By: Wentworth  S.B. No. 315
         (In the Senate - Filed November 21, 2008; February 11, 2009,
  read first time and referred to Committee on State Affairs;
  March 13, 2009, reported favorably by the following vote:  Yeas 6,
  Nays 3; March 13, 2009, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the reapportionment of congressional districts and the
  creation, function, and duties of the Texas Congressional
  Redistricting Commission.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 3, Government Code, is amended
  by adding Chapter 307 to read as follows:
  CHAPTER 307.  TEXAS CONGRESSIONAL REDISTRICTING COMMISSION
         Sec. 307.001.  DEFINITIONS. In this chapter:
               (1)  "Commission" means the Texas Congressional
  Redistricting Commission.
               (2)  "Plan" means a redistricting plan for the Texas
  congressional districts adopted as provided by this chapter.
         Sec. 307.002.  TEXAS CONGRESSIONAL REDISTRICTING
  COMMISSION.  The Texas Congressional Redistricting Commission
  exercises the legislative authority of this state to adopt
  redistricting plans for the election of the members of the United
  States House of Representatives elected from this state. A plan for
  congressional districts may be established or modified only by the
  commission as provided by this chapter.
         Sec. 307.003.  MEMBERSHIP; TERMS.  (a)  The initial
  commission consists of nine members selected as follows:
               (1)  two members 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 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 appointed by a majority vote of the
  members of the Texas Senate belonging to the political party with
  the most members in the senate;
               (4)  two members 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; and
               (5)  one member appointed by an affirmative vote of not
  fewer than five of the members of the commission selected under
  Subdivisions (1)-(4).
         (b)  The member appointed under Subsection (a)(5) is a
  nonvoting member and serves as presiding officer of the commission.
         (c)  Each member of the commission must be a resident of this
  state.  At least one member appointed by the Texas House of
  Representatives and one member appointed by the Texas Senate must
  reside in a county not designated as a metropolitan statistical
  area as defined by the United States Office of Management and
  Budget.  If the members of a house of the legislature entitled to
  make an appointment to the commission cannot agree on whether the
  members belonging to the political party with the most members or
  the political party with the second highest number of members will
  make the appointment required by this subsection, the presiding
  officer of that house shall designate the members who must make the
  appointment required by this subsection.
         (d)  A person is not eligible to serve on the commission if
  the person:
               (1)  holds an elective public office;
               (2)  holds an office in a political party other than
  membership on a precinct committee;
               (3)  has served in a position described by Subdivision
  (1) or (2) within the two years preceding the date the person is
  appointed to the commission; or
               (4)  is required to register under Section 305.003 or
  was required to register under that section in the two years
  preceding the date the person is appointed to the commission.
         (e)  The full term of a member of the commission is a two-year
  term that begins on February 1 of the year ending in one in which the
  initial appointment to the position is required to be made and
  expires on January 31 of the next year ending in three.
         (f)  A vacancy on the commission is filled in the same manner
  as provided by this section for the original appointment, except
  that if the commission is convened when the vacancy occurs or if the
  vacancy exists when the commission reconvenes, the supreme court
  shall fill the vacancy if the initial appointing authority fails to
  fill the vacancy on or before the 20th day after the date the
  vacancy occurs or the commission reconvenes, as applicable. The
  supreme court shall fill the vacancy not later than the ninth day
  after the earliest date on which the supreme court may fill the
  vacancy, or as soon after the ninth day as possible.  The members of
  the Texas House of Representatives or Texas Senate authorized to
  appoint a member of the commission may meet as necessary to make an
  appointment or to fill a vacancy.
         (g)  The members of the commission appointed under
  Subsections (a)(1)-(4) shall be appointed not earlier than January
  25 or later than January 31 of each year ending in one. The member
  appointed under Subsection (a)(5) shall be appointed not later than
  the 30th day after the commission convenes under Section
  307.008(b).  If a member is not appointed in the time provided by
  this subsection, the supreme court shall make the appointment
  before the sixth day after the last date on which the initial
  appointing authority could have made the appointment, or as soon
  after the sixth day as possible.
         Sec. 307.004.  OATH.  Before serving on the commission, each
  person appointed shall take and subscribe to the constitutional
  oath of office.
         Sec. 307.005.  POLITICAL ACTIVITIES PROHIBITED.  A member of
  the commission may not:
               (1)  be a candidate for or campaign for elective office
  while a member of the commission; or
               (2)  actively participate in or contribute to the
  political campaign of a candidate for a state or federal elective
  office while a member of the commission.
         Sec. 307.006.  OPERATION OF COMMISSION.  (a)  The
  legislature shall appropriate sufficient money for the
  compensation and payment of the expenses of the 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 for the commission's reapportionment
  duties.
         (c)  The Texas Legislative Council, under the direction of
  the commission, shall provide the technical staff and clerical
  services that the commission needs to prepare its plans.
         Sec. 307.007.  DUTIES.  The commission shall:
               (1)  adopt rules to administer this chapter; and
               (2)  comply with Chapters 551 and 552.
         Sec. 307.008.  ADOPTION OF PLAN.  (a)  A redistricting plan
  or modification of a redistricting plan is adopted by a vote of not
  fewer than five members of the commission.
         (b)  The commission shall convene on the first business day
  after January 31 of each year ending in one and shall adopt a
  redistricting plan for the members of the United States House of
  Representatives elected from this state not later than June 15 of
  that year, unless the federal decennial census is delivered to the
  appropriate officials of this state after May 1 of that year, in
  which event the commission shall adopt the redistricting plan not
  later than the 75th day after the date the census is delivered.
         (c)  If the commission does not adopt a plan within the time
  required by Subsection (b), not later than the second day after the
  date of the deadline for commission action prescribed by Subsection
  (b), the chief justice of the supreme court shall appoint a person
  to serve as an additional voting member of the commission.  The
  person appointed must be eligible to serve on the commission.  The
  term of a member appointed under this section expires on the same
  day as the other voting members of the commission.
         (d)  Following appointment of a member under Subsection (c),
  the commission shall adopt a redistricting plan not later than the
  45th day after the date of the deadline for commission action
  prescribed by Subsection (b).
         (e)  If the commission does not adopt a plan within the time
  required by Subsection (d), the commission's authority to adopt a
  plan is suspended and the supreme court shall adopt the plan not
  later than the 45th day after the date of the deadline for
  commission action prescribed by Subsection (d).
         Sec. 307.009.  MODIFICATION OF PLAN; ADDITIONAL ACTION.  
  (a)  Except as provided by Subsection (c), the commission may
  reconvene on the motion of at least four of its voting members filed
  with the secretary of state at any time after the adoption of the
  initial congressional redistricting plan to modify that plan if the
  plan becomes unenforceable by order of a court or by action of any
  other appropriate authority or is subject to legal challenge in a
  court proceeding. In modifying a redistricting plan, the
  commission must comply with all applicable standards imposed by
  this chapter, but is not limited to modifications necessary to
  correct legal deficiencies.
         (b)  The commission may reconvene in the manner provided by
  Subsection (a) to adopt a redistricting plan if the supreme court
  does not adopt a congressional redistricting plan in the time
  required by Section 307.008(e).
         (c)  The authority of the commission to act under this
  chapter expires on January 31 of the next year ending in three
  unless the final judgment of a court wholly or partly invalidates a
  plan after that date.
         Sec. 307.010.  PLAN REQUIREMENTS.  (a)  In a redistricting
  plan or modification of a plan adopted under this chapter:
               (1)  each district must be composed of contiguous
  territory;
               (2)  each district must contain a population, excluding
  nonresident military personnel, as nearly equal as practicable to
  the population of any other district in the plan; and
               (3)  to the extent reasonable, each district must be
  compact and convenient and be separated from adjoining districts by
  natural geographic barriers, artificial barriers, or political
  subdivision boundaries.
         (b)  For each plan or modification of a plan adopted by the
  commission, the commission shall prepare and publish a report that
  includes:
               (1)  for each district in the plan, the total
  population and the percentage deviation from the average district
  population;
               (2)  an explanation of the criteria used in developing
  the plan, with a justification of any population deviation in a
  district from the average district population;
               (3)  a map or maps of all the districts; and
               (4)  the estimated cost to be incurred by the counties
  for changes in county election precinct boundaries required to
  conform to the districts adopted by the commission.
         (c)  The commission shall make a copy of a report prepared
  under this section available to the public.
         Sec. 307.011.  SUBMISSION OF PLAN.  On adoption of a plan or
  modification of a plan by the commission, the commission shall
  submit the plan or modification to the governor, the secretary of
  state, and the presiding officer of each house of the legislature.
         Sec. 307.012.  CESSATION OF OPERATIONS.  (a)  Following the
  initial adoption of the plan that the commission is required to
  adopt, the commission shall take all necessary steps to conclude
  its business and suspend operations until the commission reconvenes
  as provided by Section 307.009, if it does reconvene.
         (b)  The commission shall prepare a financial statement
  disclosing all expenditures made by the commission. The official
  record of the commission shall contain all relevant information
  developed by the commission in carrying out its duties, including
  maps, data, minutes of meetings, written communications, and other
  information.
         (c)  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. 307.013.  CHALLENGES TO PLAN.  (a)  After a plan or
  modification of a plan is adopted by the commission or supreme
  court, any person aggrieved by the plan or modification may file a
  petition with the supreme court challenging the plan.
         (b)  The supreme court has original jurisdiction to hear and
  decide cases involving congressional redistricting, including a
  case involving a redistricting plan adopted by the supreme court
  under this chapter.  A member of the court is not disqualified from
  participating in a redistricting case because the member has
  participated or may participate in the adoption of a redistricting
  plan, but may recuse himself or herself from the case.  This
  subsection supersedes any other law, including an applicable code
  of judicial conduct, with regard to conflicts of interest by or
  disqualification of a member of the court.
         (c)  The supreme court may consolidate any or all petitions
  and shall give the petitions precedence over all other matters.
         (d)  This section does not limit the remedies available under
  other law to any person aggrieved by a plan.
         Sec. 307.014.  REAPPOINTMENT OF COMMISSION FOLLOWING COURT
  ACTION.  (a)  If the final judgment of a state or federal court
  invalidates all or part of a plan or otherwise makes the plan
  unenforceable and as of January 31 of the next year ending in three
  the commission has not modified the plan as authorized by Section
  307.009 in response to the judgment, a new commission shall be
  appointed in the manner provided by Section 307.003, except that
  the appointments described by Sections 307.003(a)(1)-(4) must be
  made not later than the later of the 14th day after the date the
  judgment becomes final or February 14 of the next year ending in
  three.  The commission shall convene not later than the fifth day
  after the date the last appointment described by Sections
  307.003(a)(1)-(4) is made, and the commission must make the
  appointment described by Section 307.003(a)(5) not later than the
  fifth day after the date the commission convenes.
         (b)  A commission appointed under Subsection (a) has the same
  powers and duties under this chapter as a commission appointed
  under Section 307.003 except that the terms of the members of the
  commission and the authority of the commission to act under this
  chapter expire on the earlier of:
               (1)  the date a judgment of a court approving a new plan
  adopted by the commission becomes final; or
               (2)  the second anniversary of the date the commission
  first convenes under Subsection (a).
         SECTION 2.  This Act takes effect January 1, 2011.
 
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