HJR135 - Proposing a constitutional amendment establishing the Texas Redistricting Commission to redistrict the Texas Legislature and Texas congressional districts and revising procedures for redistricting.

  89R2831 JRJ-D     By: Anchía H.J.R. No. 135       A JOINT RESOLUTION   proposing a constitutional amendment establishing the Texas   Redistricting Commission to redistrict the Texas Legislature and   Texas congressional districts and revising procedures for   redistricting.          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.     (a) The Texas Redistricting Commission exercises   the legislative authority of this state to adopt redistricting   plans for the election of the Texas House of Representatives, the   Texas Senate, and the members of the United States House of   Representatives elected from this state. Districts for those   legislative bodies may not be established or changed except as   provided by this section.           (b)     The commission consists of seven members selected as   follows:                 (1)     one member appointed by the member of the Texas   Senate with the most seniority, as defined by senate rules;                 (2)     one member appointed by the member of the Texas   Senate with the most seniority, as defined by senate rules, who is   of a different political party than the member described by   Subdivision (1) of this subsection;                 (3)     one member appointed by the member of the Texas   House of Representatives with the most seniority, as defined by   house rules;                 (4)     one member appointed by the member of the Texas   House of Representatives with the most seniority, as defined by   house rules, who is of a different political party than the member   described by Subdivision (3) of this subsection;                 (5)     one member appointed by an affirmative vote of not   fewer than three of the members of the commission selected under   Subdivisions (1) through (4) of this subsection; and                 (6)     two members appointed by the member appointed   under Subdivision (5) of this subsection who must be retired   federal judges appointed to the federal bench by presidents of   different political parties.           (c)     The members of the commission shall appoint one of the   members to serve as presiding officer by an affirmative vote of a   majority of the members of the commission.           (d)     Each member of the commission must be a resident of this   state and have relevant skills and abilities, including analytical   skills, the capacity for impartiality, and an appreciation for the   diverse demographics and geography of the state.   A person is not   eligible to serve on the commission if the person:                 (1)     holds an elective or appointive public office,   other than the office of retired federal judge if the member is   appointed under Subsection (b)(6) of this section or an office on   the governing body of a school district;                 (2)  holds an office in a political party;                 (3)  is employed by:                       (A)  an elected or appointed public official;                       (B)     a candidate for the legislature or the United   States Congress; or                       (C)     an entity whose principal purpose is to   support or oppose a candidate described by Paragraph (B) of this   subdivision;                 (4)     has served in a position described by Subdivision   (1), (2), or (3) of this subsection within the three years preceding   the date the person is appointed to the commission;                 (5)     is required by law to register with the Texas   Ethics Commission on account of the person's communications with   state officers to influence legislation or administrative action,   or was required to register in that capacity in the three years   preceding the date the person was appointed to the commission; or                 (6)     is related to an elected or appointed public   official within the second degree by consanguinity, as determined   under general law governing consanguinity.           (e)     The full term of a member of the commission is a 10-year   term that begins on February 1 of the year ending in 1 in which the   initial appointment to the position is required to be made and   expires on January 31 of the next year ending in 1.   A vacancy on the   commission is filled in the same manner as provided by this section   for the original appointment.           (f)     A member of the commission may not be a candidate in an   election for the Texas Senate or Texas House of Representatives   before the third anniversary of the date the commission adopts a   redistricting plan or modification of a plan for that body during   the person's service on the commission.           (g)     A member of the Texas House of Representatives, the   Texas Senate, or the United States House of Representatives may not   have contact, directly or indirectly, with a redistricting   commission member or with redistricting commission staff, with   respect to redistricting, except by testimony in a public hearing.     Redistricting commission members may not engage in any discussions,   directly or indirectly, regarding redistricting or the work of the   redistricting commission with members of the Texas House of   Representatives, the Texas Senate, or the United States House of   Representatives, except during a public hearing or by written   communication given to the entire commission.   If a redistricting   commission member engages in a prohibited discussion or violates   state law regarding public meetings, the commission may, by   majority vote, remove the member from the commission.             (h)     A redistricting plan or modification of a redistricting   plan is adopted by a vote of not fewer than five members of the   commission.           (i)     The members of the commission appointed under   Subsections (b)(1) through (4) of this section shall be appointed   not earlier than January 25 or later than January 31 of each year   ending in 1. The member appointed under Subsection (b)(5) of this   section shall be appointed not later than the 15th day after the   commission convenes under Subsection (k) of this section. The   members appointed under Subsection (b)(6) of this section shall be   appointed not later than the 15th day after the date of an   appointment under Subsection (b)(5) of this section.           (j)     As soon as practicable after the commission convenes,   all members of the commission must attend training provided by a   legislative agency that has provided redistricting services to the   legislature.   The training must include:                 (1)     information on the demographics and geography of   the state;                 (2)  the responsibilities of the commission;                 (3)  information on the redistricting process; and                 (4)  redistricting software training.           (k)     The commission shall convene on the first business day   after January 31 of each year ending in 1 and shall adopt a   redistricting plan for the Texas Senate, the Texas House of   Representatives, and the members of the United States House of   Representatives elected from this state not later than July 1 of   that year, unless the federal decennial census is delivered to the   appropriate officials of this state after May 1 of that year, in   which event the commission shall adopt those redistricting plans   not later than the 90th day after the date the census is delivered.           (l)     The commission shall reconvene to modify a   redistricting plan if the plan becomes unenforceable by order of a   court or by action of any other appropriate authority. In modifying   a redistricting plan, the commission must comply with all   applicable standards imposed by this section, other provisions of   this constitution, and laws enacted under this section but is not   limited to modifications necessary to correct legal deficiencies.           (m)     In a redistricting plan or modification of a plan   adopted under this section, the commission shall consider the   following criteria, giving priority to each criterion in the order   listed:                 (1)     districts must be drawn in accordance with the   federal constitution and all applicable federal laws, including the   federal Voting Rights Act of 1965 (52 U.S.C. Section 10101 et seq.);                 (2)     in addition to the requirements of federal law,   districts must be drawn in a manner that does not discriminate on   the basis of race, color, or membership in a language minority group   by ensuring the voting strength of racial, ethnic, and language   minorities in the districts is not diluted in a manner that deprives   minority voters of an equal opportunity to elect a candidate of   their choice;                 (3)     each district must be composed of contiguous   territory, and for purposes of this subdivision territory that is   adjoining only at a point is not considered contiguous;                 (4)     to the extent reasonable, district boundaries may   not divide a community of interest other than a community based on a   relationship with a political party or candidate for public office;                 (5)     to the extent reasonable, district boundaries must   coincide with the boundaries of political subdivisions of the state   and divide the smallest number of counties, municipalities, and   school districts possible;                 (6)     each congressional district must contain a   population as nearly equal as possible to the population of any   other district in the plan; and                 (7)     in a redistricting plan for the Texas Senate or   Texas House of Representatives, the overall range of population   deviation from the district with the largest population to the   district with the smallest population may not exceed 2.5 percent.           (n)     If a political subdivision must be divided, the   commission shall give preference to dividing a more populous   political subdivision before a less populous one.   This subsection   does not apply to a boundary drawn along a county line that divides   a municipality.           (o)     The commission may not draw a redistricting plan   purposely to favor or discriminate against a political party or any   other group.           (p)     The commission shall provide a process by which the   public may comment on a proposed redistricting plan or proposed   modification of a plan.   The commission shall consider those   comments in the adoption or modification of a redistricting plan.           (q)     For a reasonable period before the commission considers   a redistricting plan, including a modification of a redistricting   plan, the commission shall make available to the public:                 (1)     a report that identifies for each district in the   plan:                  & [Text truncated for display. 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