Texas 2023 - 88th Regular

Texas House Bill HJR4 Compare Versions

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1	1	By: Talarico H.J.R. No. 4
2	2
3	3
4	4	A JOINT RESOLUTION
5	5	proposing a constitutional amendment establishing the Texas
6	6	Independent Citizen Redistricting Commission to redistrict the
7	7	Texas Legislature, Texas congressional districts, and State Board
8	8	of Education districts and revising procedures for redistricting.
9	9	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article III, Texas Constitution, is amended by
11	11	adding Sections 28a, 28b, and 28c to read as follows:
12	12	Sec. 28a. (a) In the year following a year in which the
13	13	United States decennial census is taken, the Texas Independent
14	14	Citizen Redistricting Commission described by Section 28b of this
15	15	article shall adjust the boundary lines of the districts for the
16	16	election of the members of the United States House of
17	17	Representatives elected from this state, the members of the Texas
18	18	Senate, the members of the Texas House of Representatives, and the
19	19	members of the State Board of Education in accordance with the
20	20	standards and process provided by Section 28b of this article.
21	21	(b) Districts described by Subsection (a) of this section
22	22	must be single-member districts, each entitled to elect one member
23	23	of the United States House of Representatives, the Texas Senate,
24	24	the Texas House of Representatives, or the State Board of
25	25	Education, as applicable.
26	26	Sec. 28b. (a) In this section:
27	27	(1) "Census year" means a calendar year in which the
28	28	United States decennial census is taken.
29	29	(2) "Commission" means the Texas Independent Citizen
30	30	Redistricting Commission.
31	31	(3) "Majority party" means, with respect to a
32	32	commission member, the political party with the most total votes
33	33	cast in the four statewide primary elections preceding the member's
34	34	appointment.
35	35	(4) "Minority party" means, with respect to a
36	36	commission member, the political party with the second highest
37	37	number of total votes cast in the four statewide primary elections
38	38	preceding the member's appointment.
39	39	(5) "Statewide primary election" means an election
40	40	held by a political party to select its nominee for governor or for
41	41	President of the United States. The term does not include a runoff
42	42	primary election.
43	43	(b) Not later than December 31 of each census year, the
44	44	members of the Texas Independent Citizen Redistricting Commission
45	45	shall be appointed and the commission shall commence the
46	46	redistricting process for the districts described by Section 28a(a)
47	47	of this article in connection with the census taken that year.
48	48	(c) The commission members shall:
49	49	(1) conduct an open and transparent process enabling
50	50	full public consideration of, and comment on, the drawing of
51	51	district lines;
52	52	(2) draw district lines according to the redistricting
53	53	criteria specified in this section; and
54	54	(3) conduct themselves with integrity and fairness.
55	55	(d) The selection process for commission members is
56	56	designed to produce a commission that is independent from
57	57	legislative influence and reasonably representative of this
58	58	state's diversity.
59	59	(e) The commission consists of 14 members as follows:
60	60	(1) five majority party members, each of whom:
61	61	(A) voted in at least two of the statewide
62	62	primary elections in the five years preceding the member's
63	63	appointment held by the majority party;
64	64	(B) did not vote in any of the four statewide
65	65	primary elections preceding the member's appointment held by a
66	66	political party other than the majority party; and
67	67	(C) voted in at least two of the three general
68	68	elections preceding the member's appointment in which the office of
69	69	governor or President of the United States appeared on the ballot;
70	70	(2) five minority party members who:
71	71	(A) voted in at least two of the statewide
72	72	primary elections in the five years preceding the member's
73	73	appointment held by the minority party;
74	74	(B) did not vote in any of the four statewide
75	75	primary elections preceding the member's appointment held by a
76	76	political party other than the minority party; and
77	77	(C) voted in at least two of the three general
78	78	elections preceding the member's appointment in which the office of
79	79	governor or President of the United States appeared on the ballot;
80	80	and
81	81	(3) four independent members who:
82	82	(A) did not vote in any statewide primary
83	83	elections in the five years preceding the member's appointment; and
84	84	(B) voted in at least two of the three general
85	85	elections preceding the member's appointment in which the office of
86	86	governor or President of the United States appeared on the ballot.
87	87	(f) The term of office of each commission member expires at
88	88	the time the first commission member is appointed in the next census
89	89	year.
90	90	(g) Nine commission members constitute a quorum. The
91	91	affirmative vote of at least nine commission members is required
92	92	for any official commission action. Each final redistricting map
93	93	must be approved by the affirmative vote of at least nine commission
94	94	members, including at least three majority party members, at least
95	95	three minority party members, and at least three independent
96	96	members, as provided by Subsection (e) of this section.
97	97	(h) Each commission member shall apply this section and
98	98	Sections 28a and 28c of this article in a manner that is impartial
99	99	and that reinforces public confidence in the integrity of the
100	100	redistricting process.
101	101	(i) A commission member is ineligible for a period of 10
102	102	years beginning on the date of appointment to hold a federal, state,
103	103	county, or municipal office elected from this state. A commission
104	104	member is ineligible for a period of five years beginning on the
105	105	date of appointment to:
106	106	(1) hold an appointed federal office representing this
107	107	state;
108	108	(2) hold an appointed state or local office in this
109	109	state;
110	110	(3) serve as a paid employee of or as a paid consultant
111	111	to:
112	112	(A) a member of the United States Congress
113	113	elected from this state;
114	114	(B) the legislature; or
115	115	(C) a member of the legislature; or
116	116	(4) register as a lobbyist in this state.
117	117	(j) The commission shall establish districts described by
118	118	Section 28a(a) of this article through a mapping process using the
119	119	following criteria in the following order of priority:
120	120	(1) districts must comply with the United States
121	121	Constitution;
122	122	(2) districts for the election of members of the
123	123	United States House of Representatives must achieve population
124	124	equality as nearly as is practicable;
125	125	(3) districts for the election of members of the Texas
126	126	Senate, the Texas House of Representatives, and the State Board of
127	127	Education must have reasonably equal population with other
128	128	districts for the same office except where deviation is required to
129	129	comply with the federal Voting Rights Act of 1965 (52 U.S.C. Section
130	130	10101 et seq.) or is allowable by law;
131	131	(4) all districts must comply with the federal Voting
132	132	Rights Act of 1965 (52 U.S.C. Section 10101 et seq.);
133	133	(5) all districts must be geographically contiguous;
134	134	(6) the geographic integrity of each municipality,
135	135	county, local neighborhood, and local community of interest must be
136	136	respected in a manner that minimizes its division to the extent
137	137	possible without violating the requirements of any of the preceding
138	138	subdivisions of this subsection; and
139	139	(7) to the extent practicable and to the extent that
140	140	compliance with this subdivision does not preclude compliance with
141	141	any of the preceding subdivisions of this subsection, districts
142	142	must be drawn to encourage geographical compactness so that nearby
143	143	areas of population are not bypassed for more distant population.
144	144	(k) For purposes of Subsection (j)(6) of this section, a
145	145	community of interest is a contiguous population that shares common
146	146	social and economic interests that should be included within a
147	147	single district for purposes of that population's effective and
148	148	fair representation. Communities of interest may not be determined
149	149	based on relationships with political parties, incumbents, or
150	150	political candidates.
151	151	(l) The place of residence of any incumbent or political
152	152	candidate may not be considered in the creation of a map. Districts
153	153	may not be drawn for the purpose of favoring or discriminating
154	154	against an incumbent, political candidate, or political party.
155	155	(m) Commissioners must start from scratch and not redraw
156	156	based on existing district lines.
157	157	(n) Not later than September 15 of each year following a
158	158	census year, the commission shall approve final maps that
159	159	separately set forth the boundary lines of the districts for the
160	160	election of the members of the United States House of
161	161	Representatives elected from this state, the members of the Texas
162	162	Senate, the members of the Texas House of Representatives, and the
163	163	members of the State Board of Education. On approval, the
164	164	commission shall certify each final map to the secretary of state.
165	165	(o) The commission shall issue, with each of the four final
166	166	maps, a report that explains the basis on which the commission made
167	167	its decisions in achieving compliance with the criteria listed in
168	168	Subsection (j) of this section and shall include definitions of the
169	169	terms and standards used in drawing each final map.
170	170	(p) If the commission fails to approve a final map with the
171	171	vote and by the date required by this section, the secretary of
172	172	state shall immediately petition the Texas Supreme Court for an
173	173	order directing the appointment of special masters to adjust the
174	174	boundary lines of the districts required to be included in that map
175	175	in accordance with the redistricting criteria and requirements
176	176	provided by Subsections (j), (k), (l), and (m) of this section. On
177	177	approval of the special masters' map, the Texas Supreme Court shall
178	178	certify the map to the secretary of state and the map constitutes
179	179	the certified final map for the districts included in the map.
180	180	(q) The boundary lines of the districts contained in a
181	181	certified final map apply beginning with the next statewide general
182	182	election and any corresponding primary elections.
183	183	(r) The governor shall present to the legislature an
184	184	estimate of the amount of money required for the purposes of this
185	185	section and Sections 28a and 28c of this article. The legislature
186	186	shall appropriate to the state auditor, the secretary of state, and
187	187	the commission amounts sufficient to implement the redistricting
188	188	process required by this section, Sections 28a and 28c of this
189	189	article, and general law. The amounts appropriated must provide
190	190	adequate funding for a statewide outreach program to solicit broad
191	191	public participation in the redistricting process, including the
192	192	solicitation of applicants for commission membership. The office
193	193	of the governor shall provide adequate office and meeting space for
194	194	the commission's operations.
195	195	(s) Consistent with this section and Sections 28a and 28c of
196	196	this article, the legislature by general law shall provide
197	197	procedures for selecting the members of the commission and may
198	198	provide provisions governing the powers, duties, and operations of
199	199	the commission. After enactment, the legislature may not
200	200	subsequently amend that general law unless:
201	201	(1) by the same vote required for the adoption of a
202	202	final map, the commission recommends amendment of that general law
203	203	to carry out the purpose and intent of this section and Sections 28a
204	204	and 28c of this article;
205	205	(2) the bill to enact the amendment is approved by a
206	206	vote of at least two-thirds of all the members elected to each house
207	207	of the legislature and becomes law in a manner described by Section
208	208	14, Article IV, of this constitution;
209	209	(3) the bill to enact the amendment is printed and
210	210	distributed in each house of the legislature at least 10 days before
211	211	final passage by the legislature;
212	212	(4) the amendment furthers the purposes of this
213	213	section and Sections 28a and 28c of this article; and
214	214	(5) the amendment is passed by the legislature in a
215	215	year not ending in the numeral 0 or 1.
216	216	Sec. 28c. (a) The Texas Independent Citizen Redistricting
217	217	Commission has sole standing to defend a legal challenge to a final
218	218	map certified under Section 28b of this article. The legislature
219	219	shall provide adequate funding and other resources to the
220	220	commission to defend a certified final map. The attorney general
221	221	shall, at the commission's request, represent the commission in
222	222	defense of a certified final map. The commission may, in its sole
223	223	discretion, retain legal counsel other than the attorney general to
224	224	represent the commission in defense of a certified final map.
225	225	(b) Any registered voter in this state may file a petition
226	226	for a writ of mandamus or writ of prohibition, not later than the
227	227	45th day after a final map is certified to the secretary of state,
228	228	to bar the secretary of state from implementing the map on the
229	229	grounds that the map violates this constitution, the United States
230	230	Constitution, or any federal or state statute.
231	231	(c) If the court determines that a final certified map
232	232	violates this constitution, the United States Constitution, or any
233	233	federal or state statute, the court shall fashion the relief that
234	234	the court deems appropriate, including the relief described by
235	235	Section 28b(o) of this article.
236	236	SECTION 2. Sections 7a(e) and (i), Article V, Texas
237	237	Constitution, are amended to read as follows:
238	238	(e) Unless the legislature enacts a statewide
239	239	reapportionment of the judicial districts following each federal
240	240	decennial census, the board shall convene not later than the first
241	241	Monday of June of the third year following the year in which the
242	242	federal decennial census is taken to make a statewide
243	243	reapportionment of the districts. The board shall complete its
244	244	work on the reapportionment and file its order with the secretary of
245	245	state not later than August 31 of the same year. If the Judicial
246	246	Districts Board fails to make a statewide apportionment by that
247	247	date, the Texas Independent Citizen [Legislative] Redistricting
248	248	Commission [Board] established by Article III, Section 28b [28], of
249	249	this constitution shall convene on September 1 of the same year to
250	250	make a statewide reapportionment of the judicial districts not
251	251	later than the 90th [150th] day after the final day for the Judicial
252	252	Districts Board to make the reapportionment.
253	253	(i) The legislature, the Judicial Districts Board, or the
254	254	Texas Independent Citizen [Legislative] Redistricting Commission
255	255	[Board] may not redistrict the judicial districts to provide for
256	256	any judicial district smaller in size than an entire county except
257	257	as provided by this section. Judicial districts smaller in size
258	258	than the entire county may be created subsequent to a general
259	259	election where a majority of the persons voting on the proposition
260	260	adopt the proposition "to allow the division of __________ County
261	261	into judicial districts composed of parts of _________ County." No
262	262	redistricting plan may be proposed or adopted by the legislature,
263	263	the Judicial Districts Board, or the Texas [Legislative]
264	264	Redistricting Commission [Board] in anticipation of a future action
265	265	by the voters of any county.
266	266	SECTION 3. Sections 25, 26, and 28, Article III, Texas
267	267	Constitution, are repealed.
268	268	SECTION 4. The following temporary provision is added to
269	269	the Texas Constitution:
270	270	TEMPORARY PROVISION. (a) This temporary provision applies
271	271	to the constitutional amendment proposed by the 88th Legislature,
272	272	Regular Session, 2023, establishing the Texas Independent Citizen
273	273	Redistricting Commission to redistrict the Texas Legislature,
274	274	Texas congressional districts, and State Board of Education
275	275	districts and revising procedures for redistricting.
276	276	(b) Section 28b, Article III, of this constitution takes
277	277	effect January 1, 2030.
278	278	(c) On January 1, 2031:
279	279	(1) Sections 28a and 28c, Article III, of this
280	280	constitution take effect;
281	281	(2) the amendments to Section 7a, Article V, of this
282	282	constitution take effect;
283	283	(3) Sections 25, 26, and 28, Article III, of this
284	284	constitution are repealed; and
285	285	(4) the Legislative Redistricting Board is abolished.
286	286	(d) This temporary provision expires January 1, 2032.
287	287	SECTION 5. This proposed constitutional amendment shall be
288	288	submitted to the voters at an election to be held November 7, 2023.
289	289	The ballot shall be printed to permit voting for or against the
290	290	following proposition: "The constitutional amendment establishing
291	291	the Texas Independent Citizen Redistricting Commission to
292	292	redistrict the Texas Legislature, Texas congressional districts,
293	293	and State Board of Education districts and revising procedures for
294	294	redistricting."