Talarico Redistricting Bill Starts In 2029, If Voters Agree

The text as introduced · 4,209 words

89R16153 MLH-F

By: Talarico
H.B. No. 5316

A BILL TO BE ENTITLED

AN ACT

relating to the Independent Citizen Redistricting Commission and

the redistricting of the districts used to elect members of the

United States House of Representatives, the Texas Legislature, and

the State Board of Education.

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

SECTION 1. The heading to Title 5, Government Code, is

amended to read as follows:

TITLE 5. OPEN GOVERNMENT; ETHICS ; REDISTRICTING

SECTION 2. Title 5, Government Code, is amended by adding

Subtitle C to read as follows:

SUBTITLE C. REDISTRICTING

CHAPTER 581. INDEPENDENT CITIZEN REDISTRICTING COMMISSION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 581.001. DEFINITIONS. In this chapter:

(1) "Census year" means a calendar year in which the

United States decennial census is taken.

(2) "Commission" means the Independent Citizen

Redistricting Commission established by Section 28b, Article III,

Texas Constitution.

(3) "Immediate family member" means a person's spouse,

parent, child, sibling, in-law, or other individual with whom the

person has a bona fide family relationship established through

blood or legal relation.

(4) "Majority party" means, with respect to a

commission member, the political party with the most total votes

cast in the four statewide primary elections preceding the member's

appointment.

(5) "Minority party" means, with respect to a

commission member, the political party with the second highest

number of total votes cast in the four statewide primary elections

preceding the member's appointment.

(6) "Statewide primary election" means an election

held by a political party to select its nominee for governor or for

president of the United States. The term does not include a runoff

primary election.

Sec. 581.002. REDISTRICTING AUTHORITY. The Independent

Citizen Redistricting Commission exercises the legislative

authority of this state to adopt redistricting plans establishing

or modifying district boundaries for the election of the members of

the United States House of Representatives elected from this state,

the members of the Texas Senate, the members of the Texas House of

Representatives, and the members of the State Board of Education. A

plan for those district boundaries may be established or modified

only by the commission as provided by this chapter.

SUBCHAPTER B. MEMBERSHIP; POWERS AND DUTIES

Sec. 581.051. COMMISSION. (a) Not later than December 31

of each census year, the members of the Independent Citizen

Redistricting Commission shall be appointed and the commission

shall commence the redistricting process for the election of the

members of the United States House of Representatives elected from

this state, the members of the Texas Senate, the members of the

Texas House of Representatives, and the members of the State Board

of Education in connection with the census taken that year.

(b) The commission members shall:

(1) conduct an open and transparent process enabling

full public consideration of, and comment on, the drawing of

district boundaries;

(2) draw district boundaries according to the

redistricting criteria specified in this chapter; and

(3) conduct themselves with integrity and fairness.

(c) The selection process for commission members is

designed to produce a commission that is independent from

legislative influence and reasonably representative of this

state's diversity.

(d) The commission consists of 14 members as follows:

(1) five majority party members, each of whom:

(A) voted in at least two of the statewide

primary elections in the five years preceding the member's

appointment held by the majority party;

(B) did not vote in any of the four statewide

primary elections preceding the member's appointment held by a

political party other than the majority party; and

(C) voted in at least two of the three general

elections preceding the member's appointment in which the office of

governor or president of the United States appeared on the ballot;

(2) five minority party members who:

(A) voted in at least two of the statewide

primary elections in the five years preceding the member's

appointment held by the minority party;

(B) did not vote in any of the four statewide

primary elections preceding the member's appointment held by a

political party other than the minority party; and

(C) voted in at least two of the three general

elections preceding the member's appointment in which the office of

governor or president of the United States appeared on the ballot;

and

(3) four independent members who:

(A) did not vote in any statewide primary

elections in the five years preceding the member's appointment; and

(B) voted in at least two of the three general

elections preceding the member's appointment in which the office of

governor or president of the United States appeared on the ballot.

Sec. 581.052. TERM OF OFFICE. The term of office of each

commission member expires at the time the first commission member

is appointed in the next census year.

Sec. 581.053. QUORUM AND VOTING. Nine commission members

constitute a quorum. The affirmative vote of at least nine

commission members is required for any official commission action.

Each final redistricting map must be approved by the affirmative

vote of at least nine commission members, including at least three

majority party members, at least three minority party members, and

at least three independent members, as provided by Section

581.051(d).

Sec. 581.054. PROHIBITED ACTIVITIES. A commission member

is ineligible for a period of 10 years beginning on the date of

appointment to hold a federal, state, or county office elected from

this state. A commission member is ineligible for a period of five

years beginning on the date of appointment to:

(1) hold an appointed federal office representing this

state;

(2) hold an appointed state or local office in this

state;

(3) serve as a paid employee of or as a paid consultant

to:

(A) a member of the United States Congress

elected from this state;

(B) the legislature; or

(C) a member of the legislature; or

(4) register as a lobbyist in this state.

Sec. 581.055. APPLICATIONS. (a) Not later than January 1

of each census year, the state auditor shall initiate an

application process for commission members.

(b) The process must be open to all registered voters of

this state and promote a diverse and qualified applicant pool.

Sec. 581.056. APPLICANT REVIEW PANEL. (a) The state

auditor shall establish an applicant review panel consisting of

three interested citizens to screen applicants. The state auditor

shall randomly draw the names of three interested citizens from a

pool consisting of all citizens who have applied under procedures

established by the state auditor to serve on the applicant review

panel. The state auditor shall draw until the names of three

interested citizens have been drawn, including:

(1) one who would qualify as a majority party member of

the commission under Section 581.051(d)(1);

(2) one who would qualify as a minority party member of

the commission under Section 581.051(d)(2); and

(3) one who would qualify as an independent member of

the commission under Section 581.051(d)(3).

(b) After the drawing under Subsection (a), the state

auditor shall notify the three citizens whose names have been drawn

that they have been selected to serve on the panel. If any of the

three citizens decline to serve on the panel, the state auditor

shall resume the random drawing until three citizens who meet the

requirements of Subsection (a) have agreed to serve on the panel.

(c) An individual may not serve on the panel if the

individual has a conflict of interest described by Section 581.057.

Sec. 581.057. CONFLICTS OF INTEREST. (a) The state auditor

shall remove an applicant with a conflict of interest from the

applicant pool, including an applicant:

(1) who at any point during the 10 years preceding the

application date:

(A) was appointed or elected to, or was a

candidate for, federal or state office;

(B) served as an officer, employee, or paid

consultant of a political party or of the campaign committee of a

candidate for elective federal or state office;

(C) served as an elected or appointed member of a

political party's executive committee;

(D) was a registered lobbyist;

(E) served as a paid staff member for the United

States Congress; or

(F) contributed at least $2,000 or the amount

provided by Subsection (b) to any congressional or state candidate

for elective public office in any year;

(2) with an immediate family member who would be

disqualified as an applicant under Subdivision (1); or

(3) who is an employee of, a consultant to, party to a

contract with, or an immediate family member of the governor, a

member of the legislature, or a member of the United States

Congress.

(b) On January 1 of each year ending in the numeral 9, the

contribution amount prescribed by Subsection (a)(1)(F) is

increased or decreased by an amount equal to the amount prescribed

by that paragraph on December 31 of the preceding year multiplied by

the percentage increase or decrease during the preceding decade in

the Consumer Price Index for All Urban Consumers (CPI-U), U.S. City

Average, as published by the United States Bureau of Labor

Statistics or its successor in function.

Sec. 581.058. SELECTION OF APPLICANT SUBPOOLS. (a) After

removing individuals with conflicts of interest from the applicant

pool under Section 581.057, the state auditor shall, not later than

August 1 of each census year, publicize the names of individuals in

the applicant pool.

(b) From the applicant pool described by Subsection (a), the

applicant review panel shall select:

(1) a majority subpool consisting of 20 of the most

qualified applicants who would qualify as majority party members

under Section 581.051(d)(1);

(2) a minority subpool consisting of 20 of the most

qualified applicants who would qualify as minority party members

under Section 581.051(d)(2); and

(3) an independent subpool consisting of 20 of the

most qualified applicants who would qualify as independent members

under Section 581.051(d)(3).

(c) The applicant review panel shall select the members of

the applicant subpools based on relevant analytical skills, ability

to be impartial, and appreciation for this state's diverse

demographics and geography.

(d) Not later than October 1 of each census year, the

applicant review panel shall present the members of the applicant

subpools to the caucus leaders of the majority party and minority

party of each house of the legislature as described by Section

581.059.

(e) Before presenting the applicant subpools as provided by

Subsection (d), a member of the applicant review panel may not

communicate with:

(1) a member, or a representative of a member, of the

United States Congress, the Texas Legislature, or the State Board

of Education about any matter related to the selection process; or

(2) a member of the applicant pool.

Sec. 581.059. STRIKES BY CAUCUS LEADERS. (a) Not later

than November 15 of each census year, the caucus leaders of the

majority party and minority party of each house of the legislature

may each strike up to two applicants from each applicant subpool

under Section 581.058(b), for a total of eight possible strikes per

applicant subpool.

(b) After all strikes have been made as provided by

Subsection (a), the caucus leaders shall present the remaining

members of each applicant subpool to the state auditor.

Sec. 581.060. DRAWING TO SELECT FIRST EIGHT COMMISSION

MEMBERS. Not later than November 20 of each census year, the state

auditor shall select the first eight members of the commission by

randomly drawing:

(1) three applicants from the majority subpool who

were not struck under Section 581.059;

(2) three applicants from the minority subpool who

were not struck under Section 581.059; and

(3) two applicants from the independent subpool who

were not struck under Section 581.059.

Sec. 581.061. APPOINTMENT OF SECOND SIX COMMISSION MEMBERS.

(a) Not later than December 31 of each census year, the eight

commission members selected under Section 581.060 shall review the

remaining names in each applicant subpool and appoint to the

commission:

(1) two remaining applicants from the majority subpool

who were not struck under Section 581.059;

(2) two remaining applicants from the minority subpool

who were not struck under Section 581.059; and

(3) two remaining applicants from the independent

subpool who were not struck under Section 581.059.

(b) An appointment under Subsection (a) must be approved by

at least five affirmative votes of commission members selected

under Section 581.060, including at least two votes of commission

members drawn from the majority subpool, at least two votes of

commission members drawn from the minority subpool, and at least

one vote of a commission member drawn from the independent subpool.

(c) In making appointments under Subsection (a), the

commission members shall ensure that the commission reflects this

state's diversity, including racial, ethnic, geographic, and

gender diversity. However, the legislature does not intend that

formulas or specific ratios be applied for this purpose.

(d) Appointments under Subsection (a) shall also be made

based on relevant analytical skills and the ability to be

impartial.

SUBCHAPTER C. ORGANIZATION OF COMMISSION

Sec. 581.101. OFFICERS. The commission shall select by a

vote of at least two-thirds of its members one member as chair and

one member as vice chair. The chair and vice chair may not both be

majority party members, minority party members, or independent

members as described by Section 581.051(d).

Sec. 581.102. REMOVAL OF COMMISSION MEMBER. (a) After

having been served written notice and provided with an opportunity

for a response, a commission member may be removed by the governor

with the concurrence of two-thirds of the members of the senate for

substantial neglect of duty, gross misconduct in office, or

inability to discharge the duties of office.

(b) A commission member removed for substantial neglect of

duty or gross misconduct in office may be referred to the attorney

general for criminal investigation or to an appropriate

administrative agency for investigation.

Sec. 581.103. VACANCY. (a) A vacancy on the commission

shall be filled, not later than the 30th day after the date the

vacancy occurs, by appointment by the commission of a remaining

applicant who was not struck under Section 581.059 from the same

applicant subpool as the vacating member.

(b) If a vacancy on the commission occurs and no applicant

from the same applicant subpool as the vacating member is available

for appointment to the commission, the state auditor and an

applicant review panel shall solicit and select an appropriate

number of new applicants for the applicable subpool using, to the

extent practicable, the procedures provided by Sections 581.055,

581.056, 581.057, and 581.058(a)-(c) but disregarding the

deadlines provided by those sections. The commission shall fill the

vacancy as soon as practicable by appointment of one of the new

applicants described by this subsection.

Sec. 581.104. BUDGET. The legislature may appropriate to

the state auditor, the secretary of state, and the commission

amounts sufficient to implement the redistricting process required

by this chapter.

SUBCHAPTER D. COMMISSION POWERS AND DUTIES

Sec. 581.151. REDISTRICTING PLAN; STANDARDS. (a) The

commission shall establish districts described by Section 581.002

through a mapping process using the following criteria in the

following order of priority:

(1) districts must comply with the United States

Constitution;

(2) districts must achieve population equality as

nearly as is practicable;

(3) districts must comply with the federal Voting

Rights Act of 1965 (52 U.S.C. Section 10101 et seq.);

(4) districts must be geographically contiguous;

(5) the geographic integrity of each municipality,

county, local neighborhood, and local community of interest must be

respected in a manner that minimizes its division to the extent

possible without violating the requirements of any of the preceding

subdivisions; and

(6) to the extent practicable and to the extent that

compliance with this subdivision does not preclude compliance with

any of the preceding subdivisions, districts must be drawn to

encourage geographical compactness so that nearby areas of

population are not bypassed for more distant areas of population.

(b) For purposes of Subsection (a)(5), a community of

interest is a contiguous population that shares common social and

economic interests that should be included within a single district

for purposes of that population's effective and fair

representation. Communities of interest may not be determined

based on relationships with political parties, incumbents, or

political candidates.

(c) The place of residence of any incumbent or political

candidate may not be considered in the creation of a map. Districts

may not be drawn for the purpose of favoring or discriminating

against an incumbent, political candidate, or political party. The

commission may not consider existing or previously used boundary

lines for districts used to elect members of the United States House

of Representatives, Texas Legislature, or State Board of Education

when drawing districts.

(d) Not later than September 15 of each year following a

census year, the commission shall approve a final map that sets

forth the boundary lines of the districts for the election of the

members of the United States House of Representatives elected from

this state, the members of the Texas Senate, the members of the

Texas House of Representatives, and the members of the State Board

of Education. On approval, the commission shall certify each final

map to the secretary of state.

(e) The commission shall issue, with the final map, a report

that explains the basis on which the commission made its decisions

in achieving compliance with the criteria listed in Subsection (a)

and shall include definitions of the terms and standards used in

drawing the final map.

(f) If the commission fails to approve a final map with the

vote and by the date required by this section, the secretary of

state shall immediately petition the Texas Supreme Court for an

order directing the appointment of special masters to adjust the

boundary lines of the districts required to be included in that map

in accordance with the redistricting criteria and requirements

provided by Subsections (a), (b), and (c). On approval of the

special masters' map, the Texas Supreme Court shall certify the map

to the secretary of state and the map constitutes the certified

final map for the districts included in the map.

(g) The boundary lines of the districts contained in a

certified final map apply beginning with the next statewide general

election and any corresponding primary elections.

Sec. 581.152. OPEN MEETINGS. (a) The commission is a

governmental body for purposes of Chapter 551.

(b) Notwithstanding Chapter 551, the secretary of state

must post notice on the secretary of state's Internet website of a

meeting of the commission for at least:

(1) 14 days before the date of a meeting, other than a

meeting described by Subdivision (2); or

(2) three days before the date of a meeting held in

September of a year following a census year.

(c) Except in a closed meeting authorized by Subchapter D,

Chapter 551, a member or employee of the commission may not

communicate with or knowingly receive communications about a

redistricting matter from anyone outside of an open meeting.

Sec. 581.153. PUBLIC INFORMATION. (a) The commission is a

governmental body for purposes of Chapter 552.

(b) The commission shall post information relating to

redistricting and all data considered by the commission in a manner

that ensures immediate and widespread public access.

Sec. 581.154. EMPLOYEES AND CONTRACTORS. (a) The

commission may hire employees and hire or contract with legal

counsel and consultants as needed in the manner provided by this

section.

(b) The commission must make hiring, removal, or

contracting decisions for employees, legal counsel, and

consultants by the affirmative vote of at least nine members,

including at least three majority party members, at least three

minority party members, and at least three independent members as

described by Section 581.051(d).

(c) The commission shall ensure that at least one of the

legal counsel hired by the commission has demonstrated extensive

experience and expertise in implementing and enforcing the federal

Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).

(d) The commission shall establish for individuals

described by Subsection (a):

(1) clear criteria for hiring and removal;

(2) communication protocols; and

(3) a code of conduct.

(e) To the extent practicable, the commission shall avoid

selecting employees, legal counsel, or consultants who would be

disqualified from commission membership because of a conflict of

interest described by Section 581.057(a).

Sec. 581.155. PUBLIC OUTREACH. (a) The commission shall

establish and implement an open hearing process for public input

and deliberation that is subject to public notice and promoted

through a thorough outreach program to solicit broad public

participation in the redistricting public review process.

(b) The hearing process must include hearings to receive

public input before the commission draws any maps and hearings

following the drawing and display of any commission maps. In

addition, the commission shall supplement hearings with other

appropriate activities to further increase opportunities for the

public to observe and participate in the review process.

(c) The commission shall hold a public hearing in each

proposed congressional district and display maps for public comment

in a manner designed to achieve the widest public access reasonably

possible.

(d) The commission shall publicly display a preliminary map

for each district for any office and shall accept public comment for

at least 14 days after the date the preliminary map is first

publicly displayed. The commission may not display any other maps

for public comment during that 14-day period.

(e) The commission shall review all public comment and other

testimony received at each hearing and make any necessary revisions

before approving a final map.

(f) The commission shall make an audiovisual recording of

each hearing conducted under this section and ensure the recording

is made publicly available on the legislature's Internet website

not later than 48 hours after the hearing concludes.

Sec. 581.156. LEGAL CHALLENGE. (a) The commission has sole

standing to defend a legal challenge to a final map certified under

Section 581.151 before a court other than the Texas Supreme Court or

a Texas court of appeals. The legislature may provide adequate

funding and other resources to the commission to defend a certified

final map. The attorney general shall, at the commission's request,

represent the commission in defense of a certified final map. The

commission may, in its sole discretion, retain legal counsel other

than the attorney general to represent the commission in defense of

a certified final map before a court other than the Texas Supreme

Court or a Texas court of appeals.

(b) Any registered voter in this state may file a petition

for a writ of mandamus or writ of prohibition, not later than the

45th day after a final map is certified to the secretary of state,

to bar the secretary of state from implementing the map on the

grounds that the map violates the Texas Constitution, the United

States Constitution, or any federal or state statute.

(c) If the court determines that a final certified map

violates the Texas Constitution, the United States Constitution, or

any federal or state statute, the court shall fashion the relief

that the court deems appropriate, including the relief described by

Section 581.151(f).

SUBCHAPTER E. ADMINISTRATIVE SUPPORT AND OTHER RESOURCES

Sec. 581.201. ADMINISTRATIVE SUPPORT BY SECRETARY OF STATE.

Following the appointment of new commission members in each census

year, the secretary of state shall provide administrative support

to the commission until the commission's staff and office are fully

functional.

Sec. 581.202. PER DIEM AND EXPENSES. (a) A commission

member is entitled to a per diem of $300 or the amount provided by

Subsection (b) for each day the member is engaged in commission

business.

(b) On January 1 of each census year the per diem amount

prescribed by Subsection (a) is increased or decreased by an amount

equal to the amount prescribed by that subsection on December 31 of

the preceding year multiplied by the percentage increase or

decrease during the preceding decade in the Consumer Price Index

for All Urban Consumers (CPI-U), U.S. City Average, as published by

the United States Bureau of Labor Statistics or its successor in

function.

(c) A commission member is eligible for reimbursement of

expenses incurred in connection with the member's performance of

duties under this chapter.

(d) For purposes of calculating expense reimbursement, a

member's residence is considered to be the member's place of

employment.

SECTION 3. Section 2058.002(a), Government Code, is amended

to read as follows:

(a) The legislature or the Independent Citizen

[ Legislative ] Redistricting Commission [ Board under Article 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 4. Chapter 581, Government Code, as added by this

Act, applies only in relation to a United States decennial census

taken on or after January 1, 2030. The establishment or

modification of district boundaries in connection with a United

States decennial census taken before that date, including any legal

challenge, is governed by the law in effect immediately before the

effective date of this Act, and the former law is continued in

effect for that purpose.

SECTION 5. This Act takes effect September 1, 2029, but only

if the constitutional amendment proposed by the 89th Legislature,

Regular Session, 2025, to establish the Independent Citizen

Redistricting Commission to redistrict the Texas Legislature,

Texas congressional districts, and State Board of Education

districts and revising procedures for redistricting is approved by

the voters. If that proposed constitutional amendment is not

approved by the voters, this Act has no effect.