Proposing a constitutional amendment establishing the Texas Redistricting Commission to redistrict the Texas Legislature and Texas congressional districts and revising procedures for redistricting.

The text as introduced · 2,595 words

90R6955 ZAG-F

By: Menéndez, Gutierrez
S.J.R. No. 9

A JOINT RESOLUTION

proposing a constitutional amendment establishing the Texas

Redistricting Commission to redistrict the Texas Legislature and

Texas congressional districts and revising procedures for

redistricting.

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

SECTION 1. Article III, Texas Constitution, is amended by

adding Sections 28a, 28b, and 28c to read as follows:

Sec. 28a. (a) In the year following a year in which the

United States decennial census is taken, the Texas Redistricting

Commission described by Section 28b of this article shall adjust

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, and the members of the Texas

House of Representatives in accordance with the standards and

process provided by Section 28b of this article.

(b) Districts described by Subsection (a) of this section

must be single-member districts, each entitled to elect one member

of the United States House of Representatives, the Texas Senate, or

the Texas House of Representatives, as applicable.

Sec. 28b. (a) In this section:

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

United States decennial census is taken.

(2) "Commission" means the Texas Redistricting

Commission.

(3) "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.

(4) "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.

(5) "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.

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

members of the Texas Redistricting Commission shall be appointed

and the commission shall commence the redistricting process for the

districts described by Section 28a(a) of this article in connection

with the census taken that year.

(c) 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 section; and

(3) conduct themselves with integrity and fairness.

(d) 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.

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

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

(A) voted in at least three of the four statewide

primary elections 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 each of the four 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 three of the four statewide

primary elections 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 each of the four 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 of the four statewide

primary elections preceding the member's appointment; and

(B) voted in each of the four general elections

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

or President of the United States appeared on the ballot.

(f) The term of office of each commission member expires at

the time the first commission member is appointed in the next census

year.

(g) 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 Subsection (e) of this section.

(h) Each commission member shall apply this section and

Sections 28a and 28c of this article in a manner that is impartial

and that reinforces public confidence in the integrity of the

redistricting process.

(i) A commission member is ineligible for a period of 10

years beginning on the date of appointment to hold a federal, state,

county, or municipal 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.

(j) The commission shall establish districts described by

Section 28a(a) of this article through a mapping process using the

following criteria in the following order of priority:

(1) all districts must comply with the United States

Constitution;

(2) districts for the election of members of the

United States House of Representatives must achieve population

equality as nearly as is practicable;

(3) districts for the election of members of the Texas

Senate and Texas House of Representatives must have reasonably

equal population with other districts for the same office except

where deviation is required to comply with the Voting Rights Act of

1965 (52 U.S.C. Section 10101 et seq.) or is allowable by law;

(4) all districts must comply with the Voting Rights

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

(5) all districts must be geographically contiguous;

(6) 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 of this subsection; and

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

compliance with this subdivision does not preclude compliance with

any of the preceding subdivisions of this subsection, districts

must be drawn to encourage geographical compactness so that nearby

areas of population are not bypassed for more distant population.

(k) For purposes of Subsection (j)(6) of this section, 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. Examples of shared social and economic

interests are those interests common to an urban area, a rural area,

an industrial area, or an agricultural area and those interests

common to areas in which the people share similar living standards,

use the same transportation facilities, have similar work

opportunities, or have access to the same media of communication

relevant to the election process. Communities of interest may not

be determined based on relationships with political parties,

incumbents, or political candidates.

(l) 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.

(m) To the extent practicable, districts should be numbered

based on geography. Districts bordering Arkansas should be assigned

the lowest district numbers, with districts to the west and south

assigned progressively higher district numbers.

(n) Not later than August 15 of each year following a census

year, the commission shall approve final maps that separately set

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, and the members of the

Texas House of Representatives. On approval, the commission shall

certify each final map to the secretary of state.

(o) The commission shall issue, with each of the three final

maps, a report that explains the basis on which the commission made

its decisions in achieving compliance with the criteria listed in

Subsection (j) of this section and shall include definitions of the

terms and standards used in drawing each final map.

(p) 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 (j), (k), (l), and (m) of this section. 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.

(q) 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.

(r) The legislature shall appropriate to the state auditor

and the commission amounts sufficient to implement the

redistricting process required by this section, Sections 28a and

28c of this article, and general law. The amounts appropriated must

provide adequate funding for a statewide outreach program to

solicit broad public participation in the redistricting process,

including the solicitation of applicants for commission

membership, and provide adequate funding for office and meeting

space for the commission's operations.

(s) Consistent with this section and Sections 28a and 28c of

this article, the legislature by general law shall provide

procedures for selecting the members of the commission and may

provide provisions governing the powers, duties, and operations of

the commission. After enactment, the legislature may not

subsequently amend that general law unless:

(1) by the same vote required for the adoption of a

final map, the commission recommends amendment of that general law

to carry out the purpose and intent of this section and Sections 28a

and 28c of this article;

(2) the bill to enact the amendment is approved by a

vote of at least two-thirds of all the members elected to each house

of the legislature and becomes law in a manner described by Section

14, Article IV, of this constitution;

(3) the bill to enact the amendment is printed and

distributed in each house of the legislature at least 12 days before

final passage by the legislature;

(4) the amendment furthers the purposes of this

section and Sections 28a and 28c of this article; and

(5) the amendment is passed by the legislature in a

year not ending in the numeral 9, 0, or 1.

Sec. 28c. (a) The Texas Redistricting Commission has sole

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

Section 28b of this article. The legislature shall 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.

(b) The Texas Supreme Court has original and exclusive

jurisdiction in all proceedings in which a certified final map is

challenged or is claimed not to have taken timely effect.

(c) 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 this constitution, the United States

Constitution, or any federal or state statute.

(d) The Texas Supreme Court shall give priority to ruling on

a petition for a writ of mandamus or a writ of prohibition filed

under Subsection (c) of this section. If the supreme court

determines that a final certified map violates this 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 28b(p) of

this article.

SECTION 2. Section 7a, Article V, Texas Constitution, is

amended by amending Subsections (e) and (i) to read as follows:

(e) 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 this constitution

shall convene on September 1 of the same year to 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.

(i) 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 section. Judicial districts smaller in size than the entire

county may be created subsequent to a general election where 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." No

redistricting plan may 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 3. Sections 25, 26, and 28, Article III, Texas

Constitution, are repealed.

SECTION 4. The following temporary provision is added to

the Texas Constitution:

TEMPORARY PROVISION. (a) This temporary provision applies

to 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.

(b) On January 1, 2029:

(1) Sections 28a, 28b, and 28c, Article III, of this

constitution take effect;

(2) the amendments to Section 7a, Article V, of this

constitution take effect;

(3) Sections 25, 26, and 28, Article III, of this

constitution are repealed; and

(4) the Legislative Redistricting Board is abolished.

(c) This temporary provision expires January 1, 2030.

SECTION 5. This proposed constitutional amendment shall be

submitted to the voters at an election to be held November 2, 2027.

The ballot shall be printed to permit voting for or against the

following proposition: "The constitutional amendment establishing

the Texas Redistricting Commission to redistrict the Texas

Legislature and Texas congressional districts and revising

procedures for redistricting."