Howard Redistricting Bill Does Nothing Before January 1, 2029

The text as introduced · 1,460 words

89R9424 BEF-F

By: Howard
H.B. No. 3031

A BILL TO BE ENTITLED

AN ACT

relating to the reapportionment of state legislative,

congressional, and judicial districts and the functions and duties

of the independent 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. INDEPENDENT REDISTRICTING COMMISSION

Sec. 307.001. DEFINITIONS. In this chapter:

(1) "Commission" means the independent redistricting

commission established under Article XVIII, Texas Constitution.

(2) "Redistricting plan" has the meaning assigned by

Section 1, Article XVIII, Texas Constitution.

Sec. 307.002. OATH. Before serving on the commission, each

person appointed shall take and subscribe to the constitutional

oath of office.

Sec. 307.003. ELIGIBILITY. The eligibility of a person to

serve on the commission is as prescribed by Article XVIII, Texas

Constitution.

Sec. 307.004. 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 duties.

(c) The Texas Legislative Council shall provide technical

staff and clerical services at the commission's request.

Sec. 307.005. DUTIES. The commission shall:

(1) adopt rules to carry out the constitutional duties

of the commission and to administer this chapter; and

(2) act as the legislature's recipient of the official

census and geographic data from the United States Census Bureau

pursuant to the federal decennial census.

Sec. 307.006. REDISTRICTING PLAN; FORM. The commission

shall include with each report under Section 49(2), Article XVIII,

Texas Constitution:

(1) for each district in the redistricting plan, the

total population and the percentage deviation from the average

district population;

(2) an explanation of the criteria used in developing

the redistricting 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.

Sec. 307.007. REDISTRICTING PLAN STANDARDS. (a) A

redistricting plan adopted by the commission must conform to the

standards provided by Article XVIII, Texas Constitution.

(b) In developing a redistricting plan, the commission may

not consider:

(1) the potential effects of the districts on

incumbents or potential candidates for office;

(2) the residence of any elected official or potential

candidate for office;

(3) any information involving the past political

performance of a specific geographic area, except as necessary to

comply with federal law or Article XVIII, Texas Constitution; and

(4) data concerning party affiliation or voting

history, except as necessary to comply with federal law or Article

XVIII, Texas Constitution.

Sec. 307.008. DISCLOSURE OF DATA REQUIRED. The commission

shall make all redistricting plans submitted to the commission,

including the commission's preliminary redistricting plans,

hearing transcripts, minutes of meetings, maps, narrative

descriptions of proposed districts, and other data used by the

commission available to the public through the commission's

Internet website and other appropriate means.

Sec. 307.009. SUBMISSION OF PLAN. On adoption of a

preliminary or final redistricting plan by the commission, the

commission shall submit the redistricting plan to the governor, the

secretary of state, and the presiding officer of each house of the

legislature.

Sec. 307.010. OPERATIONS AFTER ADOPTION OF REDISTRICTING

PLANS. (a) Following the adoption of all redistricting plans that

the commission is required to adopt, the commission shall reduce or

suspend its staff, contractors, and operations to the extent

practicable.

(b) The commission shall prepare a financial statement

disclosing all expenditures made by the commission. The official

record of the commission must 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) The secretary of state shall preserve the commission's

records as provided by Section 16, Article XVIII, Texas

Constitution.

(d) Any unexpended money from an appropriation to the

commission reverts to the general revenue fund.

Sec. 307.011. CHALLENGES TO REDISTRICTING PLAN. After a

final redistricting plan is adopted by the commission, any person

aggrieved by the plan may file a petition with the supreme court

challenging the plan.

Sec. 307.012. CONVENING OF COMMISSION FOR REAPPORTIONMENT

OF JUDICIAL DISTRICTS. (a) If the Judicial Districts Board fails

to make a statewide reapportionment of judicial districts under

Subchapter F, Chapter 24, the commission shall convene on September

1 of the year provided by Section 7a(e), Article V, Texas

Constitution, to make the statewide reapportionment as required by

Section 24.946(a).

(b) The commission shall complete the reapportionment of

judicial districts as soon as possible within the time provided by

Section 7a(e), Article V, Texas Constitution.

(c) The commission's reapportionment of judicial districts

becomes effective as provided by Sections 24.948 and 24.949.

(d) Following the effective date of a reapportionment of

judicial districts, the commission shall reduce or suspend its

operations to the extent practicable.

SECTION 2. Section 42.032, Election Code, is amended to

read as follows:

Sec. 42.032. REDISTRICTING: BOUNDARY CHANGES. If changes in

county election precinct boundaries are necessary to give effect to

a redistricting plan under Article XVIII, [ III, Section 28, of the ]

Texas Constitution, each commissioners court shall order the

changes before October 1 of the year in which the redistricting is

done.

SECTION 3. Section 24.945(e), Government Code, is amended

to read as follows:

(e) The legislature, the Judicial Districts Board, or the

independent redistricting commission [ Legislative Redistricting

Board ] may not redistrict the judicial districts to provide for any

judicial district smaller in size than an entire county except as

provided by this subsection. Judicial districts smaller in size

than the entire county may be created subsequent to a general

election in which a majority of the persons voting on the

proposition adopt the proposition "to allow the division of

____________________ County into judicial districts composed of

parts of ____________________ County." A redistricting plan may

not be proposed or adopted by the legislature, the Judicial

Districts Board, or the independent redistricting commission

[ Legislative Redistricting Board ] in anticipation of a future

action by the voters of any county.

SECTION 4. Section 24.946(a), Government Code, is amended

to read as follows:

(a) The board shall meet in accordance with its own rules.

The board shall meet at least once in each interim between regular

sessions of the legislature and shall exercise its reapportionment

powers only in the interims between regular legislative sessions.

Meetings of the board shall be subject to the provisions of Chapter

551, except as otherwise provided by this subchapter. A

reapportionment may not be ordered in the interim immediately

following a regular session of the legislature in which a valid and

subsisting statewide reapportionment of judicial districts is

enacted by the legislature. Unless the legislature enacts a

statewide reapportionment of the judicial districts following each

federal decennial census, the board shall convene not later than

the first Monday of June of the third year following the year in

which the federal decennial census is taken to make a statewide

reapportionment of the districts. The board shall complete its

work on the reapportionment and file its order with the secretary of

state not later than August 31 of the same year. If the Judicial

Districts Board fails to make a statewide apportionment by that

date, the independent redistricting commission [ Legislative

Redistricting Board ] established under [ by ] Article XVIII, [ III,

Section 28, of the ] Texas Constitution , shall make a statewide

reapportionment of the judicial districts not later than the 90th

[ 150th ] day after the final day for the Judicial Districts Board to

make the reapportionment, and that apportionment takes effect as

provided by Sections 24.948 and 24.949.

SECTION 5. Section 2058.002(a), Government Code, is amended

to read as follows:

(a) The legislature or the independent redistricting

commission established [ Legislative Redistricting Board ] under

Article XVIII, [ III, Section 28, of the ] Texas Constitution , may

officially recognize or act on a federal decennial census before

September 1 of the year after the calendar year during which the

census was taken.

SECTION 6. This Act takes effect January 1, 2029, but only

if the constitutional amendment proposed by the 89th Legislature,

Regular Session, 2025, establishing an independent redistricting

commission to establish districts for the election of the members

of the United States House of Representatives elected from this

state, the Texas Senate, and the Texas House of Representatives is

approved by the voters. If that proposed constitutional amendment

is not approved by the voters, this Act has no effect.