Texas 2025 - 89th Regular

Texas House Bill HB5316 Compare Versions

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11 89R16153 MLH-F
22 By: Talarico H.B. No. 5316
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the Independent Citizen Redistricting Commission and
1010 the redistricting of the districts used to elect members of the
1111 United States House of Representatives, the Texas Legislature, and
1212 the State Board of Education.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. The heading to Title 5, Government Code, is
1515 amended to read as follows:
1616 TITLE 5. OPEN GOVERNMENT; ETHICS; REDISTRICTING
1717 SECTION 2. Title 5, Government Code, is amended by adding
1818 Subtitle C to read as follows:
1919 SUBTITLE C. REDISTRICTING
2020 CHAPTER 581. INDEPENDENT CITIZEN REDISTRICTING COMMISSION
2121 SUBCHAPTER A. GENERAL PROVISIONS
2222 Sec. 581.001. DEFINITIONS. In this chapter:
2323 (1) "Census year" means a calendar year in which the
2424 United States decennial census is taken.
2525 (2) "Commission" means the Independent Citizen
2626 Redistricting Commission established by Section 28b, Article III,
2727 Texas Constitution.
2828 (3) "Immediate family member" means a person's spouse,
2929 parent, child, sibling, in-law, or other individual with whom the
3030 person has a bona fide family relationship established through
3131 blood or legal relation.
3232 (4) "Majority party" means, with respect to a
3333 commission member, the political party with the most total votes
3434 cast in the four statewide primary elections preceding the member's
3535 appointment.
3636 (5) "Minority party" means, with respect to a
3737 commission member, the political party with the second highest
3838 number of total votes cast in the four statewide primary elections
3939 preceding the member's appointment.
4040 (6) "Statewide primary election" means an election
4141 held by a political party to select its nominee for governor or for
4242 president of the United States. The term does not include a runoff
4343 primary election.
4444 Sec. 581.002. REDISTRICTING AUTHORITY. The Independent
4545 Citizen Redistricting Commission exercises the legislative
4646 authority of this state to adopt redistricting plans establishing
4747 or modifying district boundaries for the election of the members of
4848 the United States House of Representatives elected from this state,
4949 the members of the Texas Senate, the members of the Texas House of
5050 Representatives, and the members of the State Board of Education. A
5151 plan for those district boundaries may be established or modified
5252 only by the commission as provided by this chapter.
5353 SUBCHAPTER B. MEMBERSHIP; POWERS AND DUTIES
5454 Sec. 581.051. COMMISSION. (a) Not later than December 31
5555 of each census year, the members of the Independent Citizen
5656 Redistricting Commission shall be appointed and the commission
5757 shall commence the redistricting process for the election of the
5858 members of the United States House of Representatives elected from
5959 this state, the members of the Texas Senate, the members of the
6060 Texas House of Representatives, and the members of the State Board
6161 of Education in connection with the census taken that year.
6262 (b) The commission members shall:
6363 (1) conduct an open and transparent process enabling
6464 full public consideration of, and comment on, the drawing of
6565 district boundaries;
6666 (2) draw district boundaries according to the
6767 redistricting criteria specified in this chapter; and
6868 (3) conduct themselves with integrity and fairness.
6969 (c) The selection process for commission members is
7070 designed to produce a commission that is independent from
7171 legislative influence and reasonably representative of this
7272 state's diversity.
7373 (d) The commission consists of 14 members as follows:
7474 (1) five majority party members, each of whom:
7575 (A) voted in at least two of the statewide
7676 primary elections in the five years preceding the member's
7777 appointment held by the majority party;
7878 (B) did not vote in any of the four statewide
7979 primary elections preceding the member's appointment held by a
8080 political party other than the majority party; and
8181 (C) voted in at least two of the three general
8282 elections preceding the member's appointment in which the office of
8383 governor or president of the United States appeared on the ballot;
8484 (2) five minority party members who:
8585 (A) voted in at least two of the statewide
8686 primary elections in the five years preceding the member's
8787 appointment held by the minority party;
8888 (B) did not vote in any of the four statewide
8989 primary elections preceding the member's appointment held by a
9090 political party other than the minority party; and
9191 (C) voted in at least two of the three general
9292 elections preceding the member's appointment in which the office of
9393 governor or president of the United States appeared on the ballot;
9494 and
9595 (3) four independent members who:
9696 (A) did not vote in any statewide primary
9797 elections in the five years preceding the member's appointment; and
9898 (B) voted in at least two of the three general
9999 elections preceding the member's appointment in which the office of
100100 governor or president of the United States appeared on the ballot.
101101 Sec. 581.052. TERM OF OFFICE. The term of office of each
102102 commission member expires at the time the first commission member
103103 is appointed in the next census year.
104104 Sec. 581.053. QUORUM AND VOTING. Nine commission members
105105 constitute a quorum. The affirmative vote of at least nine
106106 commission members is required for any official commission action.
107107 Each final redistricting map must be approved by the affirmative
108108 vote of at least nine commission members, including at least three
109109 majority party members, at least three minority party members, and
110110 at least three independent members, as provided by Section
111111 581.051(d).
112112 Sec. 581.054. PROHIBITED ACTIVITIES. A commission member
113113 is ineligible for a period of 10 years beginning on the date of
114114 appointment to hold a federal, state, or county office elected from
115115 this state. A commission member is ineligible for a period of five
116116 years beginning on the date of appointment to:
117117 (1) hold an appointed federal office representing this
118118 state;
119119 (2) hold an appointed state or local office in this
120120 state;
121121 (3) serve as a paid employee of or as a paid consultant
122122 to:
123123 (A) a member of the United States Congress
124124 elected from this state;
125125 (B) the legislature; or
126126 (C) a member of the legislature; or
127127 (4) register as a lobbyist in this state.
128128 Sec. 581.055. APPLICATIONS. (a) Not later than January 1
129129 of each census year, the state auditor shall initiate an
130130 application process for commission members.
131131 (b) The process must be open to all registered voters of
132132 this state and promote a diverse and qualified applicant pool.
133133 Sec. 581.056. APPLICANT REVIEW PANEL. (a) The state
134134 auditor shall establish an applicant review panel consisting of
135135 three interested citizens to screen applicants. The state auditor
136136 shall randomly draw the names of three interested citizens from a
137137 pool consisting of all citizens who have applied under procedures
138138 established by the state auditor to serve on the applicant review
139139 panel. The state auditor shall draw until the names of three
140140 interested citizens have been drawn, including:
141141 (1) one who would qualify as a majority party member of
142142 the commission under Section 581.051(d)(1);
143143 (2) one who would qualify as a minority party member of
144144 the commission under Section 581.051(d)(2); and
145145 (3) one who would qualify as an independent member of
146146 the commission under Section 581.051(d)(3).
147147 (b) After the drawing under Subsection (a), the state
148148 auditor shall notify the three citizens whose names have been drawn
149149 that they have been selected to serve on the panel. If any of the
150150 three citizens decline to serve on the panel, the state auditor
151151 shall resume the random drawing until three citizens who meet the
152152 requirements of Subsection (a) have agreed to serve on the panel.
153153 (c) An individual may not serve on the panel if the
154154 individual has a conflict of interest described by Section 581.057.
155155 Sec. 581.057. CONFLICTS OF INTEREST. (a) The state auditor
156156 shall remove an applicant with a conflict of interest from the
157157 applicant pool, including an applicant:
158158 (1) who at any point during the 10 years preceding the
159159 application date:
160160 (A) was appointed or elected to, or was a
161161 candidate for, federal or state office;
162162 (B) served as an officer, employee, or paid
163163 consultant of a political party or of the campaign committee of a
164164 candidate for elective federal or state office;
165165 (C) served as an elected or appointed member of a
166166 political party's executive committee;
167167 (D) was a registered lobbyist;
168168 (E) served as a paid staff member for the United
169169 States Congress; or
170170 (F) contributed at least $2,000 or the amount
171171 provided by Subsection (b) to any congressional or state candidate
172172 for elective public office in any year;
173173 (2) with an immediate family member who would be
174174 disqualified as an applicant under Subdivision (1); or
175175 (3) who is an employee of, a consultant to, party to a
176176 contract with, or an immediate family member of the governor, a
177177 member of the legislature, or a member of the United States
178178 Congress.
179179 (b) On January 1 of each year ending in the numeral 9, the
180180 contribution amount prescribed by Subsection (a)(1)(F) is
181181 increased or decreased by an amount equal to the amount prescribed
182182 by that paragraph on December 31 of the preceding year multiplied by
183183 the percentage increase or decrease during the preceding decade in
184184 the Consumer Price Index for All Urban Consumers (CPI-U), U.S. City
185185 Average, as published by the United States Bureau of Labor
186186 Statistics or its successor in function.
187187 Sec. 581.058. SELECTION OF APPLICANT SUBPOOLS. (a) After
188188 removing individuals with conflicts of interest from the applicant
189189 pool under Section 581.057, the state auditor shall, not later than
190190 August 1 of each census year, publicize the names of individuals in
191191 the applicant pool.
192192 (b) From the applicant pool described by Subsection (a), the
193193 applicant review panel shall select:
194194 (1) a majority subpool consisting of 20 of the most
195195 qualified applicants who would qualify as majority party members
196196 under Section 581.051(d)(1);
197197 (2) a minority subpool consisting of 20 of the most
198198 qualified applicants who would qualify as minority party members
199199 under Section 581.051(d)(2); and
200200 (3) an independent subpool consisting of 20 of the
201201 most qualified applicants who would qualify as independent members
202202 under Section 581.051(d)(3).
203203 (c) The applicant review panel shall select the members of
204204 the applicant subpools based on relevant analytical skills, ability
205205 to be impartial, and appreciation for this state's diverse
206206 demographics and geography.
207207 (d) Not later than October 1 of each census year, the
208208 applicant review panel shall present the members of the applicant
209209 subpools to the caucus leaders of the majority party and minority
210210 party of each house of the legislature as described by Section
211211 581.059.
212212 (e) Before presenting the applicant subpools as provided by
213213 Subsection (d), a member of the applicant review panel may not
214214 communicate with:
215215 (1) a member, or a representative of a member, of the
216216 United States Congress, the Texas Legislature, or the State Board
217217 of Education about any matter related to the selection process; or
218218 (2) a member of the applicant pool.
219219 Sec. 581.059. STRIKES BY CAUCUS LEADERS. (a) Not later
220220 than November 15 of each census year, the caucus leaders of the
221221 majority party and minority party of each house of the legislature
222222 may each strike up to two applicants from each applicant subpool
223223 under Section 581.058(b), for a total of eight possible strikes per
224224 applicant subpool.
225225 (b) After all strikes have been made as provided by
226226 Subsection (a), the caucus leaders shall present the remaining
227227 members of each applicant subpool to the state auditor.
228228 Sec. 581.060. DRAWING TO SELECT FIRST EIGHT COMMISSION
229229 MEMBERS. Not later than November 20 of each census year, the state
230230 auditor shall select the first eight members of the commission by
231231 randomly drawing:
232232 (1) three applicants from the majority subpool who
233233 were not struck under Section 581.059;
234234 (2) three applicants from the minority subpool who
235235 were not struck under Section 581.059; and
236236 (3) two applicants from the independent subpool who
237237 were not struck under Section 581.059.
238238 Sec. 581.061. APPOINTMENT OF SECOND SIX COMMISSION MEMBERS.
239239 (a) Not later than December 31 of each census year, the eight
240240 commission members selected under Section 581.060 shall review the
241241 remaining names in each applicant subpool and appoint to the
242242 commission:
243243 (1) two remaining applicants from the majority subpool
244244 who were not struck under Section 581.059;
245245 (2) two remaining applicants from the minority subpool
246246 who were not struck under Section 581.059; and
247247 (3) two remaining applicants from the independent
248248 subpool who were not struck under Section 581.059.
249249 (b) An appointment under Subsection (a) must be approved by
250250 at least five affirmative votes of commission members selected
251251 under Section 581.060, including at least two votes of commission
252252 members drawn from the majority subpool, at least two votes of
253253 commission members drawn from the minority subpool, and at least
254254 one vote of a commission member drawn from the independent subpool.
255255 (c) In making appointments under Subsection (a), the
256256 commission members shall ensure that the commission reflects this
257257 state's diversity, including racial, ethnic, geographic, and
258258 gender diversity. However, the legislature does not intend that
259259 formulas or specific ratios be applied for this purpose.
260260 (d) Appointments under Subsection (a) shall also be made
261261 based on relevant analytical skills and the ability to be
262262 impartial.
263263 SUBCHAPTER C. ORGANIZATION OF COMMISSION
264264 Sec. 581.101. OFFICERS. The commission shall select by a
265265 vote of at least two-thirds of its members one member as chair and
266266 one member as vice chair. The chair and vice chair may not both be
267267 majority party members, minority party members, or independent
268268 members as described by Section 581.051(d).
269269 Sec. 581.102. REMOVAL OF COMMISSION MEMBER. (a) After
270270 having been served written notice and provided with an opportunity
271271 for a response, a commission member may be removed by the governor
272272 with the concurrence of two-thirds of the members of the senate for
273273 substantial neglect of duty, gross misconduct in office, or
274274 inability to discharge the duties of office.
275275 (b) A commission member removed for substantial neglect of
276276 duty or gross misconduct in office may be referred to the attorney
277277 general for criminal investigation or to an appropriate
278278 administrative agency for investigation.
279279 Sec. 581.103. VACANCY. (a) A vacancy on the commission
280280 shall be filled, not later than the 30th day after the date the
281281 vacancy occurs, by appointment by the commission of a remaining
282282 applicant who was not struck under Section 581.059 from the same
283283 applicant subpool as the vacating member.
284284 (b) If a vacancy on the commission occurs and no applicant
285285 from the same applicant subpool as the vacating member is available
286286 for appointment to the commission, the state auditor and an
287287 applicant review panel shall solicit and select an appropriate
288288 number of new applicants for the applicable subpool using, to the
289289 extent practicable, the procedures provided by Sections 581.055,
290290 581.056, 581.057, and 581.058(a)-(c) but disregarding the
291291 deadlines provided by those sections. The commission shall fill the
292292 vacancy as soon as practicable by appointment of one of the new
293293 applicants described by this subsection.
294294 Sec. 581.104. BUDGET. The legislature may appropriate to
295295 the state auditor, the secretary of state, and the commission
296296 amounts sufficient to implement the redistricting process required
297297 by this chapter.
298298 SUBCHAPTER D. COMMISSION POWERS AND DUTIES
299299 Sec. 581.151. REDISTRICTING PLAN; STANDARDS. (a) The
300300 commission shall establish districts described by Section 581.002
301301 through a mapping process using the following criteria in the
302302 following order of priority:
303303 (1) districts must comply with the United States
304304 Constitution;
305305 (2) districts must achieve population equality as
306306 nearly as is practicable;
307307 (3) districts must comply with the federal Voting
308308 Rights Act of 1965 (52 U.S.C. Section 10101 et seq.);
309309 (4) districts must be geographically contiguous;
310310 (5) the geographic integrity of each municipality,
311311 county, local neighborhood, and local community of interest must be
312312 respected in a manner that minimizes its division to the extent
313313 possible without violating the requirements of any of the preceding
314314 subdivisions; and
315315 (6) to the extent practicable and to the extent that
316316 compliance with this subdivision does not preclude compliance with
317317 any of the preceding subdivisions, districts must be drawn to
318318 encourage geographical compactness so that nearby areas of
319319 population are not bypassed for more distant areas of population.
320320 (b) For purposes of Subsection (a)(5), a community of
321321 interest is a contiguous population that shares common social and
322322 economic interests that should be included within a single district
323323 for purposes of that population's effective and fair
324324 representation. Communities of interest may not be determined
325325 based on relationships with political parties, incumbents, or
326326 political candidates.
327327 (c) The place of residence of any incumbent or political
328328 candidate may not be considered in the creation of a map. Districts
329329 may not be drawn for the purpose of favoring or discriminating
330330 against an incumbent, political candidate, or political party. The
331331 commission may not consider existing or previously used boundary
332332 lines for districts used to elect members of the United States House
333333 of Representatives, Texas Legislature, or State Board of Education
334334 when drawing districts.
335335 (d) Not later than September 15 of each year following a
336336 census year, the commission shall approve a final map that sets
337337 forth the boundary lines of the districts for the election of the
338338 members of the United States House of Representatives elected from
339339 this state, the members of the Texas Senate, the members of the
340340 Texas House of Representatives, and the members of the State Board
341341 of Education. On approval, the commission shall certify each final
342342 map to the secretary of state.
343343 (e) The commission shall issue, with the final map, a report
344344 that explains the basis on which the commission made its decisions
345345 in achieving compliance with the criteria listed in Subsection (a)
346346 and shall include definitions of the terms and standards used in
347347 drawing the final map.
348348 (f) If the commission fails to approve a final map with the
349349 vote and by the date required by this section, the secretary of
350350 state shall immediately petition the Texas Supreme Court for an
351351 order directing the appointment of special masters to adjust the
352352 boundary lines of the districts required to be included in that map
353353 in accordance with the redistricting criteria and requirements
354354 provided by Subsections (a), (b), and (c). On approval of the
355355 special masters' map, the Texas Supreme Court shall certify the map
356356 to the secretary of state and the map constitutes the certified
357357 final map for the districts included in the map.
358358 (g) The boundary lines of the districts contained in a
359359 certified final map apply beginning with the next statewide general
360360 election and any corresponding primary elections.
361361 Sec. 581.152. OPEN MEETINGS. (a) The commission is a
362362 governmental body for purposes of Chapter 551.
363363 (b) Notwithstanding Chapter 551, the secretary of state
364364 must post notice on the secretary of state's Internet website of a
365365 meeting of the commission for at least:
366366 (1) 14 days before the date of a meeting, other than a
367367 meeting described by Subdivision (2); or
368368 (2) three days before the date of a meeting held in
369369 September of a year following a census year.
370370 (c) Except in a closed meeting authorized by Subchapter D,
371371 Chapter 551, a member or employee of the commission may not
372372 communicate with or knowingly receive communications about a
373373 redistricting matter from anyone outside of an open meeting.
374374 Sec. 581.153. PUBLIC INFORMATION. (a) The commission is a
375375 governmental body for purposes of Chapter 552.
376376 (b) The commission shall post information relating to
377377 redistricting and all data considered by the commission in a manner
378378 that ensures immediate and widespread public access.
379379 Sec. 581.154. EMPLOYEES AND CONTRACTORS. (a) The
380380 commission may hire employees and hire or contract with legal
381381 counsel and consultants as needed in the manner provided by this
382382 section.
383383 (b) The commission must make hiring, removal, or
384384 contracting decisions for employees, legal counsel, and
385385 consultants by the affirmative vote of at least nine members,
386386 including at least three majority party members, at least three
387387 minority party members, and at least three independent members as
388388 described by Section 581.051(d).
389389 (c) The commission shall ensure that at least one of the
390390 legal counsel hired by the commission has demonstrated extensive
391391 experience and expertise in implementing and enforcing the federal
392392 Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).
393393 (d) The commission shall establish for individuals
394394 described by Subsection (a):
395395 (1) clear criteria for hiring and removal;
396396 (2) communication protocols; and
397397 (3) a code of conduct.
398398 (e) To the extent practicable, the commission shall avoid
399399 selecting employees, legal counsel, or consultants who would be
400400 disqualified from commission membership because of a conflict of
401401 interest described by Section 581.057(a).
402402 Sec. 581.155. PUBLIC OUTREACH. (a) The commission shall
403403 establish and implement an open hearing process for public input
404404 and deliberation that is subject to public notice and promoted
405405 through a thorough outreach program to solicit broad public
406406 participation in the redistricting public review process.
407407 (b) The hearing process must include hearings to receive
408408 public input before the commission draws any maps and hearings
409409 following the drawing and display of any commission maps. In
410410 addition, the commission shall supplement hearings with other
411411 appropriate activities to further increase opportunities for the
412412 public to observe and participate in the review process.
413413 (c) The commission shall hold a public hearing in each
414414 proposed congressional district and display maps for public comment
415415 in a manner designed to achieve the widest public access reasonably
416416 possible.
417417 (d) The commission shall publicly display a preliminary map
418418 for each district for any office and shall accept public comment for
419419 at least 14 days after the date the preliminary map is first
420420 publicly displayed. The commission may not display any other maps
421421 for public comment during that 14-day period.
422422 (e) The commission shall review all public comment and other
423423 testimony received at each hearing and make any necessary revisions
424424 before approving a final map.
425425 (f) The commission shall make an audiovisual recording of
426426 each hearing conducted under this section and ensure the recording
427427 is made publicly available on the legislature's Internet website
428428 not later than 48 hours after the hearing concludes.
429429 Sec. 581.156. LEGAL CHALLENGE. (a) The commission has sole
430430 standing to defend a legal challenge to a final map certified under
431431 Section 581.151 before a court other than the Texas Supreme Court or
432432 a Texas court of appeals. The legislature may provide adequate
433433 funding and other resources to the commission to defend a certified
434434 final map. The attorney general shall, at the commission's request,
435435 represent the commission in defense of a certified final map. The
436436 commission may, in its sole discretion, retain legal counsel other
437437 than the attorney general to represent the commission in defense of
438438 a certified final map before a court other than the Texas Supreme
439439 Court or a Texas court of appeals.
440440 (b) Any registered voter in this state may file a petition
441441 for a writ of mandamus or writ of prohibition, not later than the
442442 45th day after a final map is certified to the secretary of state,
443443 to bar the secretary of state from implementing the map on the
444444 grounds that the map violates the Texas Constitution, the United
445445 States Constitution, or any federal or state statute.
446446 (c) If the court determines that a final certified map
447447 violates the Texas Constitution, the United States Constitution, or
448448 any federal or state statute, the court shall fashion the relief
449449 that the court deems appropriate, including the relief described by
450450 Section 581.151(f).
451451 SUBCHAPTER E. ADMINISTRATIVE SUPPORT AND OTHER RESOURCES
452452 Sec. 581.201. ADMINISTRATIVE SUPPORT BY SECRETARY OF STATE.
453453 Following the appointment of new commission members in each census
454454 year, the secretary of state shall provide administrative support
455455 to the commission until the commission's staff and office are fully
456456 functional.
457457 Sec. 581.202. PER DIEM AND EXPENSES. (a) A commission
458458 member is entitled to a per diem of $300 or the amount provided by
459459 Subsection (b) for each day the member is engaged in commission
460460 business.
461461 (b) On January 1 of each census year the per diem amount
462462 prescribed by Subsection (a) is increased or decreased by an amount
463463 equal to the amount prescribed by that subsection on December 31 of
464464 the preceding year multiplied by the percentage increase or
465465 decrease during the preceding decade in the Consumer Price Index
466466 for All Urban Consumers (CPI-U), U.S. City Average, as published by
467467 the United States Bureau of Labor Statistics or its successor in
468468 function.
469469 (c) A commission member is eligible for reimbursement of
470470 expenses incurred in connection with the member's performance of
471471 duties under this chapter.
472472 (d) For purposes of calculating expense reimbursement, a
473473 member's residence is considered to be the member's place of
474474 employment.
475475 SECTION 3. Section 2058.002(a), Government Code, is amended
476476 to read as follows:
477477 (a) The legislature or the Independent Citizen
478478 [Legislative] Redistricting Commission [Board under Article III,
479479 Section 28, of the Texas Constitution] may officially recognize or
480480 act on a federal decennial census before September 1 of the year
481481 after the calendar year during which the census was taken.
482482 SECTION 4. Chapter 581, Government Code, as added by this
483483 Act, applies only in relation to a United States decennial census
484484 taken on or after January 1, 2030. The establishment or
485485 modification of district boundaries in connection with a United
486486 States decennial census taken before that date, including any legal
487487 challenge, is governed by the law in effect immediately before the
488488 effective date of this Act, and the former law is continued in
489489 effect for that purpose.
490490 SECTION 5. This Act takes effect September 1, 2029, but only
491491 if the constitutional amendment proposed by the 89th Legislature,
492492 Regular Session, 2025, to establish the Independent Citizen
493493 Redistricting Commission to redistrict the Texas Legislature,
494494 Texas congressional districts, and State Board of Education
495495 districts and revising procedures for redistricting is approved by
496496 the voters. If that proposed constitutional amendment is not
497497 approved by the voters, this Act has no effect.