Bill Text: TX HB3928 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to the Texas Redistricting Commission.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2019-04-04 - Left pending in committee [HB3928 Detail]

Download: Texas-2019-HB3928-Introduced.html

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86R11066 JRJ-F
By: Neave H.B. No. 3928

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," "commission," "majority party,"
and "minority party" have the meanings assigned by Section 28b(a),
Article III, Texas Constitution.
(2) "Immediate family member" means a person's 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 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. 581.052. 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 28b(e)(1), Article III, Texas
Constitution;
(2) one who would qualify as a minority party member of
the commission under Section 28b(e)(2), Article III, Texas
Constitution; and
(3) one who would qualify as an independent member of
the commission under Section 28b(e)(3), Article III, Texas
Constitution.
(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 581.053.
(d) A member of the panel may not receive compensation but
is entitled to reimbursement of the travel expenses incurred by the
member while conducting the business of the panel, as provided in
the General Appropriations Act. A member's residence is considered
to be the member's place of employment for purposes of
reimbursement of expenses.
Sec. 581.053. 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,
the legislature, or the State Board of Education; 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, a member of the State Board of Education,
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 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.
Sec. 581.054. SELECTION OF APPLICANT SUBPOOLS. (a) After
removing individuals with conflicts of interest from the applicant
pool under Section 581.053, 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 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 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
581.055.
(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
senate, the house of representatives, the State Board of Education,
or Congress about any matter related to the selection process; or
(2) a member of the applicant pool.
Sec. 581.055. 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 581.054(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. 581.056. 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 581.055;
(2) three applicants from the minority subpool who
were not struck under Section 581.055; and
(3) two applicants from the independent subpool who
were not struck under Section 581.055.
Sec. 581.057. APPOINTMENT OF SECOND SIX COMMISSION MEMBERS.
(a) Not later than December 31 of each census year, the eight
commission members selected under Section 581.056 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 581.055;
(2) two remaining applicants from the minority subpool
who were not struck under Section 581.055; and
(3) two remaining applicants from the independent
subpool who were not struck under Section 581.055.
(b) An appointment under Subsection (a) must be approved by
at least five affirmative votes of commission members selected
under Section 581.056, 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 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
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 581.055 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 581.051,
581.052, 581.053, and 581.054(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
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. 581.152. 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 federal
Voting Rights Act (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 581.053(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. 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 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, house of representatives, and State
Board of Education districts 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.
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 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. 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. (a) Notwithstanding the deadline provided by
Section 581.051(a), Government Code, as added by this Act, the
state auditor shall initiate the initial application process
described by that subsection as soon as practicable after January
1, 2020.
(b) Notwithstanding the deadline provided by Section
581.054(a), Government Code, as added by this Act, the state
auditor shall publicize the names of individuals in the initial
applicant pool described by that subsection not later than May 1,
2020.
SECTION 8. (a) Except as otherwise provided by Subsections
(b) and (c) of this section, this Act takes effect January 1, 2020.
(b) Except as otherwise provided by Subsection (c) of this
section, Section 42.032, Election Code, as amended by this Act, and
Sections 24.945(e), 24.946(a), and 2058.002(a), Government Code,
as amended by this Act, take effect January 1, 2021.
(c) This Act takes effect only if the constitutional
amendment proposed by the 86th Legislature, Regular Session, 2019,
establishing the Texas 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.