Texas 2023 - 88th Regular

Texas House Bill HJR48 Compare Versions

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1	1	88R4754 JRJ-D
2	2	By: Goodwin H.J.R. No. 48
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment establishing the Texas
7	7	Redistricting Commission to redistrict the Texas Legislature,
8	8	Texas congressional districts, and State Board of Education
9	9	districts and revising procedures for redistricting.
10	10	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article III, Texas Constitution, is amended by
12	12	adding Sections 28a, 28b, and 28c to read as follows:
13	13	Sec. 28a. (a) In the year following a year in which the
14	14	United States decennial census is taken, the Texas Redistricting
15	15	Commission described by Section 28b of this article shall adjust
16	16	the boundary lines of the districts for the election of the members
17	17	of the United States House of Representatives elected from this
18	18	state, the members of the Texas Senate, the members of the Texas
19	19	House of Representatives, and the members of the State Board of
20	20	Education in accordance with the standards and process provided by
21	21	Section 28b of this article.
22	22	(b) Districts described by Subsection (a) of this section
23	23	must be single-member districts, each entitled to elect one member
24	24	of the United States House of Representatives, the Texas Senate,
25	25	the Texas House of Representatives, or the State Board of
26	26	Education, as applicable.
27	27	Sec. 28b. (a) In this section:
28	28	(1) "Census year" means a calendar year in which the
29	29	United States decennial census is taken.
30	30	(2) "Commission" means the Texas Redistricting
31	31	Commission.
32	32	(3) "Majority party" means, with respect to a
33	33	commission member, the political party with the most total votes
34	34	cast in the four statewide primary elections preceding the member's
35	35	appointment.
36	36	(4) "Minority party" means, with respect to a
37	37	commission member, the political party with the second highest
38	38	number of total votes cast in the four statewide primary elections
39	39	preceding the member's appointment.
40	40	(5) "Statewide primary election" means an election
41	41	held by a political party to select its nominee for governor or for
42	42	President of the United States. The term does not include a runoff
43	43	primary election.
44	44	(b) Not later than December 31 of each census year, the
45	45	members of the Texas Redistricting Commission shall be appointed
46	46	and the commission shall commence the redistricting process for the
47	47	districts described by Section 28a(a) of this article in connection
48	48	with the census taken that year.
49	49	(c) The commission members shall:
50	50	(1) conduct an open and transparent process enabling
51	51	full public consideration of, and comment on, the drawing of
52	52	district lines;
53	53	(2) draw district lines according to the redistricting
54	54	criteria specified in this section; and
55	55	(3) conduct themselves with integrity and fairness.
56	56	(d) The selection process for commission members is
57	57	designed to produce a commission that is independent from
58	58	legislative influence and reasonably representative of this
59	59	state's diversity.
60	60	(e) The commission consists of 14 members as follows:
61	61	(1) five majority party members, each of whom:
62	62	(A) voted in at least three of the four statewide
63	63	primary elections preceding the member's appointment held by the
64	64	majority party;
65	65	(B) did not vote in any of the four statewide
66	66	primary elections preceding the member's appointment held by a
67	67	political party other than the majority party; and
68	68	(C) voted in at least two of the three general
69	69	elections preceding the member's appointment in which the office of
70	70	governor or President of the United States appeared on the ballot;
71	71	(2) five minority party members who:
72	72	(A) voted in at least three of the four statewide
73	73	primary elections preceding the member's appointment held by the
74	74	minority party;
75	75	(B) did not vote in any of the four statewide
76	76	primary elections preceding the member's appointment held by a
77	77	political party other than the minority party; and
78	78	(C) voted in at least two of the three general
79	79	elections preceding the member's appointment in which the office of
80	80	governor or President of the United States appeared on the ballot;
81	81	and
82	82	(3) four independent members who:
83	83	(A) did not vote in any of the four statewide
84	84	primary elections preceding the member's appointment; and
85	85	(B) 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	(f) The term of office of each commission member expires at
89	89	the time the first commission member is appointed in the next census
90	90	year.
91	91	(g) Nine commission members constitute a quorum. The
92	92	affirmative vote of at least nine commission members is required
93	93	for any official commission action. Each final redistricting map
94	94	must be approved by the affirmative vote of at least nine commission
95	95	members, including at least three majority party members, at least
96	96	three minority party members, and at least three independent
97	97	members, as provided by Subsection (e) of this section.
98	98	(h) Each commission member shall apply this section and
99	99	Sections 28a and 28c of this article in a manner that is impartial
100	100	and that reinforces public confidence in the integrity of the
101	101	redistricting process.
102	102	(i) A commission member is ineligible for a period of 10
103	103	years beginning on the date of appointment to hold a federal,
104	104	state, county, or municipal office elected from this state. A
105	105	commission member is ineligible for a period of five years
106	106	beginning on the date of appointment to:
107	107	(1) hold an appointed federal office representing this
108	108	state;
109	109	(2) hold an appointed state or local office in this
110	110	state;
111	111	(3) serve as a paid employee of or as a paid consultant
112	112	to:
113	113	(A) a member of the United States Congress
114	114	elected from this state;
115	115	(B) the legislature; or
116	116	(C) a member of the legislature; or
117	117	(4) register as a lobbyist in this state.
118	118	(j) The commission shall establish districts described by
119	119	Section 28a(a) of this article through a mapping process using the
120	120	following criteria in the following order of priority:
121	121	(1) all districts must comply with the United States
122	122	Constitution;
123	123	(2) districts for the election of members of the
124	124	United States House of Representatives must achieve population
125	125	equality as nearly as is practicable;
126	126	(3) districts for the election of members of the Texas
127	127	Senate, the Texas House of Representatives, and the State Board of
128	128	Education must have reasonably equal population with other
129	129	districts for the same office except where deviation is required to
130	130	comply with the federal Voting Rights Act of 1965 (52 U.S.C. Section
131	131	10101 et seq.) or is allowable by law;
132	132	(4) all districts must comply with the federal Voting
133	133	Rights Act of 1965 (52 U.S.C. Section 10101 et seq.);
134	134	(5) all districts must be geographically contiguous;
135	135	(6) the geographic integrity of each municipality,
136	136	county, local neighborhood, and local community of interest must be
137	137	respected in a manner that minimizes its division to the extent
138	138	possible without violating the requirements of any of the preceding
139	139	subdivisions of this subsection; and
140	140	(7) to the extent practicable and to the extent that
141	141	compliance with this subdivision does not preclude compliance with
142	142	any of the preceding subdivisions of this subsection, districts
143	143	must be drawn to encourage geographical compactness so that nearby
144	144	areas of population are not bypassed for more distant population.
145	145	(k) For purposes of Subsection (j)(6) of this section, a
146	146	community of interest is a contiguous population that shares common
147	147	social and economic interests that should be included within a
148	148	single district for purposes of that population's effective and
149	149	fair representation. Communities of interest may not be determined
150	150	based on relationships with political parties, incumbents, or
151	151	political candidates.
152	152	(l) The place of residence of any incumbent or political
153	153	candidate may not be considered in the creation of a map. Districts
154	154	may not be drawn for the purpose of favoring or discriminating
155	155	against an incumbent, political candidate, or political party.
156	156	(m) Not later than September 15 of each year following a
157	157	census year, the commission shall approve final maps that
158	158	separately set forth the boundary lines of the districts for the
159	159	election of the members of the United States House of
160	160	Representatives elected from this state, the members of the Texas
161	161	Senate, the members of the Texas House of Representatives, and the
162	162	members of the State Board of Education. On approval, the
163	163	commission shall certify each final map to the secretary of state.
164	164	(n) The commission shall issue, with each of the four final
165	165	maps, a report that explains the basis on which the commission made
166	166	its decisions in achieving compliance with the criteria listed in
167	167	Subsection (j) of this section and shall include definitions of the
168	168	terms and standards used in drawing each final map.
169	169	(o) If the commission fails to approve a final map with the
170	170	vote and by the date required by this section, the secretary of
171	171	state shall immediately petition the Texas Supreme Court for an
172	172	order directing the appointment of special masters to adjust the
173	173	boundary lines of the districts required to be included in that map
174	174	in accordance with the redistricting criteria and requirements
175	175	provided by Subsections (j), (k), and (l) of this section. On
176	176	approval of the special masters' map, the Texas Supreme Court shall
177	177	certify the map to the secretary of state and the map constitutes
178	178	the certified final map for the districts included in the map.
179	179	(p) The boundary lines of the districts contained in a
180	180	certified final map apply beginning with the next statewide general
181	181	election and any corresponding primary elections.
182	182	(q) The governor shall present to the legislature an
183	183	estimate of the amount of money required for the purposes of this
184	184	section and Sections 28a and 28c of this article. The legislature
185	185	shall appropriate to the state auditor, the secretary of state, and
186	186	the commission amounts sufficient to implement the redistricting
187	187	process required by this section, Sections 28a and 28c of this
188	188	article, and general law. The amounts appropriated must provide
189	189	adequate funding for a statewide outreach program to solicit broad
190	190	public participation in the redistricting process, including the
191	191	solicitation of applicants for commission membership. The office
192	192	of the governor shall provide adequate office and meeting space for
193	193	the commission's operations.
194	194	(r) Consistent with this section and Sections 28a and 28c of
195	195	this article, the legislature by general law shall provide
196	196	procedures for selecting the members of the commission and may
197	197	provide provisions governing the powers, duties, and operations of
198	198	the commission. After enactment, the legislature may not
199	199	subsequently amend that general law unless:
200	200	(1) by the same vote required for the adoption of a
201	201	final map, the commission recommends amendment of that general law
202	202	to carry out the purpose and intent of this section and Sections 28a
203	203	and 28c of this article;
204	204	(2) the bill to enact the amendment is approved by a
205	205	vote of at least two-thirds of all the members elected to each house
206	206	of the legislature and becomes law in a manner described by Section
207	207	14, Article IV, of this constitution;
208	208	(3) the bill to enact the amendment is printed and
209	209	distributed in each house of the legislature at least 10 days before
210	210	final passage by the legislature;
211	211	(4) the amendment furthers the purposes of this
212	212	section and Sections 28a and 28c of this article; and
213	213	(5) the amendment is passed by the legislature in a
214	214	year not ending in the numeral 0 or 1.
215	215	Sec. 28c. (a) The Texas Redistricting Commission has sole
216	216	standing to defend a legal challenge to a final map certified under
217	217	Section 28b of this article. The legislature shall provide adequate
218	218	funding and other resources to the commission to defend a certified
219	219	final map. The attorney general shall, at the commission's request,
220	220	represent the commission in defense of a certified final map. The
221	221	commission may, in its sole discretion, retain legal counsel other
222	222	than the attorney general to represent the commission in defense of
223	223	a certified final map.
224	224	(b) Any registered voter in this state may file a petition
225	225	for a writ of mandamus or writ of prohibition, not later than the
226	226	45th day after a final map is certified to the secretary of state,
227	227	to bar the secretary of state from implementing the map on the
228	228	grounds that the map violates this constitution, the United States
229	229	Constitution, or any federal or state statute.
230	230	(c) If the court determines that a final certified map
231	231	violates this constitution, the United States Constitution, or any
232	232	federal or state statute, the court shall fashion the relief that
233	233	the court deems appropriate, including the relief described by
234	234	Section 28b(o) of this article.
235	235	SECTION 2. Sections 7a(e) and (i), Article V, Texas
236	236	Constitution, are amended to read as follows:
237	237	(e) Unless the legislature enacts a statewide
238	238	reapportionment of the judicial districts following each federal
239	239	decennial census, the board shall convene not later than the first
240	240	Monday of June of the third year following the year in which the
241	241	federal decennial census is taken to make a statewide
242	242	reapportionment of the districts. The board shall complete its
243	243	work on the reapportionment and file its order with the secretary of
244	244	state not later than August 31 of the same year. If the Judicial
245	245	Districts Board fails to make a statewide apportionment by that
246	246	date, the Texas [Legislative] Redistricting Commission [Board]
247	247	established by Article III, Section 28b [28], of this constitution
248	248	shall convene on September 1 of the same year to make a statewide
249	249	reapportionment of the judicial districts not later than the 90th
250	250	[150th] day after the final day for the Judicial Districts Board to
251	251	make the reapportionment.
252	252	(i) The legislature, the Judicial Districts Board, or the
253	253	Texas [Legislative] Redistricting Commission [Board] may not
254	254	redistrict the judicial districts to provide for any judicial
255	255	district smaller in size than an entire county except as provided by
256	256	this section. Judicial districts smaller in size than the entire
257	257	county may be created subsequent to a general election where a
258	258	majority of the persons voting on the proposition adopt the
259	259	proposition "to allow the division of ____________ County into
260	260	judicial districts composed of parts of ____________ County." No
261	261	redistricting plan may be proposed or adopted by the legislature,
262	262	the Judicial Districts Board, or the Texas [Legislative]
263	263	Redistricting Commission [Board] in anticipation of a future action
264	264	by the voters of any county.
265	265	SECTION 3. Sections 25, 26, and 28, Article III, Texas
266	266	Constitution, are repealed.
267	267	SECTION 4. The following temporary provision is added to
268	268	the Texas Constitution:
269	269	TEMPORARY PROVISION. (a) This temporary provision applies
270	270	to the constitutional amendment proposed by the 88th Legislature,
271	271	Regular Session, 2023, establishing the Texas Redistricting
272	272	Commission to redistrict the Texas Legislature, Texas
273	273	congressional districts, and State Board of Education districts and
274	274	revising procedures for redistricting.
275	275	(b) Section 28b, Article III, of this constitution takes
276	276	effect January 1, 2030.
277	277	(c) On January 1, 2031:
278	278	(1) Sections 28a and 28c, Article III, of this
279	279	constitution take effect;
280	280	(2) the amendments to Section 7a, Article V, of this
281	281	constitution take effect;
282	282	(3) Sections 25, 26, and 28, Article III, of this
283	283	constitution are repealed; and
284	284	(4) the Legislative Redistricting Board is abolished.
285	285	(d) This temporary provision expires January 1, 2032.
286	286	SECTION 5. This proposed constitutional amendment shall be
287	287	submitted to the voters at an election to be held November 7, 2023.
288	288	The ballot shall be printed to permit voting for or against the
289	289	following proposition: "The constitutional amendment establishing
290	290	the Texas Redistricting Commission to redistrict the Texas
291	291	Legislature, Texas congressional districts, and State Board of
292	292	Education districts and revising procedures for redistricting."