89R345 JRJ-F
By: Zaffirini S.B. No. 69
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the Texas Redistricting
Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Title 5, Government Code, is
amended to read as follows:
TITLE 5. OPEN GOVERNMENT; ETHICS; REDISTRICTING
SECTION 2. Title 5, Government Code, is amended by adding
Subtitle C to read as follows:
SUBTITLE C. REDISTRICTING
CHAPTER 581. TEXAS REDISTRICTING COMMISSION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 581.001. DEFINITIONS. In this chapter:
(1) "Census year" means a calendar year in which the
United States decennial census is taken.
(2) "Commission" means the Texas Redistricting
Commission.
SUBCHAPTER B. POWERS AND DUTIES
Sec. 581.051. POWERS AND DUTIES OF COMMISSION. The
commission has the sole responsibility to create districts for the
election of members of the United States House of Representatives,
the Texas House of Representatives, and the Texas Senate.
SUBCHAPTER C. MEMBERSHIP
Sec. 581.101. ELIGIBILITY. (a) Except as otherwise
provided by this subchapter, a Texas voter who is older than 25
years of age is eligible for membership on the commission.
(b) An applicant for appointment to the commission must
submit an application to the secretary of state.
(c) An applicant for appointment by members of the
legislature belonging to a political party must have voted in that
party's previous four primary elections. An applicant for
appointment as an independent member may not have voted
consecutively in the same political party's primary election during
the previous three primary elections.
(d) An applicant is ineligible for membership on the
commission if the applicant:
(1) holds a public office;
(2) has held a public office in the four years
preceding appointment to the commission;
(3) is running for public office;
(4) is working under an elected official;
(5) is working for a political campaign for state or
federal office; or
(6) is a registered state or federal lobbyist.
(e) A commission member may not:
(1) run for public office during the member's term;
(2) run for public office during the two years
following the adoption of a redistricting plan by the commission;
(3) work under an elected official during the member's
term;
(4) work for or contribute to a campaign for state or
federal office during the member's term; or
(5) register as a state or federal lobbyist during the
member's term.
Sec. 581.102. MEMBERSHIP AND TERMS. (a) The commission
consists of nine members chosen from eligible applicants under
Section 581.101.
(b) Eight members of the commission shall be appointed in a
bipartisan manner by the legislature, as follows:
(1) two members are appointed by a majority vote of the
members of the Texas House of Representatives belonging to the
political party with the most members in the house of
representatives;
(2) two members are appointed by a majority vote of the
members of the Texas House of Representatives belonging to the
political party with the second highest number of members in the
house of representatives;
(3) two members are appointed by a majority vote of the
members of the Texas Senate belonging to the political party with
the most members in the senate; and
(4) two members are appointed by a majority vote of the
members of the Texas Senate belonging to the political party with
the second highest number of members in the senate.
(c) The ninth member of the commission shall be chosen from
among the independent applicants by the eight members appointed by
the legislature. The appointment requires at least five votes and
shall be made not later than the 30th day after the commission
convenes. The ninth member serves as a nonvoting presiding
officer, except that the member shall vote to break any tie vote on
the final adoption of a redistricting plan.
(d) At least one member of the commission chosen by members
of each chamber of the legislature must reside in a county that is
not part of a metropolitan statistical area as defined by the United
States Office of Management and Budget.
(e) Commission members serve three-year terms that begin on
February 1 of the year following the census year. The commission may
vote to:
(1) terminate their terms early and dissolve following
the adoption of all redistricting plans; or
(2) extend their terms as necessary to fulfill the
commission's obligations under the constitution.
(f) The commission shall convene on the first business day
in February of the year following the census year and at other times
necessary to fulfill its obligations under the constitution.
(g) Vacancies on the commission shall be filled not later
than the 20th day after the vacancy occurs in the same manner as the
vacated position is filled under Subsections (b) and (c).
(h) If the appointments under Subsection (b) are not made by
February 1 of the year following the census year, the caucus of the
political party whose members are responsible for the appointment
shall appoint the commission member not later than February 11. If
the commission fails to appoint its presiding officer when
required, the supreme court shall make the appointment not later
than March 15.
(i) Members of the commission must take a constitutional
oath of office.
SUBCHAPTER D. OPERATION OF THE COMMISSION
Sec. 581.151. FUNDING AND RESOURCES. (a) The legislature
shall appropriate sufficient money for the compensation and payment
of the expenses of commission members and any staff employed by the
commission.
(b) The commission shall be provided access to statistical
or other information compiled by the state or its political
subdivisions as necessary to perform the commission's duties.
(c) The Texas Legislative Council shall provide the
technical staff and clerical services that the commission needs to
prepare redistricting plans.
(d) After the commission suspends operations, the secretary
of state becomes the custodian of its official records for purposes
of election administration. Any unexpended money from an
appropriation to the commission reverts to the general revenue
fund.
Sec. 581.152. PROCEDURE. (a) The commission shall adopt
its own procedural rules. The adoption of a final redistricting
plan by the commission requires at least five votes.
(b) The commission shall adopt each redistricting plan not
later than November 15 of the year following the census year.
(c) If the commission does not adopt a plan before November
16 of the year following the census year, the Texas Supreme Court
shall adopt a plan not later than December 30.
(d) The commission shall submit each adopted redistricting
plan to the governor, the secretary of state, and the presiding
officer of each chamber of the legislature.
Sec. 581.153. CHALLENGES TO PLAN. (a) After a
redistricting plan has been adopted by the commission or the Texas
Supreme Court, any aggrieved person may file a petition with the
Texas Supreme Court to challenge the plan.
(b) If the final judgment of a state or federal court
invalidates all or part of a redistricting plan or otherwise makes
it unenforceable, the commission shall reconvene to modify and
adopt a new plan before January 31 of the next year.
(c) The commission may reconvene on the motion of at least
four members filed with the secretary of state any time after a
redistricting plan has been adopted to modify the plan and at other
times necessary to fulfill its obligations under the constitution.
Sec. 581.154. PLAN REQUIREMENTS. To the extent practicable
to comply with federal law, a redistricting plan adopted by the
commission must be composed of:
(1) districts contiguous with one another;
(2) districts of nearly equal population; and
(3) districts that are compact and convenient, and
separated from adjoining districts by natural geographic barriers,
artificial barriers, or political subdivision boundaries.
Sec. 581.155. PLAN REPORT. (a) Each redistricting plan the
commission adopts must include a report, given to the secretary of
state, that includes:
(1) the total population of each district with its
deviation from the average district population;
(2) an explanation of the criteria used for the
redistricting plan, with a justification of the deviation from the
average district population for each district;
(3) a map for each district;
(4) a financial statement disclosing all expenditures
made by the commission; and
(5) relevant information developed by the commission
in carrying out its duties, including maps, data, meeting minutes,
written communications, and other information.
(b) The secretary of state shall make a copy of the report
available to the public.
SECTION 3. (a) Except as otherwise provided by Subsection
(b) of this section, this Act takes effect January 1, 2030.
(b) This Act takes effect only if the constitutional
amendment proposed by the 89th Legislature, Regular Session, 2025,
establishing the Texas Redistricting Commission to redistrict the
United States House of Representatives and the Texas Legislature is
approved by the voters. If that proposed constitutional amendment
is not approved by the voters, this Act has no effect.