By Wentworth                                           S.B. No. 147
         77R2477 JSA-F                           
                                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 28a, 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 28a, 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.  ELIGIBILITY. The eligibility of a person to
1-21     serve on the commission is as prescribed by Section 28a, Article
1-22     III, Texas Constitution.
1-23           Sec. 307.004.  POLITICAL ACTIVITIES PROHIBITED. A member of
1-24     the commission may not:
 2-1                 (1)  campaign for elective office while a member of the
 2-2     commission;
 2-3                 (2)  actively participate in or contribute to the
 2-4     political campaign of a candidate for a state or federal elective
 2-5     office while a member of the commission; or
 2-6                 (3)  serve as or be a candidate to be a member of the
 2-7     Texas Legislature before the second anniversary of the last date
 2-8     the commission adopted a redistricting plan for that body during
 2-9     the member's service on the commission.
2-10           Sec. 307.005.  OPERATION OF COMMISSION. (a)  The legislature
2-11     shall appropriate sufficient money for the compensation and payment
2-12     of the expenses of the commission members and any staff employed by
2-13     the commission.
2-14           (b)  The commission shall be provided access to statistical
2-15     information compiled by the state or its political subdivisions as
2-16     necessary for the commission's reapportionment duties.
2-17           (c)  The Texas Legislative Council, under the direction of
2-18     the commission, shall provide the technical staff and clerical
2-19     services that the commission needs to prepare its plans.
2-20           Sec. 307.006.  DUTIES. The commission shall:
2-21                 (1)  adopt rules to carry out the constitutional duties
2-22     of the commission and to administer this chapter;
2-23                 (2)  act as the legislature's recipient of the official
2-24     census data and maps from the United States Bureau of the Census
2-25     pursuant to the federal decennial census; and
2-26                 (3)  comply with Chapters 551 and 552.
2-27           Sec. 307.007.  REDISTRICTING PLAN; FORM. (a)  For each
 3-1     redistricting plan or modification of a redistricting plan adopted
 3-2     by the commission, the commission shall prepare and publish a
 3-3     report that includes:
 3-4                 (1)  for each district in the plan, the total
 3-5     population and the percentage deviation from the average district
 3-6     population;
 3-7                 (2)  an explanation of the criteria used in developing
 3-8     the plan, with a justification of any population deviation in a
 3-9     district from the average district population;
3-10                 (3)  a map or maps of all the districts; and
3-11                 (4)  the estimated cost to be incurred by the counties
3-12     for changes in county election precinct boundaries required to
3-13     conform to the districts adopted by the commission.
3-14           (b)  The commission shall make a copy of a report prepared
3-15     under this section available to the public.
3-16           Sec. 307.008.  REDISTRICTING PLAN STANDARDS. A redistricting
3-17     plan adopted by the commission must conform to the standards
3-18     provided by Sections 25, 26, and 28a, Article III, Texas
3-19     Constitution.
3-20           Sec. 307.009.  SUBMISSION OF PLAN. On adoption of a
3-21     redistricting plan or modification of a plan by the commission, the
3-22     commission shall submit the plan or modification to the governor,
3-23     the secretary of state, and the presiding officer of each house of
3-24     the legislature.
3-25           Sec. 307.010.  CESSATION OF OPERATIONS. (a)  Following the
3-26     initial adoption of all plans that the commission is required to
3-27     adopt, the commission shall take all necessary steps to conclude
 4-1     its business and suspend operations until the commission reconvenes
 4-2     as provided by Section 28a, Article III, or Section 7a, Article V,
 4-3     Texas Constitution, if it does reconvene.
 4-4           (b)  The commission shall prepare a financial statement
 4-5     disclosing all expenditures made by the commission.  The official
 4-6     record of the commission shall contain all relevant information
 4-7     developed by the commission in carrying out its duties, including
 4-8     maps, data, minutes of meetings, written communications, and other
 4-9     information.
4-10           (c)  After the commission suspends operations, the secretary
4-11     of state becomes the custodian of its official records for purposes
4-12     of election administration.  Any unexpended money from an
4-13     appropriation to the commission reverts to the general revenue
4-14     fund.
4-15           Sec. 307.011.  CHALLENGES TO PLAN. (a)  After a redistricting
4-16     plan or modification of a redistricting plan is adopted by the
4-17     commission or supreme court under Section 28a, Article III, Texas
4-18     Constitution, any registered voter may file a petition with the
4-19     supreme court challenging the plan.
4-20           (b)  The supreme court may consolidate any or all petitions
4-21     and shall give the petitions precedence over all other matters.
4-22           (c)  This section does not limit the remedies available under
4-23     other law to any person aggrieved by a redistricting plan.
4-24           Sec. 307.012.  RECONVENING OF COMMISSION FOR REAPPORTIONMENT
4-25     OF JUDICIAL DISTRICTS. (a)  If the Judicial Districts Board fails
4-26     to make a statewide reapportionment of judicial districts under
4-27     Subchapter F, Chapter 24, unless the commission is already
 5-1     reconvened, the commission shall reconvene on September 1 of the
 5-2     year provided by Section 7a(e), Article V, Texas Constitution, to
 5-3     make the statewide reapportionment as required by Section
 5-4     24.946(a).
 5-5           (b)  The commission shall complete the reapportionment of
 5-6     judicial districts as soon as possible within the time provided by
 5-7     Section 7a(e), Article V, Texas Constitution.
 5-8           (c)  The commission's reapportionment of judicial districts
 5-9     becomes effective as provided by Sections 24.948 and 24.949.
5-10           (d)  Following the effective date of a reapportionment of
5-11     judicial districts, the commission shall take all necessary steps
5-12     to conclude its business and suspend operations in accordance with
5-13     Section 307.010.  The commission shall suspend operations after the
5-14     90th day after the September 1 on which the commission's authority
5-15     to adopt a reapportionment plan for the judicial districts begins,
5-16     unless the supreme court grants the commission additional time to
5-17     conduct its activities.
5-18           SECTION 2.  Section 24.945(e), Government Code, is amended to
5-19     read as follows:
5-20           (e)  The legislature, the Judicial Districts Board, or the
5-21     Texas [Legislative] Redistricting Commission [Board] may not
5-22     redistrict the judicial districts to provide for any judicial
5-23     district smaller in size than an entire county except as provided
5-24     by this subsection.  Judicial districts smaller in size than the
5-25     entire county may be created subsequent to a general election in
5-26     which a majority of the persons voting on the proposition adopt the
5-27     proposition "to allow the division of ____________________ County
 6-1     into judicial districts composed of parts of ____________________
 6-2     County."  A redistricting plan may not be proposed or adopted by
 6-3     the legislature, the Judicial Districts Board, or the Texas
 6-4     [Legislative] Redistricting Commission [Board] in anticipation of a
 6-5     future action by the voters of any county.
 6-6           SECTION 3.  Section 24.946(a), Government Code, is amended to
 6-7     read as follows:
 6-8           (a)  The board shall meet in accordance with its own rules.
 6-9     The board shall meet at least once in each interim between regular
6-10     sessions of the legislature and shall exercise its reapportionment
6-11     powers only in the interims between regular legislative sessions.
6-12     Meetings of the board shall be subject to the provisions of Chapter
6-13     551, except as otherwise provided by this subchapter.  A
6-14     reapportionment may not be ordered in the interim immediately
6-15     following a regular session of the legislature in which a valid and
6-16     subsisting statewide reapportionment of judicial districts is
6-17     enacted by the legislature.  Unless the legislature enacts a
6-18     statewide reapportionment of the judicial districts following each
6-19     federal decennial census, the board shall convene not later than
6-20     the first Monday of June of the third year following the year in
6-21     which the federal decennial census is taken to make a statewide
6-22     reapportionment of the districts.  The board shall complete its
6-23     work on the reapportionment and file its order with the secretary
6-24     of state not later than August 31 of the same year.  If the
6-25     Judicial Districts Board fails to make a statewide apportionment by
6-26     that date, the Texas [Legislative] Redistricting Commission [Board]
6-27     established by Article III, Section 28a [28], of the Texas
 7-1     Constitution shall make a statewide reapportionment of the judicial
 7-2     districts not later than the 90th [150th] day after the final day
 7-3     for the Judicial Districts Board to make the reapportionment, and
 7-4     that apportionment takes effect as provided by Sections 24.948 and
 7-5     24.949.
 7-6           SECTION 4.  This Act takes effect January 1, 2003, but only
 7-7     if the constitutional amendment proposed by the 77th Legislature,
 7-8     Regular Session, 2001, establishing the Texas Redistricting
 7-9     Commission to redistrict the Texas Legislature and Texas
7-10     congressional districts and revising the constitutional
7-11     redistricting provisions, is approved by the voters.  If that
7-12     proposed constitutional amendment is not approved by the voters,
7-13     this Act has no effect.