1 | 1 | | 89R345 JRJ-F |
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2 | 2 | | By: Zaffirini S.B. No. 69 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the establishment of the Texas Redistricting |
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10 | 10 | | Commission. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. The heading to Title 5, Government Code, is |
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13 | 13 | | amended to read as follows: |
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14 | 14 | | TITLE 5. OPEN GOVERNMENT; ETHICS; REDISTRICTING |
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15 | 15 | | SECTION 2. Title 5, Government Code, is amended by adding |
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16 | 16 | | Subtitle C to read as follows: |
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17 | 17 | | SUBTITLE C. REDISTRICTING |
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18 | 18 | | CHAPTER 581. TEXAS REDISTRICTING COMMISSION |
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19 | 19 | | SUBCHAPTER A. GENERAL PROVISIONS |
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20 | 20 | | Sec. 581.001. DEFINITIONS. In this chapter: |
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21 | 21 | | (1) "Census year" means a calendar year in which the |
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22 | 22 | | United States decennial census is taken. |
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23 | 23 | | (2) "Commission" means the Texas Redistricting |
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24 | 24 | | Commission. |
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25 | 25 | | SUBCHAPTER B. POWERS AND DUTIES |
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26 | 26 | | Sec. 581.051. POWERS AND DUTIES OF COMMISSION. The |
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27 | 27 | | commission has the sole responsibility to create districts for the |
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28 | 28 | | election of members of the United States House of Representatives, |
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29 | 29 | | the Texas House of Representatives, and the Texas Senate. |
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30 | 30 | | SUBCHAPTER C. MEMBERSHIP |
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31 | 31 | | Sec. 581.101. ELIGIBILITY. (a) Except as otherwise |
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32 | 32 | | provided by this subchapter, a Texas voter who is older than 25 |
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33 | 33 | | years of age is eligible for membership on the commission. |
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34 | 34 | | (b) An applicant for appointment to the commission must |
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35 | 35 | | submit an application to the secretary of state. |
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36 | 36 | | (c) An applicant for appointment by members of the |
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37 | 37 | | legislature belonging to a political party must have voted in that |
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38 | 38 | | party's previous four primary elections. An applicant for |
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39 | 39 | | appointment as an independent member may not have voted |
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40 | 40 | | consecutively in the same political party's primary election during |
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41 | 41 | | the previous three primary elections. |
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42 | 42 | | (d) An applicant is ineligible for membership on the |
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43 | 43 | | commission if the applicant: |
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44 | 44 | | (1) holds a public office; |
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45 | 45 | | (2) has held a public office in the four years |
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46 | 46 | | preceding appointment to the commission; |
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47 | 47 | | (3) is running for public office; |
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48 | 48 | | (4) is working under an elected official; |
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49 | 49 | | (5) is working for a political campaign for state or |
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50 | 50 | | federal office; or |
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51 | 51 | | (6) is a registered state or federal lobbyist. |
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52 | 52 | | (e) A commission member may not: |
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53 | 53 | | (1) run for public office during the member's term; |
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54 | 54 | | (2) run for public office during the two years |
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55 | 55 | | following the adoption of a redistricting plan by the commission; |
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56 | 56 | | (3) work under an elected official during the member's |
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57 | 57 | | term; |
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58 | 58 | | (4) work for or contribute to a campaign for state or |
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59 | 59 | | federal office during the member's term; or |
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60 | 60 | | (5) register as a state or federal lobbyist during the |
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61 | 61 | | member's term. |
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62 | 62 | | Sec. 581.102. MEMBERSHIP AND TERMS. (a) The commission |
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63 | 63 | | consists of nine members chosen from eligible applicants under |
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64 | 64 | | Section 581.101. |
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65 | 65 | | (b) Eight members of the commission shall be appointed in a |
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66 | 66 | | bipartisan manner by the legislature, as follows: |
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67 | 67 | | (1) two members are appointed by a majority vote of the |
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68 | 68 | | members of the Texas House of Representatives belonging to the |
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69 | 69 | | political party with the most members in the house of |
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70 | 70 | | representatives; |
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71 | 71 | | (2) two members are appointed by a majority vote of the |
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72 | 72 | | members of the Texas House of Representatives belonging to the |
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73 | 73 | | political party with the second highest number of members in the |
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74 | 74 | | house of representatives; |
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75 | 75 | | (3) two members are appointed by a majority vote of the |
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76 | 76 | | members of the Texas Senate belonging to the political party with |
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77 | 77 | | the most members in the senate; and |
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78 | 78 | | (4) two members are appointed by a majority vote of the |
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79 | 79 | | members of the Texas Senate belonging to the political party with |
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80 | 80 | | the second highest number of members in the senate. |
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81 | 81 | | (c) The ninth member of the commission shall be chosen from |
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82 | 82 | | among the independent applicants by the eight members appointed by |
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83 | 83 | | the legislature. The appointment requires at least five votes and |
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84 | 84 | | shall be made not later than the 30th day after the commission |
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85 | 85 | | convenes. The ninth member serves as a nonvoting presiding |
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86 | 86 | | officer, except that the member shall vote to break any tie vote on |
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87 | 87 | | the final adoption of a redistricting plan. |
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88 | 88 | | (d) At least one member of the commission chosen by members |
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89 | 89 | | of each chamber of the legislature must reside in a county that is |
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90 | 90 | | not part of a metropolitan statistical area as defined by the United |
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91 | 91 | | States Office of Management and Budget. |
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92 | 92 | | (e) Commission members serve three-year terms that begin on |
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93 | 93 | | February 1 of the year following the census year. The commission may |
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94 | 94 | | vote to: |
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95 | 95 | | (1) terminate their terms early and dissolve following |
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96 | 96 | | the adoption of all redistricting plans; or |
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97 | 97 | | (2) extend their terms as necessary to fulfill the |
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98 | 98 | | commission's obligations under the constitution. |
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99 | 99 | | (f) The commission shall convene on the first business day |
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100 | 100 | | in February of the year following the census year and at other times |
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101 | 101 | | necessary to fulfill its obligations under the constitution. |
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102 | 102 | | (g) Vacancies on the commission shall be filled not later |
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103 | 103 | | than the 20th day after the vacancy occurs in the same manner as the |
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104 | 104 | | vacated position is filled under Subsections (b) and (c). |
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105 | 105 | | (h) If the appointments under Subsection (b) are not made by |
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106 | 106 | | February 1 of the year following the census year, the caucus of the |
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107 | 107 | | political party whose members are responsible for the appointment |
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108 | 108 | | shall appoint the commission member not later than February 11. If |
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109 | 109 | | the commission fails to appoint its presiding officer when |
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110 | 110 | | required, the supreme court shall make the appointment not later |
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111 | 111 | | than March 15. |
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112 | 112 | | (i) Members of the commission must take a constitutional |
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113 | 113 | | oath of office. |
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114 | 114 | | SUBCHAPTER D. OPERATION OF THE COMMISSION |
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115 | 115 | | Sec. 581.151. FUNDING AND RESOURCES. (a) The legislature |
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116 | 116 | | shall appropriate sufficient money for the compensation and payment |
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117 | 117 | | of the expenses of commission members and any staff employed by the |
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118 | 118 | | commission. |
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119 | 119 | | (b) The commission shall be provided access to statistical |
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120 | 120 | | or other information compiled by the state or its political |
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121 | 121 | | subdivisions as necessary to perform the commission's duties. |
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122 | 122 | | (c) The Texas Legislative Council shall provide the |
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123 | 123 | | technical staff and clerical services that the commission needs to |
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124 | 124 | | prepare redistricting plans. |
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125 | 125 | | (d) After the commission suspends operations, the secretary |
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126 | 126 | | of state becomes the custodian of its official records for purposes |
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127 | 127 | | of election administration. Any unexpended money from an |
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128 | 128 | | appropriation to the commission reverts to the general revenue |
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129 | 129 | | fund. |
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130 | 130 | | Sec. 581.152. PROCEDURE. (a) The commission shall adopt |
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131 | 131 | | its own procedural rules. The adoption of a final redistricting |
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132 | 132 | | plan by the commission requires at least five votes. |
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133 | 133 | | (b) The commission shall adopt each redistricting plan not |
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134 | 134 | | later than November 15 of the year following the census year. |
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135 | 135 | | (c) If the commission does not adopt a plan before November |
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136 | 136 | | 16 of the year following the census year, the Texas Supreme Court |
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137 | 137 | | shall adopt a plan not later than December 30. |
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138 | 138 | | (d) The commission shall submit each adopted redistricting |
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139 | 139 | | plan to the governor, the secretary of state, and the presiding |
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140 | 140 | | officer of each chamber of the legislature. |
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141 | 141 | | Sec. 581.153. CHALLENGES TO PLAN. (a) After a |
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142 | 142 | | redistricting plan has been adopted by the commission or the Texas |
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143 | 143 | | Supreme Court, any aggrieved person may file a petition with the |
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144 | 144 | | Texas Supreme Court to challenge the plan. |
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145 | 145 | | (b) If the final judgment of a state or federal court |
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146 | 146 | | invalidates all or part of a redistricting plan or otherwise makes |
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147 | 147 | | it unenforceable, the commission shall reconvene to modify and |
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148 | 148 | | adopt a new plan before January 31 of the next year. |
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149 | 149 | | (c) The commission may reconvene on the motion of at least |
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150 | 150 | | four members filed with the secretary of state any time after a |
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151 | 151 | | redistricting plan has been adopted to modify the plan and at other |
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152 | 152 | | times necessary to fulfill its obligations under the constitution. |
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153 | 153 | | Sec. 581.154. PLAN REQUIREMENTS. To the extent practicable |
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154 | 154 | | to comply with federal law, a redistricting plan adopted by the |
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155 | 155 | | commission must be composed of: |
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156 | 156 | | (1) districts contiguous with one another; |
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157 | 157 | | (2) districts of nearly equal population; and |
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158 | 158 | | (3) districts that are compact and convenient, and |
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159 | 159 | | separated from adjoining districts by natural geographic barriers, |
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160 | 160 | | artificial barriers, or political subdivision boundaries. |
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161 | 161 | | Sec. 581.155. PLAN REPORT. (a) Each redistricting plan the |
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162 | 162 | | commission adopts must include a report, given to the secretary of |
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163 | 163 | | state, that includes: |
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164 | 164 | | (1) the total population of each district with its |
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165 | 165 | | deviation from the average district population; |
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166 | 166 | | (2) an explanation of the criteria used for the |
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167 | 167 | | redistricting plan, with a justification of the deviation from the |
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168 | 168 | | average district population for each district; |
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169 | 169 | | (3) a map for each district; |
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170 | 170 | | (4) a financial statement disclosing all expenditures |
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171 | 171 | | made by the commission; and |
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172 | 172 | | (5) relevant information developed by the commission |
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173 | 173 | | in carrying out its duties, including maps, data, meeting minutes, |
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174 | 174 | | written communications, and other information. |
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175 | 175 | | (b) The secretary of state shall make a copy of the report |
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176 | 176 | | available to the public. |
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177 | 177 | | SECTION 3. (a) Except as otherwise provided by Subsection |
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178 | 178 | | (b) of this section, this Act takes effect January 1, 2030. |
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179 | 179 | | (b) This Act takes effect only if the constitutional |
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180 | 180 | | amendment proposed by the 89th Legislature, Regular Session, 2025, |
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181 | 181 | | establishing the Texas Redistricting Commission to redistrict the |
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182 | 182 | | United States House of Representatives and the Texas Legislature is |
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183 | 183 | | approved by the voters. If that proposed constitutional amendment |
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184 | 184 | | is not approved by the voters, this Act has no effect. |
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