Bill Text: TX SB1537 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the Texas Redistricting Commission.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-14 - Referred to State Affairs [SB1537 Detail]
Download: Texas-2019-SB1537-Introduced.html
86R11894 BEF-D | ||
By: Menéndez | S.B. No. 1537 |
|
||
|
||
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 [ |
||
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," and "statewide | ||
primary election" 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 names in each applicant 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 [ |
||
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 | ||
[ |
||
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 [ |
||
established by Article III, Section 28b [ |
||
Constitution shall make a statewide reapportionment of the judicial | ||
districts not later than the 90th [ |
||
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 [ |
||
Redistricting Commission [ |
||
[ |
||
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 | ||
581.053(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 and Texas congressional 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. |