Menéndez Bill Hands Map Drawing To A 14-Member Commission

The text as introduced · 2,967 words

90R5538 ZAG-F

By: Menéndez, Gutierrez
S.B. No. 113

A BILL TO BE ENTITLED

AN ACT

relating to the Texas Redistricting Commission.

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

SECTION 1. 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 III, Section 28a [ 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 2. The heading to Title 5, Government Code, is

amended to read as follows:

TITLE 5. OPEN GOVERNMENT; ETHICS ; REDISTRICTING

SECTION 3. Title 5, Government Code, is amended by adding

Subtitle C to read as follows:

SUBTITLE C. REDISTRICTING

CHAPTER 581. TEXAS REDISTRICTING COMMISSION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 581.001. DEFINITIONS. In this chapter:

(1) "Census year" and "commission" have the meanings

assigned by Section 28b(a), Article III, Texas Constitution.

(2) "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.

Sec. 581.002. COMPUTATION OF TIME. For purposes of this

chapter, a day means a calendar day, except that if the final day of

a period within which an action may or must be performed is a

Saturday, Sunday, national holiday, or state holiday, the period is

extended to the next day that is not a Saturday, Sunday, or holiday.

Sec. 581.003. RETALIATION FOR ATTENDING COMMISSION MEETING

PROHIBITED. Notwithstanding any other law, an employer may not

discharge, threaten to discharge, intimidate, coerce, or retaliate

against an employee because of the employee's attendance or

scheduled attendance at any meeting of the commission.

SUBCHAPTER B. SELECTION OF COMMISSION MEMBERS

Sec. 581.051. APPLICATIONS. (a) Not later than August 15

of each year preceding a 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. 581.052. 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 Congress or

the legislature; or

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

provided by Subsection (b) to any congressional, state, or local

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 Congress.

(b) Beginning in 2029, 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. 581.053. SELECTION OF APPLICANT SUBPOOLS. (a) After

removing individuals with conflicts of interest from the applicant

pool under Section 581.052, the state auditor shall, not later than

March 15 of each census year, publicize the names of individuals in

the applicant pool.

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

state auditor shall select:

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

qualified applicants who would qualify as majority party members

under Section 28b(e)(1), Article III, Texas Constitution;

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

qualified applicants who would qualify as minority party members

under Section 28b(e)(2), Article III, Texas Constitution; and

(3) an independent subpool consisting of 20 of the

most qualified applicants who would qualify as independent members

under Section 28b(e)(3), Article III, Texas Constitution.

(c) The state auditor 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) Before drawing the members of the commission under

Section 581.054, the state auditor may not communicate with:

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

senate, the house of representatives, or Congress about any matter

related to the selection process; or

(2) a member of the applicant pool, other than to

notify each member of the pool in writing whether the member was

selected for an applicant subpool.

Sec. 581.054. DRAWING TO SELECT FIRST EIGHT COMMISSION

MEMBERS. Not later than July 5 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;

(2) three applicants from the minority subpool; and

(3) two applicants from the independent subpool.

Sec. 581.055. APPOINTMENT OF SECOND SIX COMMISSION MEMBERS.

(a) Not later than August 15 of each census year, the eight

commission members selected under Section 581.054 shall review the

remaining applicants in each subpool and appoint to the commission:

(1) two remaining applicants from the majority

subpool;

(2) two remaining applicants from the minority

subpool; and

(3) two remaining applicants from the independent

subpool.

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

at least five affirmative votes of commission members selected

under Section 581.054, 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 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 28b(e),

Article III, Texas Constitution.

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

that occurs before December 31 of a year ending in the numeral 2

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

vacancy occurs, by appointment by the commission of a remaining

applicant from the same applicant subpool as the vacating member.

(b) A vacancy on the commission that occurs on or after

December 31 of a year ending in the numeral 2 shall be filled, not

later than the 90th day after the date the vacancy occurs, by

appointment by the commission of a remaining applicant from the

same applicant subpool as the vacating member.

(c) 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 shall solicit

and select an appropriate number of new applicants for the

applicable subpool using, to the extent practicable, the procedures

provided by Sections 581.051, 581.052, and 581.053(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.

SUBCHAPTER D. COMMISSION POWERS AND DUTIES

Sec. 581.151. 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 Internet 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

August 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. 581.152. 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. 581.153. 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 28b(e), Article III, Texas Constitution.

(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 Voting

Rights Act of 1965 (52 U.S.C. Section 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 581.052(a).

Sec. 581.154. 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. The

commission shall hold at least one hearing in each senate district.

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. The

commission shall broadcast live audio and video of each hearing on

the commission's Internet website or using a comparable means of

communicating with the public. The commission shall provide public

access to recorded audio and video of each hearing on the

commission's Internet website or using a comparable means of

communicating with the public for at least 10 years following the

hearing.

(c) The commission shall display maps for public comment in

a manner designed to achieve the widest public access reasonably

possible.

(d) The commission shall publicly display preliminary maps

for congressional, senate, and house of representatives districts

not later than July 1 of each year following a census year and shall

accept public comment for at least 14 days after the date the

preliminary maps are first publicly displayed. The commission may

not display any other maps for public comment during that 14-day

period.

(e) The commission shall publicly display any subsequent

version of a preliminary map for at least seven days and shall

accept public comment for at least seven days after the date the

subsequent version is first publicly displayed.

(f) The commission shall publicly display a final map for at

least three days and shall accept public comment for at least three

days after the date the final version is first publicly displayed.

(g) The commission shall maintain an Internet website or

comparable means of communicating with the public through which any

resident of this state may submit a proposed map, written comments,

or both, without attending a commission hearing.

Sec. 581.155. PROCUREMENT AND CONTRACTING. The commission,

with fiscal oversight from the comptroller, has procurement and

contracting authority.

SUBCHAPTER E. ADMINISTRATIVE SUPPORT AND OTHER RESOURCES

Sec. 581.201. ADMINISTRATIVE SUPPORT BY STATE AUDITOR.

Following the appointment of new commission members in each census

year, the state auditor shall provide administrative support to the

commission until the commission's staff and office are fully

functional.

Sec. 581.202. COMPUTER RESOURCES. The legislature shall

ensure that a complete and accurate computerized database is

available for redistricting and that procedures are in place to

provide the public with ready access to redistricting data and

computer software for drawing maps. The legislature shall

coordinate these efforts with the commission from the time the

commission is formed until the commission dissolves.

Sec. 581.203. 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) Beginning in 2030, 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 and under Sections 28a, 28b, and 28c,

Article III, Texas Constitution.

(d) For purposes of calculating expense reimbursement, a

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

employment.

SECTION 4. Section 24.945(e), Government Code, is amended

to read as follows:

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

Texas [ Legislative ] Redistricting Commission [ 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 Texas

[ Legislative ] Redistricting Commission [ Board ] in anticipation of

a future action by the voters of any county.

SECTION 5. 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 Texas [ Legislative ] Redistricting Commission [ Board ]

established by Article III, Section 28b [ 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 6. Section 2058.002(a), Government Code, is amended

to read as follows:

(a) The legislature or the Texas [ Legislative ]

Redistricting Commission [ Board ] under Article III, Section 28b

[ 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 7. This Act takes effect January 1, 2029, but only

if the constitutional amendment proposed by the 90th Legislature,

Regular Session, 2027, establishing the Texas Redistricting

Commission to redistrict the Texas Legislature and Texas

congressional districts and revising procedures for redistricting

is approved by the voters. If that amendment is not approved by the

voters, this Act has no effect.