Texas 2023 - 88th Regular

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1	1	88R195 BEF-D
2	2	By: Johnson S.J.R. No. 12
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment establishing an independent
7	7	redistricting commission to establish districts for the election of
8	8	the members of the United States House of Representatives elected
9	9	from this state, the Texas Senate, and the Texas House of
10	10	Representatives.
11	11	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article III, Texas Constitution, is amended by
13	13	adding Section 28a to read as follows:
14	14	Sec. 28a. The independent redistricting commission
15	15	established under Article XVIII of this constitution exercises the
16	16	legislative authority of this state to adopt redistricting plans
17	17	for the election of members of the United States House of
18	18	Representatives elected from this state, the Texas House of
19	19	Representatives, and the Texas Senate. Districts for those
20	20	legislative bodies may not be established or changed except as
21	21	provided by that article.
22	22	SECTION 2. Sections 7a(e) and (i), Article V, Texas
23	23	Constitution, are amended to read as follows:
24	24	(e) Unless the legislature enacts a statewide
25	25	reapportionment of the judicial districts following each federal
26	26	decennial census, the board shall convene not later than the first
27	27	Monday of June of the third year following the year in which the
28	28	federal decennial census is taken to make a statewide
29	29	reapportionment of the districts. The board shall complete its
30	30	work on the reapportionment and file its order with the secretary of
31	31	state not later than August 31 of the same year. If the Judicial
32	32	Districts Board fails to make a statewide apportionment by that
33	33	date, the independent redistricting commission [Legislative
34	34	Redistricting Board] established under [by] Article XVIII [III,
35	35	Section 28,] of this constitution shall convene on September 1 of
36	36	the same year to make a statewide reapportionment of the judicial
37	37	districts not later than the 90th [150th] day after the final day
38	38	for the Judicial Districts Board to make the reapportionment.
39	39	(i) The legislature, the Judicial Districts Board, or the
40	40	independent redistricting commission [Legislative Redistricting
41	41	Board] may not redistrict the judicial districts to provide for any
42	42	judicial district smaller in size than an entire county except as
43	43	provided by this section. Judicial districts smaller in size than
44	44	the entire county may be created subsequent to a general election
45	45	where a majority of the persons voting on the proposition adopt the
46	46	proposition "to allow the division of ____________ County into
47	47	judicial districts composed of parts of ____________ County." No
48	48	redistricting plan may be proposed or adopted by the legislature,
49	49	the Judicial Districts Board, or the independent redistricting
50	50	commission [Legislative Redistricting Board] in anticipation of a
51	51	future action by the voters of any county.
52	52	SECTION 3. The Texas Constitution is amended by adding
53	53	Article XVIII to read as follows:
54	54	ARTICLE XVIII. INDEPENDENT REDISTRICTING COMMISSION
55	55	SUBCHAPTER A. GENERAL PROVISIONS
56	56	Sec. 1. DEFINITIONS. In this article:
57	57	(1) "Commission" means the independent redistricting
58	58	commission established under this article.
59	59	(2) "Nonpartisan agency" means the agency designated
60	60	or established under Part 1, Subchapter E, of this article.
61	61	(3) "Redistricting plan" means a plan that establishes
62	62	the boundaries of districts used for the election of the members of,
63	63	as applicable:
64	64	(A) the United States House of Representatives
65	65	elected from this state;
66	66	(B) the Texas Senate; or
67	67	(C) the Texas House of Representatives.
68	68	(4) "Select committee" means the committee appointed
69	69	under Part 2, Subchapter E, of this article.
70	70	(5) "Selection pool" means the approved selection pool
71	71	under Part 2, Subchapter C, of this article.
72	72	SUBCHAPTER B. COMMISSION
73	73	PART 1. APPOINTMENT OF MEMBERS
74	74	Sec. 2. APPOINTMENT. (a) The nonpartisan agency shall
75	75	establish an independent redistricting commission for this state
76	76	consisting of 15 members appointed under this section.
77	77	(b) Not later than October 1 of a year ending in the numeral
78	78	zero, the nonpartisan agency shall, at a public meeting held at
79	79	least 15 days after notice of the meeting is given to the public,
80	80	appoint the following six commission members:
81	81	(1) two members chosen at random from the majority
82	82	category of the selection pool;
83	83	(2) two members chosen at random from the minority
84	84	category of the selection pool; and
85	85	(3) two members chosen at random from the independent
86	86	category of the selection pool.
87	87	(c) Not later than November 15 of a year ending in the
88	88	numeral zero, the commission members appointed under Subsection (b)
89	89	of this section shall, at a public meeting held at least 15 days
90	90	after notice of the meeting is given to the public, appoint the
91	91	following nine commission members:
92	92	(1) three members selected from the majority category
93	93	of the selection pool;
94	94	(2) three members selected from the minority category
95	95	of the selection pool; and
96	96	(3) three members selected from the independent
97	97	category of the selection pool.
98	98	Sec. 3. RULES FOR APPOINTMENT OF CERTAIN MEMBERS. (a) The
99	99	appointment of a commission member under Section 2(c) or 5(b) of
100	100	this article and the selection of an alternate member under Section
101	101	4(b) of this article requires the affirmative vote of at least four
102	102	of the members appointed under Section 2(b) of this article,
103	103	including at least one member chosen from each category of the
104	104	selection pool.
105	105	(b) In appointing commission members under Section 2(c) or
106	106	5(b) of this article and selecting alternate members under Section
107	107	4(b) of this article, the commission members appointed under
108	108	Section 2(b) of this article shall ensure that the membership of the
109	109	commission:
110	110	(1) is representative of the demographic groups,
111	111	including racial, ethnic, economic, and gender groups, and
112	112	geographic regions of this state; and
113	113	(2) provides racial, ethnic, and language minorities
114	114	protected under the Voting Rights Act of 1965 (52 U.S.C. Section
115	115	10301 et seq.) with a meaningful opportunity to participate in the
116	116	development of this state's redistricting plans.
117	117	Sec. 4. DESIGNATION OF ALTERNATE MEMBERS. (a) When the
118	118	nonpartisan agency appoints commission members under Section 2(b)
119	119	of this article, the agency shall choose at random two other
120	120	individuals from each category of the selection pool to serve as
121	121	alternate members.
122	122	(b) When the commission members appointed under Section
123	123	2(b) of this article appoint the remaining commission members under
124	124	Section 2(c) of this article, the members appointed under Section
125	125	2(b) shall select two other individuals from each category of the
126	126	selection pool to serve as alternate members.
127	127	Sec. 5. APPOINTMENT OF ALTERNATE MEMBERS TO FILL VACANCIES.
128	128	(a) If a commission member appointed under Section 2(b) of this
129	129	article vacates the member's position, the nonpartisan agency shall
130	130	choose at random one of the alternate members under Section 4(a) of
131	131	this article to fill the vacancy from the same category of the
132	132	selection pool as the vacating member. The agency shall also choose
133	133	at random another individual from the same category of the
134	134	selection pool to replace the alternate member.
135	135	(b) If a member appointed under Section 2(c) of this article
136	136	vacates the member's position, the members appointed under Section
137	137	2(b) of this article shall select one of the alternate members under
138	138	Section 4(b) of this article to fill the vacancy from the same
139	139	category of the selection pool as the vacating member. The members
140	140	appointed under Section 2(b) shall also select another individual
141	141	from the same category of the selection pool to replace the
142	142	alternate member.
143	143	Sec. 6. REMOVAL OF COMMISSION MEMBER. A commission member
144	144	may be removed by a majority vote of the remaining commission
145	145	members if it is shown by a preponderance of the evidence that the
146	146	person is not eligible to serve on the commission under Part 1,
147	147	Subchapter C, of this article.
148	148	PART 2. PROCEDURES FOR CONDUCTING COMMISSION BUSINESS
149	149	Sec. 7. CHAIR. The commission members shall select by
150	150	majority vote one member who was appointed from the independent
151	151	category of the selection pool to serve as chair of the commission.
152	152	The commission may not take any action to develop a redistricting
153	153	plan for this state under Subchapter D of this article before the
154	154	appointment of the chair.
155	155	Sec. 8. VOTE REQUIRED FOR CERTAIN ACTIONS. The commission
156	156	may not publish and disseminate any preliminary or final
157	157	redistricting plan, or take any other action, without the approval
158	158	of at least:
159	159	(1) a majority of the members of the commission; and
160	160	(2) one commission member from each category of the
161	161	selection pool.
162	162	Sec. 9. QUORUM. A majority of the members of the commission
163	163	constitutes a quorum.
164	164	PART 3. STAFF; CONTRACTORS
165	165	Sec. 10. COMMISSION STAFF. The commission shall appoint
166	166	and set the pay of technical experts, legal counsel, consultants,
167	167	and other staff the commission considers appropriate, subject to
168	168	general law. The application process must be public and all
169	169	application materials must be made available for public inspection.
170	170	Sec. 11. CONTRACTORS. The commission may enter into
171	171	contracts with vendors as the commission considers appropriate,
172	172	subject to general law. A contract must be approved by a majority
173	173	vote of the commission members, including at least one member from
174	174	each category of the selection pool.
175	175	Sec. 12. REPORTS REGARDING POLITICAL EXPENDITURES. (a) In
176	176	this section, "expenditure for political activity" means a
177	177	disbursement for:
178	178	(1) an independent expenditure, as defined by Section
179	179	301(17) of the Federal Election Campaign Act of 1971 (52 U.S.C.
180	180	Section 30101(17));
181	181	(2) an electioneering communication, as defined by
182	182	Section 304(f)(3) of the Federal Election Campaign Act of 1971 (52
183	183	U.S.C. Section 30104(f)(3)), or any other public communication, as
184	184	defined by Section 301(22) of that Act (52 U.S.C. Section
185	185	30101(22)), that would be an electioneering communication if it
186	186	were a broadcast, cable, or satellite communication; or
187	187	(3) any dues or other payments to a trade association
188	188	or organization exempt from tax under Section 501(a) of the
189	189	Internal Revenue Code of 1986 by reason of being listed under
190	190	Section 501(c) of that code that are, or could reasonably be
191	191	anticipated to be, used or transferred to another association or
192	192	organization for a use described by Section 501(c)(1), (2), or (3)
193	193	of that code.
194	194	(b) Each individual who applies for a position as an
195	195	employee of the commission and each vendor who applies for a
196	196	contract with the commission shall, at the time of application,
197	197	file with the commission a report summarizing:
198	198	(1) any expenditure for political activity made by the
199	199	individual or vendor during the 10 most recent calendar years; and
200	200	(2) any income received by the individual or vendor
201	201	during the 10 most recent calendar years that is attributable to an
202	202	expenditure for political activity.
203	203	(c) Each employee or vendor of the commission shall, not
204	204	later than the first anniversary of becoming an employee or vendor,
205	205	file with the commission a report summarizing the expenditures and
206	206	income described by Subsection (b) of this section during the 10
207	207	most recent calendar years. The employee or vendor shall file a
208	208	subsequent report for each year during any part of which the person
209	209	serves as an employee or a vendor.
210	210	Sec. 13. GOAL OF IMPARTIALITY. The commission shall take
211	211	appropriate steps to ensure that any staff appointed under this
212	212	part and any vendor with whom the commission enters into a contract
213	213	under this part will work in an impartial manner. The commission
214	214	may require an applicant for a staff position or contract to provide
215	215	information on the person's history of political activity beyond
216	216	the information required in the reports under Section 12 of this
217	217	article, including donations to candidates, political committees,
218	218	and political parties.
219	219	Sec. 14. DISQUALIFICATION; WAIVER. (a) The commission may
220	220	not appoint an individual as an employee or enter into a contract
221	221	with a vendor if the individual or vendor would be disqualified from
222	222	serving as a commission member under Section 18 of this article.
223	223	(b) The commission may by unanimous vote of its members
224	224	waive the application of Subsection (a) of this section to an
225	225	individual or a vendor after receiving and reviewing the person's
226	226	report under Section 12 of this article.
227	227	PART 4. TERMINATION OF COMMISSION
228	228	Sec. 15. TERMINATION. The terms of commission members
229	229	expire on the earlier of:
230	230	(1) June 14 of the year ending in the numeral zero
231	231	following appointment; or
232	232	(2) the day on which the nonpartisan agency submits a
233	233	selection pool to the select committee under Section 21 of this
234	234	article.
235	235	Sec. 16. PRESERVATION OF RECORDS. The legislature shall
236	236	ensure that the records of the commission are retained in an
237	237	appropriate state archive that allows this state to respond to any
238	238	civil action brought with respect to congressional redistricting in
239	239	this state.
240	240	SUBCHAPTER C. ESTABLISHMENT OF SELECTION POOL
241	241	PART 1. CRITERIA FOR ELIGIBILITY
242	242	Sec. 17. ELIGIBILITY. An individual is eligible to serve as
243	243	a commission member if:
244	244	(1) on the date of appointment, the individual is
245	245	registered to vote in elections for federal office held in this
246	246	state;
247	247	(2) during the three years preceding the date of
248	248	appointment, the individual has been affiliated with only one
249	249	political party or has not been affiliated with any political
250	250	party; and
251	251	(3) the individual submits to the nonpartisan agency,
252	252	at a time and in a form required by the agency, an application for
253	253	inclusion in the selection pool under this subchapter and includes
254	254	with the application a written statement, with an attestation under
255	255	penalty of perjury, containing the following information and
256	256	assurances:
257	257	(A) the individual's full current name, all of
258	258	the individual's former names, and the individual's contact
259	259	information including electronic mail address, residence address,
260	260	mailing address, and telephone numbers;
261	261	(B) the individual's race, ethnicity, gender,
262	262	age, date of birth, and household income for the most recent taxable
263	263	year;
264	264	(C) the political party with which the individual
265	265	is affiliated, if any;
266	266	(D) the reasons the individual desires to serve
267	267	as a member of the commission, the individual's qualifications, and
268	268	information relevant to the individual's ability to be fair and
269	269	impartial including:
270	270	(i) any involvement with, or financial
271	271	support of, a professional, social, political, religious, or
272	272	community organization or cause; and
273	273	(ii) the individual's employment and
274	274	educational history;
275	275	(E) an assurance that the individual will commit
276	276	to carrying out the individual's duties under this article in an
277	277	honest, independent, and impartial fashion and upholding public
278	278	confidence in the integrity of the redistricting process; and
279	279	(F) an assurance that, during the covered periods
280	280	described by Section 19 of this article, the individual has not
281	281	taken and will not take any action that would disqualify the
282	282	individual from serving as a commission member under Section 18 of
283	283	this article.
284	284	Sec. 18. DISQUALIFICATIONS. An individual is not eligible
285	285	to serve as a commission member if, during any of the covered
286	286	periods described by Section 19 of this article:
287	287	(1) the individual or, in the case of the covered
288	288	periods described by Sections 19(1) and (2) of this article, an
289	289	immediate family member of the individual holds public office or is
290	290	a candidate for election to public office;
291	291	(2) the individual or, in the case of the covered
292	292	periods described by Sections 19(1) and (2) of this article, an
293	293	immediate family member of the individual, serves as an officer of a
294	294	political party or as an officer, employee, or paid consultant of a
295	295	campaign committee of a candidate for public office or of any
296	296	political action committee, as determined under general law;
297	297	(3) the individual or, in the case of the covered
298	298	periods described by Sections 19(1) and (2) of this article, an
299	299	immediate family member of the individual, holds a position as a
300	300	registered lobbyist under the Lobbying Disclosure Act of 1995
301	301	(2 U.S.C. Section 1601 et seq.) or an equivalent state or local law;
302	302	(4) the individual or, in the case of the covered
303	303	periods described by Sections 19(1) and (2) of this article, an
304	304	immediate family member of the individual, is an employee of an
305	305	elected public official, a contractor with this state, or a donor to
306	306	the campaign of any candidate for public office or to any political
307	307	action committee, other than a donor who, during any covered
308	308	period, gives an aggregate amount of $1,000 or less to the campaigns
309	309	of all candidates for all public offices and to all political action
310	310	committees;
311	311	(5) the individual paid a civil penalty or criminal
312	312	fine or was sentenced to a term of imprisonment for violating any
313	313	provision of the Federal Election Campaign Act of 1971 (52 U.S.C.
314	314	Section 30101 et seq.); or
315	315	(6) the individual or, in the case of the covered
316	316	periods described by Sections 19(1) and (2) of this article, an
317	317	immediate family member of the individual, is an agent of a foreign
318	318	principal under the Foreign Agents Registration Act of 1938
319	319	(22 U.S.C. Section 611 et seq.).
320	320	Sec. 19. COVERED PERIODS. In this part, "covered period"
321	321	means, with respect to the appointment of a commission member:
322	322	(1) the 10-year period preceding the date of the
323	323	member's appointment;
324	324	(2) the period beginning on the date of the
325	325	individual's appointment and ending on August 14 of the next year
326	326	ending in the numeral one; and
327	327	(3) the 10-year period beginning on the day after the
328	328	last day of the period described by Subdivision (2) of this section.
329	329	Sec. 20. IMMEDIATE FAMILY MEMBER. In this part, "immediate
330	330	family member" means, with respect to an individual, a father,
331	331	stepfather, mother, stepmother, son, stepson, daughter,
332	332	stepdaughter, brother, stepbrother, sister, stepsister, husband,
333	333	wife, father-in-law, or mother-in-law.
334	334	PART 2. DEVELOPMENT AND SUBMISSION OF SELECTION POOL
335	335	Sec. 21. SELECTION POOL. Not later than June 15 of each
336	336	year ending in the numeral zero, the nonpartisan agency shall
337	337	develop and submit to the select committee a selection pool of 36
338	338	individuals who are eligible to serve as commission members. The
339	339	selection pool must include:
340	340	(1) a majority category with 12 individuals who are
341	341	affiliated with the political party whose candidate for the highest
342	342	federal office on the ballot in the most recent statewide general
343	343	election received the highest number of votes;
344	344	(2) a minority category with 12 individuals who are
345	345	affiliated with the political party whose candidate for the highest
346	346	federal office on the ballot in the most recent statewide general
347	347	election received the second highest number of votes; and
348	348	(3) an independent category with 12 individuals who
349	349	are not affiliated with either political party described by
350	350	Subdivisions (1) and (2) of this section.
351	351	Sec. 22. FACTORS CONSIDERED IN DEVELOPING POOL. In
352	352	selecting individuals for the selection pool under this part, the
353	353	nonpartisan agency shall:
354	354	(1) ensure that the pool:
355	355	(A) is representative of the demographic groups,
356	356	including racial, ethnic, economic, and gender groups, and
357	357	geographic regions of this state; and
358	358	(B) includes applicants who would allow racial,
359	359	ethnic, and language minorities protected under the Voting Rights
360	360	Act of 1965 (52 U.S.C. Section 10301 et seq.) a meaningful
361	361	opportunity to participate in the development of this state's
362	362	redistricting plans; and
363	363	(2) take into consideration the analytical skills of
364	364	the individuals selected in relevant fields, including mapping,
365	365	data management, law, community outreach, demography, and the
366	366	geography of this state, and their ability to work on an impartial
367	367	basis.
368	368	Sec. 23. INTERVIEWS OF APPLICANTS. To assist the
369	369	nonpartisan agency in developing the selection pool under this
370	370	part, the nonpartisan agency shall conduct interviews of applicants
371	371	under oath. If an individual is included in a selection pool
372	372	developed under this part, all of the interviews of the individual
373	373	shall be transcribed and the transcriptions made available on the
374	374	nonpartisan agency's public Internet website at the same time the
375	375	report under Section 26 of this article is released.
376	376	Sec. 24. POLITICAL PARTY AFFILIATION OF SELECTION POOL
377	377	MEMBERS. For purposes of this subchapter, an individual is
378	378	considered to be affiliated with a political party only if the
379	379	nonpartisan agency is able to verify, to the greatest extent
380	380	possible, the information the individual provides in the
381	381	application submitted under Section 17(3) of this article,
382	382	including by considering additional information provided by other
383	383	persons with knowledge of the individual's history of political
384	384	activity.
385	385	Sec. 25. ENCOURAGING APPLICATIONS FOR POOL. The
386	386	nonpartisan agency shall take steps necessary to ensure that
387	387	residents of the state across various geographic regions and
388	388	demographic groups are aware of the opportunity to serve as
389	389	commission members, including publicizing the role of the
390	390	commission and using newspapers, broadcast media, online sources,
391	391	and ethnic media, to encourage individuals to apply for inclusion
392	392	in the selection pool developed under this part.
393	393	Sec. 26. REPORT ON ESTABLISHMENT OF POOL. At the time the
394	394	nonpartisan agency submits the selection pool to the select
395	395	committee under Section 21 of this article, the nonpartisan agency
396	396	shall publish and post on the agency's public Internet website a
397	397	report describing the process by which the pool was developed,
398	398	including a description of how the individuals in the pool meet the
399	399	eligibility criteria of Part 1 of this subchapter and how the pool
400	400	reflects the factors the agency is required to take into
401	401	consideration under Section 22 of this article.
402	402	Sec. 27. PUBLIC COMMENT ON POOL. During the 14 days after
403	403	the nonpartisan agency publishes the report under Section 26 of
404	404	this article, the agency shall accept comments from the public on
405	405	the individuals included in the selection pool. The agency shall
406	406	post all comments on the agency's public Internet website as soon as
407	407	practicable after receipt and shall transmit them to the select
408	408	committee at the end of the comment period.
409	409	Sec. 28. ACTION BY SELECT COMMITTEE. (a) The select
410	410	committee shall, 15 to 21 days after receiving the selection pool
411	411	from the nonpartisan agency under Section 21 of this article:
412	412	(1) approve the pool as submitted by the nonpartisan
413	413	agency, in which case the pool becomes the approved selection pool
414	414	for purposes of Section 2 of this article; or
415	415	(2) reject the pool, in which case the nonpartisan
416	416	agency shall develop and submit a new selection pool as provided by
417	417	Part 3 of this subchapter.
418	418	(b) If the select committee fails to approve or reject the
419	419	pool by the deadline provided by Subsection (a) of this section, the
420	420	pool is considered rejected under Subsection (a)(2) of this
421	421	section.
422	422	PART 3. REPLACEMENT SELECTION POOL
423	423	Sec. 29. REPLACEMENT POOL. If the select committee rejects
424	424	the selection pool submitted by the nonpartisan agency under Part 2
425	425	of this subchapter, the nonpartisan agency shall, not later than 14
426	426	days after the rejection, develop and submit to the select
427	427	committee a replacement selection pool in the same manner provided
428	428	for the development and submission of the selection pool under
429	429	Sections 21 through 27 of this article. The replacement pool
430	430	submitted under this section may include individuals who were
431	431	included in the rejected selection pool submitted under Part 2 of
432	432	this subchapter if at least one individual in the replacement pool
433	433	was not included in the rejected pool.
434	434	Sec. 30. ACTION BY SELECT COMMITTEE. (a) Not later than 21
435	435	days after receiving the replacement selection pool from the
436	436	nonpartisan agency under Section 29 of this article, the select
437	437	committee shall:
438	438	(1) approve the pool as submitted by the nonpartisan
439	439	agency, in which case the pool becomes the approved selection pool
440	440	for purposes of Section 2 of this article; or
441	441	(2) reject the pool, in which case the nonpartisan
442	442	agency shall develop and submit a second replacement selection pool
443	443	as provided by Part 4 of this subchapter.
444	444	(b) If the select committee fails to approve or reject the
445	445	pool by the deadline provided by Subsection (a) of this section, the
446	446	pool is considered rejected under Subsection (a)(2) of this
447	447	section.
448	448	PART 4. SECOND REPLACEMENT SELECTION POOL
449	449	Sec. 31. SECOND REPLACEMENT POOL. If the select committee
450	450	rejects the replacement selection pool submitted by the nonpartisan
451	451	agency under Part 3 of this subchapter, the nonpartisan agency
452	452	shall, not later than 14 days after the rejection, develop and
453	453	submit to the select committee a second replacement selection pool,
454	454	in the same manner provided for the development and submission of
455	455	the selection pool under Sections 21 through 27 of this article.
456	456	The second replacement selection pool submitted under this section
457	457	may include individuals who were included in the rejected selection
458	458	pool under Part 2 of this subchapter or the rejected replacement
459	459	selection pool under Part 3 of this subchapter if at least one
460	460	individual in the second replacement pool was not included in
461	461	either rejected pool.
462	462	Sec. 32. ACTION BY SELECT COMMITTEE. (a) On the 14th or
463	463	15th day after receiving the second replacement selection pool from
464	464	the nonpartisan agency under Section 31 of this article, the select
465	465	committee shall:
466	466	(1) approve the pool as submitted by the nonpartisan
467	467	agency, in which case the pool becomes the approved selection pool
468	468	for purposes of Section 2 of this article; or
469	469	(2) reject the pool.
470	470	(b) If the select committee fails to approve or reject the
471	471	pool by the deadline provided by Subsection (a) of this section, the
472	472	pool is considered rejected under Subsection (a)(2) of this
473	473	section.
474	474	(c) If the select committee rejects the second replacement
475	475	pool under Section 31 of this article, this state shall petition:
476	476	(1) a federal court to order a remedial redistricting
477	477	plan for the election of members of congress; and
478	478	(2) a state or federal court to order a remedial
479	479	redistricting plan for the election of members of the Texas Senate
480	480	and Texas House of Representatives.
481	481	SUBCHAPTER D. CRITERIA FOR REDISTRICTING PLAN; PUBLIC NOTICE AND
482	482	INPUT
483	483	PART 1. DEVELOPMENT OF REDISTRICTING PLAN
484	484	Sec. 33. CRITERIA. (a) In this section, "community of
485	485	interest" means an area with recognized similarities of interests,
486	486	including ethnic, racial, economic, tribal, social, cultural,
487	487	geographic, or historic identities. The term may, in certain
488	488	circumstances, include political subdivisions such as counties,
489	489	municipalities, tribal lands and reservations, or school
490	490	districts. The term does not include common relationships with
491	491	political parties or political candidates.
492	492	(b) A redistricting plan shall establish single-member
493	493	districts using the following criteria in the following order of
494	494	priority:
495	495	(1) districts shall comply with the United States
496	496	Constitution, including the requirement that districts equalize
497	497	total population;
498	498	(2) districts shall comply with the Voting Rights Act
499	499	of 1965 (52 U.S.C. Section 10301 et seq.) and all applicable federal
500	500	laws;
501	501	(3) districts for the election of members of the Texas
502	502	Senate or Texas House of Representatives shall comply with all
503	503	applicable laws of this state;
504	504	(4) districts shall provide racial, ethnic, and
505	505	language minorities with an equal opportunity to participate in the
506	506	political process and to elect candidates of choice and may not
507	507	dilute or diminish their ability to elect candidates of choice
508	508	whether alone or in coalition with others; and
509	509	(5) districts shall respect communities of interest,
510	510	neighborhoods, and political subdivisions to the extent
511	511	practicable and after compliance with the requirements of
512	512	Subdivisions (1) through (4).
513	513	Sec. 34. NO FAVORING OR DISFAVORING OF POLITICAL PARTIES.
514	514	(a) A redistricting plan may not, when considered on a statewide
515	515	basis, unfairly favor or disfavor any political party.
516	516	(b) For purposes of Subsection (a) of this section, the
517	517	determination of whether a redistricting plan has the effect of
518	518	unfairly favoring or disfavoring a political party shall be based
519	519	on the totality of circumstances, including whether the plan
520	520	results in durable partisan bias as determined by scientifically
521	521	accepted measures of partisan fairness and whether there are
522	522	alternative plans that would have complied with the requirements of
523	523	law and resulted in less durable levels of partisan bias.
524	524	Notwithstanding this subsection, a redistricting plan may not be
525	525	found to be in violation of Subsection (a) of this section because
526	526	of application of the criteria provided by Sections 33(b)(1), (2),
527	527	(3), and (4) of this article.
528	528	Sec. 35. FACTORS PROHIBITED FROM CONSIDERATION. In
529	529	developing a redistricting plan, the commission may not take into
530	530	consideration any of the following factors, except to the extent
531	531	necessary to comply with the criteria provided by Sections
532	532	33(b)(1), (2), (3), and (4) and Section 34 of this article and to
533	533	enable the redistricting plan to be measured against the external
534	534	metrics described by Section 51 of this article:
535	535	(1) the residence of any member of the United States
536	536	House of Representatives, the Texas Senate, or the Texas House of
537	537	Representatives or a candidate for one of those offices; or
538	538	(2) the political party affiliation or voting history
539	539	of the population of a district.
540	540	PART 2. PUBLIC NOTICE AND INPUT
541	541	Sec. 36. USE OF OPEN AND TRANSPARENT PROCESS. The
542	542	independent redistricting commission shall hold each of its
543	543	meetings in public, shall solicit and take into consideration
544	544	comments from the public, including proposed maps, throughout the
545	545	process of developing a redistricting plan, and shall carry out its
546	546	duties in an open and transparent manner that provides for the
547	547	widest public dissemination reasonably possible of its proposed and
548	548	final redistricting plans.
549	549	Sec. 37. WEBSITE. (a) The commission shall maintain a
550	550	public Internet website that is not affiliated with or maintained
551	551	by the office of any elected official and that includes the
552	552	following features:
553	553	(1) general information on the commission, its role in
554	554	the redistricting process, and its members, including contact
555	555	information;
556	556	(2) an updated schedule of commission hearings and
557	557	activities, including deadlines for the submission of comments;
558	558	(3) all preliminary redistricting plans developed by
559	559	the commission under Part 3 of this subchapter, each final
560	560	redistricting plan developed under Part 4 of this subchapter, and
561	561	the written evaluation under Part 5 of this subchapter;
562	562	(4) all comments received from the public on the
563	563	commission's activities, including any proposed maps submitted
564	564	under Section 36 of this article;
565	565	(5) livestreaming of commission hearings and an
566	566	archive of previous meetings, including any documents considered at
567	567	any meeting, which the commission shall post not later than 24
568	568	hours after the conclusion of the meeting;
569	569	(6) access in an easily usable format to the
570	570	demographic and other data used by the commission to develop and
571	571	analyze the proposed redistricting plans, together with access to
572	572	any software used to draw maps of proposed districts and any reports
573	573	analyzing and evaluating any redistricting maps;
574	574	(7) a method by which members of the public may submit
575	575	comments and proposed maps directly to the commission;
576	576	(8) all records of the commission, including all
577	577	communications to or from members, employees, and contractors
578	578	regarding the work of the commission;
579	579	(9) a list of all contractors receiving payment from
580	580	the commission, together with the annual disclosures submitted by
581	581	the contractors under Section 12 of this article; and
582	582	(10) a list of the names of all individuals who
583	583	submitted applications to serve on the commission, together with
584	584	the applications submitted by individuals included in any selection
585	585	pool, except that the commission may redact from applications any
586	586	financial or other personally sensitive information.
587	587	(b) The commission shall ensure that all information posted
588	588	and maintained on the website under this section, including
589	589	information and proposed maps submitted by the public, be
590	590	maintained in an easily searchable format.
591	591	(c) The commission shall ensure that the website under this
592	592	section is operational, in at least a preliminary format, not later
593	593	than January 1 of the year ending in the numeral one.
594	594	Sec. 38. PUBLIC COMMENT PERIOD. The commission shall
595	595	solicit, accept, and consider comments from the public with respect
596	596	to its duties, activities, and procedures at any time during the
597	597	period:
598	598	(1) beginning January 1 of the year ending in the
599	599	numeral one; and
600	600	(2) ending seven days before the date of the meeting at
601	601	which the commission votes on approving the final redistricting
602	602	plans for enactment into law under Section 48 of this article.
603	603	Sec. 39. MEETINGS AND HEARINGS IN VARIOUS GEOGRAPHIC
604	604	LOCATIONS. To the greatest extent practicable, the commission
605	605	shall hold its meetings and hearings in various geographic regions
606	606	and locations throughout this state.
607	607	Sec. 40. MULTIPLE LANGUAGE REQUIREMENTS FOR ALL NOTICES.
608	608	The commission shall make each notice that is required to be posted
609	609	and published under this subchapter available in any language in
610	610	which this state, or any jurisdiction in this state, is required to
611	611	provide election materials under Section 203, Voting Rights Act of
612	612	1965 (52 U.S.C. Section 10503).
613	613	PART 3. DEVELOPMENT AND PUBLICATION OF PRELIMINARY REDISTRICTING
614	614	PLAN
615	615	Sec. 41. PRELIMINARY PLAN. Before developing and
616	616	publishing a final redistricting plan under Part 4 of this
617	617	subchapter, the commission shall develop and publish a preliminary
618	618	version of the plan.
619	619	Sec. 42. HEARINGS AND COMMENT BEFORE DEVELOPMENT. (a)
620	620	Before developing a preliminary redistricting plan under this part,
621	621	the commission shall hold at least three public hearings at which
622	622	members of the public may provide input and comments regarding the
623	623	potential contents of redistricting plans for this state and the
624	624	process by which the commission will develop each preliminary plan
625	625	under this part.
626	626	(b) At least 14 days before the date of each hearing held
627	627	under this section, the commission shall post notices of the
628	628	hearing on the website maintained under Section 37 of this article
629	629	and shall provide for the publication of notices in newspapers of
630	630	general circulation throughout this state. Each notice must specify
631	631	the date, time, and location of the hearing.
632	632	(c) Any member of the public may submit maps or portions of
633	633	maps for consideration by the commission. Each map shall be made
634	634	publicly available on the commission's Internet website and open to
635	635	comment as provided by Section 37(a) of this article.
636	636	Sec. 43. PUBLICATION OF PRELIMINARY PLAN. (a) The
637	637	commission shall post each preliminary redistricting plan
638	638	developed under this part, together with a report that includes the
639	639	commission's responses to any public comments received under
640	640	Section 38 of this article, on the website maintained under Section
641	641	37 of this article and shall provide for the publication of each
642	642	plan in newspapers of general circulation throughout this state.
643	643	(b) At least 14 days before the date the commission posts
644	644	and publishes the preliminary plans under this section, the
645	645	commission shall notify the public through the website maintained
646	646	under Section 37 of this article, as well as through publication of
647	647	notice in newspapers of general circulation throughout this state,
648	648	of the pending publication of the plans.
649	649	Sec. 44. PUBLIC COMMENT AFTER PUBLICATION. The commission
650	650	shall accept and consider comments from the public, including
651	651	through the website maintained under Section 37 of this article,
652	652	with respect to the preliminary redistricting plan published under
653	653	Section 43 of this article, including proposed revisions to maps,
654	654	for at least 30 days after the date on which the plan is published.
655	655	Sec. 45. HEARINGS AFTER PUBLICATION. (a) After posting and
656	656	publishing the preliminary redistricting plans under Section 43 of
657	657	this article, the commission shall hold at least three public
658	658	hearings in different geographic areas of this state at which
659	659	members of the public may provide input and comments regarding each
660	660	preliminary plan.
661	661	(b) At least 14 days before the date of each hearing held
662	662	under this section, the commission shall post notices of the
663	663	hearing on the website maintained under Section 37 of this article
664	664	and shall provide for the publication of notices in newspapers of
665	665	general circulation throughout this state. Each notice must
666	666	specify the date, time, and location of the hearing.
667	667	Sec. 46. MULTIPLE PRELIMINARY PLANS. At the option of the
668	668	commission, after developing and publishing preliminary
669	669	redistricting plans under this part, the commission may develop and
670	670	publish subsequent preliminary redistricting plans. The process
671	671	for the development and publication of each subsequent plan must
672	672	meet the requirements of this part for the development and
673	673	publication of the first preliminary redistricting plan.
674	674	PART 4. PROCESS FOR ENACTMENT OF FINAL REDISTRICTING PLAN
675	675	Sec. 47. FINAL PLAN. After taking into consideration
676	676	comments from the public on any preliminary redistricting plan
677	677	developed and published under Part 3 of this subchapter, the
678	678	commission shall develop and publish final redistricting plans.
679	679	Sec. 48. MEETING; FINAL VOTE. Not later than the deadline
680	680	provided by Section 52 of this article, the commission shall hold a
681	681	public hearing at which the members of the commission shall vote on
682	682	approving each final redistricting plan for enactment into law.
683	683	Sec. 49. PUBLICATION OF PLAN AND MATERIALS. At least 14
684	684	days before the date of the meeting under Section 48 of this
685	685	article, the commission shall provide the following information to
686	686	the public through the website maintained under Section 37 of this
687	687	article, as well as through newspapers of general circulation
688	688	throughout this state:
689	689	(1) each final redistricting plan, including all
690	690	relevant maps;
691	691	(2) a report by the commission to accompany each plan
692	692	that provides the background for the plan and the commission's
693	693	reasons for selecting the plan as the final redistricting plan,
694	694	including responses to the public comments received on any
695	695	preliminary redistricting plan developed and published under Part 3
696	696	of this subchapter; and
697	697	(3) any dissenting or additional views with respect to
698	698	each plan by individual members of the commission.
699	699	Sec. 50. ENACTMENT. A final redistricting plan developed
700	700	and published under this part becomes law on the 45th day after:
701	701	(1) the final plan is approved by a majority of the
702	702	whole membership of the commission; and
703	703	(2) at least one commission member from each category
704	704	of the selection pool approves the final plan.
705	705	PART 5. WRITTEN EVALUATION OF PLAN AGAINST EXTERNAL METRICS
706	706	Sec. 51. WRITTEN EVALUATION. The commission shall include
707	707	with each redistricting plan developed and published under this
708	708	subchapter a written evaluation that measures each plan against
709	709	external metrics that cover the criteria provided by Section 33 of
710	710	this article, including the impact of the plan on the ability of
711	711	communities of color to elect candidates of choice, measures of
712	712	partisan fairness using multiple accepted methodologies, and the
713	713	degree to which the plan preserves or divides communities of
714	714	interest.
715	715	PART 6. TIMING
716	716	Sec. 52. PERIOD FOR DEVELOPMENT OF PLAN. The commission may
717	717	begin its work on a redistricting plan immediately on receipt of
718	718	relevant population information from the United States Census
719	719	Bureau. The commission shall approve each final redistricting plan
720	720	each year ending in the numeral one on or before the later of:
721	721	(1) eight months after the date on which this state
722	722	receives the state apportionment notice; or
723	723	(2) October 1.
724	724	SUBCHAPTER E. ESTABLISHMENT OF RELATED ENTITIES
725	725	PART 1. NONPARTISAN LEGISLATIVE AGENCY
726	726	Sec. 53. ESTABLISHMENT. The legislature by general law
727	727	shall establish a nonpartisan agency in the legislative branch of
728	728	state government to appoint the members of the commission as
729	729	provided by Subchapter B of this article.
730	730	Sec. 54. NONPARTISANSHIP. For purposes of this part, an
731	731	agency shall be considered to be nonpartisan if under law the
732	732	agency:
733	733	(1) is required to provide services on a nonpartisan
734	734	basis;
735	735	(2) is required to maintain impartiality; and
736	736	(3) is prohibited from advocating for the adoption or
737	737	rejection of any legislative proposal.
738	738	Sec. 55. TRAINING OF COMMISSION MEMBERS. Not later than
739	739	January 15 of a year ending in the numeral one, the nonpartisan
740	740	agency shall provide commission members with initial training on
741	741	their obligations, including obligations under the Voting Rights
742	742	Act of 1965 (52 U.S.C. Section 10301 et seq.) and other applicable
743	743	laws.
744	744	Sec. 56. RULES. The nonpartisan agency shall adopt and
745	745	publish rules, after notice and opportunity for comment,
746	746	establishing the procedures that the agency will follow in
747	747	fulfilling its duties under this article, including the procedures
748	748	to be used in vetting the qualifications and political affiliation
749	749	of applicants and in creating the selection pools, the randomized
750	750	process to be used in selecting the initial commission members, and
751	751	the rules the agency will apply to ensure that the agency carries
752	752	out its duties under this article in a maximally transparent,
753	753	publicly accessible, and impartial manner.
754	754	Sec. 57. DESIGNATION OF EXISTING AGENCY. The legislature
755	755	by general law may designate an existing agency in the legislative
756	756	branch of government to appoint the members of the commission under
757	757	this article if the agency meets the requirements for
758	758	nonpartisanship under this part.
759	759	Sec. 58. TERMINATION OF SPECIALLY ESTABLISHED AGENCY. If
760	760	the legislature does not designate an existing agency under Section
761	761	57 of this article but instead establishes a new agency to serve as
762	762	the nonpartisan agency under this subchapter, the new agency shall
763	763	terminate on the enactment into law of all redistricting plans.
764	764	Sec. 59. PRESERVATION OF RECORDS. The legislature shall
765	765	ensure that the records of the nonpartisan agency are retained in an
766	766	appropriate state archive in a manner that enables the state to
767	767	respond to any civil action brought with respect to congressional
768	768	redistricting in the state.
769	769	Sec. 60. DEADLINE. The legislature shall meet the
770	770	requirements of this part not later than October 15 of each year
771	771	ending in the numeral nine.
772	772	PART 2. SELECT COMMITTEE ON REDISTRICTING
773	773	Sec. 61. SELECT COMMITTEE. The legislature shall appoint a
774	774	select committee on redistricting to approve or disapprove a
775	775	selection pool under Subchapter C of this article.
776	776	Sec. 62. APPOINTMENT. The select committee consists of the
777	777	following four members:
778	778	(1) one member of the senate appointed by the most
779	779	senior member of the senate who belongs to the political party with
780	780	the most members in the senate;
781	781	(2) one member of the senate appointed by the most
782	782	senior member of the senate who belongs to the political party with
783	783	the second greatest number of members in the senate;
784	784	(3) one member of the house of representatives
785	785	appointed by the most senior member of the house who belongs to the
786	786	political party with the most members in the house; and
787	787	(4) one member of the house of representatives
788	788	appointed by the most senior member of the house who belongs to the
789	789	political party with the second greatest number of members in the
790	790	house.
791	791	Sec. 63. DEADLINE. The legislature shall meet the
792	792	requirements of this part not later than January 15 of each year
793	793	ending in the numeral zero.
794	794	SECTION 4. Section 28, Article III, Texas Constitution, is
795	795	repealed.
796	796	SECTION 5. The following temporary provision is added to
797	797	the Texas Constitution:
798	798	TEMPORARY PROVISION. (a) This temporary provision applies
799	799	to the constitutional amendment proposed by the 88th Legislature,
800	800	Regular Session, 2023, establishing an independent redistricting
801	801	commission to establish districts for the election of the members
802	802	of the United States House of Representatives elected from this
803	803	state, the Texas Senate, and the Texas House of Representatives.
804	804	(b) On January 1, 2029:
805	805	(1) the amendments to Sections 7a(e) and (i), Article
806	806	V, of this constitution take effect;
807	807	(2) the repeal of Section 28, Article III, of this
808	808	constitution takes effect; and
809	809	(3) Section 28a, Article III, and Article XVIII of
810	810	this constitution take effect.
811	811	(c) This temporary provision expires January 1, 2030.
812	812	SECTION 6. This proposed constitutional amendment shall be
813	813	submitted to the voters at an election to be held November 7, 2023.
814	814	The ballot shall be printed to permit voting for or against the
815	815	proposition: "The constitutional amendment establishing an
816	816	independent redistricting commission to establish districts for
817	817	the election of the members of the United States House of
818	818	Representatives elected from this state, the Texas Senate, and the
819	819	Texas House of Representatives."