Texas 2025 - 89th Regular

Texas Senate Bill SB180 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Menéndez S.B. No. 180
2	2
3	3
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the Texas Redistricting Commission.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 42.032, Election Code, is amended to
11	11	read as follows:
12	12	Sec. 42.032. REDISTRICTING: BOUNDARY CHANGES. If changes
13	13	in county election precinct boundaries are necessary to give effect
14	14	to a redistricting plan under Article III, Section 28a [28], of the
15	15	Texas Constitution, each commissioners court shall order the
16	16	changes before October 1 of the year in which the redistricting is
17	17	done.
18	18	SECTION 2. The heading to Title 5, Government Code, is
19	19	amended to read as follows:
20	20	TITLE 5. OPEN GOVERNMENT; ETHICS; REDISTRICTING
21	21	SECTION 3. Title 5, Government Code, is amended by adding
22	22	Subtitle C to read as follows:
23	23	SUBTITLE C. REDISTRICTING
24	24	CHAPTER 581. TEXAS REDISTRICTING COMMISSION
25	25	SUBCHAPTER A. GENERAL PROVISIONS
26	26	Sec. 581.001. DEFINITIONS. In this chapter:
27	27	(1) "Census year," "commission," and "statewide
28	28	primary election" have the meanings assigned by Section 28b(a),
29	29	Article III, Texas Constitution.
30	30	(2) "Immediate family member" means a person's spouse,
31	31	parent, child, sibling, in-law, or other individual with whom the
32	32	person has a bona fide family relationship established through
33	33	blood or legal relation.
34	34	Sec. 581.002. COMPUTATION OF TIME. For purposes of this
35	35	chapter, a day means a calendar day, except that if the final day of
36	36	a period within which an action may or must be performed is a
37	37	Saturday, Sunday, national holiday, or state holiday, the period is
38	38	extended to the next day that is not a Saturday, Sunday, or holiday.
39	39	Sec. 581.003. RETALIATION FOR ATTENDING COMMISSION MEETING
40	40	PROHIBITED. Notwithstanding any other law, an employer may not
41	41	discharge, threaten to discharge, intimidate, coerce, or retaliate
42	42	against an employee because of the employee's attendance or
43	43	scheduled attendance at any meeting of the commission.
44	44	SUBCHAPTER B. SELECTION OF COMMISSION MEMBERS
45	45	Sec. 581.051. APPLICATIONS. (a) Not later than August 15
46	46	of each year preceding a census year, the state auditor shall
47	47	initiate an application process for commission members.
48	48	(b) The process must be open to all registered voters of
49	49	this state and promote a diverse and qualified applicant pool.
50	50	Sec. 581.052. CONFLICTS OF INTEREST. (a) The state auditor
51	51	shall remove an applicant with a conflict of interest from the
52	52	applicant pool, including an applicant:
53	53	(1) who at any point during the 10 years preceding the
54	54	application date:
55	55	(A) was appointed or elected to, or was a
56	56	candidate for, federal or state office;
57	57	(B) served as an officer, employee, or paid
58	58	consultant of a political party or of the campaign committee of a
59	59	candidate for elective federal or state office;
60	60	(C) served as an elected or appointed member of a
61	61	political party's executive committee;
62	62	(D) was a registered lobbyist;
63	63	(E) served as a paid staff member for Congress or
64	64	the legislature; or
65	65	(F) contributed at least $2,000 or the amount
66	66	provided by Subsection (b) to any congressional, state, or local
67	67	candidate for elective public office in any year;
68	68	(2) with an immediate family member who would be
69	69	disqualified as an applicant under Subdivision (1); or
70	70	(3) who is an employee of, a consultant to, party to a
71	71	contract with, or an immediate family member of the governor, a
72	72	member of the legislature, or a member of Congress.
73	73	(b) Beginning in 2029, on January 1 of each year ending in
74	74	the numeral 9, the contribution amount prescribed by Subsection
75	75	(a)(1)(F) is increased or decreased by an amount equal to the amount
76	76	prescribed by that paragraph on December 31 of the preceding year
77	77	multiplied by the percentage increase or decrease during the
78	78	preceding decade in the Consumer Price Index for All Urban
79	79	Consumers (CPI-U), U.S. City Average, as published by the United
80	80	States Bureau of Labor Statistics or its successor in function.
81	81	Sec. 581.053. SELECTION OF APPLICANT SUBPOOLS. (a) After
82	82	removing individuals with conflicts of interest from the applicant
83	83	pool under Section 581.052, the state auditor shall, not later than
84	84	March 15 of each census year, publicize the names of individuals in
85	85	the applicant pool.
86	86	(b) From the applicant pool described by Subsection (a), the
87	87	state auditor shall select:
88	88	(1) a majority subpool consisting of 20 of the most
89	89	qualified applicants who would qualify as majority party members
90	90	under Section 28b(e)(1), Article III, Texas Constitution;
91	91	(2) a minority subpool consisting of 20 of the most
92	92	qualified applicants who would qualify as minority party members
93	93	under Section 28b(e)(2), Article III, Texas Constitution; and
94	94	(3) an independent subpool consisting of 20 of the
95	95	most qualified applicants who would qualify as independent members
96	96	under Section 28b(e)(3), Article III, Texas Constitution.
97	97	(c) The state auditor shall select the members of the
98	98	applicant subpools based on relevant analytical skills, ability to
99	99	be impartial, and appreciation for this state's diverse
100	100	demographics and geography.
101	101	(d) Before drawing the members of the commission under
102	102	Section 581.054, the state auditor may not communicate with:
103	103	(1) a member, or a representative of a member, of the
104	104	senate, the house of representatives, or Congress about any matter
105	105	related to the selection process; or
106	106	(2) a member of the applicant pool, other than to
107	107	notify each member of the pool in writing whether the member was
108	108	selected for an applicant subpool.
109	109	Sec. 581.054. DRAWING TO SELECT FIRST EIGHT COMMISSION
110	110	MEMBERS. Not later than July 5 of each census year, the state
111	111	auditor shall select the first eight members of the commission by
112	112	randomly drawing:
113	113	(1) three applicants from the majority subpool;
114	114	(2) three applicants from the minority subpool; and
115	115	(3) two applicants from the independent subpool.
116	116	Sec. 581.055. APPOINTMENT OF SECOND SIX COMMISSION MEMBERS.
117	117	(a) Not later than August 15 of each census year, the eight
118	118	commission members selected under Section 581.054 shall review the
119	119	remaining applicants in each subpool and appoint to the commission:
120	120	(1) two remaining applicants from the majority
121	121	subpool;
122	122	(2) two remaining applicants from the minority
123	123	subpool; and
124	124	(3) two remaining applicants from the independent
125	125	subpool.
126	126	(b) An appointment under Subsection (a) must be approved by
127	127	at least five affirmative votes of commission members selected
128	128	under Section 581.054, including at least two votes of commission
129	129	members drawn from the majority subpool, at least two votes of
130	130	commission members drawn from the minority subpool, and at least
131	131	one vote of a commission member drawn from the independent subpool.
132	132	(c) In making appointments under Subsection (a), the
133	133	commission members shall ensure that the commission reflects this
134	134	state's diversity, including racial, ethnic, geographic, and
135	135	gender diversity. However, the legislature does not intend that
136	136	formulas or specific ratios be applied for this purpose.
137	137	(d) Appointments under Subsection (a) shall also be made
138	138	based on relevant analytical skills and the ability to be
139	139	impartial.
140	140	SUBCHAPTER C. ORGANIZATION OF COMMISSION
141	141	Sec. 581.101. OFFICERS. The commission shall select one
142	142	member as chair and one member as vice chair. The chair and vice
143	143	chair may not both be majority party members, minority party
144	144	members, or independent members as described by Section 28b(e),
145	145	Article III, Texas Constitution.
146	146	Sec. 581.102. REMOVAL OF COMMISSION MEMBER. (a) After
147	147	having been served written notice and provided with an opportunity
148	148	for a response, a commission member may be removed by the governor
149	149	with the concurrence of two-thirds of the members of the senate for
150	150	substantial neglect of duty, gross misconduct in office, or
151	151	inability to discharge the duties of office.
152	152	(b) A commission member removed for substantial neglect of
153	153	duty or gross misconduct in office may be referred to the attorney
154	154	general for criminal investigation or to an appropriate
155	155	administrative agency for investigation.
156	156	Sec. 581.103. VACANCY. (a) A vacancy on the commission
157	157	that occurs before December 31 of a year ending in the numeral 2
158	158	shall be filled, not later than the 30th day after the date the
159	159	vacancy occurs, by appointment by the commission of a remaining
160	160	applicant from the same applicant subpool as the vacating member.
161	161	(b) A vacancy on the commission that occurs on or after
162	162	December 31 of a year ending in the numeral 2 shall be filled, not
163	163	later than the 90th day after the date the vacancy occurs, by
164	164	appointment by the commission of a remaining applicant from the
165	165	same applicant subpool as the vacating member.
166	166	(c) If a vacancy on the commission occurs and no applicant
167	167	from the same applicant subpool as the vacating member is available
168	168	for appointment to the commission, the state auditor shall solicit
169	169	and select an appropriate number of new applicants for the
170	170	applicable subpool using, to the extent practicable, the procedures
171	171	provided by Sections 581.051, 581.052, and 581.053(a)-(c) but
172	172	disregarding the deadlines provided by those sections. The
173	173	commission shall fill the vacancy as soon as practicable by
174	174	appointment of one of the new applicants described by this
175	175	subsection.
176	176	SUBCHAPTER D. COMMISSION POWERS AND DUTIES
177	177	Sec. 581.151. OPEN MEETINGS. (a) The commission is a
178	178	governmental body for purposes of Chapter 551.
179	179	(b) Notwithstanding Chapter 551, the secretary of state
180	180	must post notice on the Internet of a meeting of the commission for
181	181	at least:
182	182	(1) 14 days before the date of a meeting, other than a
183	183	meeting described by Subdivision (2); or
184	184	(2) three days before the date of a meeting held in
185	185	August of a year following a census year.
186	186	(c) Except in a closed meeting authorized by Subchapter D,
187	187	Chapter 551, a member or employee of the commission may not
188	188	communicate with or knowingly receive communications about a
189	189	redistricting matter from anyone outside of an open meeting.
190	190	Sec. 581.152. PUBLIC INFORMATION. (a) The commission is a
191	191	governmental body for purposes of Chapter 552.
192	192	(b) The commission shall post information relating to
193	193	redistricting and all data considered by the commission in a manner
194	194	that ensures immediate and widespread public access.
195	195	Sec. 581.153. EMPLOYEES AND CONTRACTORS. (a) The
196	196	commission may hire employees and hire or contract with legal
197	197	counsel and consultants as needed in the manner provided by this
198	198	section.
199	199	(b) The commission must make hiring, removal, or
200	200	contracting decisions for employees, legal counsel, and
201	201	consultants by the affirmative vote of at least nine members,
202	202	including at least three majority party members, at least three
203	203	minority party members, and at least three independent members as
204	204	described by Section 28b(e), Article III, Texas Constitution.
205	205	(c) The commission shall ensure that at least one of the
206	206	legal counsel hired by the commission has demonstrated extensive
207	207	experience and expertise in implementing and enforcing the Voting
208	208	Rights Act of 1965 (52 U.S.C. Section 10101 et seq.).
209	209	(d) The commission shall establish for individuals
210	210	described by Subsection (a):
211	211	(1) clear criteria for hiring and removal;
212	212	(2) communication protocols; and
213	213	(3) a code of conduct.
214	214	(e) To the extent practicable, the commission shall avoid
215	215	selecting employees, legal counsel, or consultants who would be
216	216	disqualified from commission membership because of a conflict of
217	217	interest described by Section 581.052(a).
218	218	Sec. 581.154. PUBLIC OUTREACH. (a) The commission shall
219	219	establish and implement an open hearing process for public input
220	220	and deliberation that is subject to public notice and promoted
221	221	through a thorough outreach program to solicit broad public
222	222	participation in the redistricting public review process.
223	223	(b) The hearing process must include hearings to receive
224	224	public input before the commission draws any maps and hearings
225	225	following the drawing and display of any commission maps. The
226	226	commission shall hold at least one hearing in each senate district.
227	227	In addition, the commission shall supplement hearings with other
228	228	appropriate activities to further increase opportunities for the
229	229	public to observe and participate in the review process. The
230	230	commission shall broadcast live audio and video of each hearing on
231	231	the commission's Internet website or using a comparable means of
232	232	communicating with the public. The commission shall provide public
233	233	access to recorded audio and video of each hearing on the
234	234	commission's Internet website or using a comparable means of
235	235	communicating with the public for at least 10 years following the
236	236	hearing.
237	237	(c) The commission shall display maps for public comment in
238	238	a manner designed to achieve the widest public access reasonably
239	239	possible.
240	240	(d) The commission shall publicly display preliminary maps
241	241	for congressional, senate, and house of representatives districts
242	242	not later than July 1 of each year following a census year and shall
243	243	accept public comment for at least 14 days after the date the
244	244	preliminary maps are first publicly displayed. The commission may
245	245	not display any other maps for public comment during that 14-day
246	246	period.
247	247	(e) The commission shall publicly display any subsequent
248	248	version of a preliminary map for at least seven days and shall
249	249	accept public comment for at least seven days after the date the
250	250	subsequent version is first publicly displayed.
251	251	(f) The commission shall publicly display a final map for at
252	252	least three days and shall accept public comment for at least three
253	253	days after the date the final version is first publicly displayed.
254	254	(g) The commission shall maintain an Internet website or
255	255	comparable means of communicating with the public through which any
256	256	resident of this state may submit a proposed map, written comments,
257	257	or both, without attending a commission hearing.
258	258	Sec. 581.155. PROCUREMENT AND CONTRACTING. The commission,
259	259	with fiscal oversight from the comptroller, has procurement and
260	260	contracting authority.
261	261	SUBCHAPTER E. ADMINISTRATIVE SUPPORT AND OTHER RESOURCES
262	262	Sec. 581.201. ADMINISTRATIVE SUPPORT BY STATE AUDITOR.
263	263	Following the appointment of new commission members in each census
264	264	year, the state auditor shall provide administrative support to the
265	265	commission until the commission's staff and office are fully
266	266	functional.
267	267	Sec. 581.202. COMPUTER RESOURCES. The legislature shall
268	268	ensure that a complete and accurate computerized database is
269	269	available for redistricting and that procedures are in place to
270	270	provide the public with ready access to redistricting data and
271	271	computer software for drawing maps. The legislature shall
272	272	coordinate these efforts with the commission from the time the
273	273	commission is formed until the commission dissolves.
274	274	Sec. 581.203. PER DIEM AND EXPENSES. (a) A commission
275	275	member is entitled to a per diem of $300 or the amount provided by
276	276	Subsection (b) for each day the member is engaged in commission
277	277	business.
278	278	(b) Beginning in 2030, on January 1 of each census year the
279	279	per diem amount prescribed by Subsection (a) is increased or
280	280	decreased by an amount equal to the amount prescribed by that
281	281	subsection on December 31 of the preceding year multiplied by the
282	282	percentage increase or decrease during the preceding decade in the
283	283	Consumer Price Index for All Urban Consumers (CPI-U), U.S. City
284	284	Average, as published by the United States Bureau of Labor
285	285	Statistics or its successor in function.
286	286	(c) A commission member is eligible for reimbursement of
287	287	expenses incurred in connection with the member's performance of
288	288	duties under this chapter and under Sections 28a, 28b, and 28c,
289	289	Article III, Texas Constitution.
290	290	(d) For purposes of calculating expense reimbursement, a
291	291	member's residence is considered to be the member's place of
292	292	employment.
293	293	SECTION 4. Section 24.945(e), Government Code, is amended
294	294	to read as follows:
295	295	(e) The legislature, the Judicial Districts Board, or the
296	296	Texas [Legislative] Redistricting Commission [Board] may not
297	297	redistrict the judicial districts to provide for any judicial
298	298	district smaller in size than an entire county except as provided by
299	299	this subsection. Judicial districts smaller in size than the
300	300	entire county may be created subsequent to a general election in
301	301	which a majority of the persons voting on the proposition adopt the
302	302	proposition "to allow the division of ____________________ County
303	303	into judicial districts composed of parts of ____________________
304	304	County." A redistricting plan may not be proposed or adopted by the
305	305	legislature, the Judicial Districts Board, or the Texas
306	306	[Legislative] Redistricting Commission [Board] in anticipation of
307	307	a future action by the voters of any county.
308	308	SECTION 5. Section 24.946(a), Government Code, is amended
309	309	to read as follows:
310	310	(a) The board shall meet in accordance with its own rules.
311	311	The board shall meet at least once in each interim between regular
312	312	sessions of the legislature and shall exercise its reapportionment
313	313	powers only in the interims between regular legislative sessions.
314	314	Meetings of the board shall be subject to the provisions of Chapter
315	315	551, except as otherwise provided by this subchapter. A
316	316	reapportionment may not be ordered in the interim immediately
317	317	following a regular session of the legislature in which a valid and
318	318	subsisting statewide reapportionment of judicial districts is
319	319	enacted by the legislature. Unless the legislature enacts a
320	320	statewide reapportionment of the judicial districts following each
321	321	federal decennial census, the board shall convene not later than
322	322	the first Monday of June of the third year following the year in
323	323	which the federal decennial census is taken to make a statewide
324	324	reapportionment of the districts. The board shall complete its
325	325	work on the reapportionment and file its order with the secretary of
326	326	state not later than August 31 of the same year. If the Judicial
327	327	Districts Board fails to make a statewide apportionment by that
328	328	date, the Texas [Legislative] Redistricting Commission [Board]
329	329	established by Article III, Section 28b [28], of the Texas
330	330	Constitution shall make a statewide reapportionment of the judicial
331	331	districts not later than the 90th [150th] day after the final day
332	332	for the Judicial Districts Board to make the reapportionment, and
333	333	that apportionment takes effect as provided by Sections 24.948 and
334	334	24.949.
335	335	SECTION 6. Section 2058.002(a), Government Code, is amended
336	336	to read as follows:
337	337	(a) The legislature or the Texas [Legislative]
338	338	Redistricting Commission [Board] under Article III, Section 28b
339	339	[28], of the Texas Constitution may officially recognize or act on a
340	340	federal decennial census before September 1 of the year after the
341	341	calendar year during which the census was taken.
342	342	SECTION 7. This Act takes effect January 1, 2029, but only
343	343	if the constitutional amendment proposed by the 89th Legislature,
344	344	Regular Session, 2025, establishing the Texas Redistricting
345	345	Commission to redistrict the Texas Legislature and Texas
346	346	congressional districts and revising procedures for redistricting
347	347	is approved by the voters. If that amendment is not approved by the
348	348	voters, this Act has no effect.