89R9424 BEF-F     By: Howard H.B. No. 3031       A BILL TO BE ENTITLED   AN ACT   relating to the reapportionment of state legislative,   congressional, and judicial districts and the functions and duties   of the independent redistricting commission.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle A, Title 3, Government Code, is amended   by adding Chapter 307 to read as follows:   CHAPTER 307. INDEPENDENT REDISTRICTING COMMISSION          Sec. 307.001.  DEFINITIONS.  In this chapter:                (1)  "Commission" means the independent redistricting   commission established under Article XVIII, Texas Constitution.                (2)  "Redistricting plan" has the meaning assigned by   Section 1, Article XVIII, Texas Constitution.          Sec. 307.002.  OATH.  Before serving on the commission, each   person appointed shall take and subscribe to the constitutional   oath of office.          Sec. 307.003.  ELIGIBILITY.  The eligibility of a person to   serve on the commission is as prescribed by Article XVIII, Texas   Constitution.          Sec. 307.004.  OPERATION OF COMMISSION.  (a) The   legislature shall appropriate sufficient money for the   compensation and payment of the expenses of the 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 for the commission's duties.          (c)  The Texas Legislative Council shall provide technical   staff and clerical services at the commission's request.          Sec. 307.005.  DUTIES.  The commission shall:                (1)  adopt rules to carry out the constitutional duties   of the commission and to administer this chapter; and                (2)  act as the legislature's recipient of the official   census and geographic data from the United States Census Bureau   pursuant to the federal decennial census.          Sec. 307.006.  REDISTRICTING PLAN; FORM.  The commission   shall include with each report under Section 49(2), Article XVIII,   Texas Constitution:                (1)  for each district in the redistricting plan, the   total population and the percentage deviation from the average   district population;                (2)  an explanation of the criteria used in developing   the redistricting plan with a justification of any population   deviation in a district from the average district population;                (3)  a map or maps of all the districts; and                (4)  the estimated cost to be incurred by the counties   for changes in county election precinct boundaries required to   conform to the districts adopted by the commission.          Sec. 307.007.  REDISTRICTING PLAN STANDARDS.  (a)  A   redistricting plan adopted by the commission must conform to the   standards provided by Article XVIII, Texas Constitution.          (b)  In developing a redistricting plan, the commission may   not consider:                (1)  the potential effects of the districts on   incumbents or potential candidates for office;                (2)  the residence of any elected official or potential   candidate for office;                (3)  any information involving the past political   performance of a specific geographic area, except as necessary to   comply with federal law or Article XVIII, Texas Constitution; and                (4)  data concerning party affiliation or voting   history, except as necessary to comply with federal law or Article   XVIII, Texas Constitution.          Sec. 307.008.  DISCLOSURE OF DATA REQUIRED.  The commission   shall make all redistricting plans submitted to the commission,   including the commission's preliminary redistricting plans,   hearing transcripts, minutes of meetings, maps, narrative   descriptions of proposed districts, and other data used by the   commission available to the public through the commission's   Internet website and other appropriate means.          Sec. 307.009.  SUBMISSION OF PLAN.  On adoption of a   preliminary or final redistricting plan by the commission, the   commission shall submit the redistricting plan to the governor, the   secretary of state, and the presiding officer of each house of the   legislature.          Sec. 307.010.  OPERATIONS AFTER ADOPTION OF REDISTRICTING   PLANS.  (a) Following the adoption of all redistricting plans that   the commission is required to adopt, the commission shall reduce or   suspend its staff, contractors, and operations to the extent   practicable.          (b)  The commission shall prepare a financial statement   disclosing all expenditures made by the commission. The official   record of the commission must contain all relevant information   developed by the commission in carrying out its duties, including   maps, data, minutes of meetings, written communications, and other   information.          (c)  The secretary of state shall preserve the commission's   records as provided by Section 16, Article XVIII, Texas   Constitution.          (d)  Any unexpended money from an appropriation to the   commission reverts to the general revenue fund.          Sec. 307.011.  CHALLENGES TO REDISTRICTING PLAN.  After a   final redistricting plan is adopted by the commission, any person   aggrieved by the plan may file a petition with the supreme court   challenging the plan.          Sec. 307.012.  CONVENING OF COMMISSION FOR REAPPORTIONMENT   OF JUDICIAL DISTRICTS.  (a) If the Judicial Districts Board fails   to make a statewide reapportionment of judicial districts under   Subchapter F, Chapter 24, the commission shall convene on September   1 of the year provided by Section 7a(e), Article V, Texas   Constitution, to make the statewide reapportionment as required by   Section 24.946(a).          (b)  The commission shall complete the reapportionment of   judicial districts as soon as possible within the time provided by   Section 7a(e), Article V, Texas Constitution.          (c)  The commission's reapportionment of judicial districts   becomes effective as provided by Sections 24.948 and 24.949.          (d)  Following the effective date of a reapportionment of   judicial districts, the commission shall reduce or suspend its   operations to the extent practicable.          SECTION 2.  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 XVIII, [III, Section 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 3.  Section 24.945(e), Government Code, is amended   to read as follows:          (e)  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 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 independent redistricting commission   [Legislative Redistricting Board] in anticipation of a future   action by the voters of any county.          SECTION 4.  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 independent redistricting commission [Legislative   Redistricting Board] established under [by] Article XVIII, [III,   Section 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 5.  Section 2058.002(a), Government Code, is amended   to read as follows:          (a)  The legislature or the independent redistricting   commission established [Legislative Redistricting Board] under   Article XVIII, [III, Section 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 6.  This Act takes effect January 1, 2029, but only   if the constitutional amendment proposed by the 89th Legislature,   Regular Session, 2025, 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 is   approved by the voters. If that proposed constitutional amendment   is not approved by the voters, this Act has no effect.