Texas 2025 - 89th Regular

Texas House Bill HB5258 Compare Versions

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1	1		By: Bucy H.B. No. 5258
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to racial discrimination in voting.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Title 16, Election Code, is amended by adding
9	11		Chapter 280 to read as follows:
10	12		CHAPTER 280. BARBARA JORDAN TEXAS VOTING RIGHTS ACT
11	13		SUBCHAPTER A. GENERAL PROVISIONS
12	14		Sec. 280.001. DEFINITIONS. In this chapter:
13	15		(1) "Method of election" means the method by which
14	16		candidates are elected to a governmental body of a local
15	17		government, and includes any at-large, district-based,
16	18		share-based, or other method of election, as well as any
17	19		districting or redistricting plan used to elect candidates to the
18	20		governmental body.
19	21		(a) "At-large method of election" means a method of
20	22		election in which candidates are voted on by all voters in the local
21	23		government, voters are allowed or required to cast as many votes as
22	24		there are seats to fill, and voters cannot cast more than one vote
23	25		for a given candidate.
24	26		(b) "District-based method of election" means a method
25	27		of election in which the local government is divided into
26	28		districts, each district is represented by a single representative,
27	29		and candidates are voted on by only voters residing in the district.
28	30		(c) "Share-based method of election" means a method of
29	31		election in which more than one candidate is to be elected and
30	32		different groups of voters may each elect their preferred
31	33		candidates to the seats to fill based on their relative share of the
32	34		votes cast. Share-based methods of election include, but are not
33	35		limited to, the single transferable vote, cumulative voting,
34	36		limited voting, and party-list or slate-list systems.
35	37		(3) "Protected Class" means a class of citizens who
36	38		are members of a race, color or language minority group, consistent
37	39		with Sec. 42.0051(d)(1) and includes individuals who are members of
38	40		a minimum reporting category that has ever been officially
39	41		recognized by the United States Census Bureau.
40	42		(4) "Local government" means municipalities,
41	43		counties, and special districts.
42	44		SUBCHAPTER B. CANON OF DEMOCRACY
43	45		Sec. 280.051. CONSTRUCTION OF ELECTION CODE. Any provision
44	46		of state law, regulation, charter, home rule ordinance, or other
45	47		enactment of the state or any local government relating to the right
46	48		to vote must be construed liberally in favor of the factors listed
47	49		below. To the extent courts are afforded discretion on any issue,
48	50		including but not limited to with respect to questions of
49	51		discovery, procedure, admissibility of evidence, or remedies, it is
50	52		the policy of the state that courts should exercise that
51	53		discretion, and weigh other equitable discretion, in favor of the
52	54		factors listed below:
53	55		(1) protecting the right to cast a ballot and make the
54	56		ballot valid;
55	57		(2) ensuring eligible individuals seeking voter
56	58		registration are not impaired in being registered;
57	59		(3) ensuring voters are not impaired in voting,
58	60		including, but not limited to having their votes counted;
59	61		(4) making the fundamental right to vote more
60	62		accessible to eligible voters; and
61	63		(5) ensuring equitable access for protected class
62	64		members to opportunities to be registered to vote and to vote.
63	65		Sec. 280.052. LIMITATION ON IMMUNITY OR PRIVILEGE. (a) It
64	66		is the policy of the state to promote the free flow of documents and
65	67		information concerning the intent of public officials in actions
66	68		concerning the right to vote. Accordingly, in any action under this
67	69		act, the federal Voting Rights Act, or a voting-related claim under
68	70		the Texas Constitution or United States Constitution, no sovereign,
69	71		governmental, executive, legislative, or deliberative immunities
70	72		and privileges, including any evidentiary privileges, may be
71	73		asserted. However, this section shall have no effect on any
72	74		attorney-client or attorney work-product privileges.
73	75		SUBCHAPTER C. TEXAS VOTING RIGHTS COMMISSION
74	76		Sec. 280.101. CREATION OF COMMISSION. (a) The Texas Voting
75	77		Rights Act Commission is created to administer the provisions of
76	78		this chapter.
77	79		(b) There is hereby established an independent and
78	80		nonpartisan state agency to be referred to as the Texas Voting
79	81		Rights Act Commission ("TXVRA Commission"). The TXVRA Commission
80	82		shall be responsible for administering the provisions of this act.
81	83		The TXVRA Commission shall not be a unit of any other state agency
82	84		and shall have its own staff, which includes management, research,
83	85		and enforcement.
84	86		(c) The TXVRA Commission shall consist of five
85	87		Commissioners, each of whom shall serve staggered five-year terms,
86	88		to be selected as set forth in this section. Commissioners shall be
87	89		compensated for their actual time spent on TXVRA Commission
88	90		business at an hourly rate based on the rate equivalent to an
89	91		assistant attorney general.
90	92		Sec. 280.103. QUALIFICATIONS OF COMMISSIONERS. In order to
91	93		serve as a commissioner, a person must:
92	94		(1) reside in this state;
93	95		(2) be a member of the State Bar of Texas with not less
94	96		than five years of legal experience;
95	97		(3) have experience representing or advocating on
96	98		behalf of members of a protected class;
97	99		(4) not have served in an elected office in the
98	100		preceding five years; and
99	101		(5) not be currently serving in a government or
100	102		political party office.
101	103		Sec. 280.104. NOMINATING COMMITTEE. (a) A Nominating
102	104		Committee shall be formed to identify qualified candidates to serve
103	105		as members of the TXVRA Commission. The Nominating Committee will
104	106		be comprised of Nominating Organizations, to be selected as
105	107		follows:
106	108		(b) In order to serve as a nominating organization, an
107	109		organization must:
108	110		(1) have demonstrated commitment to:
109	111		(A) the purposes of this chapter; and
110	112		(B) the voting rights of members of a protected
111	113		class;
112	114		(2) have not less than 20 years of continuous
113	115		operation as:
114	116		(A) an organization that qualifies for an
115	117		exemption from federal income taxation under Section 501(c)(3),
116	118		Internal Revenue Code of 1986; or
117	119		(B) a nonprofit corporation registered with the
118	120		secretary of state; and
119	121		(3) be presently registered as a nonprofit corporation
120	122		with the secretary of state.
121	123		(c) An organization may demonstrate a commitment under
122	124		Subsection (b)(1) by:
123	125		(1) referencing members of a protected class in the
124	126		organization's mission statement;
125	127		(2) demonstrating involvement in multiple voting
126	128		rights cases in this state advocating on behalf of members of a
127	129		protected class;
128	130		(3) demonstrating involvement in advocacy in support
129	131		of the purposes of this chapter; or
130	132		(4) any other method acceptable to the secretary of
131	133		state.
132	134		(d) The secretary of state shall certify any applicant for
133	135		the nominating committee that meets the qualifications of
134	136		Subsection (b).
135	137		(e) If the secretary of state does not timely certify a
136	138		qualified applicant under this section, the applicant may file an
137	139		action for a writ of mandamus to compel the secretary of state to
138	140		certify the applicant as a nominating organization.
139	141		(f) A nominating organization serves on the nominating
140	142		committee for a term of five years, after which the nominating
141	143		organization may seek recertification by the secretary of state.
142	144		(g) If there are not more than 15 nominating organizations
143	145		on the nominating committee, the business of the committee is
144	146		conducted by all nominating organizations. If there are 16 or more
145	147		nominating organizations on the nominating committee, the business
146	148		of the committee is conducted by 15 nominating organizations chosen
147	149		randomly each year.
148	150		(h) The nominating committee shall select a chair to preside
149	151		over meetings and votes.
150	152		(i) The nominating committee may by majority vote of all
151	153		nominating organizations remove a nominating organization from the
152	154		committee.
153	155		Sec. 280.105. SELECTION OF COMMISSIONERS. (a) The
154	156		nominating committee shall continually solicit applications to
155	157		serve on the commission unless the list under Subsection (b) is
156	158		full.
157	159		(b) The nominating committee shall create and maintain a
158	160		"qualified candidate pool" of not more than 30 qualified
159	161		applicants. The nominating committee may increase or decrease the
160	162		size of the list by a three-fifths vote of the nominating
161	163		organizations.
162	164		(c) The nominating committee may add an applicant to the
163	165		list of qualified applicants under Subsection (b) by a three-fifths
164	166		vote of the nominating organizations.
165	167		(d) The nominating committee may not add an applicant to the
166	168		list if the applicant is not qualified under Section 280.103.
167	169		(e) The secretary of state shall randomly select members of
168	170		the commission from the list of qualified applicants under
169	171		Subsection (b).
170	172		(f) The secretary of state shall randomly select a
171	173		commissioner as provided by Subsection (e) not later than the 60th
172	174		day before the end of the term of a commissioner currently serving
173	175		on the commission.
174	176		(g) If a vacancy occurs on the commission, the secretary of
175	177		state shall randomly select a commissioner as provided by
176	178		Subsection (e) not later than the 30th day after the creation of the
177	179		vacancy to serve the remainder of the vacant commissioner's term.
178	180		(h) Not later than the 60th day before the formation of the
179	181		commission, the secretary of state shall randomly select five
180	182		commissioners as provided by Subsection (e) and shall assign by lot
181	183		terms of one, two, three, four, and five years to the newly selected
182	184		commissioners.
183	185		Sec. 280.106. POWERS OF COMMISSION. (a) The commission may
184	186		conduct investigations and bring legal actions to enforce the
185	187		provisions of this chapter.
186	188		(b) In conducting an investigation or bringing an action
187	189		under Subsection (a), the commission may, according to the Texas
188	190		Rules of Civil Procedure:
189	191		(1) subpoena witnesses;
190	192		(2) administer oaths;
191	193		(3) examine individuals under oath;
192	194		(4) determine material facts; and
193	195		(5) compel the production of records, books, papers,
194	196		contracts, and other documents.
195	197		(c) The commission may hire any staff necessary to carry out
196	198		its duties under this chapter.
197	199		(d) The commission may make any expenditure necessary to
198	200		carry out its duties under this chapter, subject to appropriations
199	201		made by the legislature.
200	202		(e) The commission may adopt rules to carry out its duties
201	203		under this chapter.
202	204		SUBCHAPTER D. PROHIBITION ON VOTER SUPPRESSION AND VOTE DILUTION
203	205		Sec. 280.151. PROHIBITING VOTER SUPPRESSION.
204	206		(a) No local government may implement, impose, or enforce
205	207		any election policy or practice that results in, is likely to result
206	208		in, or is intended to result in, either:
207	209		(1) A material disparity in voter participation,
208	210		access to voting opportunities, or the opportunity or ability to
209	211		participate in any stage of the political process between protected
210	212		class members and other members of the electorate; or
211	213		(2) Based on the totality of the circumstances, an
212	214		impairment of the equal opportunity or ability of protected class
213	215		members to participate in any stage of the political process.
214	216		(b) There shall be no violation under subsection (a)(1) of
215	217		this section if the local government or state agency demonstrates
216	218		by clear and convincing evidence that (i) the election policy or
217	219		practice is necessary to significantly further an important and
218	220		particularized governmental interest and (ii) there is no
219	221		alternative election policy or practice that results in a smaller
220	222		disparity between protected class members and other members of the
221	223		electorate.
222	224		(c) Subsection (b) of this section does not apply if:
223	225		(1) a local government or state agency takes action
224	226		intended to result in a material disparity; or
225	227		(2) the material disparity results from:
226	228		(A) the closure, relocation, or consolidation of
227	229		one or more precincts, polling places, or county-wide mail drop
228	230		boxes;
229	231		(B) the local government's change to the time or
230	232		date of an election;
231	233		(C) the local government conducting elections on
232	234		dates that do not align with federal or state elections; or
233	235		(D) the date the local government selects for a
234	236		special election, and there exists an alternate date in a
235	237		reasonable timeframe in which the disparity would be materially
236	238		less significant; or the failure to schedule a special election in a
237	239		reasonable timeframe following a vacancy in an office where
238	240		protected class members are generally able to elect candidates of
239	241		their choice.
240	242		Sec. 280.152. PROHIBITING VOTE DILUTION
241	243		(a) No local government shall employ (i) an at-large method
242	244		of election, (ii) a district-based method of election, (iii) a
243	245		share-based method of election, or (iv) other method of election
244	246		for any office that has the effect, will likely have the effect, or
245	247		is motivated in part by the intent, of diluting the vote of
246	248		protected class members.
247	249		(b) A violation of Sec. 280.152 is established if:
248	250		(1) Either:
249	251		(A) Elections in the local government exhibit
250	252		racially polarized voting resulting in an impairment of the equal
251	253		opportunity or ability of protected class members to nominate or
252	254		elect candidates of their choice; or
253	255		(B) Based on the totality of the circumstances,
254	256		the equal opportunity or ability of protected class members to
255	257		nominate or elect candidates of their choice is impaired; and
256	258		(2) Another method of election or changes to the
257	259		existing method of election that could be constitutionally adopted
258	260		or ordered under Subchapter L would likely mitigate the impairment.
259	261		Sec. 280.153. GUIDELINES AND RELEVANT CIRCUMSTANCES FOR
260	262		EVALUATING VOTER SUPPRESSION AND VOTE DILUTION
261	263		(a) To evaluate the totality of circumstances under Sect.
262	264		280.151(a)(2) or Sect. 280.152(b)(1)(B):
263	265		(1) The following factors may be relevant:
264	266		(A) The history of discrimination;
265	267		(B) The extent to which the protected class
266	268		members have been elected to office;
267	269		(C) The use of any election policy or practice
268	270		that may enhance the dilutive effects of a method of election in the
269	271		local government;
270	272		(D) The extent to which protected class members
271	273		or candidates experienced any history of unequal access to
272	274		election-administration or campaign-finance processes that
273	275		determine which candidates will receive access to the ballot or
274	276		financial or other support in elections for an office of the local
275	277		government;
276	278		(E) The extent to which protected class members
277	279		have historically made expenditures;
278	280		(F) The extent to which protected class members
279	281		vote at lower rates than other voters;
280	282		(G) The extent to which protected class members
281	283		are disadvantaged or otherwise bear the effects of public or
282	284		private discrimination in areas that may hinder their ability to
283	285		participate effectively in any stage of the political process, such
284	286		as education, employment, health, criminal justice, housing,
285	287		transportation, land use, or environmental protection;
286	288		(H) The use of overt or subtle racial appeals in
287	289		political campaigns, by government officials, or in connection with
288	290		the adoption or maintenance of the election policy or practice;
289	291		(I) The extent to which candidates face hostility
290	292		or barriers while campaigning due to their membership in a
291	293		protected class;
292	294		(J) The lack of responsiveness by elected
293	295		officials to the particular needs of protected class members or a
294	296		community of protected class members;
295	297		(K) Whether the election policy or practice was
296	298		designed to advance and does materially advance, a valid and
297	299		substantial state interest; and
298	300		(L) Other factors deemed relevant.
299	301		(2) No set number or combination of these factors
300	302		shall be required to determine that a violation occurred.
301	303		(3) For alleged violations pertaining to a particular
302	304		local government, evidence of these factors is most probative if it
303	305		relates to the local government in which the alleged violation
304	306		occurred, but is still probative if it relates to the state or to
305	307		the geographic region in which that local government is located.
306	308		(b) To determine whether elections in the local government
307	309		exhibit racially polarized voting under Sect. 280.152(b)(1)(A):
308	310		(1) Racially polarized voting shall be assessed based
309	311		on relevant election results, which may include but are not limited
310	312		to elections for offices of the local government; elections held in
311	313		the local government for other offices, such as state or federal
312	314		offices; ballot measures; and other electoral choices that bear on
313	315		the rights and privileges of the protected class.
314	316		(A) No set number or combination of elections
315	317		shall be required to establish the existence of racially polarized
316	318		voting.
317	319		(B) Evidence of non-polarized voting in
318	320		elections for offices outside the local government shall not
319	321		preclude a finding of racially polarized voting based on elections
320	322		for offices of the local government.
321	323		(C) Non-statistical or non-quantitative evidence
322	324		shall not preclude a finding of racially polarized voting based on
323	325		statistical or quantitative evidence.
324	326		(D) Low turnout or registration rates among
325	327		protected class members shall not preclude a finding of racially
326	328		polarized voting.
327	329		(2) Racially polarized voting shall be assessed based
328	330		only on the combined electoral preferences of members of a
329	331		protected class or classes. There is no requirement that the
330	332		electoral preferences of each protected class or any subgroup
331	333		within a protected class be separately polarized from those of
332	334		other voters.
333	335		(3) The causes of or reasons for racially polarized
334	336		voting, including partisan explanations or discriminatory intent,
335	337		are not relevant.
336	338		(c) When evaluating whether a violation is present:
337	339		(1) The following circumstances are never relevant
338	340		under Sect. 280.151 or Sect. 280.152:
339	341		(A) The total number or share of protected class
340	342		members on whom the election policy or practice does not impose a
341	343		material burden;
342	344		(B) The degree to which the election policy or
343	345		practice has a long pedigree or was in widespread use at some
344	346		earlier date;
345	347		(C) The use of an identical or similar election
346	348		policy or practice in other jurisdictions;
347	349		(D) The availability of forms of voting
348	350		unimpacted by the election policy or practice.
349	351		(2) A state interest in preventing voter fraud or
350	352		bolstering voter confidence in the integrity of elections is not
351	353		relevant under Sect. 280.151 or Sect. 280.152 unless there is
352	354		substantial evidence that criminal activity by individual electors
353	355		has occurred in the local government in substantial numbers and the
354	356		connection between the election policy or practice and a state
355	357		interest in preventing voter fraud or bolstering voter confidence
356	358		in the integrity of elections is supported by substantial evidence.
357	359		(3) Evidence concerning the intent of electors,
358	360		elected officials, or public officials to discriminate against
359	361		protected class members is never required under Sect. 280.151 or
360	362		Sect. 280.152.
361	363		(4) Whether protected class members typically elect
362	364		candidates of their choice to the governing body in approximate
363	365		proportion to their total number or share of the population may be
364	366		relevant under Sect. 280.152.
365	367		(5) For the purpose of satisfying Sect. 280.151 or
366	368		Sect. 280.152, it is not necessary for the total number or share of
367	369		protected class members to exceed any numerical threshold in any
368	370		district or in the local government as a whole.
369	371		Sec. 280.154. NOTICE AND SAFE HARBOR
370	372		(a) Prior to filing an action against a local government
371	373		pursuant to this section, a prospective plaintiff must send a
372	374		written notification letter to the local government asserting that
373	375		the local government may be in violation of the provisions of this
374	376		act. Such letter shall be referred to as a "TXVRA Notification
375	377		Letter."
376	378		(b) Except as noted in Sect. 280.154(f), no party may file
377	379		an action against a local government pursuant to this section
378	380		earlier than 50 days after sending a TXVRA Notification Letter to
379	381		the local government.
380	382		(c) Prior to receiving a notification letter, or not later
381	383		than fifty days after any notification letter is sent to a local
382	384		government, a local government may adopt a resolution, which shall
383	385		be referred to as a "TXVRA Resolution," that does all of the
384	386		following:
385	387		(1) Identifies a potential violation of this section
386	388		by the local government;
387	389		(2) Identifies a specific remedy to the potential
388	390		violation;
389	391		(3) Affirms the local government's intention to enact
390	392		and implement a remedy for a potential violation;
391	393		(4) Sets forth specific measures the local government
392	394		will take to facilitate enactment and implementation of the remedy;
393	395		and
394	396		(5) Provides a schedule for the enactment and
395	397		implementation of the remedy.
396	398		(d) Except as noted in Sect. 280.154(f), if a local
397	399		government adopts a TXVRA Resolution consistent with Sect.
398	400		280.154(c) following receipt of a TXVRA Notification Letter, the
399	401		party that sent the TXVRA Notification Letter may not file action
400	402		earlier than 140 days after sending the TXVRA Notification Letter.
401	403		(e) If the local government lacks authority to enact and
402	404		implement a remedy identified in a TXVRA Resolution, it may
403	405		nonetheless do so with approval of a court of appropriate
404	406		jurisdiction. The approval of a remedy by the TXVRA Commission does
405	407		not bar an action to challenge the remedy.
406	408		(f) Notwithstanding the provisions of Sect. 280.154, a
407	409		party may bring a cause of action for a violation of this section
408	410		under any of the following circumstances:
409	411		(1) The action is commenced within 1 year after the
410	412		adoption of the challenged method of election, ordinance,
411	413		resolution, rule, policy, standard, regulation, procedure, or law;
412	414		(2) The prospect of obtaining relief under this
413	415		Subchapter would be futile;
414	416		(3) Another party has already submitted a notification
415	417		letter under this subsection alleging a substantially similar
416	418		violation and that party is eligible to bring a cause of action
417	419		under this Sect. 280.154;
418	420		(4) Following the party's submission of a TXVRA
419	421		Notification Letter, the local government has adopted a TXVRA
420	422		Resolution that identifies a remedy that would not remedy the
421	423		violation identified in the party's notification letter; or
422	424		(5) The party is seeking preliminary relief with
423	425		respect to an upcoming election in accordance with section IX.
424	426		(c) Where there is evidence that more than one protected
425	427		class of eligible voters is politically cohesive in the local
426	428		government, members of each of those protected classes may be
427	429		combined for the purpose of consideration by the commission under
428	430		this section.
429	431		Sec. 280.155. LOCAL GOVERNMENTS MAY NOT ASSERT THE DOCTRINE
430	432		OF LACHES AS A DEFENSE TO CLAIMS BROUGHT UNDER THIS SECTION. LOCAL
431	433		GOVERNMENTS MAY NOT ASSERT THAT PLAINTIFFS HAVE FAILED TO COMPLY
432	434		WITH ANY NOTICE, EXHAUSTION, OR OTHER PROCEDURAL REQUIREMENTS UNDER
433	435		STATE LAW, OTHER THAN THE REQUIREMENTS IN THIS SUBCHAPTER, AS A
434	436		DEFENSE TO CLAIMS BROUGHT UNDER THIS SECTION.
435	437		SUBCHAPTER E: VOTER INTIMIDATION, DECEPTION, AND OBSTRUCTION
436	438		(a) A person, whether acting under color of law or
437	439		otherwise, may not engage in acts of intimidation, deception,
438	440		obstruction, force, coercion, or any other act(s) that has the
439	441		effect or will reasonably have the effect of interfering with an
440	442		individual's right to vote or register to vote.
441	443		(b) A violation of this Subchapter includes, but is not
442	444		limited to, the following:
443	445		(1) The use of force or threats to use force, or the
444	446		use of any other intimidating conduct that causes a voter to feel
445	447		harassed, terrified, intimidated, annoyed, alarmed, abused,
446	448		tormented, embarrassed, or offended. Or causes a reasonable person
447	449		to feel harassed, terrified, intimidated, annoyed, alarmed,
448	450		abused, tormented, embarrassed, or offended.
449	451		(2) The knowing use of a deceptive or fraudulent
450	452		device, contrivance, or communication that causes or will
451	453		reasonably have the effect of causing interference with any
452	454		individual's right to vote; or
453	455		(3) The obstruction of, impediment to, or other
454	456		interference with access to any early voting site, polling place,
455	457		mail ballot dropbox, residential mailbox or, or office of the
456	458		supervisor of elections in a manner that causes or will reasonably
457	459		have the effect of interfering with any individual's right to vote
458	460		or causing any delay in voting or the voting process.
459	461		(c) In addition to any remedies that may be imposed under
460	462		Section IX whenever the court finds a violation of any provision of
461	463		this section, the court must order appropriate remedies that are
462	464		tailored to address the violation, including but not limited to
463	465		providing for additional time to vote at an election, primary, or
464	466		referendum, and awarding damages including but not limited to
465	467		punitive damages any violation.
466	468		SUBCHAPTER F. PRECLEARANCE
467	469		Sec. 280.201. APPLICABILITY OF SUBCHAPTER. (a) The
468	470		enactment or implementation of a covered policy by a covered
469	471		jurisdiction is subject to preclearance by the TXVRA Commission:
470	472		(1) any local government that, within the prior 25
471	473		years, has been subject to any court order, government enforcement
472	474		action, court-approved, consent decree, or any other settlement in
473	475		which the local government conceded liability, based on a violation
474	476		of:
475	477		(A) this act;
476	478		(B) the Voting Rights Act of 1965 (52 U.S.C.
477	479		Section 10101 et seq.);
478	480		(C) the Fifteenth Amendment to the United States
479	481		Constitution;
480	482		(D) a voting-related violation of the Fourteenth
481	483		Amendment to the United States Constitution; or
482	484		(E) any violation of any other state or federal
483	485		election law based upon discrimination against members of a
484	486		protected class;
485	487		(2) any local government that, within the prior 25
486	488		years, has been subject to any court order, court-approved consent
487	489		decree, or any other settlement in which the local government
488	490		conceded liability, based upon a violation of any state or federal
489	491		civil rights law or the Fourteenth Amendment to the United States
490	492		Constitution concerning discrimination against members of a
491	493		protected class before implementing a policy under Section 280.202
492	494		but failed to do so;
493	495		(3) any local government that, during the prior three
494	496		years, has failed to comply with that local government's
495	497		obligations to provide data or information to the statewide
496	498		database pursuant to Section 280.254(f); or
497	499		(4) any local government that during the prior 25
498	500		years, was found to have enacted or implemented a covered policy
499	501		without obtaining preclearance for such covered policy pursuant to
500	502		this section; or
501	503		(5) any local government that:
502	504		(A) contains a population of eligible voters of
503	505		any protected class that numbers at least:
504	506		(i) 1,000; or
505	507		(ii) in which members of any protected
506	508		class constitute at least 10 percent of the eligible voter
507	509		population of the local government; and
508	510		(B) in which, in any year in the prior 10 years:
509	511		(i) the percentage of voters of any
510	512		protected class in a local government that participated in any
511	513		general election for any local government office is at least 10
512	514		percentage points lower than the percentage of all voters in the
513	515		local government that participated in such election; or
514	516		(ii) the percentage of eligible voters of
515	517		that protected class who were registered to vote was at least 10
516	518		percentage points lower than the percentage of all eligible voters
517	519		in the local government who were registered to vote; or
518	520		(iii) based on data made available by the
519	521		United States Census, the dissimilarity index of such protected
520	522		class, calculated using census tracts, is in excess of fifty with
521	523		respect to the race, color, or language-minority group that
522	524		comprises a plurality within the local government; or
523	525		(iv) the poverty rate among members of such
524	526		protected class exceeds the poverty rate among the population of
525	527		the local government as a whole by at least 10 percentage points; or
526	528		(6) any county that:
527	529		(A) contains a population of eligible voters of
528	530		any protected class that numbers at least:
529	531		(i) 1,000; or
530	532		(ii) in which members of any protected
531	533		class constitute at least 10 percent of the eligible voter
532	534		population of the local government; and
533	535		(B) in which, in any year in the prior 10 years:
534	536		(i) the arrest rate among members of such
535	537		protected class exceeds the arrest rate among the population of the
536	538		local government as a whole by at least 10 percentage points; or
537	539		(ii) the graduation rate of such protected
538	540		class is lower than the graduation rate of the entire district
539	541		student population by at least 10 percentage points.
540	542		(b) On an annual basis, the TXVRA Commission must determine
541	543		which local governments are covered jurisdictions and publish a
542	544		list of these local governments online.
543	545		(c) If a overed jurisdiction seeks preclearance from the
544	546		TXVRA Commission for the adoption or implementation of any covered
545	547		policy, the covered jurisdiction must submit the covered policy to
546	548		the TXVRA Commission in writing and may obtain preclearance in
547	549		accordance with the provisions of this subsection:
548	550		(1) The covered jurisdiction shall bear the burden of
549	551		proof in any preclearance determinations.
550	552		(2) The TXVRA Commission may deny preclearance to a
551	553		submitted covered policy only if it determines that:
552	554		(i) the covered policy is more likely than not to
553	555		diminish the opportunity or ability of protected class members to
554	556		participate in the political process and elect candidates of their
555	557		choice or otherwise influence the outcome of elections; or
556	558		(ii) the covered policy is more likely than not
557	559		to violate the provisions of this act.
558	560		(3) If the TXVRA Commission denies preclearance, the
559	561		applicable covered jurisdiction may not enact or implement the
560	562		covered policy. The TXVRA Commission shall provide written
561	563		explanation of any denial.
562	564		(4) If the TXVRA Commission grants preclearance to a
563	565		covered policy, the covered jurisdiction may immediately enact or
564	566		implement the covered policy. A determination by the TXVRA
565	567		Commission to grant preclearance may not be admissible in or
566	568		otherwise considered by a court in any subsequent action
567	569		challenging the covered policy. If the TXVRA Commission fails to
568	570		deny or grant preclearance to a submitted covered policy within the
569	571		time period sets forth pursuant to subsection (e)(5) of this
570	572		section, the covered policy is to be deemed precleared, and the
571	573		covered jurisdiction may enact or implement the covered policy.
572	574		(5) If a covered policy concerns the method of
573	575		election for a legislative body, districting or redistricting, the
574	576		number of seats on the legislative body, or annexation,
575	577		incorporation, dissolution, consolidation, or division of a local
576	578		government, the TXVRA Commission, shall review the covered policy,
577	579		including any public comment, and make a determination to deny or
578	580		grant preclearance within 60 days following the submission of the
579	581		covered policy. The TXVRA Commission may invoke up to two
580	582		extensions of 90 days each to make such a determination. For all
581	583		other covered policies, the TXVRA Commission, shall review the
582	584		covered policy, including any public comment, and make a
583	585		determination to deny or grant preclearance within 30 days
584	586		following the submission of the covered policy. The TXVRA
585	587		Commission may invoke an extension of 60 days to make such a
586	588		determination.
587	589		(6) Any denial of preclearance under this section may
588	590		be appealed only by the covered jurisdiction, and shall be filed in
589	591		the Third Judicial Circuit of Texas.
590	592		(d) Any aggrieved party pursuant to Subchapter J of this
591	593		Act, the director of the Database and Institute, the attorney
592	594		general, or the TXVRA Commission may file an action to enjoin
593	595		enactment or implementation and seek sanctions against the covered
594	596		jurisdiction for violations of this section. Such a claim may be
595	597		filed pursuant to the Texas Rules of Civil Practice and Procedure or
596	598		in the Third Judicial Circuit of Texas. A claim under this
597	599		subsection does not preclude, bar, or limit any other claims that
598	600		may be brought regarding the covered policy in any way, including
599	601		claims brought under other sections of this act.
600	602		(e) If the TXVRA Commission approves preclearance to a
601	603		covered policy in violation of this section, identifies or fails to
602	604		identify a list of local governments that are covered jurisdictions
603	605		in violation of Subchapter F of this act, or otherwise fails to
604	606		properly implement any of the provisions of this section, any
605	607		aggrieved party pursuant to Subchapter J of this Act, may file an
606	608		action seeking appropriate relief, including but not limited to
607	609		injunctive relief on the TXVRA Commission or any other party, as the
608	610		court deems necessary to effectuate the provisions of this section.
609	611		Such a claim may be filed pursuant to the Texas Rules of Civil
610	612		Practice and Procedure or in the Third Judicial Circuit of Texas. A
611	613		claim under this subsection does not preclude, bar, or limit any
612	614		other claims that may be brought regarding any covered policy in any
613	615		way, including claims brought under other sections of this act.
614	616		(f) TXVRA Commission must adopt regulations to effectuate
615	617		the provisions of this section, including regulations concerning
616	618		the content of and procedure for preclearance submissions,
617	619		procedures for public comment and transparency regarding
618	620		preclearance determinations, and procedures for expedited and
619	621		emergency preclearance determinations, which may deviate from the
620	622		timelines provided in subsection 280.254(f) of this section
621	623		provided that such preclearance determinations are preliminary.
622	624		SUBCHAPTER G. LANGUAGE ACCESS
623	625		(a) As used in this section, the term:
624	626		(1) "Limited English proficient individual" means an
625	627		individual who does not speak English as his or her primary language
626	628		and who speaks, reads, or understands the English language other
627	629		than "very well" in accordance with United States Census Bureau
628	630		data or data of comparable quality collected by a governmental
629	631		entity.
630	632		(2) "Native American" includes any person recognized
631	633		by the United States Census Bureau or the state as "American
632	634		Indian."
633	635		(b) The TXVRA Commission must designate one or more
634	636		languages, other than English, for which assistance in voting and
635	637		elections must be provided in a local government if the TXVRA
636	638		Commission finds that a significant and substantial need exists for
637	639		such assistance.
638	640		(c) Based on the best available data, which may include
639	641		information from the United States Census Bureau's American
640	642		Community Survey or data of comparable quality collected by a
641	643		governmental entity, the TXVRA Commission must find that a
642	644		significant and substantial need exists if:
643	645		(1) More than 2 percent, but no fewer than 200 citizens
644	646		of voting age, of a local government speak a language other than
645	647		English and are limited English proficient individuals; or
646	648		(2) More than 4,000 citizens of voting age of a local
647	649		government speak a language other than English and are limited
648	650		English proficient individuals.
649	651		(d) In the case of a local government that contains any part
650	652		of a Native American reservation, if more than 2 percent of the
651	653		Native American citizens of voting age within the Native American
652	654		reservation are proficient in a language other than English and are
653	655		limited English proficient individuals, the local government must
654	656		provide materials in such language.
655	657		(e) On an annual basis, the TXVRA Commission must publish on
656	658		its website a list of all of the following:
657	659		(1) Each local government in which assistance in
658	660		voting and elections in a language other than English must be
659	661		provided.
660	662		(2) Each language in which such assistance must be
661	663		provided in each local government.
662	664		(f) The TXVRA Commission's determinations under this
663	665		section are effective upon publication, and the TXVRA Commission
664	666		must distribute this information to each affected local government.
665	667		(g) Whenever the TXVRA Commission determines that, pursuant
666	668		to this section, language assistance must be provided by a local
667	669		government, the local government must provide competent assistance
668	670		in each designated language and provide related materials in
669	671		English and in each designated language, including:
670	672		(1) voter registration or voting notices;
671	673		(2) forms, instructions, assistance, ballots or other
672	674		materials or information relating to the electoral process.
673	675		(h) However, in the case of a language that is oral or
674	676		unwritten, including historically unwritten languages, as may be
675	677		the case for some Native Americans, a local government may provide
676	678		only oral instructions, assistance, or other information on the
677	679		electoral process in such language.
678	680		(i) All materials provided in a designated language must be
679	681		of an equal quality to the corresponding English materials. All
680	682		provided translations must convey the intent and essential meaning
681	683		of the original text or communication and may not rely solely on
682	684		automatic translation services. If available, language assistance
683	685		must include live translation.
684	686		(j) The TXVRA Commission shall also establish a review
685	687		process under which the TXVRA Commission determines, upon receipt
686	688		of a request submitted under this subsection, whether a significant
687	689		and substantial need exists in a local government for a language to
688	690		be designated for language access and assistance in voting and
689	691		elections whenever such a need has not otherwise been found under
690	692		this Subchapter. Such process shall include, at a minimum:
691	693		(1) an opportunity for any voter or entity to submit a
692	694		request for the Commission to consider designating a language in a
693	695		local government;
694	696		(2) an opportunity for public comment; and
695	697		(3) a procedure ensuring that upon receipt of any such
696	698		request and consideration of any public comment, the TXVRA
697	699		Commission may, in accordance with the process for making this
698	700		determination, determine that language assistance must be provided
699	701		by a local government.
700	702		(k) Any aggrieved party pursuant to Subchapter I of this
701	703		Act, the attorney general, or the TXVRA Commission may file an
702	704		action alleging a violation of this section to enforce compliance
703	705		with this section. Such a claim may be filed pursuant to the Texas
704	706		Rules of Civil Practice and Procedure or in the Third Judicial
705	707		Circuit of Texas.
706	708		SUBCHAPTER H. TEXAS VOTING AND ELECTION INSTITUTE
707	709		Sec. 280.251. DEFINITION. In this subchapter, "database and
708	710		institute" means the Texas Voting and Elections Database and
709	711		Institute created by this subchapter.
710	712		Sec. 280.252. CREATION OF DATABASE AND INSTITUTE. (a) The
711	713		TXVRA commission shall enter into an agreement with one or more
712	714		universities in this state to create the Texas Voting and Elections
713	715		Database and Institute to maintain and administer a central
714	716		repository of elections and voting data available to the public
715	717		from all local governments in this state and to foster, pursue, and
716	718		sponsor research on existing laws and best practices in voting and
717	719		elections.
718	720		(b) The agreement described by Subsection (a) shall enter
719	721		into a memorandum of understanding that includes the process for
720	722		selecting the director of the database and institute.
721	723		Sec. 280.253. POWERS AND DUTIES OF DATABASE AND INSTITUTE.
722	724		(a) The database and institute shall:
723	725		(1) provide a center for research, training, and
724	726		information on voting systems and election administration; and
725	727		(2) provide nonpartisan technical assistance to local
726	728		governments, scholars, and the general public seeking to use the
727	729		resources of the database and institute created under Section
728	730		280.254.
729	731		(b) The database and institute may:
730	732		(1) conduct classes both for credit and noncredit;
731	733		(2) organize interdisciplinary groups of scholars to
732	734		research voting and elections in this state;
733	735		(3) conduct seminars involving voting and elections;
734	736		(4) assist in the dissemination of election data to
735	737		the public; and
736	738		(5) publish books and periodicals as the database and
737	739		institute considers appropriate on voting and elections in this
738	740		state.
739	741		Sec. 280.254. ELECTION DATABASE. (a) The database and
740	742		institute shall establish a nonpartisan centralized database in
741	743		order to collect, archive, and make publicly available at no cost an
742	744		accessible database pertaining to elections, voter registration,
743	745		and ballot access in this state.
744	746		(b) The data, information, and estimates maintained by the
745	747		database and institute must be posted online and made available to
746	748		the public at no cost.
747	749		(c) The database and institute shall maintain in an
748	750		electronic format and make available all relevant election and
749	751		voting data and records for at least the previous 12-year period.
750	752		The data and records that must be maintained include, but are not
751	753		limited to, all of the following:
752	754		(1) population data that:
753	755		(A) includes estimates of the total population,
754	756		voting age population, and citizen voting age population by racial,
755	757		color, or language minority group and disability status; and
756	758		(B) is broken down to the precinct-level data, on
757	759		a year-by-year basis, for every local government in this state; and
758	760		(C) is based on data from the United States
759	761		Census Bureau, American Community Survey, or data of comparable
760	762		quality collected by a public office;
761	763		(2) election results at the precinct level for every
762	764		federal, state, and local election held in every local government
763	765		in this state;
764	766		(3) contemporaneous voter registration lists, voter
765	767		history files, election day polling places, and absent voter ballot
766	768		drop box locations for every election in every local government in
767	769		this state;
768	770		(4) contemporaneous maps or other documentation of the
769	771		configuration of precincts;
770	772		(5) election day polling places, including, but not
771	773		limited to, lists of precincts assigned to each polling place, if
772	774		applicable;
773	775		(6) adopted districting or redistricting plans for
774	776		every election in every local government in this state;
775	777		(7) any other data that the director of the database
776	778		and institute considers necessary to maintain in furtherance of the
777	779		purposes of the database and institute.
778	780		(d) Any maps, election day polling places, and absentee
779	781		voter ballot drop box locations must be made available in a
780	782		geospatial file format.
781	783		(e) The database and institute shall prepare any estimates
782	784		made under this section by applying the most advanced,
783	785		peer-reviewed, and validated methodologies available for the
784	786		purposes of this subchapter.
785	787		(f) All state agencies and local governments shall timely
786	788		provide the director of the database and institute with any
787	789		information requested by the director of the database and
788	790		institute. No later than 90 days after an election, each local
789	791		government shall transmit to the database and institute copies of
790	792		all of the following:
791	793		(1) election results at the precinct level;
792	794		(2) contemporaneous voter registration lists;
793	795		(3) state voter file;
794	796		(4) maps, descriptions, and shapefiles for election
795	797		districts;
796	798		(5) lists of election day polling places, shapefiles,
797	799		or descriptions of the precincts assigned to each election day
798	800		polling place; and
799	801		(6) any other data as requested by the database and
800	802		institute.
801	803		(g) At least annually or upon the request by the director of
802	804		the database and institute, any state entity identified by the
803	805		director of the database and institute as possessing data,
804	806		statistics or other information that the database and institute
805	807		requires to carry out its duties and responsibilities, shall
806	808		provide to the database and institute such data, statistics or
807	809		information.
808	810		(h) Any aggrieved party pursuant to Subchapter I of this
809	811		act, the director of the database and institute, the attorney
810	812		general, or the TXVRA Commission may file an action to enforce
811	813		compliance with this section. Such a claim may be filed pursuant to
812	814		the Texas Rules of Civil Practice and Procedure or in the Third
813	815		Judicial Circuit.
814	816		(i) No later than 90 days following the end of each state
815	817		fiscal year, the database and institute shall publish a report on
816	818		the priorities and finances of the database and institute.
817	819		(j) The database and institute shall provide nonpartisan
818	820		technical assistance to local governments, researchers, and
819	821		members of the public seeking to use the resources of the statewide
820	822		database.
821	823		(k) There shall be a rebuttable presumption that the data,
822	824		estimates, or other information maintained by the database and
823	825		institute is valid.
824	826		SUBCHAPTER I. VOTER EDUCATION FUND
825	827		Sec. 280.301. VOTER EDUCATION FUND. (a) The TXVRA
826	828		commission shall create and administer a voter education fund under
827	829		this section.
828	830		(b) The TXVRA shall expend money from the fund for one or
829	831		more of the following purposes:
830	832		(1) cover the operational and administrative costs of
831	833		the commission;
832	834		(2) developing and distributing educational materials
833	835		on voting rights and the voting process, including information on:
834	836		(A) voter registration;
835	837		(B) voting by mail; and
836	838		(C) polling place accessibility;
837	839		(3) conducting public education campaigns to:
838	840		(A) inform voters about changes to voting laws,
839	841		election procedures, or polling locations; and
840	842		(B) counteract false or misleading information
841	843		about voting;
842	844		(4) providing training and resources to local election
843	845		officials, poll workers, and volunteers on how to ensure fair and
844	846		equitable access to the ballot for all eligible voters;
845	847		(5) establishing and maintaining voter hotlines,
846	848		online portals, or other mechanisms for:
847	849		(A) voters to report incidents of voter
848	850		intimidation, suppression, or discrimination; and
849	851		(B) an election official to respond to a report
850	852		made under Paragraph (A);
851	853		(6) supporting voter outreach efforts targeted at
852	854		historically underrepresented communities, including, but not
853	855		limited to,:
854	856		(A) members of protected classes;
855	857		(B) low-income individuals;
856	858		(C) youth; and
857	859		(D) people with disabilities;
858	860		(7) providing grants to community-based
859	861		organizations, civic groups, and civil rights organizations to
860	862		conduct voter education and mobilization activities (such as voter
861	863		registration drives, candidate forums, and get-out-the-vote
862	864		campaigns) or to engage in non-partisan advocacy, litigation, or
863	865		other legal actions to protect voting rights, challenge
864	866		discriminatory voting practices, or seek redress for victims of
865	867		voter suppression or intimidation;
866	868		(8) partnering to develop and implement nonpartisan
867	869		curricula on civic engagement, voting, and the importance of
868	870		participating in the democratic process; and
869	871		(9) funding research and evaluation projects to:
870	872		(A) assess the impact of voter education and
871	873		outreach efforts on voter participation and civic engagement; and
872	874		(B) identify best practices for improving access
873	875		to the ballot.
874	876		SUBCHAPTER J. STANDING
875	877		(a) An action to cure a violation of this title may be
876	878		brought by any individual or entity aggrieved by a violation of this
877	879		Act.
878	880		(b) An entity aggrieved by a violation of this section
879	881		includes, but is not limited to, any entity (1) whose membership
880	882		includes individuals aggrieved by a violation of this section; or
881	883		(2) whose mission would be frustrated by a violation of this
882	884		section, including but not limited to an entity who would expend or
883	885		divert resources to fulfill its mission as a result of such
884	886		violation or who must expend greater resources or efforts to
885	887		advocate before an elected body that is less responsive to the
886	888		entity or its members due to the alleged violation. An entity shall
887	889		not be compelled to disclose the identity of any specific member to
888	890		pursue a claim on behalf of its members.
889	891		(c) In an action involving a districting plan, any
890	892		individual who resides in the defendant jurisdiction and is a
891	893		member of the affected protected class or classes, whether or not
892	894		they reside in any particular district, may challenge the
893	895		districting plan as a whole.
894	896		(d) This section shall be construed liberally to confer
895	897		standing as broadly as the State Constitution permits.
896	898		SUBCHAPTER K. SEVERABILITY
897	899		(a) To the extent any provision of this Act, including any
898	900		legal standard or requirement, or any section, subsection,
899	901		paragraph, subparagraph, sentence, or other portion of this Act,
900	902		may be construed or applied in a manner that is unconstitutional or
901	903		otherwise invalid, such provision must always be construed or
902	904		applied in a constitutional and valid manner.
903	905		(b) To the extent any provision of this Act is held invalid
904	906		for any reason, such invalidity must be construed as narrowly as
905	907		possible and must not affect other provisions or applications of
906	908		this Act that can be given effect without the invalid provision, and
907	909		to this end the provisions of this Act are severable.
908	910		SUBCHAPTER L. REMEDIES
909	911		(a) Whenever a court finds a violation by of any provision
910	912		of this act, such court shall order appropriate remedies,
911	913		notwithstanding any other law, that are tailored to address such
912	914		violation and to ensure protected class members have equitable
913	915		opportunities to fully participate in the political process and
914	916		that can be implemented in a manner that will not unduly disrupt the
915	917		administration of an ongoing or imminent election. Appropriate
916	918		remedies may include, but need not be limited to:
917	919		(1) a new or revised method of election;
918	920		(2) new or revised districting or redistricting plans;
919	921		(3) elimination of staggered elections so that all
920	922		members of the legislative body are elected at the same time;
921	923		(4) reasonably increasing the size of the legislative
922	924		body;
923	925		(5) additional voting days or hours;
924	926		(6) additional polling places and/or early voting
925	927		sites;
926	928		(7) additional opportunities to return ballots;
927	929		(8) holding of special elections;
928	930		(9) expanded opportunities for voter registration;
929	931		(10) additional voter education;
930	932		(11) the restoration or addition of individuals to
931	933		registry lists; or
932	934		(12) retaining jurisdiction for such period of time as
933	935		the court may deem appropriate.
934	936		(b) The court shall consider remedies proposed by any
935	937		parties to the action or by interested nonparties. The court may
936	938		not give deference or priority to a proposed remedy because it is
937	939		proposed by the state or local government.
938	940		(c) Notwithstanding the Texas Rules of Civil Procedure or
939	941		any other provision of Texas Statutes, the court shall grant a
940	942		temporary injunction and any other preliminary relief requested
941	943		under this section with respect to an upcoming election if the court
942	944		determines that the party is more likely than not to succeed on the
943	945		merits and it is possible to implement an appropriate temporary
944	946		remedy that would resolve the violation alleged under this section
945	947		before the election.
946	948		(d) Any prevailing party in any action or proceeding brought
947	949		under this Act is entitled to reasonable attorneys' fees and costs,
948	950		including expert witness fees and other pre-litigation and
949	951		litigation expenses.
950	952		(e) For the purpose of this Act, the term "prevailing party"
951	953		includes any plaintiff or prospective plaintiff:
952	954		(1) who obtains some of their requested relief through
953	955		a judicial judgment in their favor;
954	956		(2) who obtains some of their requested relief through
955	957		any settlement agreement approved by the court;
956	958		(3) or whose pursuit of a non-frivolous claim or
957	959		notice of a claim following the procedure pursuant to Section
958	960		III(d) of this Act was a catalyst for a unilateral change in
959	961		position by the opposing party relative to the relief sought.
960	962		(f) To the extent parties are unable to come to mutual
961	963		agreement, any party may file a motion or action for clarification
962	964		of rights.
963	965		(g) Another method of election or changes to the existing
964	966		method of election that could be constitutionally adopted or
965	967		ordered under this section would likely mitigate the impairment.
966	968		SECTION 2. This Act takes effect September 1, 2025.