after the final day for the Judicial Districts Board to
make the reapportionment, and that apportionment takes effect as
provided by Sections 24.948 and 24.949.
SECTION 5. Section 2058.002(a), Government Code, is amended
to read as follows:
(a) The legislature or the independent redistricting
commission established [Legislative Redistricting Board] under
Article XVIII, [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 6. This Act takes effect January 1, 2029, but only
if the constitutional amendment proposed by the 88th Legislature,
Regular Session, 2023, establishing an independent redistricting
commission to establish districts for the election of the members
of the United States House of Representatives elected from this
state, the Texas Senate, and the Texas House of Representatives is
approved by the voters. If that proposed constitutional amendment
is not approved by the voters, this Act has no effect.