Bill Text: TX SB69 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the establishment of the Texas Redistricting Commission.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-11-12 - Filed [SB69 Detail]
Download: Texas-2025-SB69-Introduced.html
89R345 JRJ-F | ||
By: Zaffirini | S.B. No. 69 |
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relating to the establishment of the Texas Redistricting | ||
Commission. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Title 5, Government Code, is | ||
amended to read as follows: | ||
TITLE 5. OPEN GOVERNMENT; ETHICS; REDISTRICTING | ||
SECTION 2. 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" means a calendar year in which the | ||
United States decennial census is taken. | ||
(2) "Commission" means the Texas Redistricting | ||
Commission. | ||
SUBCHAPTER B. POWERS AND DUTIES | ||
Sec. 581.051. POWERS AND DUTIES OF COMMISSION. The | ||
commission has the sole responsibility to create districts for the | ||
election of members of the United States House of Representatives, | ||
the Texas House of Representatives, and the Texas Senate. | ||
SUBCHAPTER C. MEMBERSHIP | ||
Sec. 581.101. ELIGIBILITY. (a) Except as otherwise | ||
provided by this subchapter, a Texas voter who is older than 25 | ||
years of age is eligible for membership on the commission. | ||
(b) An applicant for appointment to the commission must | ||
submit an application to the secretary of state. | ||
(c) An applicant for appointment by members of the | ||
legislature belonging to a political party must have voted in that | ||
party's previous four primary elections. An applicant for | ||
appointment as an independent member may not have voted | ||
consecutively in the same political party's primary election during | ||
the previous three primary elections. | ||
(d) An applicant is ineligible for membership on the | ||
commission if the applicant: | ||
(1) holds a public office; | ||
(2) has held a public office in the four years | ||
preceding appointment to the commission; | ||
(3) is running for public office; | ||
(4) is working under an elected official; | ||
(5) is working for a political campaign for state or | ||
federal office; or | ||
(6) is a registered state or federal lobbyist. | ||
(e) A commission member may not: | ||
(1) run for public office during the member's term; | ||
(2) run for public office during the two years | ||
following the adoption of a redistricting plan by the commission; | ||
(3) work under an elected official during the member's | ||
term; | ||
(4) work for or contribute to a campaign for state or | ||
federal office during the member's term; or | ||
(5) register as a state or federal lobbyist during the | ||
member's term. | ||
Sec. 581.102. MEMBERSHIP AND TERMS. (a) The commission | ||
consists of nine members chosen from eligible applicants under | ||
Section 581.101. | ||
(b) Eight members of the commission shall be appointed in a | ||
bipartisan manner by the legislature, as follows: | ||
(1) two members are appointed by a majority vote of the | ||
members of the Texas House of Representatives belonging to the | ||
political party with the most members in the house of | ||
representatives; | ||
(2) two members are appointed by a majority vote of the | ||
members of the Texas House of Representatives belonging to the | ||
political party with the second highest number of members in the | ||
house of representatives; | ||
(3) two members are appointed by a majority vote of the | ||
members of the Texas Senate belonging to the political party with | ||
the most members in the senate; and | ||
(4) two members are appointed by a majority vote of the | ||
members of the Texas Senate belonging to the political party with | ||
the second highest number of members in the senate. | ||
(c) The ninth member of the commission shall be chosen from | ||
among the independent applicants by the eight members appointed by | ||
the legislature. The appointment requires at least five votes and | ||
shall be made not later than the 30th day after the commission | ||
convenes. The ninth member serves as a nonvoting presiding | ||
officer, except that the member shall vote to break any tie vote on | ||
the final adoption of a redistricting plan. | ||
(d) At least one member of the commission chosen by members | ||
of each chamber of the legislature must reside in a county that is | ||
not part of a metropolitan statistical area as defined by the United | ||
States Office of Management and Budget. | ||
(e) Commission members serve three-year terms that begin on | ||
February 1 of the year following the census year. The commission may | ||
vote to: | ||
(1) terminate their terms early and dissolve following | ||
the adoption of all redistricting plans; or | ||
(2) extend their terms as necessary to fulfill the | ||
commission's obligations under the constitution. | ||
(f) The commission shall convene on the first business day | ||
in February of the year following the census year and at other times | ||
necessary to fulfill its obligations under the constitution. | ||
(g) Vacancies on the commission shall be filled not later | ||
than the 20th day after the vacancy occurs in the same manner as the | ||
vacated position is filled under Subsections (b) and (c). | ||
(h) If the appointments under Subsection (b) are not made by | ||
February 1 of the year following the census year, the caucus of the | ||
political party whose members are responsible for the appointment | ||
shall appoint the commission member not later than February 11. If | ||
the commission fails to appoint its presiding officer when | ||
required, the supreme court shall make the appointment not later | ||
than March 15. | ||
(i) Members of the commission must take a constitutional | ||
oath of office. | ||
SUBCHAPTER D. OPERATION OF THE COMMISSION | ||
Sec. 581.151. FUNDING AND RESOURCES. (a) The legislature | ||
shall appropriate sufficient money for the compensation and payment | ||
of the expenses of commission members and any staff employed by the | ||
commission. | ||
(b) The commission shall be provided access to statistical | ||
or other information compiled by the state or its political | ||
subdivisions as necessary to perform the commission's duties. | ||
(c) The Texas Legislative Council shall provide the | ||
technical staff and clerical services that the commission needs to | ||
prepare redistricting plans. | ||
(d) After the commission suspends operations, the secretary | ||
of state becomes the custodian of its official records for purposes | ||
of election administration. Any unexpended money from an | ||
appropriation to the commission reverts to the general revenue | ||
fund. | ||
Sec. 581.152. PROCEDURE. (a) The commission shall adopt | ||
its own procedural rules. The adoption of a final redistricting | ||
plan by the commission requires at least five votes. | ||
(b) The commission shall adopt each redistricting plan not | ||
later than November 15 of the year following the census year. | ||
(c) If the commission does not adopt a plan before November | ||
16 of the year following the census year, the Texas Supreme Court | ||
shall adopt a plan not later than December 30. | ||
(d) The commission shall submit each adopted redistricting | ||
plan to the governor, the secretary of state, and the presiding | ||
officer of each chamber of the legislature. | ||
Sec. 581.153. CHALLENGES TO PLAN. (a) After a | ||
redistricting plan has been adopted by the commission or the Texas | ||
Supreme Court, any aggrieved person may file a petition with the | ||
Texas Supreme Court to challenge the plan. | ||
(b) If the final judgment of a state or federal court | ||
invalidates all or part of a redistricting plan or otherwise makes | ||
it unenforceable, the commission shall reconvene to modify and | ||
adopt a new plan before January 31 of the next year. | ||
(c) The commission may reconvene on the motion of at least | ||
four members filed with the secretary of state any time after a | ||
redistricting plan has been adopted to modify the plan and at other | ||
times necessary to fulfill its obligations under the constitution. | ||
Sec. 581.154. PLAN REQUIREMENTS. To the extent practicable | ||
to comply with federal law, a redistricting plan adopted by the | ||
commission must be composed of: | ||
(1) districts contiguous with one another; | ||
(2) districts of nearly equal population; and | ||
(3) districts that are compact and convenient, and | ||
separated from adjoining districts by natural geographic barriers, | ||
artificial barriers, or political subdivision boundaries. | ||
Sec. 581.155. PLAN REPORT. (a) Each redistricting plan the | ||
commission adopts must include a report, given to the secretary of | ||
state, that includes: | ||
(1) the total population of each district with its | ||
deviation from the average district population; | ||
(2) an explanation of the criteria used for the | ||
redistricting plan, with a justification of the deviation from the | ||
average district population for each district; | ||
(3) a map for each district; | ||
(4) a financial statement disclosing all expenditures | ||
made by the commission; and | ||
(5) relevant information developed by the commission | ||
in carrying out its duties, including maps, data, meeting minutes, | ||
written communications, and other information. | ||
(b) The secretary of state shall make a copy of the report | ||
available to the public. | ||
SECTION 3. (a) Except as otherwise provided by Subsection | ||
(b) of this section, this Act takes effect January 1, 2030. | ||
(b) This Act takes effect only if the constitutional | ||
amendment proposed by the 89th Legislature, Regular Session, 2025, | ||
establishing the Texas Redistricting Commission to redistrict the | ||
United States House of Representatives and the Texas Legislature is | ||
approved by the voters. If that proposed constitutional amendment | ||
is not approved by the voters, this Act has no effect. |