88R4754 JRJ-D
By: Goodwin H.J.R. No. 48
A JOINT RESOLUTION
proposing a constitutional amendment establishing the Texas
Redistricting Commission to redistrict the Texas Legislature,
Texas congressional districts, and State Board of Education
districts and revising procedures for redistricting.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article III, Texas Constitution, is amended by
adding Sections 28a, 28b, and 28c to read as follows:
Sec. 28a. (a) In the year following a year in which the
United States decennial census is taken, the Texas Redistricting
Commission described by Section 28b of this article shall adjust
the boundary lines of the districts 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 of the Texas
House of Representatives, and the members of the State Board of
Education in accordance with the standards and process provided by
Section 28b of this article.
(b) Districts described by Subsection (a) of this section
must be single-member districts, each entitled to elect one member
of the United States House of Representatives, the Texas Senate,
the Texas House of Representatives, or the State Board of
Education, as applicable.
Sec. 28b. (a) In this section:
(1) "Census year" means a calendar year in which the
United States decennial census is taken.
(2) "Commission" means the Texas Redistricting
Commission.
(3) "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.
(4) "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.
(5) "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.
(b) Not later than December 31 of each census year, the
members of the Texas Redistricting Commission shall be appointed
and the commission shall commence the redistricting process for the
districts described by Section 28a(a) of this article in connection
with the census taken that year.
(c) 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 section; and
(3) conduct themselves with integrity and fairness.
(d) 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.
(e) The commission consists of 14 members as follows:
(1) five majority party members, each of whom:
(A) voted in at least three of the four statewide
primary elections 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 three of the four statewide
primary elections 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 of the four statewide
primary elections 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.
(f) The term of office of each commission member expires at
the time the first commission member is appointed in the next census
year.
(g) 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 Subsection (e) of this section.
(h) Each commission member shall apply this section and
Sections 28a and 28c of this article in a manner that is impartial
and that reinforces public confidence in the integrity of the
redistricting process.
(i) A commission member is ineligible for a period of 10
years beginning on the date of appointment to hold a federal,
state, county, or municipal 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.
(j) The commission shall establish districts described by
Section 28a(a) of this article through a mapping process using the
following criteria in the following order of priority:
(1) all districts must comply with the United States
Constitution;
(2) districts for the election of members of the
United States House of Representatives must achieve population
equality as nearly as is practicable;
(3) districts for the election of members of the Texas
Senate, the Texas House of Representatives, and the State Board of
Education must have reasonably equal population with other
districts for the same office except where deviation is required to
comply with the federal Voting Rights Act of 1965 (52 U.S.C. Section
10101 et seq.) or is allowable by law;
(4) all districts must comply with the federal Voting
Rights Act of 1965 (52 U.S.C. Section 10101 et seq.);
(5) all districts must be geographically contiguous;
(6) 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 of this subsection; and
(7) to the extent practicable and to the extent that
compliance with this subdivision does not preclude compliance with
any of the preceding subdivisions of this subsection, districts
must be drawn to encourage geographical compactness so that nearby
areas of population are not bypassed for more distant population.
(k) For purposes of Subsection (j)(6) of this section, 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.
(l) 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.
(m) Not later than September 15 of each year following a
census year, the commission shall approve final maps that
separately set 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 members of the Texas
Senate, the members of the Texas House of Representatives, and the
members of the State Board of Education. On approval, the
commission shall certify each final map to the secretary of state.
(n) The commission shall issue, with each of the four final
maps, a report that explains the basis on which the commission made
its decisions in achieving compliance with the criteria listed in
Subsection (j) of this section and shall include definitions of the
terms and standards used in drawing each final map.
(o) 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 (j), (k), and (l) of this section. 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.
(p) 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.
(q) The governor shall present to the legislature an
estimate of the amount of money required for the purposes of this
section and Sections 28a and 28c of this article. The legislature
shall appropriate to the state auditor, the secretary of state, and
the commission amounts sufficient to implement the redistricting
process required by this section, Sections 28a and 28c of this
article, and general law. The amounts appropriated must provide
adequate funding for a statewide outreach program to solicit broad
public participation in the redistricting process, including the
solicitation of applicants for commission membership. The office
of the governor shall provide adequate office and meeting space for
the commission's operations.
(r) Consistent with this section and Sections 28a and 28c of
this article, the legislature by general law shall provide
procedures for selecting the members of the commission and may
provide provisions governing the powers, duties, and operations of
the commission. After enactment, the legislature may not
subsequently amend that general law unless:
(1) by the same vote required for the adoption of a
final map, the commission recommends amendment of that general law
to carry out the purpose and intent of this section and Sections 28a
and 28c of this article;
(2) the bill to enact the amendment is approved by a
vote of at least two-thirds of all the members elected to each house
of the legislature and becomes law in a manner described by Section
14, Article IV, of this constitution;
(3) the bill to enact the amendment is printed and
distributed in each house of the legislature at least 10 days before
final passage by the legislature;
(4) the amendment furthers the purposes of this
section and Sections 28a and 28c of this article; and
(5) the amendment is passed by the legislature in a
year not ending in the numeral 0 or 1.
Sec. 28c. (a) The Texas Redistricting Commission has sole
standing to defend a legal challenge to a final map certified under
Section 28b of this article. The legislature shall 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.
(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 this constitution, the United States
Constitution, or any federal or state statute.
(c) If the court determines that a final certified map
violates this 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 28b(o) of this article.
SECTION 2. Sections 7a(e) and (i), Article V, Texas
Constitution, are amended to read as follows:
(e) 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 Texas [Legislative] Redistricting Commission [Board]
established by Article III, Section 28b [28], of this constitution
shall convene on September 1 of the same year to 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.
(i) The legislature, the Judicial Districts Board, or the
Texas [Legislative] Redistricting Commission [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 section. Judicial districts smaller in size than the entire
county may be created subsequent to a general election where 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." No
redistricting plan may be proposed or adopted by the legislature,
the Judicial Districts Board, or the Texas [Legislative]
Redistricting Commission [Board] in anticipation of a future action
by the voters of any county.
SECTION 3. Sections 25, 26, and 28, Article III, Texas
Constitution, are repealed.
SECTION 4. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies
to the constitutional amendment proposed by the 88th Legislature,
Regular Session, 2023, establishing the Texas Redistricting
Commission to redistrict the Texas Legislature, Texas
congressional districts, and State Board of Education districts and
revising procedures for redistricting.
(b) Section 28b, Article III, of this constitution takes
effect January 1, 2030.
(c) On January 1, 2031:
(1) Sections 28a and 28c, Article III, of this
constitution take effect;
(2) the amendments to Section 7a, Article V, of this
constitution take effect;
(3) Sections 25, 26, and 28, Article III, of this
constitution are repealed; and
(4) the Legislative Redistricting Board is abolished.
(d) This temporary provision expires January 1, 2032.
SECTION 5. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 7, 2023.
The ballot shall be printed to permit voting for or against the
following proposition: "The constitutional amendment establishing
the Texas Redistricting Commission to redistrict the Texas
Legislature, Texas congressional districts, and State Board of
Education districts and revising procedures for redistricting."