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A JOINT RESOLUTION
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proposing a constitutional amendment establishing the Texas |
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Redistricting Commission to redistrict the Texas Legislature and |
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Texas congressional districts and revising procedures for |
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redistricting. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article III, Texas Constitution, is amended by |
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adding Section 28a to read as follows: |
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Sec. 28a. The Citizens Redistricting Commission |
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(hereinafter the "commission") shall: (1) conduct an open and |
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transparent process enabling full public consideration of and |
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comment on the drawing of district lines; (2) draw district lines |
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according to the redistricting criteria specified in this article; |
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and (3) conduct themselves with integrity and fairness. (c)(1) The |
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selection process is designed to produce a Citizens Redistricting |
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Commission that is independent from legislative influence and |
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reasonably representative of this State's diversity. (2) The |
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Citizens Redistricting Commission shall consist of 14 members, as |
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follows: five who have voted exclusively in the primary of the |
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largest political party in Texas based on general election results, |
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five who have voted exclusively in the primary of the second largest |
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political party in Texas based on general election results, and |
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four who have not voted in the primaries of either of the two |
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largest political parties in Texas based on general election |
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results. (3) Each commission member shall be a voter who has been |
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continuously registered in Texas who has voted in the same |
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political party's primaries or not voted in a political party |
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primary and who has not voted in another political party's primary |
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for five or more years immediately preceding the date of his or her |
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appointment. Each commission member shall have voted in two of the |
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last three statewide general elections immediately preceding his or |
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her application. (4) The term of office of each member of the |
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commission expires upon the appointment of the first member of the |
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succeeding commission. (5) Nine members of the commission shall |
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constitute a quorum. Nine or more affirmative votes shall be |
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required for any official action. The three final maps must be |
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approved by at least nine affirmative votes which must include at |
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least three votes of members registered from each of the two largest |
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political parties in Texas based on the most recent general |
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election results and three votes from members who have not voted in |
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either of these two political parties' primaries. (6) Each |
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commission member shall apply this article in a manner that is |
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impartial and that reinforces public confidence in the integrity of |
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the redistricting process. A commission member shall be ineligible |
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for a period of 10 years beginning from the date of appointment to |
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hold elective public office at the federal, state, or county level |
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in Texas. A member of the commission shall be ineligible for a |
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period of five years beginning from the date of appointment to hold |
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appointive federal, state, or county public office, to serve as |
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paid staff for the Legislature or any individual legislator or to |
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register as a federal, state, or local lobbyist in this State. (d) |
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The commission shall establish single-member districts for the |
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United States Congress, Texas Senate, Texas House, and State Board |
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of Education pursuant to a mapping process using the following |
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criteria as set forth in the following order of priority: (1) |
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Districts shall comply with the United States Constitution. U.S. |
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Congress, Senate, House, and State Board of Education districts |
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shall have reasonably equal population with other districts for the |
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same office, except where deviation is required to comply with the |
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federal Voting Rights Act or allowable by law. (2) Districts shall |
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comply with the federal Voting Rights Act (42 U.S.C. Sec. 1971 and |
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following). (3) Districts shall be geographically contiguous. (4) |
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The geographic integrity of any city, county, city and county, |
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neighborhood, or community of interest shall be respected to the |
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extent possible without violating the requirements of any of the |
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preceding subdivisions. Communities of interest shall not include |
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relationships with political parties, incumbents, or political |
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candidates. (5) To the extent practicable, and where this does not |
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conflict with the criteria above, districts shall be drawn to |
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encourage geographical compactness such that nearby areas of |
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population are not bypassed for more distant population. (6) The |
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place of residence of any incumbent or political candidate shall |
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not be considered in the creation of a map. Districts shall not be |
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drawn for the purpose of favoring or discriminating against an |
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incumbent, political candidate, or political party. |
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By January 1 in 2020, and in each year ending in the number zero |
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thereafter, the State Auditor shall initiate an application |
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process, open to all registered Texas voters in a manner that |
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promotes a diverse and qualified applicant pool. (2) The State |
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Auditor shall remove from the applicant pool individuals with |
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conflicts of interest including: (A) Within the 10 years |
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immediately preceding the date of application, neither the |
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applicant, nor a member of his or her immediate family, may have |
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done any of the following: (i) Been appointed to, elected to, or |
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have been a candidate for federal or state office. (ii) Served as |
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an officer, employee, or paid consultant of a political party or of |
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the campaign committee of a candidate for elective federal or state |
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office. (iii) Served as an elected or appointed member of a |
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political party central committee. (iv) Been a registered federal, |
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state, or local lobbyist. (v) Served as paid congressional, |
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legislative, or State Board of Education staff. (vi) Contributed |
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two thousand dollars ($2,000) or more to any congressional, state, |
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or local candidate for elective public office in any year, which |
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shall be adjusted every 10 years by the cumulative change in the |
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Texas Consumer Price Index, or its successor. (B) Staff and |
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consultants to, persons under a contract with, and any person with |
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an immediate family relationship with the Governor, a Member of the |
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Legislature, a member of Congress, or a member of the State Board of |
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Education, are not eligible to serve as commission members. As used |
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in this subdivision, a member of a person's "immediate family" is |
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one with whom the person has a bona fide relationship established |
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through blood or legal relation, including parents, children, |
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siblings, and in-laws. (b) The State Auditor shall establish an |
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Applicant Review Panel, consisting of three qualified independent |
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auditors, to screen applicants. The State Auditor shall randomly |
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draw the names of three qualified independent auditors from a pool |
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consisting of all auditors employed by the state and licensed by the |
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Texas Board of Accountancy at the time of the drawing. The State |
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Auditor shall draw until the names of three auditors have been drawn |
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including one who is registered with the largest political party in |
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Texas based on party registration, one who is registered with the |
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second largest political party in Texas based on party |
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registration, and one who is not registered with either of the two |
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largest political parties in Texas. After the drawing, the State |
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Auditor shall notify the three qualified independent auditors whose |
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names have been drawn that they have been selected to serve on the |
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panel. If any of the three qualified independent auditors decline |
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to serve on the panel, the State Auditor shall resume the random |
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drawing until three qualified independent auditors who meet the |
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requirements of this subdivision have agreed to serve on the panel. |
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A member of the panel shall be subject to the conflict of interest |
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provisions set forth in paragraph (2) of subdivision (a). (c) |
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Having removed individuals with conflicts of interest from the |
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applicant pool, the State Auditor shall no later than August 1 in |
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2020, and in each year ending in the number zero thereafter, |
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publicize the names in the applicant pool and provide copies of |
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their applications to the Applicant Review Panel. (d) From the |
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applicant pool, the Applicant Review Panel shall select 60 of the |
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most qualified applicants, including 20 who are registered with the |
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largest political party in Texas based on registration, 20 who are |
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registered with the second largest political party in Texas based |
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on registration, and 20 who are not registered with either of the |
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two largest political parties in Texas based on registration. |
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These subpools shall be created on the basis of relevant analytical |
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skills, ability to be impartial, and appreciation for Texas's |
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diverse demographics and geography. The members of the panel shall |
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not communicate with any State Board of Education member, Senator, |
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House Member, congressional member, or their representatives, |
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about any matter related to the nomination process or applicants |
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prior to the presentation by the panel of the pool of recommended |
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applicants to the Secretary of the Senate and the Chief Clerk of the |
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House. (e) By October 1 in 2020, and in each year ending in the |
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number zero thereafter, the Applicant Review Panel shall present |
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its pool of recommended applicants to the Secretary of the Senate |
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and the Chief Clerk of the House. No later than November 15 in 2020, |
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and in each year ending in the number zero thereafter, the President |
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pro Tempore of the Senate, the Minority Floor Leader of the Senate, |
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the Speaker of the House, and the Minority Floor Leader of the House |
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may each strike up to two applicants from each subpool of 20 for a |
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total of eight possible strikes per subpool. After all legislative |
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leaders have exercised their strikes, the Secretary of the Senate |
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and the Chief Clerk of the House shall jointly present the pool of |
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remaining names to the State Auditor. (f) No later than November 20 |
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in 2020, and in each year ending in the number zero thereafter, the |
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State Auditor shall randomly draw eight names from the remaining |
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pool of applicants as follows: three from the remaining subpool of |
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applicants registered with the largest political party in Texas |
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based on registration, three from the remaining subpool of |
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applicants registered with the second largest political party in |
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Texas based on registration, and two from the remaining subpool of |
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applicants who are not registered with either of the two largest |
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political parties in Texas based on registration. These eight |
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individuals shall serve on the Citizens Redistricting Commission. |
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(g) No later than December 31 in 2020, and in each year ending in the |
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number zero thereafter, the eight commissioners shall review the |
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remaining names in the pool of applicants and appoint six |
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applicants to the commission as follows: two from the remaining |
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subpool of applicants registered with the largest political party |
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in Texas based on registration, two from the remaining subpool of |
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applicants registered with the second largest political party in |
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Texas based on registration, and two from the remaining subpool of |
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applicants who are not registered with either of the two largest |
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political parties in Texas based on registration. The six |
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appointees must be approved by at least five affirmative votes |
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which must include at least two votes of commissioners registered |
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from each of the two largest parties and one vote from a |
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commissioner who is not affiliated with either of the two largest |
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political parties in Texas. The six appointees shall be chosen to |
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ensure the commission reflects this state's diversity, including, |
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but not limited to, racial, ethnic, geographic, and gender |
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diversity. However, it is not intended that formulas or specific |
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ratios be applied for this purpose. Applicants shall also be chosen |
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based on relevant analytical skills and ability to be impartial. |
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Citizens Redistricting Commission Vacancy, Removal, Resignation, |
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Absence. (a) In the event of substantial neglect of duty, gross |
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misconduct in office, or inability to discharge the duties of |
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office, a member of the commission may be removed by the Governor |
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with the concurrence of two-thirds of the Members of the Senate |
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after having been served written notice and provided with an |
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opportunity for a response. A finding of substantial neglect of |
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duty or gross misconduct in office may result in referral to the |
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Attorney General for criminal prosecution or the appropriate |
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administrative agency for investigation. (b) Any vacancy, whether |
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created by removal, resignation, or absence, in the 14 commission |
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positions shall be filled within the 30 days after the vacancy |
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occurs, from the pool of applicants of the same voter registration |
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category as the vacating nominee that was remaining as of November |
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20 in the year in which that pool was established. If none of those |
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remaining applicants are available for service, the State Auditor |
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shall fill the vacancy from a new pool created for the same voter |
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partisanship category. |
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Citizens Redistricting Commission Compensation. Members of the |
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commission shall be compensated at the rate of three hundred |
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dollars ($300) for each day the member is engaged in commission |
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business. For each succeeding commission, the rate of compensation |
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shall be adjusted in each year ending in nine by the cumulative |
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change in the Texas Consumer Price Index, or its successor. Members |
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of the panel and the commission are eligible for reimbursement of |
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personal expenses incurred in connection with the duties performed |
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pursuant to this act. A member's residence is deemed to be the |
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member's post of duty for purposes of reimbursement of expenses. |
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Citizens Redistricting Commission Budget, Fiscal Oversight. (a) In |
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2019, and in each year ending in nine thereafter, the Governor shall |
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include in the Governor's Budget submitted to the Legislature |
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pursuant to Section 12 of Article IV of the Texas Constitution |
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amounts of funding for the State Auditor, the Citizens |
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Redistricting Commission, and the Secretary of State that are |
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sufficient to meet the estimated expenses of each of those officers |
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or entities in implementing the redistricting process required by |
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this act for a three-year period, including, but not limited to, |
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adequate funding for a statewide outreach program to solicit broad |
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public participation in the redistricting process. The Governor |
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shall also make adequate office space available for the operation |
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of the commission. The Legislature shall make the necessary |
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appropriation in the Budget Act, and the appropriation shall be |
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available during the entire three-year period. |
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SECTION 2. Section 7a, Article V, Texas Constitution, is |
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amended by amending Subsections (e) and (i) and adding Subsection |
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(j) to read as follows: |
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(e) Unless the legislature enacts a statewide |
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reapportionment of the judicial districts following each federal |
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decennial census, the board shall convene not later than the first |
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Monday of June of the third year following the year in which the |
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federal decennial census is taken to make a statewide |
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reapportionment of the districts. The board shall complete its |
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work on the reapportionment and file its order with the secretary of |
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state not later than August 31 of the same year. If the Judicial |
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Districts Board fails to make a statewide apportionment by that |
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date, the Texas [Legislative] Redistricting Commission [Board] |
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established by Article III, Section 28a [28], of this constitution |
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shall convene on September 1 of the same year to make a statewide |
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reapportionment of the judicial districts not later than the 90th |
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[150th] day after the final day for the Judicial Districts Board to |
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make the reapportionment. |
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(i) The legislature, the Judicial Districts Board, or the |
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Texas [Legislative] Redistricting Commission [Board] may not |
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redistrict the judicial districts to provide for any judicial |
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district smaller in size than an entire county except as provided by |
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this section. Judicial districts smaller in size than the entire |
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county may be created subsequent to a general election where a |
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majority of the persons voting on the proposition adopt the |
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proposition "to allow the division of _______ County into judicial |
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districts composed of parts of _______ County." No redistricting |
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plan may be proposed or adopted by the legislature, the Judicial |
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Districts Board, or the Texas [Legislative] Redistricting |
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Commission [Board] in anticipation of a future action by the voters |
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of any county. |
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(j) Until January 1, 2021, a reference in this section to |
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the Texas Redistricting Commission means the Legislative |
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Redistricting Board established under Article III, Section 28, of |
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this constitution. This subsection expires January 1, 2021. |
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SECTION 3. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 7, 2017. |
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The ballot shall be printed to permit voting for or against the |
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following proposition: "The constitutional amendment establishing |
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the Texas Redistricting Commission to redistrict the Texas |
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Legislature and Texas congressional districts and revising |
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procedures for redistricting." |