Texas 2025 - 89th Regular

Texas Senate Bill SJR11 Compare Versions

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1	1	By: Menéndez S.J.R. No. 11
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	proposing a constitutional amendment establishing the Texas
9	9	Redistricting Commission to redistrict the Texas Legislature and
10	10	Texas congressional districts and revising procedures for
11	11	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 Texas Redistricting
17	17	Commission described by Section 28b of this article shall adjust
18	18	the boundary lines of the districts for the election of the members
19	19	of the United States House of Representatives elected from this
20	20	state, the members of the Texas Senate, and the members of the Texas
21	21	House of Representatives in accordance with the standards and
22	22	process provided by Section 28b of this article.
23	23	(b) Districts described by Subsection (a) of this section
24	24	must be single-member districts, each entitled to elect one member
25	25	of the United States House of Representatives, the Texas Senate, or
26	26	the Texas House of Representatives, as applicable.
27	27	Sec. 28b. (a) In this section:
28	28	(1) "Census year" means a calendar year in which the
29	29	United States decennial census is taken.
30	30	(2) "Commission" means the Texas Redistricting
31	31	Commission.
32	32	(3) "Majority party" means, with respect to a
33	33	commission member, the political party with the most total votes
34	34	cast in the four statewide primary elections preceding the member's
35	35	appointment.
36	36	(4) "Minority party" means, with respect to a
37	37	commission member, the political party with the second highest
38	38	number of total votes cast in the four statewide primary elections
39	39	preceding the member's appointment.
40	40	(5) "Statewide primary election" means an election
41	41	held by a political party to select its nominee for governor or for
42	42	President of the United States. The term does not include a runoff
43	43	primary election.
44	44	(b) Not later than December 31 of each census year, the
45	45	members of the Texas Redistricting Commission shall be appointed
46	46	and the commission shall commence the redistricting process for the
47	47	districts described by Section 28a(a) of this article in connection
48	48	with the census taken that year.
49	49	(c) The commission members shall:
50	50	(1) conduct an open and transparent process enabling
51	51	full public consideration of, and comment on, the drawing of
52	52	district boundaries;
53	53	(2) draw district boundaries according to the
54	54	redistricting criteria specified in this section; and
55	55	(3) conduct themselves with integrity and fairness.
56	56	(d) The selection process for commission members is
57	57	designed to produce a commission that is independent from
58	58	legislative influence and reasonably representative of this
59	59	state's diversity.
60	60	(e) The commission consists of 14 members as follows:
61	61	(1) five majority party members, each of whom:
62	62	(A) voted in at least three of the four statewide
63	63	primary elections preceding the member's appointment held by the
64	64	majority party;
65	65	(B) did not vote in any of the four statewide
66	66	primary elections preceding the member's appointment held by a
67	67	political party other than the majority party; and
68	68	(C) voted in each of the four general elections
69	69	preceding the member's appointment in which the office of governor
70	70	or President of the United States appeared on the ballot;
71	71	(2) five minority party members who:
72	72	(A) voted in at least three of the four statewide
73	73	primary elections preceding the member's appointment held by the
74	74	minority party;
75	75	(B) did not vote in any of the four statewide
76	76	primary elections preceding the member's appointment held by a
77	77	political party other than the minority party; and
78	78	(C) voted in each of the four general elections
79	79	preceding the member's appointment in which the office of governor
80	80	or President of the United States appeared on the ballot; and
81	81	(3) four independent members who:
82	82	(A) did not vote in any of the four statewide
83	83	primary elections preceding the member's appointment; and
84	84	(B) voted in each of the four general elections
85	85	preceding the member's appointment in which the office of governor
86	86	or President of the United States appeared on the ballot.
87	87	(f) The term of office of each commission member expires at
88	88	the time the first commission member is appointed in the next census
89	89	year.
90	90	(g) Nine commission members constitute a quorum. The
91	91	affirmative vote of at least nine commission members is required
92	92	for any official commission action. Each final redistricting map
93	93	must be approved by the affirmative vote of at least nine commission
94	94	members, including at least three majority party members, at least
95	95	three minority party members, and at least three independent
96	96	members, as provided by Subsection (e) of this section.
97	97	(h) Each commission member shall apply this section and
98	98	Sections 28a and 28c of this article in a manner that is impartial
99	99	and that reinforces public confidence in the integrity of the
100	100	redistricting process.
101	101	(i) A commission member is ineligible for a period of 10
102	102	years beginning on the date of appointment to hold a federal,
103	103	state, county, or municipal office elected from this state. A
104	104	commission member is ineligible for a period of five years
105	105	beginning on the date of appointment to:
106	106	(1) hold an appointed federal office representing this
107	107	state;
108	108	(2) hold an appointed state or local office in this
109	109	state;
110	110	(3) serve as a paid employee of or as a paid consultant
111	111	to:
112	112	(A) a member of the United States Congress
113	113	elected from this state;
114	114	(B) the legislature; or
115	115	(C) a member of the legislature; or
116	116	(4) register as a lobbyist in this state.
117	117	(j) The commission shall establish districts described by
118	118	Section 28a(a) of this article through a mapping process using the
119	119	following criteria in the following order of priority:
120	120	(1) all districts must comply with the United States
121	121	Constitution;
122	122	(2) districts for the election of members of the
123	123	United States House of Representatives must achieve population
124	124	equality as nearly as is practicable;
125	125	(3) districts for the election of members of the Texas
126	126	Senate and Texas House of Representatives must have reasonably
127	127	equal population with other districts for the same office except
128	128	where deviation is required to comply with the Voting Rights Act of
129	129	1965 (52 U.S.C. Section 10101 et seq.) or is allowable by law;
130	130	(4) all districts must comply with the Voting Rights
131	131	Act of 1965 (52 U.S.C. Section 10101 et seq.);
132	132	(5) all districts must be geographically contiguous;
133	133	(6) the geographic integrity of each municipality,
134	134	county, local neighborhood, and local community of interest must be
135	135	respected in a manner that minimizes its division to the extent
136	136	possible without violating the requirements of any of the preceding
137	137	subdivisions of this subsection; and
138	138	(7) to the extent practicable and to the extent that
139	139	compliance with this subdivision does not preclude compliance with
140	140	any of the preceding subdivisions of this subsection, districts
141	141	must be drawn to encourage geographical compactness so that nearby
142	142	areas of population are not bypassed for more distant population.
143	143	(k) For purposes of Subsection (j)(6) of this section, a
144	144	community of interest is a contiguous population that shares common
145	145	social and economic interests that should be included within a
146	146	single district for purposes of that population's effective and
147	147	fair representation. Examples of shared social and economic
148	148	interests are those interests common to an urban area, a rural area,
149	149	an industrial area, or an agricultural area and those interests
150	150	common to areas in which the people share similar living standards,
151	151	use the same transportation facilities, have similar work
152	152	opportunities, or have access to the same media of communication
153	153	relevant to the election process. Communities of interest may not
154	154	be determined based on relationships with political parties,
155	155	incumbents, or political candidates.
156	156	(l) The place of residence of any incumbent or political
157	157	candidate may not be considered in the creation of a map. Districts
158	158	may not be drawn for the purpose of favoring or discriminating
159	159	against an incumbent, political candidate, or political party.
160	160	(m) To the extent practicable, districts should be numbered
161	161	based on geography. Districts bordering Arkansas should be assigned
162	162	the lowest district numbers, with districts to the west and south
163	163	assigned progressively higher district numbers.
164	164	(n) Not later than August 15 of each year following a census
165	165	year, the commission shall approve final maps that separately set
166	166	forth the boundary lines of the districts for the election of the
167	167	members of the United States House of Representatives elected from
168	168	this state, the members of the Texas Senate, and the members of the
169	169	Texas House of Representatives. On approval, the commission shall
170	170	certify each final map to the secretary of state.
171	171	(o) The commission shall issue, with each of the three final
172	172	maps, a report that explains the basis on which the commission made
173	173	its decisions in achieving compliance with the criteria listed in
174	174	Subsection (j) of this section and shall include definitions of the
175	175	terms and standards used in drawing each final map.
176	176	(p) If the commission fails to approve a final map with the
177	177	vote and by the date required by this section, the secretary of
178	178	state shall immediately petition the Texas Supreme Court for an
179	179	order directing the appointment of special masters to adjust the
180	180	boundary lines of the districts required to be included in that map
181	181	in accordance with the redistricting criteria and requirements
182	182	provided by Subsections (j), (k), (l), and (m) of this section. On
183	183	approval of the special masters' map, the Texas Supreme Court shall
184	184	certify the map to the secretary of state and the map constitutes
185	185	the certified final map for the districts included in the map.
186	186	(q) The boundary lines of the districts contained in a
187	187	certified final map apply beginning with the next statewide general
188	188	election and any corresponding primary elections.
189	189	(r) The legislature shall appropriate to the state auditor
190	190	and the commission amounts sufficient to implement the
191	191	redistricting process required by this section, Sections 28a and
192	192	28c of this article, and general law. The amounts appropriated must
193	193	provide adequate funding for a statewide outreach program to
194	194	solicit broad public participation in the redistricting process,
195	195	including the solicitation of applicants for commission
196	196	membership, and provide adequate funding for office and meeting
197	197	space for the commission's operations.
198	198	(s) Consistent with this section and Sections 28a and 28c of
199	199	this article, the legislature by general law shall provide
200	200	procedures for selecting the members of the commission and may
201	201	provide provisions governing the powers, duties, and operations of
202	202	the commission. After enactment, the legislature may not
203	203	subsequently amend that general law unless:
204	204	(1) by the same vote required for the adoption of a
205	205	final map, the commission recommends amendment of that general law
206	206	to carry out the purpose and intent of this section and Sections 28a
207	207	and 28c of this article;
208	208	(2) the bill to enact the amendment is approved by a
209	209	vote of at least two-thirds of all the members elected to each house
210	210	of the legislature and becomes law in a manner described by Section
211	211	14, Article IV, of this constitution;
212	212	(3) the bill to enact the amendment is printed and
213	213	distributed in each house of the legislature at least 12 days before
214	214	final passage by the legislature;
215	215	(4) the amendment furthers the purposes of this
216	216	section and Sections 28a and 28c of this article; and
217	217	(5) the amendment is passed by the legislature in a
218	218	year not ending in the numeral 9, 0, or 1.
219	219	Sec. 28c. (a) The Texas Redistricting Commission has sole
220	220	standing to defend a legal challenge to a final map certified under
221	221	Section 28b of this article. The legislature shall provide adequate
222	222	funding and other resources to the commission to defend a certified
223	223	final map. The attorney general shall, at the commission's request,
224	224	represent the commission in defense of a certified final map. The
225	225	commission may, in its sole discretion, retain legal counsel other
226	226	than the attorney general to represent the commission in defense of
227	227	a certified final map.
228	228	(b) The Texas Supreme Court has original and exclusive
229	229	jurisdiction in all proceedings in which a certified final map is
230	230	challenged or is claimed not to have taken timely effect.
231	231	(c) Any registered voter in this state may file a petition
232	232	for a writ of mandamus or writ of prohibition, not later than the
233	233	45th day after a final map is certified to the secretary of state,
234	234	to bar the secretary of state from implementing the map on the
235	235	grounds that the map violates this constitution, the United States
236	236	Constitution, or any federal or state statute.
237	237	(d) The Texas Supreme Court shall give priority to ruling on
238	238	a petition for a writ of mandamus or a writ of prohibition filed
239	239	under Subsection (c) of this section. If the supreme court
240	240	determines that a final certified map violates this constitution,
241	241	the United States Constitution, or any federal or state statute,
242	242	the court shall fashion the relief that the court deems
243	243	appropriate, including the relief described by Section 28b(p) of
244	244	this article.
245	245	SECTION 2. Section 7a, Article V, Texas Constitution, is
246	246	amended by amending Subsections (e) and (i) to read as follows:
247	247	(e) Unless the legislature enacts a statewide
248	248	reapportionment of the judicial districts following each federal
249	249	decennial census, the board shall convene not later than the first
250	250	Monday of June of the third year following the year in which the
251	251	federal decennial census is taken to make a statewide
252	252	reapportionment of the districts. The board shall complete its
253	253	work on the reapportionment and file its order with the secretary of
254	254	state not later than August 31 of the same year. If the Judicial
255	255	Districts Board fails to make a statewide apportionment by that
256	256	date, the Texas [Legislative] Redistricting Commission [Board]
257	257	established by Article III, Section 28b [28], of this constitution
258	258	shall convene on September 1 of the same year to make a statewide
259	259	reapportionment of the judicial districts not later than the 90th
260	260	[150th] day after the final day for the Judicial Districts Board to
261	261	make the reapportionment.
262	262	(i) The legislature, the Judicial Districts Board, or the
263	263	Texas [Legislative] Redistricting Commission [Board] may not
264	264	redistrict the judicial districts to provide for any judicial
265	265	district smaller in size than an entire county except as provided by
266	266	this section. Judicial districts smaller in size than the entire
267	267	county may be created subsequent to a general election where a
268	268	majority of the persons voting on the proposition adopt the
269	269	proposition "to allow the division of ____________ County into
270	270	judicial districts composed of parts of ____________ County." No
271	271	redistricting plan may be proposed or adopted by the legislature,
272	272	the Judicial Districts Board, or the Texas [Legislative]
273	273	Redistricting Commission [Board] in anticipation of a future action
274	274	by the voters of any county.
275	275	SECTION 3. Sections 25, 26, and 28, Article III, Texas
276	276	Constitution, are repealed.
277	277	SECTION 4. The following temporary provision is added to
278	278	the Texas Constitution:
279	279	TEMPORARY PROVISION. (a) This temporary provision applies to
280	280	the constitutional amendment proposed by the 89th Legislature,
281	281	Regular Session, 2025, establishing the Texas Redistricting
282	282	Commission to redistrict the Texas Legislature and Texas
283	283	congressional districts and revising procedures for redistricting.
284	284	(b) On January 1, 2029:
285	285	(1) Sections 28a, 28b, and 28c, Article III, of this
286	286	constitution take effect;
287	287	(2) the amendments to Section 7a, Article V, of this
288	288	constitution take effect;
289	289	(3) Sections 25, 26, and 28, Article III, of this
290	290	constitution are repealed; and
291	291	(4) the Legislative Redistricting Board is abolished.
292	292	(c) This temporary provision expires January 1, 2030.
293	293	SECTION 5. This proposed constitutional amendment shall be
294	294	submitted to the voters at an election to be held November 7, 2025.
295	295	The ballot shall be printed to permit voting for or against the
296	296	following proposition: "The constitutional amendment establishing
297	297	the Texas Redistricting Commission to redistrict the Texas
298	298	Legislature and Texas congressional districts and revising
299	299	procedures for redistricting."