HJR123 - Proposing a constitutional amendment establishing an independent redistricting commission to establish districts for the election of the members of the United States House of Representatives elected from this state, the Texas Senate, and the Texas House of Representatives.

  89R946 CMO-D     By: Howard H.J.R. No. 123       A JOINT RESOLUTION   proposing a constitutional amendment establishing an independent   redistricting commission to establish districts for the election of   the members of the United States House of Representatives elected   from this state, the Texas Senate, and the Texas House of   Representatives.          BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article III, Texas Constitution, is amended by   adding Section 28a to read as follows:           Sec.   28a.     The independent redistricting commission   established under Article XVIII of this constitution exercises the   legislative authority of this state to adopt redistricting plans   for the election of members of the United States House of   Representatives elected from this state, the Texas House of   Representatives, and the Texas Senate.   Districts for those   legislative bodies may not be established or changed except as   provided by that article.          SECTION 2.  Sections 7a(e) and (i), Article V, Texas   Constitution, are amended 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 independent redistricting commission [ Legislative   Redistricting Board ] established under  [ by ] Article XVIII [ III,   Section 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   independent redistricting commission [ Legislative Redistricting   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 independent redistricting   commission [ Legislative Redistricting Board ] in anticipation of a   future action by the voters of any county.          SECTION 3.  The Texas Constitution is amended by adding   Article XVIII to read as follows:   ARTICLE XVIII. INDEPENDENT REDISTRICTING COMMISSION   SUBCHAPTER A. GENERAL PROVISIONS           Sec. 1.  DEFINITIONS. In this article:                   (1)     "Commission" means the independent redistricting   commission established under this article.                 (2)     "Nonpartisan agency" means the agency designated   or established under Part 1, Subchapter E, of this article.                 (3)     "Redistricting plan" means a plan that establishes   the boundaries of districts used for the election of the members of,   as applicable:                       (A)     the United States House of Representatives   elected from this state;                       (B)  the Texas Senate; or                       (C)  the Texas House of Representatives.                 (4)     "Select committee" means the committee appointed   under Part 2, Subchapter E, of this article.                 (5)     "Selection pool" means the approved selection pool   under Part 2, Subchapter C, of this article.   SUBCHAPTER B. COMMISSION   PART 1. APPOINTMENT OF MEMBERS           Sec.   2.     APPOINTMENT. (a)   The nonpartisan agency shall   establish an independent redistricting commission for this state   consisting of 15 members appointed under this section.           (b)     Not later than October 1 of a year ending in the numeral   zero, the nonpartisan agency shall, at a public meeting held at   least 15 days after notice of the meeting is given to the public,   appoint the following six commission members:                 (1)     two members chosen at random from the majority   category of the selection pool;                 (2)     two members chosen at random from the minority   category of the selection pool; and                 (3)     two members chosen at random from the independent   category of the selection pool.           (c)     Not later than November 15 of a year ending in the   numeral zero, the commission members appointed under Subsection (b)   of this section shall, at a public meeting held at least 15 days   after notice of the meeting is given to the public, appoint the   following nine commission members:                 (1)     three members selected from the majority category   of the selection pool;                   (2)     three members selected from the minority category   of the selection pool; and                 (3)     three members selected from the independent   category of the selection pool.           Sec.   3.     RULES FOR APPOINTMENT OF CERTAIN MEMBERS. (a)   The   appointment of a commission member under Section 2(c) or 5(b) of   this article and the selection of an alternate member under Section   4(b) of this article requires the affirmative vote of at least four   of the members appointed under Section 2(b) of this article,   including at least one member chosen from each category of the   selection pool.           (b)     In appointing commission members under Section 2(c) or   5(b) of this article and selecting alternate members under Section   4(b) of this article, the commission members appointed under   Section 2(b) of this article shall ensure that the membership of the   commission:                 (1)     is representative of the demographic groups,   including racial, ethnic, economic, and gender groups, and   geographic regions of this state; and                 (2)     provides racial, ethnic, and language minorities   protected under the Voting Rights Act of 1965 (52 U.S.C. Section   10301 et seq.) with a meaningful opportunity to participate in the   development of this state's redistricting plans.           Sec.   4.     DESIGNATION OF ALTERNATE MEMBERS. (a)   When the   nonpartisan agency appoints commission members under Section 2(b)   of this article, the agency shall choose at random two other   individuals from each category of the selection pool to serve as   alternate members.           (b)     When the commission members appointed under Section   2(b) of this article appoint the remaining commission members under   Section 2(c) of this article, the members appointed under Section   2(b) shall select two other individuals from each category of the   selection pool to serve as alternate members.           Sec.   5.     APPOINTMENT OF ALTERNATE MEMBERS TO FILL VACANCIES.   (a)   If a commission member appointed under Section 2(b) of this   article vacates the member's position, the nonpartisan agency shall   choose at random one of the alternate members under Section 4(a) of   this article to fill the vacancy from the same category of the   selection pool as the vacating member.   The agency shall also choose   at random another individual from the same category of the   selection pool to replace the alternate member.           (b)     If a member appointed under Section 2(c) of this article   vacates the member's position, the members appointed under Section   2(b) of this article shall select one of the alternate members under   Section 4(b) of this article to fill the vacancy from the same   category of the selection pool as the vacating member. The members   appointed under Section 2(b) shall also select another individual   from the same category of the selection pool to replace the   alternate member.           Sec.   6.     REMOVAL OF COMMISSION MEMBER. A commission member   may be removed by a majority vote of the remaining commission   members if it is shown by a preponderance of the evidence that the   person is not eligible to serve on the commission under Part 1,   Subchapter C, of this article.   PART 2. PROCEDURES FOR CONDUCTING COMMISSION BUSINESS           Sec.   7.     CHAIR. The commission members shall select by   majority vote one member who was appointed from the independent   category of the selection pool to serve as chair of the commission.     The commission may not take any action to develop a redistricting   plan for this state under Subchapter D of this article before the   appointment of the chair.           Sec.   8.     VOTE REQUIRED FOR CERTAIN ACTIONS. The commission   may not publish and disseminate any preliminary or final   redistricting plan, or take any other action, without the approval   of at least:                 (1)  a majority of the members of the commission; and                 (2)     one commission member from each category of the   selection pool.           Sec.   9.     QUORUM. A majority of the members of the commission   constitutes a quorum.   PART 3. STAFF; CONTRACTORS           Sec.   10.     COMMISSION STAFF. The commission shall appoint   and set the pay of technical experts, legal counsel, consultants,   and other staff the commission considers appropriate, subject to   general law.   The application process must be public and all   application materials must be made available for public inspection.           Sec.   11.     CONTRACTORS. The commission may enter into   contracts with vendors as the commission considers appropriate,   subject to general law.   A contract must be approved by a majority   vote of the commission members, including at least one member from   each category of the selection pool.           Sec.   12.     REPORTS REGARDING POLITICAL EXPENDITURES.   (a)   In   this section, "expenditure for political activity" means a   disbursement for:                 (1)     an independent expenditure, as defined by Section   301(17) of the Federal Election Campaign Act of 1971 (52 U.S.C.   Section 30101(17));                 (2)     an electioneering communication, as defined by   Section 304(f)(3) of the Federal Election Campaign Act of 1971 (52   U.S.C. Section 30104(f)(3)), or any other public communication, as   defined by Section 301(22) of that Act (52 U.S.C. Section   30101(22)), that would be an electioneering communication if it   were a broadcast, cable, or satellite communication; or                 (3)     any dues or other payments to a trade association   or organization exempt from tax under Section 501(a) of the   Internal Revenue Code of 1986 by reason of being listed under   [Text truncated for display. Full text available on LegiScan.]