Voting Discrimination Bill Creates A New Agency With Five Paid Commissioners

The text as introduced · 7,873 words

By: Bucy
H.B. No. 5258

A BILL TO BE ENTITLED

AN ACT

relating to racial discrimination in voting.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 16, Election Code, is amended by adding

Chapter 280 to read as follows:

CHAPTER 280. BARBARA JORDAN TEXAS VOTING RIGHTS ACT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 280.001. DEFINITIONS. In this chapter:

(1) "Method of election" means the method by which

candidates are elected to a governmental body of a local

government, and includes any at-large, district-based,

share-based, or other method of election, as well as any

districting or redistricting plan used to elect candidates to the

governmental body.

(a) "At-large method of election" means a method of

election in which candidates are voted on by all voters in the local

government, voters are allowed or required to cast as many votes as

there are seats to fill, and voters cannot cast more than one vote

for a given candidate.

(b) "District-based method of election" means a method

of election in which the local government is divided into

districts, each district is represented by a single representative,

and candidates are voted on by only voters residing in the district.

(c) "Share-based method of election" means a method of

election in which more than one candidate is to be elected and

different groups of voters may each elect their preferred

candidates to the seats to fill based on their relative share of the

votes cast. Share-based methods of election include, but are not

limited to, the single transferable vote, cumulative voting,

limited voting, and party-list or slate-list systems.

(3) "Protected Class" means a class of citizens who

are members of a race, color or language minority group, consistent

with Sec. 42.0051(d)(1) and includes individuals who are members of

a minimum reporting category that has ever been officially

recognized by the United States Census Bureau.

(4) "Local government" means municipalities,

counties, and special districts.

SUBCHAPTER B. CANON OF DEMOCRACY

Sec. 280.051. CONSTRUCTION OF ELECTION CODE. Any provision

of state law, regulation, charter, home rule ordinance, or other

enactment of the state or any local government relating to the right

to vote must be construed liberally in favor of the factors listed

below. To the extent courts are afforded discretion on any issue,

including but not limited to with respect to questions of

discovery, procedure, admissibility of evidence, or remedies, it is

the policy of the state that courts should exercise that

discretion, and weigh other equitable discretion, in favor of the

factors listed below:

(1) protecting the right to cast a ballot and make the

ballot valid;

(2) ensuring eligible individuals seeking voter

registration are not impaired in being registered;

(3) ensuring voters are not impaired in voting,

including, but not limited to having their votes counted;

(4) making the fundamental right to vote more

accessible to eligible voters; and

(5) ensuring equitable access for protected class

members to opportunities to be registered to vote and to vote.

Sec. 280.052. LIMITATION ON IMMUNITY OR PRIVILEGE. (a) It

is the policy of the state to promote the free flow of documents and

information concerning the intent of public officials in actions

concerning the right to vote. Accordingly, in any action under this

act, the federal Voting Rights Act, or a voting-related claim under

the Texas Constitution or United States Constitution, no sovereign,

governmental, executive, legislative, or deliberative immunities

and privileges, including any evidentiary privileges, may be

asserted. However, this section shall have no effect on any

attorney-client or attorney work-product privileges.

SUBCHAPTER C. TEXAS VOTING RIGHTS COMMISSION

Sec. 280.101. CREATION OF COMMISSION. (a) The Texas Voting

Rights Act Commission is created to administer the provisions of

this chapter.

(b) There is hereby established an independent and

nonpartisan state agency to be referred to as the Texas Voting

Rights Act Commission ("TXVRA Commission"). The TXVRA Commission

shall be responsible for administering the provisions of this act.

The TXVRA Commission shall not be a unit of any other state agency

and shall have its own staff, which includes management, research,

and enforcement.

(c) The TXVRA Commission shall consist of five

Commissioners, each of whom shall serve staggered five-year terms,

to be selected as set forth in this section. Commissioners shall be

compensated for their actual time spent on TXVRA Commission

business at an hourly rate based on the rate equivalent to an

assistant attorney general.

Sec. 280.103. QUALIFICATIONS OF COMMISSIONERS. In order to

serve as a commissioner, a person must:

(1) reside in this state;

(2) be a member of the State Bar of Texas with not less

than five years of legal experience;

(3) have experience representing or advocating on

behalf of members of a protected class;

(4) not have served in an elected office in the

preceding five years; and

(5) not be currently serving in a government or

political party office.

Sec. 280.104. NOMINATING COMMITTEE. (a) A Nominating

Committee shall be formed to identify qualified candidates to serve

as members of the TXVRA Commission. The Nominating Committee will

be comprised of Nominating Organizations, to be selected as

follows:

(b) In order to serve as a nominating organization, an

organization must:

(1) have demonstrated commitment to:

(A) the purposes of this chapter; and

(B) the voting rights of members of a protected

class;

(2) have not less than 20 years of continuous

operation as:

(A) an organization that qualifies for an

exemption from federal income taxation under Section 501(c)(3),

Internal Revenue Code of 1986; or

(B) a nonprofit corporation registered with the

secretary of state; and

(3) be presently registered as a nonprofit corporation

with the secretary of state.

(c) An organization may demonstrate a commitment under

Subsection (b)(1) by:

(1) referencing members of a protected class in the

organization's mission statement;

(2) demonstrating involvement in multiple voting

rights cases in this state advocating on behalf of members of a

protected class;

(3) demonstrating involvement in advocacy in support

of the purposes of this chapter; or

(4) any other method acceptable to the secretary of

state.

(d) The secretary of state shall certify any applicant for

the nominating committee that meets the qualifications of

Subsection (b).

(e) If the secretary of state does not timely certify a

qualified applicant under this section, the applicant may file an

action for a writ of mandamus to compel the secretary of state to

certify the applicant as a nominating organization.

(f) A nominating organization serves on the nominating

committee for a term of five years, after which the nominating

organization may seek recertification by the secretary of state.

(g) If there are not more than 15 nominating organizations

on the nominating committee, the business of the committee is

conducted by all nominating organizations. If there are 16 or more

nominating organizations on the nominating committee, the business

of the committee is conducted by 15 nominating organizations chosen

randomly each year.

(h) The nominating committee shall select a chair to preside

over meetings and votes.

(i) The nominating committee may by majority vote of all

nominating organizations remove a nominating organization from the

committee.

Sec. 280.105. SELECTION OF COMMISSIONERS. (a) The

nominating committee shall continually solicit applications to

serve on the commission unless the list under Subsection (b) is

full.

(b) The nominating committee shall create and maintain a

"qualified candidate pool" of not more than 30 qualified

applicants. The nominating committee may increase or decrease the

size of the list by a three-fifths vote of the nominating

organizations.

(c) The nominating committee may add an applicant to the

list of qualified applicants under Subsection (b) by a three-fifths

vote of the nominating organizations.

(d) The nominating committee may not add an applicant to the

list if the applicant is not qualified under Section 280.103.

(e) The secretary of state shall randomly select members of

the commission from the list of qualified applicants under

Subsection (b).

(f) The secretary of state shall randomly select a

commissioner as provided by Subsection (e) not later than the 60th

day before the end of the term of a commissioner currently serving

on the commission.

(g) If a vacancy occurs on the commission, the secretary of

state shall randomly select a commissioner as provided by

Subsection (e) not later than the 30th day after the creation of the

vacancy to serve the remainder of the vacant commissioner's term.

(h) Not later than the 60th day before the formation of the

commission, the secretary of state shall randomly select five

commissioners as provided by Subsection (e) and shall assign by lot

terms of one, two, three, four, and five years to the newly selected

commissioners.

Sec. 280.106. POWERS OF COMMISSION. (a) The commission may

conduct investigations and bring legal actions to enforce the

provisions of this chapter.

(b) In conducting an investigation or bringing an action

under Subsection (a), the commission may, according to the Texas

Rules of Civil Procedure:

(1) subpoena witnesses;

(2) administer oaths;

(3) examine individuals under oath;

(4) determine material facts; and

(5) compel the production of records, books, papers,

contracts, and other documents.

(c) The commission may hire any staff necessary to carry out

its duties under this chapter.

(d) The commission may make any expenditure necessary to

carry out its duties under this chapter, subject to appropriations

made by the legislature.

(e) The commission may adopt rules to carry out its duties

under this chapter.

SUBCHAPTER D. PROHIBITION ON VOTER SUPPRESSION AND VOTE DILUTION

Sec. 280.151. PROHIBITING VOTER SUPPRESSION.

(a) No local government may implement, impose, or enforce

any election policy or practice that results in, is likely to result

in, or is intended to result in, either:

(1) A material disparity in voter participation,

access to voting opportunities, or the opportunity or ability to

participate in any stage of the political process between protected

class members and other members of the electorate; or

(2) Based on the totality of the circumstances, an

impairment of the equal opportunity or ability of protected class

members to participate in any stage of the political process.

(b) There shall be no violation under subsection (a)(1) of

this section if the local government or state agency demonstrates

by clear and convincing evidence that (i) the election policy or

practice is necessary to significantly further an important and

particularized governmental interest and (ii) there is no

alternative election policy or practice that results in a smaller

disparity between protected class members and other members of the

electorate.

(c) Subsection (b) of this section does not apply if:

(1) a local government or state agency takes action

intended to result in a material disparity; or

(2) the material disparity results from:

(A) the closure, relocation, or consolidation of

one or more precincts, polling places, or county-wide mail drop

boxes;

(B) the local government's change to the time or

date of an election;

(C) the local government conducting elections on

dates that do not align with federal or state elections; or

(D) the date the local government selects for a

special election, and there exists an alternate date in a

reasonable timeframe in which the disparity would be materially

less significant; or the failure to schedule a special election in a

reasonable timeframe following a vacancy in an office where

protected class members are generally able to elect candidates of

their choice.

Sec. 280.152. PROHIBITING VOTE DILUTION

(a) No local government shall employ (i) an at-large method

of election, (ii) a district-based method of election, (iii) a

share-based method of election, or (iv) other method of election

for any office that has the effect, will likely have the effect, or

is motivated in part by the intent, of diluting the vote of

protected class members.

(b) A violation of Sec. 280.152 is established if:

(1) Either:

(A) Elections in the local government exhibit

racially polarized voting resulting in an impairment of the equal

opportunity or ability of protected class members to nominate or

elect candidates of their choice; or

(B) Based on the totality of the circumstances,

the equal opportunity or ability of protected class members to

nominate or elect candidates of their choice is impaired; and

(2) Another method of election or changes to the

existing method of election that could be constitutionally adopted

or ordered under Subchapter L would likely mitigate the impairment.

Sec. 280.153. GUIDELINES AND RELEVANT CIRCUMSTANCES FOR

EVALUATING VOTER SUPPRESSION AND VOTE DILUTION

(a) To evaluate the totality of circumstances under Sect.

280.151(a)(2) or Sect. 280.152(b)(1)(B):

(1) The following factors may be relevant:

(A) The history of discrimination;

(B) The extent to which the protected class

members have been elected to office;

(C) The use of any election policy or practice

that may enhance the dilutive effects of a method of election in the

local government;

(D) The extent to which protected class members

or candidates experienced any history of unequal access to

election-administration or campaign-finance processes that

determine which candidates will receive access to the ballot or

financial or other support in elections for an office of the local

government;

(E) The extent to which protected class members

have historically made expenditures;

(F) The extent to which protected class members

vote at lower rates than other voters;

(G) The extent to which protected class members

are disadvantaged or otherwise bear the effects of public or

private discrimination in areas that may hinder their ability to

participate effectively in any stage of the political process, such

as education, employment, health, criminal justice, housing,

transportation, land use, or environmental protection;

(H) The use of overt or subtle racial appeals in

political campaigns, by government officials, or in connection with

the adoption or maintenance of the election policy or practice;

(I) The extent to which candidates face hostility

or barriers while campaigning due to their membership in a

protected class;

(J) The lack of responsiveness by elected

officials to the particular needs of protected class members or a

community of protected class members;

(K) Whether the election policy or practice was

designed to advance and does materially advance, a valid and

substantial state interest; and

(L) Other factors deemed relevant.

(2) No set number or combination of these factors

shall be required to determine that a violation occurred.

(3) For alleged violations pertaining to a particular

local government, evidence of these factors is most probative if it

relates to the local government in which the alleged violation

occurred, but is still probative if it relates to the state or to

the geographic region in which that local government is located.

(b) To determine whether elections in the local government

exhibit racially polarized voting under Sect. 280.152(b)(1)(A):

(1) Racially polarized voting shall be assessed based

on relevant election results, which may include but are not limited

to elections for offices of the local government; elections held in

the local government for other offices, such as state or federal

offices; ballot measures; and other electoral choices that bear on

the rights and privileges of the protected class.

(A) No set number or combination of elections

shall be required to establish the existence of racially polarized

voting.

(B) Evidence of non-polarized voting in

elections for offices outside the local government shall not

preclude a finding of racially polarized voting based on elections

for offices of the local government.

(C) Non-statistical or non-quantitative evidence

shall not preclude a finding of racially polarized voting based on

statistical or quantitative evidence.

(D) Low turnout or registration rates among

protected class members shall not preclude a finding of racially

polarized voting.

(2) Racially polarized voting shall be assessed based

only on the combined electoral preferences of members of a

protected class or classes. There is no requirement that the

electoral preferences of each protected class or any subgroup

within a protected class be separately polarized from those of

other voters.

(3) The causes of or reasons for racially polarized

voting, including partisan explanations or discriminatory intent,

are not relevant.

(c) When evaluating whether a violation is present:

(1) The following circumstances are never relevant

under Sect. 280.151 or Sect. 280.152:

(A) The total number or share of protected class

members on whom the election policy or practice does not impose a

material burden;

(B) The degree to which the election policy or

practice has a long pedigree or was in widespread use at some

earlier date;

(C) The use of an identical or similar election

policy or practice in other jurisdictions;

(D) The availability of forms of voting

unimpacted by the election policy or practice.

(2) A state interest in preventing voter fraud or

bolstering voter confidence in the integrity of elections is not

relevant under Sect. 280.151 or Sect. 280.152 unless there is

substantial evidence that criminal activity by individual electors

has occurred in the local government in substantial numbers and the

connection between the election policy or practice and a state

interest in preventing voter fraud or bolstering voter confidence

in the integrity of elections is supported by substantial evidence.

(3) Evidence concerning the intent of electors,

elected officials, or public officials to discriminate against

protected class members is never required under Sect. 280.151 or

Sect. 280.152.

(4) Whether protected class members typically elect

candidates of their choice to the governing body in approximate

proportion to their total number or share of the population may be

relevant under Sect. 280.152.

(5) For the purpose of satisfying Sect. 280.151 or

Sect. 280.152, it is not necessary for the total number or share of

protected class members to exceed any numerical threshold in any

district or in the local government as a whole.

Sec. 280.154. NOTICE AND SAFE HARBOR

(a) Prior to filing an action against a local government

pursuant to this section, a prospective plaintiff must send a

written notification letter to the local government asserting that

the local government may be in violation of the provisions of this

act. Such letter shall be referred to as a "TXVRA Notification

Letter."

(b) Except as noted in Sect. 280.154(f), no party may file

an action against a local government pursuant to this section

earlier than 50 days after sending a TXVRA Notification Letter to

the local government.

(c) Prior to receiving a notification letter, or not later

than fifty days after any notification letter is sent to a local

government, a local government may adopt a resolution, which shall

be referred to as a "TXVRA Resolution," that does all of the

following:

(1) Identifies a potential violation of this section

by the local government;

(2) Identifies a specific remedy to the potential

violation;

(3) Affirms the local government's intention to enact

and implement a remedy for a potential violation;

(4) Sets forth specific measures the local government

will take to facilitate enactment and implementation of the remedy;

and

(5) Provides a schedule for the enactment and

implementation of the remedy.

(d) Except as noted in Sect. 280.154(f), if a local

government adopts a TXVRA Resolution consistent with Sect.

280.154(c) following receipt of a TXVRA Notification Letter, the

party that sent the TXVRA Notification Letter may not file action

earlier than 140 days after sending the TXVRA Notification Letter.

(e) If the local government lacks authority to enact and

implement a remedy identified in a TXVRA Resolution, it may

nonetheless do so with approval of a court of appropriate

jurisdiction. The approval of a remedy by the TXVRA Commission does

not bar an action to challenge the remedy.

(f) Notwithstanding the provisions of Sect. 280.154, a

party may bring a cause of action for a violation of this section

under any of the following circumstances:

(1) The action is commenced within 1 year after the

adoption of the challenged method of election, ordinance,

resolution, rule, policy, standard, regulation, procedure, or law;

(2) The prospect of obtaining relief under this

Subchapter would be futile;

(3) Another party has already submitted a notification

letter under this subsection alleging a substantially similar

violation and that party is eligible to bring a cause of action

under this Sect. 280.154;

(4) Following the party's submission of a TXVRA

Notification Letter, the local government has adopted a TXVRA

Resolution that identifies a remedy that would not remedy the

violation identified in the party's notification letter; or

(5) The party is seeking preliminary relief with

respect to an upcoming election in accordance with section IX.

(c) Where there is evidence that more than one protected

class of eligible voters is politically cohesive in the local

government, members of each of those protected classes may be

combined for the purpose of consideration by the commission under

this section.

Sec. 280.155. LOCAL GOVERNMENTS MAY NOT ASSERT THE DOCTRINE

OF LACHES AS A DEFENSE TO CLAIMS BROUGHT UNDER THIS SECTION. LOCAL

GOVERNMENTS MAY NOT ASSERT THAT PLAINTIFFS HAVE FAILED TO COMPLY

WITH ANY NOTICE, EXHAUSTION, OR OTHER PROCEDURAL REQUIREMENTS UNDER

STATE LAW, OTHER THAN THE REQUIREMENTS IN THIS SUBCHAPTER, AS A

DEFENSE TO CLAIMS BROUGHT UNDER THIS SECTION.

SUBCHAPTER E: VOTER INTIMIDATION, DECEPTION, AND OBSTRUCTION

(a) A person, whether acting under color of law or

otherwise, may not engage in acts of intimidation, deception,

obstruction, force, coercion, or any other act(s) that has the

effect or will reasonably have the effect of interfering with an

individual's right to vote or register to vote.

(b) A violation of this Subchapter includes, but is not

limited to, the following:

(1) The use of force or threats to use force, or the

use of any other intimidating conduct that causes a voter to feel

harassed, terrified, intimidated, annoyed, alarmed, abused,

tormented, embarrassed, or offended. Or causes a reasonable person

to feel harassed, terrified, intimidated, annoyed, alarmed,

abused, tormented, embarrassed, or offended.

(2) The knowing use of a deceptive or fraudulent

device, contrivance, or communication that causes or will

reasonably have the effect of causing interference with any

individual's right to vote; or

(3) The obstruction of, impediment to, or other

interference with access to any early voting site, polling place,

mail ballot dropbox, residential mailbox or, or office of the

supervisor of elections in a manner that causes or will reasonably

have the effect of interfering with any individual's right to vote

or causing any delay in voting or the voting process.

(c) In addition to any remedies that may be imposed under

Section IX whenever the court finds a violation of any provision of

this section, the court must order appropriate remedies that are

tailored to address the violation, including but not limited to

providing for additional time to vote at an election, primary, or

referendum, and awarding damages including but not limited to

punitive damages any violation.

SUBCHAPTER F. PRECLEARANCE

Sec. 280.201. APPLICABILITY OF SUBCHAPTER. (a) The

enactment or implementation of a covered policy by a covered

jurisdiction is subject to preclearance by the TXVRA Commission:

(1) any local government that, within the prior 25

years, has been subject to any court order, government enforcement

action, court-approved, consent decree, or any other settlement in

which the local government conceded liability, based on a violation

of:

(A) this act;

(B) the Voting Rights Act of 1965 (52 U.S.C.

Section 10101 et seq.);

(C) the Fifteenth Amendment to the United States

Constitution;

(D) a voting-related violation of the Fourteenth

Amendment to the United States Constitution; or

(E) any violation of any other state or federal

election law based upon discrimination against members of a

protected class;

(2) any local government that, within the prior 25

years, has been subject to any court order, court-approved consent

decree, or any other settlement in which the local government

conceded liability, based upon a violation of any state or federal

civil rights law or the Fourteenth Amendment to the United States

Constitution concerning discrimination against members of a

protected class before implementing a policy under Section 280.202

but failed to do so;

(3) any local government that, during the prior three

years, has failed to comply with that local government's

obligations to provide data or information to the statewide

database pursuant to Section 280.254(f); or

(4) any local government that during the prior 25

years, was found to have enacted or implemented a covered policy

without obtaining preclearance for such covered policy pursuant to

this section; or

(5) any local government that:

(A) contains a population of eligible voters of

any protected class that numbers at least:

(i) 1,000; or

(ii) in which members of any protected

class constitute at least 10 percent of the eligible voter

population of the local government; and

(B) in which, in any year in the prior 10 years:

(i) the percentage of voters of any

protected class in a local government that participated in any

general election for any local government office is at least 10

percentage points lower than the percentage of all voters in the

local government that participated in such election; or

(ii) the percentage of eligible voters of

that protected class who were registered to vote was at least 10

percentage points lower than the percentage of all eligible voters

in the local government who were registered to vote; or

(iii) based on data made available by the

United States Census, the dissimilarity index of such protected

class, calculated using census tracts, is in excess of fifty with

respect to the race, color, or language-minority group that

comprises a plurality within the local government; or

(iv) the poverty rate among members of such

protected class exceeds the poverty rate among the population of

the local government as a whole by at least 10 percentage points; or

(6) any county that:

(A) contains a population of eligible voters of

any protected class that numbers at least:

(i) 1,000; or

(ii) in which members of any protected

class constitute at least 10 percent of the eligible voter

population of the local government; and

(B) in which, in any year in the prior 10 years:

(i) the arrest rate among members of such

protected class exceeds the arrest rate among the population of the

local government as a whole by at least 10 percentage points; or

(ii) the graduation rate of such protected

class is lower than the graduation rate of the entire district

student population by at least 10 percentage points.

(b) On an annual basis, the TXVRA Commission must determine

which local governments are covered jurisdictions and publish a

list of these local governments online.

(c) If a overed jurisdiction seeks preclearance from the

TXVRA Commission for the adoption or implementation of any covered

policy, the covered jurisdiction must submit the covered policy to

the TXVRA Commission in writing and may obtain preclearance in

accordance with the provisions of this subsection:

(1) The covered jurisdiction shall bear the burden of

proof in any preclearance determinations.

(2) The TXVRA Commission may deny preclearance to a

submitted covered policy only if it determines that:

(i) the covered policy is more likely than not to

diminish the opportunity or ability of protected class members to

participate in the political process and elect candidates of their

choice or otherwise influence the outcome of elections; or

(ii) the covered policy is more likely than not

to violate the provisions of this act.

(3) If the TXVRA Commission denies preclearance, the

applicable covered jurisdiction may not enact or implement the

covered policy. The TXVRA Commission shall provide written

explanation of any denial.

(4) If the TXVRA Commission grants preclearance to a

covered policy, the covered jurisdiction may immediately enact or

implement the covered policy. A determination by the TXVRA

Commission to grant preclearance may not be admissible in or

otherwise considered by a court in any subsequent action

challenging the covered policy. If the TXVRA Commission fails to

deny or grant preclearance to a submitted covered policy within the

time period sets forth pursuant to subsection (e)(5) of this

section, the covered policy is to be deemed precleared, and the

covered jurisdiction may enact or implement the covered policy.

(5) If a covered policy concerns the method of

election for a legislative body, districting or redistricting, the

number of seats on the legislative body, or annexation,

incorporation, dissolution, consolidation, or division of a local

government, the TXVRA Commission, shall review the covered policy,

including any public comment, and make a determination to deny or

grant preclearance within 60 days following the submission of the

covered policy. The TXVRA Commission may invoke up to two

extensions of 90 days each to make such a determination. For all

other covered policies, the TXVRA Commission, shall review the

covered policy, including any public comment, and make a

determination to deny or grant preclearance within 30 days

following the submission of the covered policy. The TXVRA

Commission may invoke an extension of 60 days to make such a

determination.

(6) Any denial of preclearance under this section may

be appealed only by the covered jurisdiction, and shall be filed in

the Third Judicial Circuit of Texas.

(d) Any aggrieved party pursuant to Subchapter J of this

Act, the director of the Database and Institute, the attorney

general, or the TXVRA Commission may file an action to enjoin

enactment or implementation and seek sanctions against the covered

jurisdiction for violations of this section. Such a claim may be

filed pursuant to the Texas Rules of Civil Practice and Procedure or

in the Third Judicial Circuit of Texas. A claim under this

subsection does not preclude, bar, or limit any other claims that

may be brought regarding the covered policy in any way, including

claims brought under other sections of this act.

(e) If the TXVRA Commission approves preclearance to a

covered policy in violation of this section, identifies or fails to

identify a list of local governments that are covered jurisdictions

in violation of Subchapter F of this act, or otherwise fails to

properly implement any of the provisions of this section, any

aggrieved party pursuant to Subchapter J of this Act, may file an

action seeking appropriate relief, including but not limited to

injunctive relief on the TXVRA Commission or any other party, as the

court deems necessary to effectuate the provisions of this section.

Such a claim may be filed pursuant to the Texas Rules of Civil

Practice and Procedure or in the Third Judicial Circuit of Texas. A

claim under this subsection does not preclude, bar, or limit any

other claims that may be brought regarding any covered policy in any

way, including claims brought under other sections of this act.

(f) TXVRA Commission must adopt regulations to effectuate

the provisions of this section, including regulations concerning

the content of and procedure for preclearance submissions,

procedures for public comment and transparency regarding

preclearance determinations, and procedures for expedited and

emergency preclearance determinations, which may deviate from the

timelines provided in subsection 280.254(f) of this section

provided that such preclearance determinations are preliminary.

SUBCHAPTER G. LANGUAGE ACCESS

(a) As used in this section, the term:

(1) "Limited English proficient individual" means an

individual who does not speak English as his or her primary language

and who speaks, reads, or understands the English language other

than "very well" in accordance with United States Census Bureau

data or data of comparable quality collected by a governmental

entity.

(2) "Native American" includes any person recognized

by the United States Census Bureau or the state as "American

Indian."

(b) The TXVRA Commission must designate one or more

languages, other than English, for which assistance in voting and

elections must be provided in a local government if the TXVRA

Commission finds that a significant and substantial need exists for

such assistance.

(c) Based on the best available data, which may include

information from the United States Census Bureau's American

Community Survey or data of comparable quality collected by a

governmental entity, the TXVRA Commission must find that a

significant and substantial need exists if:

(1) More than 2 percent, but no fewer than 200 citizens

of voting age, of a local government speak a language other than

English and are limited English proficient individuals; or

(2) More than 4,000 citizens of voting age of a local

government speak a language other than English and are limited

English proficient individuals.

(d) In the case of a local government that contains any part

of a Native American reservation, if more than 2 percent of the

Native American citizens of voting age within the Native American

reservation are proficient in a language other than English and are

limited English proficient individuals, the local government must

provide materials in such language.

(e) On an annual basis, the TXVRA Commission must publish on

its website a list of all of the following:

(1) Each local government in which assistance in

voting and elections in a language other than English must be

provided.

(2) Each language in which such assistance must be

provided in each local government.

(f) The TXVRA Commission's determinations under this

section are effective upon publication, and the TXVRA Commission

must distribute this information to each affected local government.

(g) Whenever the TXVRA Commission determines that, pursuant

to this section, language assistance must be provided by a local

government, the local government must provide competent assistance

in each designated language and provide related materials in

English and in each designated language, including:

(1) voter registration or voting notices;

(2) forms, instructions, assistance, ballots or other

materials or information relating to the electoral process.

(h) However, in the case of a language that is oral or

unwritten, including historically unwritten languages, as may be

the case for some Native Americans, a local government may provide

only oral instructions, assistance, or other information on the

electoral process in such language.

(i) All materials provided in a designated language must be

of an equal quality to the corresponding English materials. All

provided translations must convey the intent and essential meaning

of the original text or communication and may not rely solely on

automatic translation services. If available, language assistance

must include live translation.

(j) The TXVRA Commission shall also establish a review

process under which the TXVRA Commission determines, upon receipt

of a request submitted under this subsection, whether a significant

and substantial need exists in a local government for a language to

be designated for language access and assistance in voting and

elections whenever such a need has not otherwise been found under

this Sub chapter. Such process shall include, at a minimum:

(1) an opportunity for any voter or entity to submit a

request for the Commission to consider designating a language in a

local government;

(2) an opportunity for public comment; and

(3) a procedure ensuring that upon receipt of any such

request and consideration of any public comment, the TXVRA

Commission may, in accordance with the process for making this

determination, determine that language assistance must be provided

by a local government.

(k) Any aggrieved party pursuant to Subchapter I of this

Act, the attorney general, or the TXVRA Commission may file an

action alleging a violation of this section to enforce compliance

with this section. Such a claim may be filed pursuant to the Texas

Rules of Civil Practice and Procedure or in the Third Judicial

Circuit of Texas.

SUBCHAPTER H. TEXAS VOTING AND ELECTION INSTITUTE

Sec. 280.251. DEFINITION. In this subchapter, "database and

institute" means the Texas Voting and Elections Database and

Institute created by this subchapter.

Sec. 280.252. CREATION OF DATABASE AND INSTITUTE. (a) The

TXVRA commission shall enter into an agreement with one or more

universities in this state to create the Texas Voting and Elections

Database and Institute to maintain and administer a central

repository of elections and voting data available to the public

from all local governments in this state and to foster, pursue, and

sponsor research on existing laws and best practices in voting and

elections.

(b) The agreement described by Subsection (a) shall enter

into a memorandum of understanding that includes the process for

selecting the director of the database and institute.

Sec. 280.253. POWERS AND DUTIES OF DATABASE AND INSTITUTE.

(a) The database and institute shall:

(1) provide a center for research, training, and

information on voting systems and election administration; and

(2) provide nonpartisan technical assistance to local

governments, scholars, and the general public seeking to use the

resources of the database and institute created under Section

280.254.

(b) The database and institute may:

(1) conduct classes both for credit and noncredit;

(2) organize interdisciplinary groups of scholars to

research voting and elections in this state;

(3) conduct seminars involving voting and elections;

(4) assist in the dissemination of election data to

the public; and

(5) publish books and periodicals as the database and

institute considers appropriate on voting and elections in this

state.

Sec. 280.254. ELECTION DATABASE. (a) The database and

institute shall establish a nonpartisan centralized database in

order to collect, archive, and make publicly available at no cost an

accessible database pertaining to elections, voter registration,

and ballot access in this state.

(b) The data, information, and estimates maintained by the

database and institute must be posted online and made available to

the public at no cost.

(c) The database and institute shall maintain in an

electronic format and make available all relevant election and

voting data and records for at least the previous 12-year period.

The data and records that must be maintained include, but are not

limited to, all of the following:

(1) population data that:

(A) includes estimates of the total population,

voting age population, and citizen voting age population by racial,

color, or language minority group and disability status; and

(B) is broken down to the precinct-level data, on

a year-by-year basis, for every local government in this state; and

(C) is based on data from the United States

Census Bureau, American Community Survey, or data of comparable

quality collected by a public office;

(2) election results at the precinct level for every

federal, state, and local election held in every local government

in this state;

(3) contemporaneous voter registration lists, voter

history files, election day polling places, and absent voter ballot

drop box locations for every election in every local government in

this state;

(4) contemporaneous maps or other documentation of the

configuration of precincts;

(5) election day polling places, including, but not

limited to, lists of precincts assigned to each polling place, if

applicable;

(6) adopted districting or redistricting plans for

every election in every local government in this state;

(7) any other data that the director of the database

and institute considers necessary to maintain in furtherance of the

purposes of the database and institute.

(d) Any maps, election day polling places, and absentee

voter ballot drop box locations must be made available in a

geospatial file format.

(e) The database and institute shall prepare any estimates

made under this section by applying the most advanced,

peer-reviewed, and validated methodologies available for the

purposes of this subchapter.

(f) All state agencies and local governments shall timely

provide the director of the database and institute with any

information requested by the director of the database and

institute. No later than 90 days after an election, each local

government shall transmit to the database and institute copies of

all of the following:

(1) election results at the precinct level;

(2) contemporaneous voter registration lists;

(3) state voter file;

(4) maps, descriptions, and shapefiles for election

districts;

(5) lists of election day polling places, shapefiles,

or descriptions of the precincts assigned to each election day

polling place; and

(6) any other data as requested by the database and

institute.

(g) At least annually or upon the request by the director of

the database and institute, any state entity identified by the

director of the database and institute as possessing data,

statistics or other information that the database and institute

requires to carry out its duties and responsibilities, shall

provide to the database and institute such data, statistics or

information.

(h) Any aggrieved party pursuant to Subchapter I of this

act, the director of the database and institute, the attorney

general, or the TXVRA Commission may file an action to enforce

compliance with this section. Such a claim may be filed pursuant to

the Texas Rules of Civil Practice and Procedure or in the Third

Judicial Circuit.

(i) No later than 90 days following the end of each state

fiscal year, the database and institute shall publish a report on

the priorities and finances of the database and institute.

(j) The database and institute shall provide nonpartisan

technical assistance to local governments, researchers, and

members of the public seeking to use the resources of the statewide

database.

(k) There shall be a rebuttable presumption that the data,

estimates, or other information maintained by the database and

institute is valid.

SUBCHAPTER I. VOTER EDUCATION FUND

Sec. 280.301. VOTER EDUCATION FUND. (a) The TXVRA

commission shall create and administer a voter education fund under

this section.

(b) The TXVRA shall expend money from the fund for one or

more of the following purposes:

(1) cover the operational and administrative costs of

the commission;

(2) developing and distributing educational materials

on voting rights and the voting process, including information on:

(A) voter registration;

(B) voting by mail; and

(C) polling place accessibility;

(3) conducting public education campaigns to:

(A) inform voters about changes to voting laws,

election procedures, or polling locations; and

(B) counteract false or misleading information

about voting;

(4) providing training and resources to local election

officials, poll workers, and volunteers on how to ensure fair and

equitable access to the ballot for all eligible voters;

(5) establishing and maintaining voter hotlines,

online portals, or other mechanisms for:

(A) voters to report incidents of voter

intimidation, suppression, or discrimination; and

(B) an election official to respond to a report

made under Paragraph (A);

(6) supporting voter outreach efforts targeted at

historically underrepresented communities, including, but not

limited to,:

(A) members of protected classes;

(B) low-income individuals;

(C) youth; and

(D) people with disabilities;

(7) providing grants to community-based

organizations, civic groups, and civil rights organizations to

conduct voter education and mobilization activities (such as voter

registration drives, candidate forums, and get-out-the-vote

campaigns) or to engage in non-partisan advocacy, litigation, or

other legal actions to protect voting rights, challenge

discriminatory voting practices, or seek redress for victims of

voter suppression or intimidation;

(8) partnering to develop and implement nonpartisan

curricula on civic engagement, voting, and the importance of

participating in the democratic process; and

(9) funding research and evaluation projects to:

(A) assess the impact of voter education and

outreach efforts on voter participation and civic engagement; and

(B) identify best practices for improving access

to the ballot.

SUBCHAPTER J. STANDING

(a) An action to cure a violation of this title may be

brought by any individual or entity aggrieved by a violation of this

Act.

(b) An entity aggrieved by a violation of this section

includes, but is not limited to, any entity (1) whose membership

includes individuals aggrieved by a violation of this section; or

(2) whose mission would be frustrated by a violation of this

section, including but not limited to an entity who would expend or

divert resources to fulfill its mission as a result of such

violation or who must expend greater resources or efforts to

advocate before an elected body that is less responsive to the

entity or its members due to the alleged violation. An entity shall

not be compelled to disclose the identity of any specific member to

pursue a claim on behalf of its members.

(c) In an action involving a districting plan, any

individual who resides in the defendant jurisdiction and is a

member of the affected protected class or classes, whether or not

they reside in any particular district, may challenge the

districting plan as a whole.

(d) This section shall be construed liberally to confer

standing as broadly as the State Constitution permits.

SUBCHAPTER K. SEVERABILITY

(a) To the extent any provision of this Act, including any

legal standard or requirement, or any section, subsection,

paragraph, subparagraph, sentence, or other portion of this Act,

may be construed or applied in a manner that is unconstitutional or

otherwise invalid, such provision must always be construed or

applied in a constitutional and valid manner.

(b) To the extent any provision of this Act is held invalid

for any reason, such invalidity must be construed as narrowly as

possible and must not affect other provisions or applications of

this Act that can be given effect without the invalid provision, and

to this end the provisions of this Act are severable.

SUBCHAPTER L. REMEDIES

(a) Whenever a court finds a violation by of any provision

of this act, such court shall order appropriate remedies,

notwithstanding any other law, that are tailored to address such

violation and to ensure protected class members have equitable

opportunities to fully participate in the political process and

that can be implemented in a manner that will not unduly disrupt the

administration of an ongoing or imminent election. Appropriate

remedies may include, but need not be limited to:

(1) a new or revised method of election;

(2) new or revised districting or redistricting plans;

(3) elimination of staggered elections so that all

members of the legislative body are elected at the same time;

(4) reasonably increasing the size of the legislative

body;

(5) additional voting days or hours;

(6) additional polling places and/or early voting

sites;

(7) additional opportunities to return ballots;

(8) holding of special elections;

(9) expanded opportunities for voter registration;

(10) additional voter education;

(11) the restoration or addition of individuals to

registry lists; or

(12) retaining jurisdiction for such period of time as

the court may deem appropriate.

(b) The court shall consider remedies proposed by any

parties to the action or by interested nonparties. The court may

not give deference or priority to a proposed remedy because it is

proposed by the state or local government.

(c) Notwithstanding the Texas Rules of Civil Procedure or

any other provision of Texas Statutes, the court shall grant a

temporary injunction and any other preliminary relief requested

under this section with respect to an upcoming election if the court

determines that the party is more likely than not to succeed on the

merits and it is possible to implement an appropriate temporary

remedy that would resolve the violation alleged under this section

before the election.

(d) Any prevailing party in any action or proceeding brought

under this Act is entitled to reasonable attorneys' fees and costs,

including expert witness fees and other pre-litigation and

litigation expenses.

(e) For the purpose of this Act, the term "prevailing party"

includes any plaintiff or prospective plaintiff:

(1) who obtains some of their requested relief through

a judicial judgment in their favor;

(2) who obtains some of their requested relief through

any settlement agreement approved by the court;

(3) or whose pursuit of a non-frivolous claim or

notice of a claim following the procedure pursuant to Section

III(d) of this Act was a catalyst for a unilateral change in

position by the opposing party relative to the relief sought.

(f) To the extent parties are unable to come to mutual

agreement, any party may file a motion or action for clarification

of rights.

(g) Another method of election or changes to the existing

method of election that could be constitutionally adopted or

ordered under this section would likely mitigate the impairment.

SECTION 2. This Act takes effect September 1, 2025.