Texas 2023 - 88th Regular

Texas Senate Bill SB69 Compare Versions

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1	1	88R567 JRJ-F
2	2	By: Zaffirini S.B. No. 69
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of the Texas Redistricting
8	8	Commission.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Title 5, Government Code, is
11	11	amended to read as follows:
12	12	TITLE 5. OPEN GOVERNMENT; ETHICS; REDISTRICTING
13	13	SECTION 2. Title 5, Government Code, is amended by adding
14	14	Subtitle C to read as follows:
15	15	SUBTITLE C. REDISTRICTING
16	16	CHAPTER 581. TEXAS REDISTRICTING COMMISSION
17	17	SUBCHAPTER A. GENERAL PROVISIONS
18	18	Sec. 581.001. DEFINITIONS. In this chapter:
19	19	(1) "Census year" means a calendar year in which the
20	20	United States decennial census is taken.
21	21	(2) "Commission" means the Texas Redistricting
22	22	Commission.
23	23	SUBCHAPTER B. POWERS AND DUTIES
24	24	Sec. 581.051. POWERS AND DUTIES OF COMMISSION. The
25	25	commission has the sole responsibility to create districts for the
26	26	election of members of the United States House of Representatives,
27	27	the Texas House of Representatives, and the Texas Senate.
28	28	SUBCHAPTER C. MEMBERSHIP
29	29	Sec. 581.101. ELIGIBILITY. (a) Except as otherwise
30	30	provided by this subchapter, a Texas voter who is older than 25
31	31	years of age is eligible for membership on the commission.
32	32	(b) An applicant for appointment to the commission must
33	33	submit an application to the secretary of state.
34	34	(c) An applicant for appointment by members of the
35	35	legislature belonging to a political party must have voted in that
36	36	party's previous four primary elections. An applicant for
37	37	appointment as an independent member may not have voted
38	38	consecutively in the same political party's primary election during
39	39	the previous three primary elections.
40	40	(d) An applicant is ineligible for membership on the
41	41	commission if the applicant:
42	42	(1) holds a public office;
43	43	(2) has held a public office in the four years
44	44	preceding appointment to the commission;
45	45	(3) is running for public office;
46	46	(4) is working under an elected official;
47	47	(5) is working for a political campaign for state or
48	48	federal office; or
49	49	(6) is a registered state or federal lobbyist.
50	50	(e) A commission member may not:
51	51	(1) run for public office during the member's term;
52	52	(2) run for public office during the two years
53	53	following the adoption of a redistricting plan by the commission;
54	54	(3) work under an elected official during the member's
55	55	term;
56	56	(4) work for or contribute to a campaign for state or
57	57	federal office during the member's term; or
58	58	(5) register as a state or federal lobbyist during the
59	59	member's term.
60	60	Sec. 581.102. MEMBERSHIP AND TERMS. (a) The commission
61	61	consists of nine members chosen from eligible applicants under
62	62	Section 581.101.
63	63	(b) Eight members of the commission shall be appointed in a
64	64	bipartisan manner by the legislature, as follows:
65	65	(1) two members are appointed by a majority vote of the
66	66	members of the Texas House of Representatives belonging to the
67	67	political party with the most members in the house of
68	68	representatives;
69	69	(2) two members are appointed by a majority vote of the
70	70	members of the Texas House of Representatives belonging to the
71	71	political party with the second highest number of members in the
72	72	house of representatives;
73	73	(3) two members are appointed by a majority vote of the
74	74	members of the Texas Senate belonging to the political party with
75	75	the most members in the senate; and
76	76	(4) two members are appointed by a majority vote of the
77	77	members of the Texas Senate belonging to the political party with
78	78	the second highest number of members in the senate.
79	79	(c) The ninth member of the commission shall be chosen from
80	80	among the independent applicants by the eight members appointed by
81	81	the legislature. The appointment requires at least five votes and
82	82	shall be made not later than the 30th day after the commission
83	83	convenes. The ninth member serves as a nonvoting presiding
84	84	officer, except that the member shall vote to break any tie vote on
85	85	the final adoption of a redistricting plan.
86	86	(d) At least one member of the commission chosen by members
87	87	of each chamber of the legislature must reside in a county that is
88	88	not part of a metropolitan statistical area as defined by the United
89	89	States Office of Management and Budget.
90	90	(e) Commission members serve three-year terms that begin on
91	91	February 1 of the year following the census year. The commission may
92	92	vote to:
93	93	(1) terminate their terms early and dissolve following
94	94	the adoption of all redistricting plans; or
95	95	(2) extend their terms as necessary to fulfill the
96	96	commission's obligations under the constitution.
97	97	(f) The commission shall convene on the first business day
98	98	in February of the year following the census year and at other times
99	99	necessary to fulfill its obligations under the constitution.
100	100	(g) Vacancies on the commission shall be filled not later
101	101	than the 20th day after the vacancy occurs in the same manner as the
102	102	vacated position is filled under Subsections (b) and (c).
103	103	(h) If the appointments under Subsection (b) are not made by
104	104	February 1 of the year following the census year, the caucus of the
105	105	political party whose members are responsible for the appointment
106	106	shall appoint the commission member not later than February 11. If
107	107	the commission fails to appoint its presiding officer when
108	108	required, the supreme court shall make the appointment not later
109	109	than March 15.
110	110	(i) Members of the commission must take a constitutional
111	111	oath of office.
112	112	SUBCHAPTER D. OPERATION OF THE COMMISSION
113	113	Sec. 581.151. FUNDING AND RESOURCES. (a) The legislature
114	114	shall appropriate sufficient money for the compensation and payment
115	115	of the expenses of commission members and any staff employed by the
116	116	commission.
117	117	(b) The commission shall be provided access to statistical
118	118	or other information compiled by the state or its political
119	119	subdivisions as necessary to perform the commission's duties.
120	120	(c) The Texas Legislative Council shall provide the
121	121	technical staff and clerical services that the commission needs to
122	122	prepare redistricting plans.
123	123	(d) After the commission suspends operations, the secretary
124	124	of state becomes the custodian of its official records for purposes
125	125	of election administration. Any unexpended money from an
126	126	appropriation to the commission reverts to the general revenue
127	127	fund.
128	128	Sec. 581.152. PROCEDURE. (a) The commission shall adopt
129	129	its own procedural rules. The adoption of a final redistricting
130	130	plan by the commission requires at least five votes.
131	131	(b) The commission shall adopt each redistricting plan not
132	132	later than November 15 of the year following the census year.
133	133	(c) If the commission does not adopt a plan before November
134	134	16 of the year following the census year, the Texas Supreme Court
135	135	shall adopt a plan not later than December 30.
136	136	(d) The commission shall submit each adopted redistricting
137	137	plan to the governor, the secretary of state, and the presiding
138	138	officer of each chamber of the legislature.
139	139	Sec. 581.153. CHALLENGES TO A PLAN. (a) After a
140	140	redistricting plan has been adopted by the commission or the Texas
141	141	Supreme Court, any aggrieved person may file a petition with the
142	142	Texas Supreme Court to challenge the plan.
143	143	(b) If the final judgment of a state or federal court
144	144	invalidates all or part of a redistricting plan or otherwise makes
145	145	it unenforceable, the commission shall reconvene to modify and
146	146	adopt a new plan before January 31 of the next year.
147	147	(c) The commission may reconvene on the motion of at least
148	148	four members filed with the secretary of state any time after a
149	149	redistricting plan has been adopted to modify the plan and at other
150	150	times necessary to fulfill its obligations under the constitution.
151	151	Sec. 581.154. PLAN REQUIREMENTS. To the extent practicable
152	152	to comply with federal law, redistricting plans adopted by the
153	153	commission must be composed of:
154	154	(1) districts contiguous with one another;
155	155	(2) districts of nearly equal population; and
156	156	(3) districts that are compact and convenient, and
157	157	separated from adjoining districts by natural geographic barriers,
158	158	artificial barriers, or political subdivision boundaries.
159	159	Sec. 581.155. PLAN REPORT. (a) Each redistricting plan the
160	160	commission adopts must include a report, given to the secretary of
161	161	state, that includes:
162	162	(1) the total population of each district with its
163	163	deviation from the average district population;
164	164	(2) an explanation of the criteria used for the
165	165	redistricting plan, with a justification of the deviation from the
166	166	average district population for each district;
167	167	(3) a map for each district;
168	168	(4) a financial statement disclosing all expenditures
169	169	made by the commission; and
170	170	(5) relevant information developed by the commission
171	171	in carrying out its duties, including maps, data, meeting minutes,
172	172	written communications, and other information.
173	173	(b) The secretary of state shall make a copy of the report
174	174	available to the public.
175	175	SECTION 3. (a) Except as otherwise provided by Subsection
176	176	(b) of this section, this Act takes effect January 1, 2030.
177	177	(b) This Act takes effect only if the constitutional
178	178	amendment proposed by the 88th Legislature, Regular Session, 2023,
179	179	establishing the Texas Redistricting Commission to redistrict the
180	180	United States House of Representatives and the Texas Legislature is
181	181	approved by the voters. If that proposed constitutional amendment
182	182	is not approved by the voters, this Act has no effect.