By Wentworth S.B. No. 1368
74R3610 JSA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the reapportionment of state legislative,
1-3 congressional, and judicial districts and the creation, function,
1-4 and duties of the Texas Redistricting Commission.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subtitle A, Title 3, Government Code, is amended
1-7 by adding Chapter 307 to read as follows:
1-8 CHAPTER 307. TEXAS REDISTRICTING COMMISSION
1-9 Sec. 307.001. DEFINITIONS. In this chapter:
1-10 (1) "Commission" means the Texas Redistricting
1-11 Commission established by Section 28, Article III, Texas
1-12 Constitution.
1-13 (2) "Plan" means a redistricting plan for the Texas
1-14 Senate, Texas House of Representatives, or Texas congressional
1-15 districts adopted as provided by Section 28, Article III, Texas
1-16 Constitution, and this chapter.
1-17 Sec. 307.002. OATH. Before serving on the commission, each
1-18 person appointed shall take and subscribe to the constitutional
1-19 oath of office.
1-20 Sec. 307.003. VACANCY. A vacancy on the commission that
1-21 occurs after the commission is convened or reconvened and before it
1-22 ceases its activities shall be filled not later than the 15th day
1-23 after the date the vacancy occurs by the authority that made the
1-24 initial appointment. If the supreme court made the initial
2-1 appointment, the supreme court shall fill the vacancy.
2-2 Sec. 307.004. ELIGIBILITY. The eligibility of a person to
2-3 serve on the commission is as prescribed by Section 28, Article
2-4 III, Texas Constitution.
2-5 Sec. 307.005. POLITICAL ACTIVITIES PROHIBITED. A member of
2-6 the commission may not:
2-7 (1) campaign for elective office while a member of the
2-8 commission;
2-9 (2) actively participate in or contribute to the
2-10 political campaign of a candidate for a state or federal elective
2-11 office while a member of the commission; or
2-12 (3) serve as or be a candidate to be a member of the
2-13 Texas Legislature or the United States Congress before the second
2-14 anniversary of the last date the commission adopted a redistricting
2-15 plan for that body during the member's service on the commission.
2-16 Sec. 307.006. OPERATION OF COMMISSION. (a) The legislature
2-17 shall appropriate sufficient funds for the compensation and payment
2-18 of the expenses of the commission members and any staff employed by
2-19 the commission.
2-20 (b) The commission shall be provided access to statistical
2-21 information compiled by the state or its political subdivisions as
2-22 necessary for the commission's reapportionment duties.
2-23 (c) The Texas Legislative Council, under the direction of
2-24 the commission, shall provide the technical staff and clerical
2-25 services that the commission needs to prepare its plan.
2-26 Sec. 307.007. DUTIES. The commission shall:
2-27 (1) adopt rules to carry out the constitutional duties
3-1 of the commission and to administer this chapter;
3-2 (2) act as the legislature's recipient of the final
3-3 redistricting data and maps from the United States Bureau of the
3-4 Census pursuant to the federal decennial census; and
3-5 (3) comply with Chapters 551 and 552.
3-6 Sec. 307.008. REDISTRICTING PLAN; FORM. (a) For each
3-7 redistricting plan adopted by the commission, the commission shall
3-8 prepare and publish a report with the plan that includes:
3-9 (1) for each district in the plan, the total
3-10 population and the percentage deviation from the average district
3-11 population;
3-12 (2) an explanation of the criteria used in developing
3-13 the plan, with a justification of any population deviation in a
3-14 district from the average district population;
3-15 (3) a map of all the districts; and
3-16 (4) the estimated cost to be incurred by the counties
3-17 for changes in county election precinct boundaries required to
3-18 conform to the districts adopted by the commission.
3-19 (b) The commission shall make a copy of a report prepared
3-20 under this section available to the public.
3-21 Sec. 307.009. REDISTRICTING PLAN STANDARDS. A redistricting
3-22 plan adopted by the commission must conform to the standards
3-23 provided by Section 28, Article III, Texas Constitution.
3-24 Sec. 307.010. ADOPTION AND AMENDMENT OF PLAN. (a) On
3-25 approval of a redistricting plan or modification of a plan by the
3-26 commission, the commission shall submit the plan or modification to
3-27 the legislature.
4-1 (b) After adoption of the plan or modification by the
4-2 commission, the legislature may amend the plan or modification
4-3 during the first 30 days of the first regular or special
4-4 legislative session that is convened after the date the plan or
4-5 modification is adopted. An amendment by the legislature must be
4-6 approved as provided by Section 28, Article III, Texas
4-7 Constitution.
4-8 (c) The plan or modification adopted by the commission, with
4-9 any amendment approved by the legislature, becomes final on
4-10 approval of the legislature's amendments, if any, or on the
4-11 expiration of the time provided for legislative amendment,
4-12 whichever occurs first.
4-13 (d) If the commission fails to approve a plan for a
4-14 legislative body that the commission is required to adopt within
4-15 the period provided by law, the Supreme Court of Texas shall adopt
4-16 a plan for the appropriate legislative body within the time
4-17 provided by Section 28, Article III, Texas Constitution.
4-18 (e) The final plan constitutes the redistricting law
4-19 applicable to this state for the appropriate legislative or
4-20 congressional elections beginning with the next general election.
4-21 The final plan remains in force until the effective date of the
4-22 plan adopted after the next federal decennial census or until a
4-23 modified plan takes effect as provided in Section 307.012.
4-24 Sec. 307.011. CESSATION OF OPERATIONS. (a) Following the
4-25 adoption of each plan that the commission is required to adopt or
4-26 the period provided by law for the commission to adopt a plan or
4-27 modification, the commission shall take all necessary steps to
5-1 conclude its business and cease operations.
5-2 (b) The commission shall prepare a financial statement
5-3 disclosing all expenditures made by the commission. The official
5-4 record of the commission shall contain all relevant information
5-5 developed by the commission in carrying out its duties, including
5-6 maps, data, minutes of meetings, written communications, and other
5-7 information.
5-8 (c) After the commission ceases to exist, the secretary of
5-9 state becomes the custodian of the official record for purposes of
5-10 election administration. Any unexpended funds of the commission
5-11 revert to the general revenue fund.
5-12 Sec. 307.012. RECONVENING OF COMMISSION FOR PLAN
5-13 MODIFICATION. (a) If the most recently convened term of the
5-14 commission has expired, the legislature may, on an affirmative vote
5-15 of two-thirds of the membership of each house, enact legislation
5-16 reconvening the commission for the purpose of modifying a
5-17 redistricting plan previously adopted. The legislation must state
5-18 the date on which the commission reconvenes.
5-19 (b) The members of the reconvened commission shall be
5-20 appointed as provided by Section 28, Article III, Texas
5-21 Constitution.
5-22 (c) The commission shall complete the modification to the
5-23 redistricting plan as soon as possible but not later than the 60th
5-24 day after the date contained in the legislation for reconvening the
5-25 commission.
5-26 Sec. 307.013. CHALLENGES TO PLAN. (a) After a
5-27 redistricting plan adopted by the commission, including any
6-1 legislative amendments, becomes effective, any registered voter may
6-2 file a petition with the supreme court challenging the plan. After
6-3 a modification to a redistricting plan adopted by the commission,
6-4 including any legislative amendments, becomes effective, any
6-5 registered voter may file a petition with the supreme court
6-6 challenging the amended plan.
6-7 (b) The supreme court may consolidate any or all petitions
6-8 and shall give all such petitions precedence over all other
6-9 matters.
6-10 Sec. 307.014. RECONVENING OF COMMISSION FOR REAPPORTIONMENT
6-11 OF JUDICIAL DISTRICTS. (a) If the Judicial Districts Board fails
6-12 to make a statewide reapportionment of judicial districts under
6-13 Subchapter F, Chapter 24, unless the commission is already
6-14 reconvened under Section 307.012, the commission shall reconvene on
6-15 September 1 of the year provided by Section 7a(e), Article V, Texas
6-16 Constitution, to make the statewide reapportionment as required by
6-17 Section 24.946(a).
6-18 (b) The commission shall complete the reapportionment of
6-19 judicial districts as soon as possible within the time provided by
6-20 Subsection (e), Section 7a, Article V, Texas Constitution.
6-21 (c) The commission's reapportionment of judicial districts
6-22 becomes effective as provided in Sections 24.948 and 24.949.
6-23 (d) Following the effective date of a reapportionment of
6-24 judicial districts, the commission shall take all necessary steps
6-25 to conclude its business and cease operations in accordance with
6-26 Section 307.011. A reconvened commission shall cease to exist
6-27 after the 90th day after the September 1 on which the commission's
7-1 authority to adopt a reapportionment plan for the judicial
7-2 districts begins, unless the supreme court extends the commission's
7-3 term.
7-4 SECTION 2. Section 24.945(e), Government Code, is amended to
7-5 read as follows:
7-6 (e) The legislature, the Judicial Districts Board, or the
7-7 Texas <Legislative> Redistricting Commission <Board> may not
7-8 redistrict the judicial districts to provide for any judicial
7-9 district smaller in size than an entire county except as provided
7-10 by this subsection. Judicial districts smaller in size than the
7-11 entire county may be created subsequent to a general election in
7-12 which a majority of the persons voting on the proposition adopt the
7-13 proposition "to allow the division of ____________________ County
7-14 into judicial districts composed of parts of ____________________
7-15 County." A redistricting plan may not be proposed or adopted by
7-16 the legislature, the Judicial Districts Board, or the Texas
7-17 <Legislative> Redistricting Commission <Board> in anticipation of a
7-18 future action by the voters of any county.
7-19 SECTION 3. Section 24.946(a), Government Code, is amended to
7-20 read as follows:
7-21 (a) The board shall meet in accordance with its own rules.
7-22 The board shall meet at least once in each interim between regular
7-23 sessions of the legislature and shall exercise its reapportionment
7-24 powers only in the interims between regular legislative sessions.
7-25 Meetings of the board shall be subject to the provisions of the
7-26 open meetings law, Chapter 551, Government Code <Chapter 271, Acts
7-27 of the 60th Legislature, Regular Session, 1967 (Article 6252-17,
8-1 Vernon's Texas Civil Statutes)>, except as otherwise provided by
8-2 this subchapter. A reapportionment may not be ordered in the
8-3 interim immediately following a regular session of the legislature
8-4 in which a valid and subsisting statewide reapportionment of
8-5 judicial districts is enacted by the legislature. Unless the
8-6 legislature enacts a statewide reapportionment of the judicial
8-7 districts following each federal decennial census, the board shall
8-8 convene not later than the first Monday of June of the third year
8-9 following the year in which the federal decennial census is taken
8-10 to make a statewide reapportionment of the districts. The board
8-11 shall complete its work on the reapportionment and file its order
8-12 with the secretary of state not later than August 31 of the same
8-13 year. If the Judicial Districts Board fails to make a statewide
8-14 apportionment by that date, the Texas <Legislative> Redistricting
8-15 Commission <Board> established by Article III, Section 28, of the
8-16 Texas Constitution shall make a statewide reapportionment of the
8-17 judicial districts not later than the 90th <150th> day after the
8-18 final day for the Judicial Districts Board to make the
8-19 reapportionment, and that apportionment takes effect as provided by
8-20 Sections 24.948 and 24.949.
8-21 SECTION 4. This Act takes effect January 1, 1996, but only
8-22 if the constitutional amendment proposed by the 74th Legislature,
8-23 Regular Session, 1995, relating to the establishment of the Texas
8-24 Redistricting Commission to redistrict the Texas Legislature and
8-25 Texas congressional districts, is approved by the voters. If that
8-26 proposed constitutional amendment is not approved by the voters,
8-27 this Act has no effect.
9-1 SECTION 5. The importance of this legislation and the
9-2 crowded condition of the calendars in both houses create an
9-3 emergency and an imperative public necessity that the
9-4 constitutional rule requiring bills to be read on three several
9-5 days in each house be suspended, and this rule is hereby suspended.