Texas 2025 - 89th Regular

Texas Senate Bill SB69 Compare Versions

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11 89R345 JRJ-F
22 By: Zaffirini S.B. No. 69
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the establishment of the Texas Redistricting
1010 Commission.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. The heading to Title 5, Government Code, is
1313 amended to read as follows:
1414 TITLE 5. OPEN GOVERNMENT; ETHICS; REDISTRICTING
1515 SECTION 2. Title 5, Government Code, is amended by adding
1616 Subtitle C to read as follows:
1717 SUBTITLE C. REDISTRICTING
1818 CHAPTER 581. TEXAS REDISTRICTING COMMISSION
1919 SUBCHAPTER A. GENERAL PROVISIONS
2020 Sec. 581.001. DEFINITIONS. In this chapter:
2121 (1) "Census year" means a calendar year in which the
2222 United States decennial census is taken.
2323 (2) "Commission" means the Texas Redistricting
2424 Commission.
2525 SUBCHAPTER B. POWERS AND DUTIES
2626 Sec. 581.051. POWERS AND DUTIES OF COMMISSION. The
2727 commission has the sole responsibility to create districts for the
2828 election of members of the United States House of Representatives,
2929 the Texas House of Representatives, and the Texas Senate.
3030 SUBCHAPTER C. MEMBERSHIP
3131 Sec. 581.101. ELIGIBILITY. (a) Except as otherwise
3232 provided by this subchapter, a Texas voter who is older than 25
3333 years of age is eligible for membership on the commission.
3434 (b) An applicant for appointment to the commission must
3535 submit an application to the secretary of state.
3636 (c) An applicant for appointment by members of the
3737 legislature belonging to a political party must have voted in that
3838 party's previous four primary elections. An applicant for
3939 appointment as an independent member may not have voted
4040 consecutively in the same political party's primary election during
4141 the previous three primary elections.
4242 (d) An applicant is ineligible for membership on the
4343 commission if the applicant:
4444 (1) holds a public office;
4545 (2) has held a public office in the four years
4646 preceding appointment to the commission;
4747 (3) is running for public office;
4848 (4) is working under an elected official;
4949 (5) is working for a political campaign for state or
5050 federal office; or
5151 (6) is a registered state or federal lobbyist.
5252 (e) A commission member may not:
5353 (1) run for public office during the member's term;
5454 (2) run for public office during the two years
5555 following the adoption of a redistricting plan by the commission;
5656 (3) work under an elected official during the member's
5757 term;
5858 (4) work for or contribute to a campaign for state or
5959 federal office during the member's term; or
6060 (5) register as a state or federal lobbyist during the
6161 member's term.
6262 Sec. 581.102. MEMBERSHIP AND TERMS. (a) The commission
6363 consists of nine members chosen from eligible applicants under
6464 Section 581.101.
6565 (b) Eight members of the commission shall be appointed in a
6666 bipartisan manner by the legislature, as follows:
6767 (1) two members are appointed by a majority vote of the
6868 members of the Texas House of Representatives belonging to the
6969 political party with the most members in the house of
7070 representatives;
7171 (2) two members are appointed by a majority vote of the
7272 members of the Texas House of Representatives belonging to the
7373 political party with the second highest number of members in the
7474 house of representatives;
7575 (3) two members are appointed by a majority vote of the
7676 members of the Texas Senate belonging to the political party with
7777 the most members in the senate; and
7878 (4) two members are appointed by a majority vote of the
7979 members of the Texas Senate belonging to the political party with
8080 the second highest number of members in the senate.
8181 (c) The ninth member of the commission shall be chosen from
8282 among the independent applicants by the eight members appointed by
8383 the legislature. The appointment requires at least five votes and
8484 shall be made not later than the 30th day after the commission
8585 convenes. The ninth member serves as a nonvoting presiding
8686 officer, except that the member shall vote to break any tie vote on
8787 the final adoption of a redistricting plan.
8888 (d) At least one member of the commission chosen by members
8989 of each chamber of the legislature must reside in a county that is
9090 not part of a metropolitan statistical area as defined by the United
9191 States Office of Management and Budget.
9292 (e) Commission members serve three-year terms that begin on
9393 February 1 of the year following the census year. The commission may
9494 vote to:
9595 (1) terminate their terms early and dissolve following
9696 the adoption of all redistricting plans; or
9797 (2) extend their terms as necessary to fulfill the
9898 commission's obligations under the constitution.
9999 (f) The commission shall convene on the first business day
100100 in February of the year following the census year and at other times
101101 necessary to fulfill its obligations under the constitution.
102102 (g) Vacancies on the commission shall be filled not later
103103 than the 20th day after the vacancy occurs in the same manner as the
104104 vacated position is filled under Subsections (b) and (c).
105105 (h) If the appointments under Subsection (b) are not made by
106106 February 1 of the year following the census year, the caucus of the
107107 political party whose members are responsible for the appointment
108108 shall appoint the commission member not later than February 11. If
109109 the commission fails to appoint its presiding officer when
110110 required, the supreme court shall make the appointment not later
111111 than March 15.
112112 (i) Members of the commission must take a constitutional
113113 oath of office.
114114 SUBCHAPTER D. OPERATION OF THE COMMISSION
115115 Sec. 581.151. FUNDING AND RESOURCES. (a) The legislature
116116 shall appropriate sufficient money for the compensation and payment
117117 of the expenses of commission members and any staff employed by the
118118 commission.
119119 (b) The commission shall be provided access to statistical
120120 or other information compiled by the state or its political
121121 subdivisions as necessary to perform the commission's duties.
122122 (c) The Texas Legislative Council shall provide the
123123 technical staff and clerical services that the commission needs to
124124 prepare redistricting plans.
125125 (d) After the commission suspends operations, the secretary
126126 of state becomes the custodian of its official records for purposes
127127 of election administration. Any unexpended money from an
128128 appropriation to the commission reverts to the general revenue
129129 fund.
130130 Sec. 581.152. PROCEDURE. (a) The commission shall adopt
131131 its own procedural rules. The adoption of a final redistricting
132132 plan by the commission requires at least five votes.
133133 (b) The commission shall adopt each redistricting plan not
134134 later than November 15 of the year following the census year.
135135 (c) If the commission does not adopt a plan before November
136136 16 of the year following the census year, the Texas Supreme Court
137137 shall adopt a plan not later than December 30.
138138 (d) The commission shall submit each adopted redistricting
139139 plan to the governor, the secretary of state, and the presiding
140140 officer of each chamber of the legislature.
141141 Sec. 581.153. CHALLENGES TO PLAN. (a) After a
142142 redistricting plan has been adopted by the commission or the Texas
143143 Supreme Court, any aggrieved person may file a petition with the
144144 Texas Supreme Court to challenge the plan.
145145 (b) If the final judgment of a state or federal court
146146 invalidates all or part of a redistricting plan or otherwise makes
147147 it unenforceable, the commission shall reconvene to modify and
148148 adopt a new plan before January 31 of the next year.
149149 (c) The commission may reconvene on the motion of at least
150150 four members filed with the secretary of state any time after a
151151 redistricting plan has been adopted to modify the plan and at other
152152 times necessary to fulfill its obligations under the constitution.
153153 Sec. 581.154. PLAN REQUIREMENTS. To the extent practicable
154154 to comply with federal law, a redistricting plan adopted by the
155155 commission must be composed of:
156156 (1) districts contiguous with one another;
157157 (2) districts of nearly equal population; and
158158 (3) districts that are compact and convenient, and
159159 separated from adjoining districts by natural geographic barriers,
160160 artificial barriers, or political subdivision boundaries.
161161 Sec. 581.155. PLAN REPORT. (a) Each redistricting plan the
162162 commission adopts must include a report, given to the secretary of
163163 state, that includes:
164164 (1) the total population of each district with its
165165 deviation from the average district population;
166166 (2) an explanation of the criteria used for the
167167 redistricting plan, with a justification of the deviation from the
168168 average district population for each district;
169169 (3) a map for each district;
170170 (4) a financial statement disclosing all expenditures
171171 made by the commission; and
172172 (5) relevant information developed by the commission
173173 in carrying out its duties, including maps, data, meeting minutes,
174174 written communications, and other information.
175175 (b) The secretary of state shall make a copy of the report
176176 available to the public.
177177 SECTION 3. (a) Except as otherwise provided by Subsection
178178 (b) of this section, this Act takes effect January 1, 2030.
179179 (b) This Act takes effect only if the constitutional
180180 amendment proposed by the 89th Legislature, Regular Session, 2025,
181181 establishing the Texas Redistricting Commission to redistrict the
182182 United States House of Representatives and the Texas Legislature is
183183 approved by the voters. If that proposed constitutional amendment
184184 is not approved by the voters, this Act has no effect.