Bill Text: TX SB410 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to the Texas Redistricting Commission.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2021-03-16 - Co-author authorized [SB410 Detail]

Download: Texas-2021-SB410-Introduced.html

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87R2947 BEF-D
By: Menéndez S.B. No. 410

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," 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 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. (a) Except as otherwise provided by Subsection
(b) of this section, this Act takes effect January 1, 2022.
(b) This Act takes effect only if the constitutional
amendment proposed by the 87th Legislature, Regular Session, 2021,
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.