Texas 2025 - 89th Regular

Texas House Bill HJR205 Compare Versions

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1	1	89R16151 MLH-F
2	2	By: Talarico H.J.R. No. 205
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7	7	A JOINT RESOLUTION
8	8	proposing a constitutional amendment establishing the Independent
9	9	Citizen Redistricting Commission to redistrict the Texas
10	10	Legislature, Texas congressional districts, and State Board of
11	11	Education districts and revising procedures for redistricting.
12	12	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Article III, Texas Constitution, is amended by
14	14	adding Sections 28a, 28b, and 28c to read as follows:
15	15	Sec. 28a. (a) In the year following a year in which the
16	16	United States decennial census is taken, the Independent Citizen
17	17	Redistricting Commission described by Section 28b of this article
18	18	shall adjust the boundary lines of the districts for the election of
19	19	the members of the United States House of Representatives elected
20	20	from this state, the members of the Texas Senate, the members of the
21	21	Texas House of Representatives, and the members of the State Board
22	22	of Education in accordance with the standards and process provided
23	23	by Section 28b of this article.
24	24	(b) Districts described by Subsection (a) of this section
25	25	must be single-member districts, each entitled to elect one member
26	26	of the United States House of Representatives, the Texas Senate,
27	27	the Texas House of Representatives, or the State Board of
28	28	Education, as applicable.
29	29	Sec. 28b. (a) In this section:
30	30	(1) "Census year" means a calendar year in which the
31	31	United States decennial census is taken.
32	32	(2) "Commission" means the Independent Citizen
33	33	Redistricting Commission.
34	34	(3) "Majority party" means, with respect to a
35	35	commission member, the political party with the most total votes
36	36	cast in the four statewide primary elections preceding the member's
37	37	appointment.
38	38	(4) "Minority party" means, with respect to a
39	39	commission member, the political party with the second highest
40	40	number of total votes cast in the four statewide primary elections
41	41	preceding the member's appointment.
42	42	(5) "Statewide primary election" means an election
43	43	held by a political party to select its nominee for governor or for
44	44	President of the United States. The term does not include a runoff
45	45	primary election.
46	46	(b) Not later than December 31 of each census year, the
47	47	members of the Independent Citizen Redistricting Commission shall
48	48	be appointed and the commission shall commence the redistricting
49	49	process for the districts described by Section 28a(a) of this
50	50	article in connection with the census taken that year.
51	51	(c) The commission members shall:
52	52	(1) conduct an open and transparent process enabling
53	53	full public consideration of, and comment on, the drawing of
54	54	district lines;
55	55	(2) draw district lines according to the redistricting
56	56	criteria specified in this section; and
57	57	(3) conduct themselves with integrity and fairness.
58	58	(d) The selection process for commission members is
59	59	designed to produce a commission that is independent from
60	60	legislative influence and reasonably representative of this
61	61	state's diversity.
62	62	(e) The commission consists of 14 members as follows:
63	63	(1) five majority party members, each of whom:
64	64	(A) voted in at least two of the five statewide
65	65	primary elections preceding the member's appointment held by the
66	66	majority party;
67	67	(B) did not vote in any of the four statewide
68	68	primary elections preceding the member's appointment held by a
69	69	political party other than the majority party; and
70	70	(C) voted in at least two of the three general
71	71	elections preceding the member's appointment in which the office of
72	72	governor or President of the United States appeared on the ballot;
73	73	(2) five minority party members who:
74	74	(A) voted in at least two of the five statewide
75	75	primary elections preceding the member's appointment held by the
76	76	minority party;
77	77	(B) did not vote in any of the four statewide
78	78	primary elections preceding the member's appointment held by a
79	79	political party other than the minority party; and
80	80	(C) voted in at least two of the three general
81	81	elections preceding the member's appointment in which the office of
82	82	governor or President of the United States appeared on the ballot;
83	83	and
84	84	(3) four independent members who:
85	85	(A) did not vote in any of the five statewide
86	86	primary elections preceding the member's appointment; and
87	87	(B) voted in at least two of the three general
88	88	elections preceding the member's appointment in which the office of
89	89	governor or President of the United States appeared on the ballot.
90	90	(f) The term of office of each commission member expires at
91	91	the time the first commission member is appointed in the next census
92	92	year.
93	93	(g) Nine commission members constitute a quorum. The
94	94	affirmative vote of at least nine commission members is required
95	95	for any official commission action. Each final redistricting map
96	96	must be approved by the affirmative vote of at least nine commission
97	97	members, including at least three majority party members, at least
98	98	three minority party members, and at least three independent
99	99	members, as provided by Subsection (e) of this section.
100	100	(h) Each commission member shall apply this section and
101	101	Sections 28a and 28c of this article in a manner that is impartial
102	102	and that reinforces public confidence in the integrity of the
103	103	redistricting process.
104	104	(i) A commission member is ineligible for a period of 10
105	105	years beginning on the date of appointment to hold a federal,
106	106	state, county, or municipal office elected from this state. A
107	107	commission member is ineligible for a period of five years
108	108	beginning on the date of appointment to:
109	109	(1) hold an appointed federal office representing this
110	110	state;
111	111	(2) hold an appointed state or local office in this
112	112	state;
113	113	(3) serve as a paid employee of or as a paid consultant
114	114	to:
115	115	(A) a member of the United States Congress
116	116	elected from this state;
117	117	(B) the legislature; or
118	118	(C) a member of the legislature; or
119	119	(4) register as a lobbyist in this state.
120	120	(j) The commission shall establish districts described by
121	121	Section 28a(a) of this article through a mapping process using the
122	122	following criteria in the following order of priority:
123	123	(1) all districts must comply with the United States
124	124	Constitution;
125	125	(2) districts for the election of members of the
126	126	United States House of Representatives must achieve population
127	127	equality as nearly as is practicable;
128	128	(3) districts for the election of members of the Texas
129	129	Senate, the Texas House of Representatives, and the State Board of
130	130	Education must have reasonably equal population with other
131	131	districts for the same office except where deviation is required to
132	132	comply with the federal Voting Rights Act of 1965 (52 U.S.C. Section
133	133	10101 et seq.) or is allowable by law;
134	134	(4) all districts must comply with the federal Voting
135	135	Rights Act of 1965 (52 U.S.C. Section 10101 et seq.);
136	136	(5) all districts must be geographically contiguous;
137	137	(6) the geographic integrity of each municipality,
138	138	county, local neighborhood, and local community of interest must be
139	139	respected in a manner that minimizes its division to the extent
140	140	possible without violating the requirements of any of the preceding
141	141	subdivisions of this subsection; and
142	142	(7) to the extent practicable and to the extent that
143	143	compliance with this subdivision does not preclude compliance with
144	144	any of the preceding subdivisions of this subsection, districts
145	145	must be drawn to encourage geographical compactness so that nearby
146	146	areas of population are not bypassed for more distant population.
147	147	(k) For purposes of Subsection (j)(6) of this section, a
148	148	community of interest is a contiguous population that shares common
149	149	social and economic interests that should be included within a
150	150	single district for purposes of that population's effective and
151	151	fair representation. Communities of interest may not be determined
152	152	based on relationships with political parties, incumbents, or
153	153	political candidates.
154	154	(l) The place of residence of any incumbent or political
155	155	candidate may not be considered in the creation of a map. Districts
156	156	may not be drawn for the purpose of favoring or discriminating
157	157	against an incumbent, political candidate, or political party. The
158	158	commission may not consider existing or previously used boundary
159	159	lines for districts used to elect the members of the United States
160	160	House of Representatives, the Texas Legislature, and the State
161	161	Board of Education when drawing districts.
162	162	(m) Not later than September 15 of each year following a
163	163	census year, the commission shall approve final maps that
164	164	separately set forth the boundary lines of the districts for the
165	165	election of the members of the United States House of
166	166	Representatives elected from this state, the members of the Texas
167	167	Senate, the members of the Texas House of Representatives, and the
168	168	members of the State Board of Education. On approval, the
169	169	commission shall certify each final map to the secretary of state.
170	170	(n) The commission shall issue, with each of the four final
171	171	maps, a report that explains the basis on which the commission made
172	172	its decisions in achieving compliance with the criteria listed in
173	173	Subsection (j) of this section and shall include definitions of the
174	174	terms and standards used in drawing each final map.
175	175	(o) If the commission fails to approve a final map with the
176	176	vote and by the date required by this section, the secretary of
177	177	state shall immediately petition the Texas Supreme Court for an
178	178	order directing the appointment of special masters to adjust the
179	179	boundary lines of the districts required to be included in that map
180	180	in accordance with the redistricting criteria and requirements
181	181	provided by Subsections (j), (k), and (l) of this section. On
182	182	approval of the special masters' map, the Texas Supreme Court shall
183	183	certify the map to the secretary of state and the map constitutes
184	184	the certified final map for the districts included in the map.
185	185	(p) The boundary lines of the districts contained in a
186	186	certified final map apply beginning with the next statewide general
187	187	election and any corresponding primary elections.
188	188	(q) The governor shall present to the legislature an
189	189	estimate of the amount of money required for the purposes of this
190	190	section and Sections 28a and 28c of this article. The legislature
191	191	shall appropriate to the state auditor, the secretary of state, and
192	192	the commission amounts sufficient to implement the redistricting
193	193	process required by this section, Sections 28a and 28c of this
194	194	article, and general law. The amounts appropriated must provide
195	195	adequate funding for a statewide outreach program to solicit broad
196	196	public participation in the redistricting process, including the
197	197	solicitation of applicants for commission membership. The office
198	198	of the governor shall provide adequate office and meeting space for
199	199	the commission's operations.
200	200	(r) Consistent with this section and Sections 28a and 28c of
201	201	this article, the legislature by general law shall provide
202	202	procedures for selecting the members of the commission and may
203	203	provide provisions governing the powers, duties, and operations of
204	204	the commission, the removal of a member of the commission for good
205	205	cause, and the manner in which a vacancy on the commission is filled
206	206	by a qualified person. After enactment, the legislature may not
207	207	subsequently amend that general law unless:
208	208	(1) by the same vote required for the adoption of a
209	209	final map, the commission recommends amendment of that general law
210	210	to carry out the purpose and intent of this section and Sections 28a
211	211	and 28c of this article;
212	212	(2) the bill to enact the amendment is approved by a
213	213	vote of at least two-thirds of all the members elected to each house
214	214	of the legislature and becomes law in a manner described by Section
215	215	14, Article IV, of this constitution;
216	216	(3) the bill to enact the amendment is printed and
217	217	distributed in each house of the legislature at least 10 days before
218	218	final passage by the legislature;
219	219	(4) the amendment furthers the purposes of this
220	220	section and Sections 28a and 28c of this article; and
221	221	(5) the amendment is passed by the legislature in a
222	222	year not ending in the numeral 0 or 1.
223	223	Sec. 28c. (a) The Independent Citizen Redistricting
224	224	Commission has sole standing to defend a legal challenge to a final
225	225	map certified under Section 28b of this article. The legislature
226	226	shall provide adequate funding and other resources to the
227	227	commission to defend a certified final map. The attorney general
228	228	shall, at the commission's request, represent the commission in
229	229	defense of a certified final map. The commission may, in its sole
230	230	discretion, retain legal counsel other than the attorney general to
231	231	represent the commission in defense of a certified final map.
232	232	(b) Any registered voter in this state may file a petition
233	233	for a writ of mandamus or writ of prohibition, not later than the
234	234	45th day after a final map is certified to the secretary of state,
235	235	to bar the secretary of state from implementing the map on the
236	236	grounds that the map violates this constitution, the United States
237	237	Constitution, or any federal or state statute.
238	238	(c) If the court determines that a final certified map
239	239	violates this constitution, the United States Constitution, or any
240	240	federal or state statute, the court shall fashion the relief that
241	241	the court deems appropriate, including the relief described by
242	242	Section 28b(o) of this article.
243	243	SECTION 2. Sections 7a(e) and (i), Article V, Texas
244	244	Constitution, are amended to read as follows:
245	245	(e) Unless the legislature enacts a statewide
246	246	reapportionment of the judicial districts following each federal
247	247	decennial census, the board shall convene not later than the first
248	248	Monday of June of the third year following the year in which the
249	249	federal decennial census is taken to make a statewide
250	250	reapportionment of the districts. The board shall complete its
251	251	work on the reapportionment and file its order with the secretary of
252	252	state not later than August 31 of the same year. If the Judicial
253	253	Districts Board fails to make a statewide apportionment by that
254	254	date, the Independent Citizen [Legislative] Redistricting
255	255	Commission [Board] established by Article III, Section 28b [28], of
256	256	this constitution shall convene on September 1 of the same year to
257	257	make a statewide reapportionment of the judicial districts not
258	258	later than the 90th [150th] day after the final day for the Judicial
259	259	Districts Board to make the reapportionment.
260	260	(i) The legislature, the Judicial Districts Board, or the
261	261	Independent Citizen [Legislative] Redistricting Commission [Board]
262	262	may not redistrict the judicial districts to provide for any
263	263	judicial district smaller in size than an entire county except as
264	264	provided by this section. Judicial districts smaller in size than
265	265	the entire county may be created subsequent to a general election
266	266	where a majority of the persons voting on the proposition adopt the
267	267	proposition "to allow the division of ____________ County into
268	268	judicial districts composed of parts of ____________ County." No
269	269	redistricting plan may be proposed or adopted by the legislature,
270	270	the Judicial Districts Board, or the Independent Citizen
271	271	[Legislative] Redistricting Commission [Board] in anticipation of
272	272	a future action by the voters of any county.
273	273	SECTION 3. Sections 25, 26, and 28, Article III, Texas
274	274	Constitution, are repealed.
275	275	SECTION 4. The following temporary provision is added to
276	276	the Texas Constitution:
277	277	TEMPORARY PROVISION. (a) This temporary provision applies
278	278	to the constitutional amendment proposed by the 89th Legislature,
279	279	Regular Session, 2025, establishing the Independent Citizen
280	280	Redistricting Commission to redistrict the Texas Legislature,
281	281	Texas congressional districts, and State Board of Education
282	282	districts and revising procedures for redistricting.
283	283	(b) Section 28b, Article III, of this constitution takes
284	284	effect January 1, 2030.
285	285	(c) On January 1, 2031:
286	286	(1) Sections 28a and 28c, Article III, of this
287	287	constitution take effect;
288	288	(2) the amendments to Section 7a, Article V, of this
289	289	constitution take effect;
290	290	(3) Sections 25, 26, and 28, Article III, of this
291	291	constitution are repealed; and
292	292	(4) the Legislative Redistricting Board is abolished.
293	293	(d) This temporary provision expires January 1, 2032.
294	294	SECTION 5. This proposed constitutional amendment shall be
295	295	submitted to the voters at an election to be held November 4, 2025.
296	296	The ballot shall be printed to permit voting for or against the
297	297	following proposition: "The constitutional amendment establishing
298	298	the Independent Citizen Redistricting Commission to redistrict the
299	299	Texas Legislature, Texas congressional districts, and State Board
300	300	of Education districts and revising procedures for redistricting."