SB180 - Relating to the Texas Redistricting Commission.

      By: Menéndez S.B. No. 180               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 o [Text truncated for display. Full text available on LegiScan.]