88R195 BEF-D
By: Johnson S.J.R. No. 12
A JOINT RESOLUTION
proposing a constitutional amendment 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.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article III, Texas Constitution, is amended by
adding Section 28a to read as follows:
Sec. 28a. The independent redistricting commission
established under Article XVIII of this constitution exercises the
legislative authority of this state to adopt redistricting plans
for the election of members of the United States House of
Representatives elected from this state, the Texas House of
Representatives, and the Texas Senate. Districts for those
legislative bodies may not be established or changed except as
provided by that 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 independent redistricting commission [Legislative
Redistricting Board] established under [by] Article XVIII [III,
Section 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
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 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 independent redistricting
commission [Legislative Redistricting Board] in anticipation of a
future action by the voters of any county.
SECTION 3. The Texas Constitution is amended by adding
Article XVIII to read as follows:
ARTICLE XVIII. INDEPENDENT REDISTRICTING COMMISSION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1. DEFINITIONS. In this article:
(1) "Commission" means the independent redistricting
commission established under this article.
(2) "Nonpartisan agency" means the agency designated
or established under Part 1, Subchapter E, of this article.
(3) "Redistricting plan" means a plan that establishes
the boundaries of districts used for the election of the members of,
as applicable:
(A) the United States House of Representatives
elected from this state;
(B) the Texas Senate; or
(C) the Texas House of Representatives.
(4) "Select committee" means the committee appointed
under Part 2, Subchapter E, of this article.
(5) "Selection pool" means the approved selection pool
under Part 2, Subchapter C, of this article.
SUBCHAPTER B. COMMISSION
PART 1. APPOINTMENT OF MEMBERS
Sec. 2. APPOINTMENT. (a) The nonpartisan agency shall
establish an independent redistricting commission for this state
consisting of 15 members appointed under this section.
(b) Not later than October 1 of a year ending in the numeral
zero, the nonpartisan agency shall, at a public meeting held at
least 15 days after notice of the meeting is given to the public,
appoint the following six commission members:
(1) two members chosen at random from the majority
category of the selection pool;
(2) two members chosen at random from the minority
category of the selection pool; and
(3) two members chosen at random from the independent
category of the selection pool.
(c) Not later than November 15 of a year ending in the
numeral zero, the commission members appointed under Subsection (b)
of this section shall, at a public meeting held at least 15 days
after notice of the meeting is given to the public, appoint the
following nine commission members:
(1) three members selected from the majority category
of the selection pool;
(2) three members selected from the minority category
of the selection pool; and
(3) three members selected from the independent
category of the selection pool.
Sec. 3. RULES FOR APPOINTMENT OF CERTAIN MEMBERS. (a) The
appointment of a commission member under Section 2(c) or 5(b) of
this article and the selection of an alternate member under Section
4(b) of this article requires the affirmative vote of at least four
of the members appointed under Section 2(b) of this article,
including at least one member chosen from each category of the
selection pool.
(b) In appointing commission members under Section 2(c) or
5(b) of this article and selecting alternate members under Section
4(b) of this article, the commission members appointed under
Section 2(b) of this article shall ensure that the membership of the
commission:
(1) is representative of the demographic groups,
including racial, ethnic, economic, and gender groups, and
geographic regions of this state; and
(2) provides racial, ethnic, and language minorities
protected under the Voting Rights Act of 1965 (52 U.S.C. Section
10301 et seq.) with a meaningful opportunity to participate in the
development of this state's redistricting plans.
Sec. 4. DESIGNATION OF ALTERNATE MEMBERS. (a) When the
nonpartisan agency appoints commission members under Section 2(b)
of this article, the agency shall choose at random two other
individuals from each category of the selection pool to serve as
alternate members.
(b) When the commission members appointed under Section
2(b) of this article appoint the remaining commission members under
Section 2(c) of this article, the members appointed under Section
2(b) shall select two other individuals from each category of the
selection pool to serve as alternate members.
Sec. 5. APPOINTMENT OF ALTERNATE MEMBERS TO FILL VACANCIES.
(a) If a commission member appointed under Section 2(b) of this
article vacates the member's position, the nonpartisan agency shall
choose at random one of the alternate members under Section 4(a) of
this article to fill the vacancy from the same category of the
selection pool as the vacating member. The agency shall also choose
at random another individual from the same category of the
selection pool to replace the alternate member.
(b) If a member appointed under Section 2(c) of this article
vacates the member's position, the members appointed under Section
2(b) of this article shall select one of the alternate members under
Section 4(b) of this article to fill the vacancy from the same
category of the selection pool as the vacating member. The members
appointed under Section 2(b) shall also select another individual
from the same category of the selection pool to replace the
alternate member.
Sec. 6. REMOVAL OF COMMISSION MEMBER. A commission member
may be removed by a majority vote of the remaining commission
members if it is shown by a preponderance of the evidence that the
person is not eligible to serve on the commission under Part 1,
Subchapter C, of this article.
PART 2. PROCEDURES FOR CONDUCTING COMMISSION BUSINESS
Sec. 7. CHAIR. The commission members shall select by
majority vote one member who was appointed from the independent
category of the selection pool to serve as chair of the commission.
The commission may not take any action to develop a redistricting
plan for this state under Subchapter D of this article before the
appointment of the chair.
Sec. 8. VOTE REQUIRED FOR CERTAIN ACTIONS. The commission
may not publish and disseminate any preliminary or final
redistricting plan, or take any other action, without the approval
of at least:
(1) a majority of the members of the commission; and
(2) one commission member from each category of the
selection pool.
Sec. 9. QUORUM. A majority of the members of the commission
constitutes a quorum.
PART 3. STAFF; CONTRACTORS
Sec. 10. COMMISSION STAFF. The commission shall appoint
and set the pay of technical experts, legal counsel, consultants,
and other staff the commission considers appropriate, subject to
general law. The application process must be public and all
application materials must be made available for public inspection.
Sec. 11. CONTRACTORS. The commission may enter into
contracts with vendors as the commission considers appropriate,
subject to general law. A contract must be approved by a majority
vote of the commission members, including at least one member from
each category of the selection pool.
Sec. 12. REPORTS REGARDING POLITICAL EXPENDITURES. (a) In
this section, "expenditure for political activity" means a
disbursement for:
(1) an independent expenditure, as defined by Section
301(17) of the Federal Election Campaign Act of 1971 (52 U.S.C.
Section 30101(17));
(2) an electioneering communication, as defined by
Section 304(f)(3) of the Federal Election Campaign Act of 1971 (52
U.S.C. Section 30104(f)(3)), or any other public communication, as
defined by Section 301(22) of that Act (52 U.S.C. Section
30101(22)), that would be an electioneering communication if it
were a broadcast, cable, or satellite communication; or
(3) any dues or other payments to a trade association
or organization exempt from tax under Section 501(a) of the
Internal Revenue Code of 1986 by reason of being listed under
Section 501(c) of that code that are, or could reasonably be
anticipated to be, used or transferred to another association or
organization for a use described by Section 501(c)(1), (2), or (3)
of that code.
(b) Each individual who applies for a position as an
employee of the commission and each vendor who applies for a
contract with the commission shall, at the time of application,
file with the commission a report summarizing:
(1) any expenditure for political activity made by the
individual or vendor during the 10 most recent calendar years; and
(2) any income received by the individual or vendor
during the 10 most recent calendar years that is attributable to an
expenditure for political activity.
(c) Each employee or vendor of the commission shall, not
later than the first anniversary of becoming an employee or vendor,
file with the commission a report summarizing the expenditures and
income described by Subsection (b) of this section during the 10
most recent calendar years. The employee or vendor shall file a
subsequent report for each year during any part of which the person
serves as an employee or a vendor.
Sec. 13. GOAL OF IMPARTIALITY. The commission shall take
appropriate steps to ensure that any staff appointed under this
part and any vendor with whom the commission enters into a contract
under this part will work in an impartial manner. The commission
may require an applicant for a staff position or contract to provide
information on the person's history of political activity beyond
the information required in the reports under Section 12 of this
article, including donations to candidates, political committees,
and political parties.
Sec. 14. DISQUALIFICATION; WAIVER. (a) The commission may
not appoint an individual as an employee or enter into a contract
with a vendor if the individual or vendor would be disqualified from
serving as a commission member under Section 18 of this article.
(b) The commission may by unanimous vote of its members
waive the application of Subsection (a) of this section to an
individual or a vendor after receiving and reviewing the person's
report under Section 12 of this article.
PART 4. TERMINATION OF COMMISSION
Sec. 15. TERMINATION. The terms of commission members
expire on the earlier of:
(1) June 14 of the year ending in the numeral zero
following appointment; or
(2) the day on which the nonpartisan agency submits a
selection pool to the select committee under Section 21 of this
article.
Sec. 16. PRESERVATION OF RECORDS. The legislature shall
ensure that the records of the commission are retained in an
appropriate state archive that allows this state to respond to any
civil action brought with respect to congressional redistricting in
this state.
SUBCHAPTER C. ESTABLISHMENT OF SELECTION POOL
PART 1. CRITERIA FOR ELIGIBILITY
Sec. 17. ELIGIBILITY. An individual is eligible to serve as
a commission member if:
(1) on the date of appointment, the individual is
registered to vote in elections for federal office held in this
state;
(2) during the three years preceding the date of
appointment, the individual has been affiliated with only one
political party or has not been affiliated with any political
party; and
(3) the individual submits to the nonpartisan agency,
at a time and in a form required by the agency, an application for
inclusion in the selection pool under this subchapter and includes
with the application a written statement, with an attestation under
penalty of perjury, containing the following information and
assurances:
(A) the individual's full current name, all of
the individual's former names, and the individual's contact
information including electronic mail address, residence address,
mailing address, and telephone numbers;
(B) the individual's race, ethnicity, gender,
age, date of birth, and household income for the most recent taxable
year;
(C) the political party with which the individual
is affiliated, if any;
(D) the reasons the individual desires to serve
as a member of the commission, the individual's qualifications, and
information relevant to the individual's ability to be fair and
impartial including:
(i) any involvement with, or financial
support of, a professional, social, political, religious, or
community organization or cause; and
(ii) the individual's employment and
educational history;
(E) an assurance that the individual will commit
to carrying out the individual's duties under this article in an
honest, independent, and impartial fashion and upholding public
confidence in the integrity of the redistricting process; and
(F) an assurance that, during the covered periods
described by Section 19 of this article, the individual has not
taken and will not take any action that would disqualify the
individual from serving as a commission member under Section 18 of
this article.
Sec. 18. DISQUALIFICATIONS. An individual is not eligible
to serve as a commission member if, during any of the covered
periods described by Section 19 of this article:
(1) the individual or, in the case of the covered
periods described by Sections 19(1) and (2) of this article, an
immediate family member of the individual holds public office or is
a candidate for election to public office;
(2) the individual or, in the case of the covered
periods described by Sections 19(1) and (2) of this article, an
immediate family member of the individual, serves as an officer of a
political party or as an officer, employee, or paid consultant of a
campaign committee of a candidate for public office or of any
political action committee, as determined under general law;
(3) the individual or, in the case of the covered
periods described by Sections 19(1) and (2) of this article, an
immediate family member of the individual, holds a position as a
registered lobbyist under the Lobbying Disclosure Act of 1995
(2 U.S.C. Section 1601 et seq.) or an equivalent state or local law;
(4) the individual or, in the case of the covered
periods described by Sections 19(1) and (2) of this article, an
immediate family member of the individual, is an employee of an
elected public official, a contractor with this state, or a donor to
the campaign of any candidate for public office or to any political
action committee, other than a donor who, during any covered
period, gives an aggregate amount of $1,000 or less to the campaigns
of all candidates for all public offices and to all political action
committees;
(5) the individual paid a civil penalty or criminal
fine or was sentenced to a term of imprisonment for violating any
provision of the Federal Election Campaign Act of 1971 (52 U.S.C.
Section 30101 et seq.); or
(6) the individual or, in the case of the covered
periods described by Sections 19(1) and (2) of this article, an
immediate family member of the individual, is an agent of a foreign
principal under the Foreign Agents Registration Act of 1938
(22 U.S.C. Section 611 et seq.).
Sec. 19. COVERED PERIODS. In this part, "covered period"
means, with respect to the appointment of a commission member:
(1) the 10-year period preceding the date of the
member's appointment;
(2) the period beginning on the date of the
individual's appointment and ending on August 14 of the next year
ending in the numeral one; and
(3) the 10-year period beginning on the day after the
last day of the period described by Subdivision (2) of this section.
Sec. 20. IMMEDIATE FAMILY MEMBER. In this part, "immediate
family member" means, with respect to an individual, a father,
stepfather, mother, stepmother, son, stepson, daughter,
stepdaughter, brother, stepbrother, sister, stepsister, husband,
wife, father-in-law, or mother-in-law.
PART 2. DEVELOPMENT AND SUBMISSION OF SELECTION POOL
Sec. 21. SELECTION POOL. Not later than June 15 of each
year ending in the numeral zero, the nonpartisan agency shall
develop and submit to the select committee a selection pool of 36
individuals who are eligible to serve as commission members. The
selection pool must include:
(1) a majority category with 12 individuals who are
affiliated with the political party whose candidate for the highest
federal office on the ballot in the most recent statewide general
election received the highest number of votes;
(2) a minority category with 12 individuals who are
affiliated with the political party whose candidate for the highest
federal office on the ballot in the most recent statewide general
election received the second highest number of votes; and
(3) an independent category with 12 individuals who
are not affiliated with either political party described by
Subdivisions (1) and (2) of this section.
Sec. 22. FACTORS CONSIDERED IN DEVELOPING POOL. In
selecting individuals for the selection pool under this part, the
nonpartisan agency shall:
(1) ensure that the pool:
(A) is representative of the demographic groups,
including racial, ethnic, economic, and gender groups, and
geographic regions of this state; and
(B) includes applicants who would allow racial,
ethnic, and language minorities protected under the Voting Rights
Act of 1965 (52 U.S.C. Section 10301 et seq.) a meaningful
opportunity to participate in the development of this state's
redistricting plans; and
(2) take into consideration the analytical skills of
the individuals selected in relevant fields, including mapping,
data management, law, community outreach, demography, and the
geography of this state, and their ability to work on an impartial
basis.
Sec. 23. INTERVIEWS OF APPLICANTS. To assist the
nonpartisan agency in developing the selection pool under this
part, the nonpartisan agency shall conduct interviews of applicants
under oath. If an individual is included in a selection pool
developed under this part, all of the interviews of the individual
shall be transcribed and the transcriptions made available on the
nonpartisan agency's public Internet website at the same time the
report under Section 26 of this article is released.
Sec. 24. POLITICAL PARTY AFFILIATION OF SELECTION POOL
MEMBERS. For purposes of this subchapter, an individual is
considered to be affiliated with a political party only if the
nonpartisan agency is able to verify, to the greatest extent
possible, the information the individual provides in the
application submitted under Section 17(3) of this article,
including by considering additional information provided by other
persons with knowledge of the individual's history of political
activity.
Sec. 25. ENCOURAGING APPLICATIONS FOR POOL. The
nonpartisan agency shall take steps necessary to ensure that
residents of the state across various geographic regions and
demographic groups are aware of the opportunity to serve as
commission members, including publicizing the role of the
commission and using newspapers, broadcast media, online sources,
and ethnic media, to encourage individuals to apply for inclusion
in the selection pool developed under this part.
Sec. 26. REPORT ON ESTABLISHMENT OF POOL. At the time the
nonpartisan agency submits the selection pool to the select
committee under Section 21 of this article, the nonpartisan agency
shall publish and post on the agency's public Internet website a
report describing the process by which the pool was developed,
including a description of how the individuals in the pool meet the
eligibility criteria of Part 1 of this subchapter and how the pool
reflects the factors the agency is required to take into
consideration under Section 22 of this article.
Sec. 27. PUBLIC COMMENT ON POOL. During the 14 days after
the nonpartisan agency publishes the report under Section 26 of
this article, the agency shall accept comments from the public on
the individuals included in the selection pool. The agency shall
post all comments on the agency's public Internet website as soon as
practicable after receipt and shall transmit them to the select
committee at the end of the comment period.
Sec. 28. ACTION BY SELECT COMMITTEE. (a) The select
committee shall, 15 to 21 days after receiving the selection pool
from the nonpartisan agency under Section 21 of this article:
(1) approve the pool as submitted by the nonpartisan
agency, in which case the pool becomes the approved selection pool
for purposes of Section 2 of this article; or
(2) reject the pool, in which case the nonpartisan
agency shall develop and submit a new selection pool as provided by
Part 3 of this subchapter.
(b) If the select committee fails to approve or reject the
pool by the deadline provided by Subsection (a) of this section, the
pool is considered rejected under Subsection (a)(2) of this
section.
PART 3. REPLACEMENT SELECTION POOL
Sec. 29. REPLACEMENT POOL. If the select committee rejects
the selection pool submitted by the nonpartisan agency under Part 2
of this subchapter, the nonpartisan agency shall, not later than 14
days after the rejection, develop and submit to the select
committee a replacement selection pool in the same manner provided
for the development and submission of the selection pool under
Sections 21 through 27 of this article. The replacement pool
submitted under this section may include individuals who were
included in the rejected selection pool submitted under Part 2 of
this subchapter if at least one individual in the replacement pool
was not included in the rejected pool.
Sec. 30. ACTION BY SELECT COMMITTEE. (a) Not later than 21
days after receiving the replacement selection pool from the
nonpartisan agency under Section 29 of this article, the select
committee shall:
(1) approve the pool as submitted by the nonpartisan
agency, in which case the pool becomes the approved selection pool
for purposes of Section 2 of this article; or
(2) reject the pool, in which case the nonpartisan
agency shall develop and submit a second replacement selection pool
as provided by Part 4 of this subchapter.
(b) If the select committee fails to approve or reject the
pool by the deadline provided by Subsection (a) of this section, the
pool is considered rejected under Subsection (a)(2) of this
section.
PART 4. SECOND REPLACEMENT SELECTION POOL
Sec. 31. SECOND REPLACEMENT POOL. If the select committee
rejects the replacement selection pool submitted by the nonpartisan
agency under Part 3 of this subchapter, the nonpartisan agency
shall, not later than 14 days after the rejection, develop and
submit to the select committee a second replacement selection pool,
in the same manner provided for the development and submission of
the selection pool under Sections 21 through 27 of this article.
The second replacement selection pool submitted under this section
may include individuals who were included in the rejected selection
pool under Part 2 of this subchapter or the rejected replacement
selection pool under Part 3 of this subchapter if at least one
individual in the second replacement pool was not included in
either rejected pool.
Sec. 32. ACTION BY SELECT COMMITTEE. (a) On the 14th or
15th day after receiving the second replacement selection pool from
the nonpartisan agency under Section 31 of this article, the select
committee shall:
(1) approve the pool as submitted by the nonpartisan
agency, in which case the pool becomes the approved selection pool
for purposes of Section 2 of this article; or
(2) reject the pool.
(b) If the select committee fails to approve or reject the
pool by the deadline provided by Subsection (a) of this section, the
pool is considered rejected under Subsection (a)(2) of this
section.
(c) If the select committee rejects the second replacement
pool under Section 31 of this article, this state shall petition:
(1) a federal court to order a remedial redistricting
plan for the election of members of congress; and
(2) a state or federal court to order a remedial
redistricting plan for the election of members of the Texas Senate
and Texas House of Representatives.
SUBCHAPTER D. CRITERIA FOR REDISTRICTING PLAN; PUBLIC NOTICE AND
INPUT
PART 1. DEVELOPMENT OF REDISTRICTING PLAN
Sec. 33. CRITERIA. (a) In this section, "community of
interest" means an area with recognized similarities of interests,
including ethnic, racial, economic, tribal, social, cultural,
geographic, or historic identities. The term may, in certain
circumstances, include political subdivisions such as counties,
municipalities, tribal lands and reservations, or school
districts. The term does not include common relationships with
political parties or political candidates.
(b) A redistricting plan shall establish single-member
districts using the following criteria in the following order of
priority:
(1) districts shall comply with the United States
Constitution, including the requirement that districts equalize
total population;
(2) districts shall comply with the Voting Rights Act
of 1965 (52 U.S.C. Section 10301 et seq.) and all applicable federal
laws;
(3) districts for the election of members of the Texas
Senate or Texas House of Representatives shall comply with all
applicable laws of this state;
(4) districts shall provide racial, ethnic, and
language minorities with an equal opportunity to participate in the
political process and to elect candidates of choice and may not
dilute or diminish their ability to elect candidates of choice
whether alone or in coalition with others; and
(5) districts shall respect communities of interest,
neighborhoods, and political subdivisions to the extent
practicable and after compliance with the requirements of
Subdivisions (1) through (4).
Sec. 34. NO FAVORING OR DISFAVORING OF POLITICAL PARTIES.
(a) A redistricting plan may not, when considered on a statewide
basis, unfairly favor or disfavor any political party.
(b) For purposes of Subsection (a) of this section, the
determination of whether a redistricting plan has the effect of
unfairly favoring or disfavoring a political party shall be based
on the totality of circumstances, including whether the plan
results in durable partisan bias as determined by scientifically
accepted measures of partisan fairness and whether there are
alternative plans that would have complied with the requirements of
law and resulted in less durable levels of partisan bias.
Notwithstanding this subsection, a redistricting plan may not be
found to be in violation of Subsection (a) of this section because
of application of the criteria provided by Sections 33(b)(1), (2),
(3), and (4) of this article.
Sec. 35. FACTORS PROHIBITED FROM CONSIDERATION. In
developing a redistricting plan, the commission may not take into
consideration any of the following factors, except to the extent
necessary to comply with the criteria provided by Sections
33(b)(1), (2), (3), and (4) and Section 34 of this article and to
enable the redistricting plan to be measured against the external
metrics described by Section 51 of this article:
(1) the residence of any member of the United States
House of Representatives, the Texas Senate, or the Texas House of
Representatives or a candidate for one of those offices; or
(2) the political party affiliation or voting history
of the population of a district.
PART 2. PUBLIC NOTICE AND INPUT
Sec. 36. USE OF OPEN AND TRANSPARENT PROCESS. The
independent redistricting commission shall hold each of its
meetings in public, shall solicit and take into consideration
comments from the public, including proposed maps, throughout the
process of developing a redistricting plan, and shall carry out its
duties in an open and transparent manner that provides for the
widest public dissemination reasonably possible of its proposed and
final redistricting plans.
Sec. 37. WEBSITE. (a) The commission shall maintain a
public Internet website that is not affiliated with or maintained
by the office of any elected official and that includes the
following features:
(1) general information on the commission, its role in
the redistricting process, and its members, including contact
information;
(2) an updated schedule of commission hearings and
activities, including deadlines for the submission of comments;
(3) all preliminary redistricting plans developed by
the commission under Part 3 of this subchapter, each final
redistricting plan developed under Part 4 of this subchapter, and
the written evaluation under Part 5 of this subchapter;
(4) all comments received from the public on the
commission's activities, including any proposed maps submitted
under Section 36 of this article;
(5) livestreaming of commission hearings and an
archive of previous meetings, including any documents considered at
any meeting, which the commission shall post not later than 24
hours after the conclusion of the meeting;
(6) access in an easily usable format to the
demographic and other data used by the commission to develop and
analyze the proposed redistricting plans, together with access to
any software used to draw maps of proposed districts and any reports
analyzing and evaluating any redistricting maps;
(7) a method by which members of the public may submit
comments and proposed maps directly to the commission;
(8) all records of the commission, including all
communications to or from members, employees, and contractors
regarding the work of the commission;
(9) a list of all contractors receiving payment from
the commission, together with the annual disclosures submitted by
the contractors under Section 12 of this article; and
(10) a list of the names of all individuals who
submitted applications to serve on the commission, together with
the applications submitted by individuals included in any selection
pool, except that the commission may redact from applications any
financial or other personally sensitive information.
(b) The commission shall ensure that all information posted
and maintained on the website under this section, including
information and proposed maps submitted by the public, be
maintained in an easily searchable format.
(c) The commission shall ensure that the website under this
section is operational, in at least a preliminary format, not later
than January 1 of the year ending in the numeral one.
Sec. 38. PUBLIC COMMENT PERIOD. The commission shall
solicit, accept, and consider comments from the public with respect
to its duties, activities, and procedures at any time during the
period:
(1) beginning January 1 of the year ending in the
numeral one; and
(2) ending seven days before the date of the meeting at
which the commission votes on approving the final redistricting
plans for enactment into law under Section 48 of this article.
Sec. 39. MEETINGS AND HEARINGS IN VARIOUS GEOGRAPHIC
LOCATIONS. To the greatest extent practicable, the commission
shall hold its meetings and hearings in various geographic regions
and locations throughout this state.
Sec. 40. MULTIPLE LANGUAGE REQUIREMENTS FOR ALL NOTICES.
The commission shall make each notice that is required to be posted
and published under this subchapter available in any language in
which this state, or any jurisdiction in this state, is required to
provide election materials under Section 203, Voting Rights Act of
1965 (52 U.S.C. Section 10503).
PART 3. DEVELOPMENT AND PUBLICATION OF PRELIMINARY REDISTRICTING
PLAN
Sec. 41. PRELIMINARY PLAN. Before developing and
publishing a final redistricting plan under Part 4 of this
subchapter, the commission shall develop and publish a preliminary
version of the plan.
Sec. 42. HEARINGS AND COMMENT BEFORE DEVELOPMENT. (a)
Before developing a preliminary redistricting plan under this part,
the commission shall hold at least three public hearings at which
members of the public may provide input and comments regarding the
potential contents of redistricting plans for this state and the
process by which the commission will develop each preliminary plan
under this part.
(b) At least 14 days before the date of each hearing held
under this section, the commission shall post notices of the
hearing on the website maintained under Section 37 of this article
and shall provide for the publication of notices in newspapers of
general circulation throughout this state. Each notice must specify
the date, time, and location of the hearing.
(c) Any member of the public may submit maps or portions of
maps for consideration by the commission. Each map shall be made
publicly available on the commission's Internet website and open to
comment as provided by Section 37(a) of this article.
Sec. 43. PUBLICATION OF PRELIMINARY PLAN. (a) The
commission shall post each preliminary redistricting plan
developed under this part, together with a report that includes the
commission's responses to any public comments received under
Section 38 of this article, on the website maintained under Section
37 of this article and shall provide for the publication of each
plan in newspapers of general circulation throughout this state.
(b) At least 14 days before the date the commission posts
and publishes the preliminary plans under this section, the
commission shall notify the public through the website maintained
under Section 37 of this article, as well as through publication of
notice in newspapers of general circulation throughout this state,
of the pending publication of the plans.
Sec. 44. PUBLIC COMMENT AFTER PUBLICATION. The commission
shall accept and consider comments from the public, including
through the website maintained under Section 37 of this article,
with respect to the preliminary redistricting plan published under
Section 43 of this article, including proposed revisions to maps,
for at least 30 days after the date on which the plan is published.
Sec. 45. HEARINGS AFTER PUBLICATION. (a) After posting and
publishing the preliminary redistricting plans under Section 43 of
this article, the commission shall hold at least three public
hearings in different geographic areas of this state at which
members of the public may provide input and comments regarding each
preliminary plan.
(b) At least 14 days before the date of each hearing held
under this section, the commission shall post notices of the
hearing on the website maintained under Section 37 of this article
and shall provide for the publication of notices in newspapers of
general circulation throughout this state. Each notice must
specify the date, time, and location of the hearing.
Sec. 46. MULTIPLE PRELIMINARY PLANS. At the option of the
commission, after developing and publishing preliminary
redistricting plans under this part, the commission may develop and
publish subsequent preliminary redistricting plans. The process
for the development and publication of each subsequent plan must
meet the requirements of this part for the development and
publication of the first preliminary redistricting plan.
PART 4. PROCESS FOR ENACTMENT OF FINAL REDISTRICTING PLAN
Sec. 47. FINAL PLAN. After taking into consideration
comments from the public on any preliminary redistricting plan
developed and published under Part 3 of this subchapter, the
commission shall develop and publish final redistricting plans.
Sec. 48. MEETING; FINAL VOTE. Not later than the deadline
provided by Section 52 of this article, the commission shall hold a
public hearing at which the members of the commission shall vote on
approving each final redistricting plan for enactment into law.
Sec. 49. PUBLICATION OF PLAN AND MATERIALS. At least 14
days before the date of the meeting under Section 48 of this
article, the commission shall provide the following information to
the public through the website maintained under Section 37 of this
article, as well as through newspapers of general circulation
throughout this state:
(1) each final redistricting plan, including all
relevant maps;
(2) a report by the commission to accompany each plan
that provides the background for the plan and the commission's
reasons for selecting the plan as the final redistricting plan,
including responses to the public comments received on any
preliminary redistricting plan developed and published under Part 3
of this subchapter; and
(3) any dissenting or additional views with respect to
each plan by individual members of the commission.
Sec. 50. ENACTMENT. A final redistricting plan developed
and published under this part becomes law on the 45th day after:
(1) the final plan is approved by a majority of the
whole membership of the commission; and
(2) at least one commission member from each category
of the selection pool approves the final plan.
PART 5. WRITTEN EVALUATION OF PLAN AGAINST EXTERNAL METRICS
Sec. 51. WRITTEN EVALUATION. The commission shall include
with each redistricting plan developed and published under this
subchapter a written evaluation that measures each plan against
external metrics that cover the criteria provided by Section 33 of
this article, including the impact of the plan on the ability of
communities of color to elect candidates of choice, measures of
partisan fairness using multiple accepted methodologies, and the
degree to which the plan preserves or divides communities of
interest.
PART 6. TIMING
Sec. 52. PERIOD FOR DEVELOPMENT OF PLAN. The commission may
begin its work on a redistricting plan immediately on receipt of
relevant population information from the United States Census
Bureau. The commission shall approve each final redistricting plan
each year ending in the numeral one on or before the later of:
(1) eight months after the date on which this state
receives the state apportionment notice; or
(2) October 1.
SUBCHAPTER E. ESTABLISHMENT OF RELATED ENTITIES
PART 1. NONPARTISAN LEGISLATIVE AGENCY
Sec. 53. ESTABLISHMENT. The legislature by general law
shall establish a nonpartisan agency in the legislative branch of
state government to appoint the members of the commission as
provided by Subchapter B of this article.
Sec. 54. NONPARTISANSHIP. For purposes of this part, an
agency shall be considered to be nonpartisan if under law the
agency:
(1) is required to provide services on a nonpartisan
basis;
(2) is required to maintain impartiality; and
(3) is prohibited from advocating for the adoption or
rejection of any legislative proposal.
Sec. 55. TRAINING OF COMMISSION MEMBERS. Not later than
January 15 of a year ending in the numeral one, the nonpartisan
agency shall provide commission members with initial training on
their obligations, including obligations under the Voting Rights
Act of 1965 (52 U.S.C. Section 10301 et seq.) and other applicable
laws.
Sec. 56. RULES. The nonpartisan agency shall adopt and
publish rules, after notice and opportunity for comment,
establishing the procedures that the agency will follow in
fulfilling its duties under this article, including the procedures
to be used in vetting the qualifications and political affiliation
of applicants and in creating the selection pools, the randomized
process to be used in selecting the initial commission members, and
the rules the agency will apply to ensure that the agency carries
out its duties under this article in a maximally transparent,
publicly accessible, and impartial manner.
Sec. 57. DESIGNATION OF EXISTING AGENCY. The legislature
by general law may designate an existing agency in the legislative
branch of government to appoint the members of the commission under
this article if the agency meets the requirements for
nonpartisanship under this part.
Sec. 58. TERMINATION OF SPECIALLY ESTABLISHED AGENCY. If
the legislature does not designate an existing agency under Section
57 of this article but instead establishes a new agency to serve as
the nonpartisan agency under this subchapter, the new agency shall
terminate on the enactment into law of all redistricting plans.
Sec. 59. PRESERVATION OF RECORDS. The legislature shall
ensure that the records of the nonpartisan agency are retained in an
appropriate state archive in a manner that enables the state to
respond to any civil action brought with respect to congressional
redistricting in the state.
Sec. 60. DEADLINE. The legislature shall meet the
requirements of this part not later than October 15 of each year
ending in the numeral nine.
PART 2. SELECT COMMITTEE ON REDISTRICTING
Sec. 61. SELECT COMMITTEE. The legislature shall appoint a
select committee on redistricting to approve or disapprove a
selection pool under Subchapter C of this article.
Sec. 62. APPOINTMENT. The select committee consists of the
following four members:
(1) one member of the senate appointed by the most
senior member of the senate who belongs to the political party with
the most members in the senate;
(2) one member of the senate appointed by the most
senior member of the senate who belongs to the political party with
the second greatest number of members in the senate;
(3) one member of the house of representatives
appointed by the most senior member of the house who belongs to the
political party with the most members in the house; and
(4) one member of the house of representatives
appointed by the most senior member of the house who belongs to the
political party with the second greatest number of members in the
house.
Sec. 63. DEADLINE. The legislature shall meet the
requirements of this part not later than January 15 of each year
ending in the numeral zero.
SECTION 4. Section 28, Article III, Texas Constitution, is
repealed.
SECTION 5. 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 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.
(b) On January 1, 2029:
(1) the amendments to Sections 7a(e) and (i), Article
V, of this constitution take effect;
(2) the repeal of Section 28, Article III, of this
constitution takes effect; and
(3) Section 28a, Article III, and Article XVIII of
this constitution take effect.
(c) This temporary provision expires January 1, 2030.
SECTION 6. 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
proposition: "The constitutional amendment 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."