By: Bucy H.B. No. 5258       A BILL TO BE ENTITLED   AN ACT   relating to racial discrimination in voting.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 16, Election Code, is amended by adding   Chapter 280 to read as follows:   CHAPTER 280.  BARBARA JORDAN TEXAS VOTING RIGHTS ACT   SUBCHAPTER A.  GENERAL PROVISIONS          Sec. 280.001.  DEFINITIONS. In this chapter:                (1)  "Method of election" means the method by which   candidates are elected to a governmental body of a local   government, and includes any at-large, district-based,   share-based, or other method of election, as well as any   districting or redistricting plan used to elect candidates to the   governmental body.                (a)  "At-large method of election" means a method of   election in which candidates are voted on by all voters in the local   government, voters are allowed or required to cast as many votes as   there are seats to fill, and voters cannot cast more than one vote   for a given candidate.                (b)  "District-based method of election" means a method   of election in which the local government is divided into   districts, each district is represented by a single representative,   and candidates are voted on by only voters residing in the district.                (c)  "Share-based method of election" means a method of   election in which more than one candidate is to be elected and   different groups of voters may each elect their preferred   candidates to the seats to fill based on their relative share of the   votes cast. Share-based methods of election include, but are not   limited to, the single transferable vote, cumulative voting,   limited voting, and party-list or slate-list systems.                (3)  "Protected Class" means a class of citizens who   are members of a race, color or language minority group, consistent   with Sec. 42.0051(d)(1) and includes individuals who are members of   a minimum reporting category that has ever been officially   recognized by the United States Census Bureau.                (4)  "Local government" means municipalities,   counties, and special districts.   SUBCHAPTER B.  CANON OF DEMOCRACY          Sec. 280.051.  CONSTRUCTION OF ELECTION CODE. Any provision   of state law, regulation, charter, home rule ordinance, or other   enactment of the state or any local government relating to the right   to vote must be construed liberally in favor of the factors listed   below. To the extent courts are afforded discretion on any issue,   including but not limited to with respect to questions of   discovery, procedure, admissibility of evidence, or remedies, it is   the policy of the state that courts should exercise that   discretion, and weigh other equitable discretion, in favor of the   factors listed below:                (1)  protecting the right to cast a ballot and make the   ballot valid;                (2)  ensuring eligible individuals seeking voter   registration are not impaired in being registered;                (3)  ensuring voters are not impaired in voting,   including, but not limited to having their votes counted;                (4)  making the fundamental right to vote more   accessible to eligible voters; and                (5)  ensuring equitable access for protected class   members to opportunities to be registered to vote and to vote.          Sec. 280.052.  LIMITATION ON IMMUNITY OR PRIVILEGE. (a) It   is the policy of the state to promote the free flow of documents and   information concerning the intent of public officials in actions   concerning the right to vote. Accordingly, in any action under this   act, the federal Voting Rights Act, or a voting-related claim under   the Texas Constitution or United States Constitution, no sovereign,   governmental, executive, legislative, or deliberative immunities   and privileges, including any evidentiary privileges, may be   asserted. However, this section shall have no effect on any   attorney-client or attorney work-product privileges.   SUBCHAPTER C.  TEXAS VOTING RIGHTS COMMISSION          Sec. 280.101.  CREATION OF COMMISSION. (a) The Texas Voting   Rights Act Commission is created to administer the provisions of   this chapter.          (b)  There is hereby established an independent and   nonpartisan state agency to be referred to as the Texas Voting   Rights Act Commission ("TXVRA Commission").  The TXVRA Commission   shall be responsible for administering the provisions of this act.   The TXVRA Commission shall not be a unit of any other state agency   and shall have its own staff, which includes management, research,   and enforcement.          (c)  The TXVRA Commission shall consist of five   Commissioners, each of whom shall serve staggered five-year terms,   to be selected as set forth in this section.  Commissioners shall be   compensated for their actual time spent on TXVRA Commission   business at an hourly rate based on the rate equivalent to an   assistant attorney general.          Sec. 280.103.  QUALIFICATIONS OF COMMISSIONERS. In order to   serve as a commissioner, a person must:                (1)  reside in this state;                (2)  be a member of the State Bar of Texas with not less   than five years of legal experience;                (3)  have experience representing or advocating on   behalf of members of a protected class;                (4)  not have served in an elected office in the   preceding five years; and                (5)  not be currently serving in a government or   political party office.          Sec. 280.104.  NOMINATING COMMITTEE. (a) A Nominating   Committee shall be formed to identify qualified candidates to serve   as members of the TXVRA Commission. The Nominating Committee will   be comprised of Nominating Organizations, to be selected as   follows:          (b)  In order to serve as a nominating organization, an   organization must:                (1)  have demonstrated commitment to:                      (A)  the purposes of this chapter; and                      (B)  the voting rights of members of a protected   class;                (2)  have not less than 20 years of continuous   operation as:                      (A)  an organization that qualifies for an   exemption from federal income taxation under Section 501(c)(3),   Internal Revenue Code of 1986; or                      (B)  a nonprofit corporation registered with the   secretary of state; and                (3)  be presently registered as a nonprofit corporation   with the secretary of state.          (c)  An organization may demonstrate a commitment under   Subsection (b)(1) by:                (1)  referencing members of a protected class in the   organization's mission statement;                (2)  demonstrating involvement in multiple voting   rights cases in this state advocating on behalf of members of a   protected class;                (3)  demonstrating involvement in advocacy in support   of the purposes of this chapter; or                (4)  any other method acceptable to the secretary of   state.          (d)  The secretary of state shall certify any applicant for   the nominating committee that meets the qualifications of   Subsection (b).          (e)  If the secretary of state does not timely certify a   qualified applicant under this section, the applicant may file an   action for a writ of mandamus to compel the secretary of state to   certify the applicant as a nominating organization.          (f)  A nominating organization serves on the nominating   committee for a term of five years, after which the nominating   organization may seek recertification by the secretary of state.          (g)  If there are not more than 15 nominating organizations   on the nominating committee, the business of the committee is   conducted by all nominating organizations. If there are 16 or more   nominating organizations on the nominating committee, the business   of the committee is conducted by 15 nominating organizations chosen   randomly each year.          (h)  The nominating committee shall select a chair to preside   over meetings and votes.          (i)  The nominating committee may by majority vote of all   nominating organizations remove a nominating organization from the   committee.          Sec. 280.105.  SELECTION OF COMMISSIONERS. (a) The   nominating committee shall continually solicit applications to   serve on the commission unless the list under Subsection (b) is   full.          (b)  The nominating committee shall create and maintain a   "qualified candidate pool" of not more than 30 qualified   applicants. The nominating committee may increase or decrease the   size of the list by a three-fifths vote of the nominating   organizations.          (c)  The nominating committee may add an applicant to the   list of qualified applicants under Subsection (b) by a three-fifths   vote of the nominating organizations.          (d)  The nominating committee may not add an applicant to the   list if the applicant is not qualified under Section 280.103.          (e)  The secretary of state shall randomly select members of   the commission from the list of qualified applicants under   Subsection (b).          (f)  The secretary of state shall randomly select a   commissioner as provided by Subsection (e) not later than the 60th   day before the end of the term of a commissioner currently serving   on the commission.          (g)  If a vacancy occurs on the commission, the secretary of   state shall randomly select a commissioner as provided by   Subsection (e) not later than the 30th day after the creation of the   vacancy to serve the remainder of the vacant commissioner's term.          (h)  Not later than the 60th day before the formation of the   commission, the secretary of state shall randomly select five   commissioners as provided by Subsection (e) and shall assign by lot   terms of one, two, three, four, and five years to the newly selected   commissioners.          Sec. 280.106.  POWERS OF COMMISSION. (a) The commission may   conduct investigations and bring legal actions to enforce the   provisions of this chapter.          (b)  In conducting an investigation or bringing an action   under Subsection (a), the commission may, according to the Texas   Rules of Civil Procedure:                (1)  subpoena witnesses;                (2)  administer oaths;                (3)  examine individuals under oath;                (4)  determine material facts; and                (5)  compel the production of records, books, papers,   contracts, and other documents.          (c)  The commission may hire any staff necessary to carry out   its duties under this chapter.          (d)  The commission may make any expenditure necessary to   carry out its duties under this chapter, subject to appropriations   made by the legislature.          (e)  The commission may adopt rules to carry out its duties   under this chapter.   SUBCHAPTER D.  PROHIBITION ON VOTER SUPPRESSION AND VOTE DILUTION          Sec. 280.151.  PROHIBITING VOTER SUPPRESSION.          (a)  No local government may implement, impose, or enforce   any election policy or practice that results in, is likely to result   in, or is intended to result in, either:                (1)  A material disparity in voter participation,   access to voting opportunities, or the opportunity or ability to   participate in any stage of the political process between protected   class members and other members of the electorate; or                (2)  Based on the totality of the circumstances, an   impairment of the equal opportunity or ability of protected class   members to participate in any stage of the political process.          (b)  There shall be no violation under subsection (a)(1) of   this section if the local government or state agency demonstrates   by clear and convincing evidence that (i) the election policy or   practice is necessary to significantly further an important and   particularized governmental interest and (ii) there is no   alternative election policy or practice that results in a smaller   disparity between protected class members and other members of the   electorate.          (c)  Subsection (b) of this section does not apply if:                (1)  a local government or state agency takes action   intended to result in a material disparity; or                (2)  the material disparity results from:                      (A)  the closure, relocation, or consolidation of   one or more precincts, polling places, or county-wide mail drop   boxes;                      (B)  the local government's change to the time or   date of an election;                      (C)  the local government conducting elections on   dates that do not align with federal or state elections; or                      (D)  the date the local government selects for a   special election, and there exists an alternate date in a   reasonable timeframe in which the disparity would be materially   less significant; or the failure to schedule a special election in a   reasonable timeframe following a vacancy in an office where   protected class members are generally able to elect candidates of   their choice.          Sec. 280.152.  PROHIBITING VOTE DILUTION          (a)  No local government shall employ (i) an at-large method   of election, (ii) a district-based method of election, (iii) a   share-based method of election, or (iv) other method of election   for any office that has the effect, will likely have the effect, or   is motivated in part by the intent, of diluting the vote of   protected class members.          (b)  A violation of Sec. 280.152 is established if:                (1)  Either:                      (A)  Elections in the local government exhibit   racially polarized voting resulting in an impairment of the equal   opportunity or ability of protected class members to nominate or   elect candidates of their choice; or                      (B)  Based on the totality of the circumstances,   the equal opportunity or ability of protected class members to   nominate or elect candidates of their choice is impaired; and                (2)  Another method of election or changes to the   existing method of election that could be constitutionally adopted   or ordered under Subchapter L would likely mitigate the impairment.          Sec. 280.153.  GUIDELINES AND RELEVANT CIRCUMSTANCES FOR   EVALUATING VOTER SUPPRESSION AND VOTE DILUTION          (a)  To evaluate the totality of circumstances under Sect.   280.151(a)(2) or Sect. 280.152(b)(1)(B):                (1)  The following factors may be relevant:                      (A)  The history of discrimination;                      (B)  The extent to which the protected class   members have been elected to office;                      (C)  The use of any election policy or practice   that may enhance the dilutive effects of a method of election in the   local government;                      (D)  The extent to which protected class members   or candidates experienced any history of unequal access to   election-administration or campaign-finance processes that   determine which candidates will receive access to the ballot or   financial or other support in elections for an office of the local   government;                      (E)  The extent to which protected class members   have historically made expenditures;                      (F)  The extent to which protected class members   vote at lower rates than other voters;                      (G)  The extent to which protected class members   are disadvantaged or otherwise bear the effects of public or   private discrimination in areas that may hinder their ability to   participate effectively in any stage of the political process, such   as education, employment, health, criminal justice, housing,   transportation, land use, or environmental protection;                      (H)  The use of overt or subtle racial appeals in   political campaigns, by government officials, or in connection with   the adoption or maintenance of the election policy or practice;                      (I)  The extent to which candidates face hostility   or barriers while campaigning due to their membership in a   protected class;                      (J)  The lack of responsiveness by elected   officials to the particular needs of protected class members or a   community of protected class members;                      (K)  Whether the election policy or practice was   designed to advance and does materially advance, a valid and   substantial state interest; and                      (L)  Other factors deemed relevant.                (2)    No set number or combination of these factors   shall be required to determine that a violation occurred.                (3)  For alleged violations pertaining to a particular   local government, evidence of these factors is most probative if it   relates to the local government in which the alleged violation   occurred, but is still probative if it relates to the state or to   the geographic region in which that local government is located.          (b)  To determine whether elections in the local government   exhibit racially polarized voting under Sect. 280.152(b)(1)(A):                (1)  Racially polarized voting shall be assessed based   on relevant election results, which may include but are not limited   to elections for offices of the local government; elections held in   the local government for other offices, such as state or federal   offices; ballot measures; and other electoral choices that bear on   the rights and privileges of the protected class.                      (A)  No set number or combination of elections   shall be required to establish the existence of racially polarized   voting.                      (B)  Evidence of non-polarized voting in   elections for offices outside the local government shall not   preclude a finding of racially polarized voting based on elections   for offices of the local government.                      (C)  Non-statistical or non-quantitative evidence   shall not preclude a finding of racially polarized voting based on   statistical or quantitative evidence.                      (D)  Low turnout or registration rates among   protected class members shall not preclude a finding of racially   polarized voting.                (2)  Racially polarized voting shall be assessed based   only on the combined electoral preferences of members of a   protected class or classes.  There is no requirement that the   electoral preferences of each protected class or any subgroup   within a protected class be separately polarized from those of   other voters.                (3)  The causes of or reasons for racially polarized   voting, including partisan explanations or discriminatory intent,   are not relevant.          (c)  When evaluating whether a violation is present:                (1)  The following circumstances are never relevant   under Sect. 280.151 or Sect. 280.152:                      (A)  The total number or share of protected class   members on whom the election policy or practice does not impose a   material burden;                      (B)  The degree to which the election policy or   practice has a long pedigree or was in widespread use at some   earlier date;                      (C)  The use of an identical or similar election   policy or practice in other jurisdictions;                      (D)  The availability of forms of voting   unimpacted by the election policy or practice.                (2)  A state interest in preventing voter fraud or   bolstering voter confidence in the integrity of elections is not   relevant under Sect. 280.151 or Sect. 280.152 unless there is   substantial evidence that criminal activity by individual electors   has occurred in the local government in substantial numbers and the   connection between the election policy or practice and a state   interest in preventing voter fraud or bolstering voter confidence   in the integrity of elections is supported by substantial evidence.                (3)  Evidence concerning the intent of electors,   elected officials, or public officials to discriminate against   protected class members is never required under Sect. 280.151 or   Sect. 280.152.                (4)  Whether protected class members typically elect   candidates of their choice to the governing body in approximate   proportion to their total number or share of the population may be   relevant under Sect. 280.152.                (5)  For the purpose of satisfying Sect. 280.151 or   Sect. 280.152, it is not necessary for the total number or share of   protected class members to exceed any numerical threshold in any   district or in the local government as a whole.          Sec. 280.154.  NOTICE AND SAFE HARBOR          (a)  Prior to filing an action against a local government   pursuant to this section, a prospective plaintiff must send a   written notification letter to the local government asserting that   the local government may be in violation of the provisions of this   act.  Such letter shall be referred to as a "TXVRA Notification   Letter."          (b)  Except as noted in Sect. 280.154(f), no party may file   an action against a local government pursuant to this section   earlier than 50 days after sending a TXVRA Notification Letter to   the local government.          (c)  Prior to receiving a notification letter, or not later   than fifty days after any notification letter is sent to a local   government, a local government may adopt a resolution, which shall   be referred to as a "TXVRA Resolution," that does all of the   following:                (1)  Identifies a potential violation of this section   by the local government;                (2)  Identifies a specific remedy to the potential   violation;                (3)  Affirms the local government's intention to enact   and implement a remedy for a potential violation;                (4)  Sets forth specific measures the local government   will take to facilitate enactment and implementation of the remedy;   and                (5)  Provides a schedule for the enactment and   implementation of the remedy.          (d)  Except as noted in Sect. 280.154(f), if a local   government adopts a TXVRA Resolution consistent with Sect.   280.154(c) following receipt of a TXVRA Notification Letter, the   party that sent the TXVRA Notification Letter may not file action   earlier than 140 days after sending the TXVRA Notification Letter.          (e)  If the local government lacks authority to enact and   implement a remedy identified in a TXVRA Resolution, it may   nonetheless do so with approval of a court of appropriate   jurisdiction.  The approval of a remedy by the TXVRA Commission does   not bar an action to challenge the remedy.          (f)  Notwithstanding the provisions of Sect. 280.154, a   party may bring a cause of action for a violation of this section   under any of the following circumstances:                (1)  The action is commenced within 1 year after the   adoption of the challenged method of election, ordinance,   resolution, rule, policy, standard, regulation, procedure, or law;                (2)  The prospect of obtaining relief under this   Subchapter would be futile;                (3)  Another party has already submitted a notification   letter under this subsection alleging a substantially similar   violation and that party is eligible to bring a cause of action   under this Sect. 280.154;                (4)  Following the party's submission of a TXVRA   Notification Letter, the local government has adopted a TXVRA   Resolution that identifies a remedy that would not remedy the   violation identified in the party's notification letter; or                (5)  The party is seeking preliminary relief with   respect to an upcoming election in accordance with section IX.          (c)  Where there is evidence that more than one protected   class of eligible voters is politically cohesive in the local   government, members of each of those protected classes may be   combined for the purpose of consideration by the commission under   this section.          Sec. 280.155.  LOCAL GOVERNMENTS MAY NOT ASSERT THE DOCTRINE   OF LACHES AS A DEFENSE TO CLAIMS BROUGHT UNDER THIS SECTION.  LOCAL   GOVERNMENTS MAY NOT ASSERT THAT PLAINTIFFS HAVE FAILED TO COMPLY   WITH ANY NOTICE, EXHAUSTION, OR OTHER PROCEDURAL REQUIREMENTS UNDER   STATE LAW, OTHER THAN THE REQUIREMENTS IN THIS SUBCHAPTER, AS A   DEFENSE TO CLAIMS BROUGHT UNDER THIS SECTION.   SUBCHAPTER E:  VOTER INTIMIDATION, DECEPTION, AND OBSTRUCTION          (a)  A person, whether acting under color of law or   otherwise, may not engage in acts of intimidation, deception,   obstruction, force, coercion, or any other act(s) that has the   effect or will reasonably have the effect of interfering with an   individual's right to vote or register to vote.          (b)  A violation of this Subchapter includes, but is not   limited to, the following:                (1)  The use of force or threats to use force, or the   use of any other intimidating conduct that causes a voter to feel   harassed, terrified, intimidated, annoyed, alarmed, abused,   tormented, embarrassed, or offended.  Or causes a reasonable person   to feel harassed, terrified, intimidated, annoyed, alarmed,   abused, tormented, embarrassed, or offended.                (2)  The knowing use of a deceptive or fraudulent   device, contrivance, or communication that causes or will   reasonably have the effect of causing interference with any   individual's right to vote; or                (3)  The obstruction of, impediment to, or other   interference with access to any early voting site, polling place,   mail ballot dropbox, residential mailbox or, or office of the   supervisor of elections in a manner that causes or will reasonably   have the effect of interfering with any individual's right to vote   or causing any delay in voting or the voting process.          (c)  In addition to any remedies that may be imposed under   Section IX whenever the court finds a violation of any provision of   this section, the court must order appropriate remedies that are   tailored to address the violation, including but not limited to   providing for additional time to vote at an election, primary, or   referendum, and awarding damages including but not limited to   punitive damages any violation.   SUBCHAPTER F.  PRECLEARANCE          Sec. 280.201.  APPLICABILITY OF SUBCHAPTER. (a) The   enactment or implementation of a covered policy by a covered   jurisdiction is subject to preclearance by the TXVRA Commission:                (1)  any local government that, within the prior 25   years, has been subject to any court order, government enforcement   action, court-approved, consent decree, or any other settlement in   which the local government conceded liability, based on a violation   of:                      (A)  this act;                      (B)  the Voting Rights Act of 1965 (52 U.S.C.   Section 10101 et seq.);                      (C)  the Fifteenth Amendment to the United States   Constitution;                      (D)  a voting-related violation of the Fourteenth   Amendment to the United States Constitution; or                      (E)  any violation of any other state or federal   election law based upon discrimination against members of a   protected class;                (2)  any local government that, within the prior 25   years, has been subject to any court order, court-approved consent   decree, or any other settlement in which the local government   conceded liability, based upon a violation of any state or federal   civil rights law or the Fourteenth Amendment to the United States   Constitution concerning discrimination against members of a   protected class before implementing a policy under Section 280.202   but failed to do so;                (3)  any local government that, during the prior three   years, has failed to comply with that local government's   obligations to provide data or information to the statewide   database pursuant to Section 280.254(f); or                (4)  any local government that during the prior 25   years, was found to have enacted or implemented a covered policy   without obtaining preclearance for such covered policy pursuant to   this section; or                (5)  any local government that:                      (A)  contains a population of eligible voters of   any protected class that numbers at least:                            (i)  1,000; or                            (ii)  in which members of any protected   class constitute at least 10 percent of the eligible voter   population of the local government; and                      (B)  in which, in any year in the prior 10 years:                            (i)  the percentage of voters of any   protected class in a local government that participated in any   general election for any local government office is at least 10   percentage points lower than the percentage of all voters in the   local government that participated in such election; or                            (ii)  the percentage of eligible voters of   that protected class who were registered to vote was at least 10   percentage points lower than the percentage of all eligible voters   in the local government who were registered to vote; or                            (iii)  based on data made available by the   United States Census, the dissimilarity index of such protected   class, calculated using census tracts, is in excess of fifty with   respect to the race, color, or language-minority group that   comprises a plurality within the local government; or                            (iv)  the poverty rate among members of such   protected class exceeds the poverty rate among the population of   the local government as a whole by at least 10 percentage points; or                (6)  any county that:                      (A)  contains a population of eligible voters of   any protected class that numbers at least:                            (i)  1,000; or                            (ii)  in which members of any protected   class constitute at least 10 percent of the eligible voter   population of the local government; and                      (B)  in which, in any year in the prior 10 years:                            (i)  the arrest rate among members of such   protected class exceeds the arrest rate among the population of the   local government as a whole by at least 10 percentage points; or                            (ii)  the graduation rate of such protected   class is lower than the graduation rate of the entire district   student population by at least 10 percentage points.          (b)  On an annual basis, the TXVRA Commission must determine   which local governments are covered jurisdictions and publish a   list of these local governments online.          (c)  If a overed jurisdiction seeks preclearance from the   TXVRA Commission for the adoption or implementation of any covered   policy, the covered jurisdiction must submit the covered policy to   the TXVRA Commission in writing and may obtain preclearance in   accordance with the provisions of this subsection:                (1)  The covered jurisdiction shall bear the burden of   proof in any preclearance determinations.                (2)  The TXVRA Commission may deny preclearance to a   submitted covered policy only if it determines that:                      (i)  the covered policy is more likely than not to   diminish the opportunity or ability of protected class members to   participate in the political process and elect candidates of their   choice or otherwise influence the outcome of elections; or                      (ii)  the covered policy is more likely than not   to violate the provisions of this act.                (3)  If the TXVRA Commission denies preclearance, the   applicable covered jurisdiction may not enact or implement the   covered policy. The TXVRA Commission shall provide written   explanation of any denial.                (4)  If the TXVRA Commission grants preclearance to a   covered policy, the covered jurisdiction may immediately enact or   implement the covered policy.  A determination by the TXVRA   Commission to grant preclearance may not be admissible in or   otherwise considered by a court in any subsequent action   challenging the covered policy.  If the TXVRA Commission fails to   deny or grant preclearance to a submitted covered policy within the   time period sets forth pursuant to subsection (e)(5) of this   section, the covered policy is to be deemed precleared, and the   covered jurisdiction may enact or implement the covered policy.                (5)  If a covered policy concerns the method of   election for a legislative body, districting or redistricting, the   number of seats on the legislative body, or annexation,   incorporation, dissolution, consolidation, or division of a local   government, the TXVRA Commission, shall review the covered policy,   including any public comment, and make a determination to deny or   grant preclearance within 60 days following the submission of the   covered policy.  The TXVRA Commission may invoke up to two   extensions of 90 days each to make such a determination.  For all   other covered policies, the TXVRA Commission, shall review the   covered policy, including any public comment, and make a   determination to deny or grant preclearance within 30 days   following the submission of the covered policy.  The TXVRA   Commission may invoke an extension of 60 days to make such a   determination.                (6)  Any denial of preclearance under this section may   be appealed only by the covered jurisdiction, and shall be filed in   the Third Judicial Circuit of Texas.          (d)  Any aggrieved party pursuant to Subchapter J of this   Act, the director of the Database and Institute, the attorney   general, or the TXVRA Commission may file an action to enjoin   enactment or implementation and seek sanctions against the covered   jurisdiction for violations of this section.  Such a claim may be   filed pursuant to the Texas Rules of Civil Practice and Procedure or   in the Third Judicial Circuit of Texas.  A claim under this   subsection does not preclude, bar, or limit any other claims that   may be brought regarding the covered policy in any way, including   claims brought under other sections of this act.          (e)  If the TXVRA Commission approves preclearance to a   covered policy in violation of this section, identifies or fails to   identify a list of local governments that are covered jurisdictions   in violation of Subchapter F of this act, or otherwise fails to   properly implement any of the provisions of this section, any   aggrieved party pursuant to Subchapter J of this Act, may file an   action seeking appropriate relief, including but not limited to   injunctive relief on the TXVRA Commission or any other party, as the   court deems necessary to effectuate the provisions of this section.     Such a claim may be filed pursuant to the Texas Rules of Civil   Practice and Procedure or in the Third Judicial Circuit of Texas.  A   claim under this subsection does not preclude, bar, or limit any   other claims that may be brought regarding any covered policy in any   way, including claims brought under other sections of this act.          (f)  TXVRA Commission must adopt regulations to effectuate   the provisions of this section, including regulations concerning   the content of and procedure for preclearance submissions,   procedures for public comment and transparency regarding   preclearance determinations, and procedures for expedited and   emergency preclearance determinations, which may deviate from the   timelines provided in subsection 280.254(f) of this section   provided that such preclearance determinations are preliminary.   SUBCHAPTER G.  LANGUAGE ACCESS          (a)  As used in this section, the term:                (1)  "Limited English proficient individual" means an   individual who does not speak English as his or her primary language   and who speaks, reads, or understands the English language other   than "very well" in accordance with United States Census Bureau   data or data of comparable quality collected by a governmental   entity.                (2)  "Native American" includes any person recognized   by the United States Census Bureau or the state as "American   Indian."          (b)  The TXVRA Commission must designate one or more   languages, other than English, for which assistance in voting and   elections must be provided in a local government if the TXVRA   Commission finds that a significant and substantial need exists for   such assistance.          (c)  Based on the best available data, which may include   information from the United States Census Bureau's American   Community Survey or data of comparable quality collected by a   governmental entity, the TXVRA Commission must find that a   significant and substantial need exists if:                (1)  More than 2 percent, but no fewer than 200 citizens   of voting age, of a local government speak a language other than   English and are limited English proficient individuals; or                (2)  More than 4,000 citizens of voting age of a local   government speak a language other than English and are limited   English proficient individuals.          (d)  In the case of a local government that contains any part   of a Native American reservation, if more than 2 percent of the   Native American citizens of voting age within the Native American   reservation are proficient in a language other than English and are   limited English proficient individuals, the local government must   provide materials in such language.          (e)  On an annual basis, the TXVRA Commission must publish on   its website a list of all of the following:                (1)  Each local government in which assistance in   voting and elections in a language other than English must be   provided.                (2)  Each language in which such assistance must be   provided in each local government.          (f)  The TXVRA Commission's determinations under this   section are effective upon publication, and the TXVRA Commission   must distribute this information to each affected local government.          (g)  Whenever the TXVRA Commission determines that, pursuant   to this section, language assistance must be provided by a local   government, the local government must provide competent assistance   in each designated language and provide related materials in   English and in each designated language, including:                (1)  voter registration or voting notices;                (2)  forms, instructions, assistance, ballots or other   materials or information relating to the electoral process.          (h)  However, in the case of a language that is oral or   unwritten, including historically unwritten languages, as may be   the case for some Native Americans, a local government may provide   only oral instructions, assistance, or other information on the   electoral process in such language.          (i)  All materials provided in a designated language must be   of an equal quality to the corresponding English materials.  All   provided translations must convey the intent and essential meaning   of the original text or communication and may not rely solely on   automatic translation services.  If available, language assistance   must include live translation.          (j)  The TXVRA Commission shall also establish a review   process under which the TXVRA Commission determines, upon receipt   of a request submitted under this subsection, whether a significant   and substantial need exists in a local government for a language to   be designated for language access and assistance in voting and   elections whenever such a need has not otherwise been found under   this Subchapter.  Such process shall include, at a minimum:                (1)  an opportunity for any voter or entity to submit a   request for the Commission to consider designating a language in a   local government;                (2)  an opportunity for public comment; and                (3)  a procedure ensuring that upon receipt of any such   request and consideration of any public comment, the TXVRA   Commission may, in accordance with the process for making this   determination, determine that language assistance must be provided   by a local government.          (k)  Any aggrieved party pursuant to Subchapter I of this   Act, the attorney general, or the TXVRA Commission may file an   action alleging a violation of this section to enforce compliance   with this section.  Such a claim may be filed pursuant to the Texas   Rules of Civil Practice and Procedure or in the Third Judicial   Circuit of Texas.   SUBCHAPTER H.  TEXAS VOTING AND ELECTION INSTITUTE          Sec. 280.251.  DEFINITION. In this subchapter, "database and   institute" means the Texas Voting and Elections Database and   Institute created by this subchapter.          Sec. 280.252.  CREATION OF DATABASE AND INSTITUTE. (a)  The   TXVRA commission shall enter into an agreement with one or more   universities in this state to create the Texas Voting and Elections   Database and Institute to maintain and administer a central   repository of elections and voting data available to the public   from all local governments in this state and to foster, pursue, and   sponsor research on existing laws and best practices in voting and   elections.          (b)  The agreement described by Subsection (a) shall enter   into a memorandum of understanding that includes the process for   selecting the director of the database and institute.          Sec. 280.253.  POWERS AND DUTIES OF DATABASE AND INSTITUTE.     (a)  The database and institute shall:                (1)  provide a center for research, training, and   information on voting systems and election administration; and                (2)  provide nonpartisan technical assistance to local   governments, scholars, and the general public seeking to use the   resources of the database and institute created under Section   280.254.          (b)  The database and institute may:                (1)  conduct classes both for credit and noncredit;                (2)  organize interdisciplinary groups of scholars to   research voting and elections in this state;                (3)  conduct seminars involving voting and elections;                (4)  assist in the dissemination of election data to   the public; and                (5)  publish books and periodicals as the database and   institute considers appropriate on voting and elections in this   state.          Sec. 280.254.  ELECTION DATABASE. (a) The database and   institute shall establish a nonpartisan centralized database in   order to collect, archive, and make publicly available at no cost an   accessible database pertaining to elections, voter registration,   and ballot access in this state.          (b)  The data, information, and estimates maintained by the   database and institute must be posted online and made available to   the public at no cost.          (c)  The database and institute shall maintain in an   electronic format and make available all relevant election and   voting data and records for at least the previous 12-year period.   The data and records that must be maintained include, but are not   limited to, all of the following:                (1)  population data that:                      (A)  includes estimates of the total population,   voting age population, and citizen voting age population by racial,   color, or language minority group and disability status; and                      (B)  is broken down to the precinct-level data, on   a year-by-year basis, for every local government in this state; and                      (C)  is based on data from the United States   Census Bureau, American Community Survey, or data of comparable   quality collected by a public office;                (2)  election results at the precinct level for every   federal, state, and local election held in every local government   in this state;                (3)  contemporaneous voter registration lists, voter   history files, election day polling places, and absent voter ballot   drop box locations for every election in every local government in   this state;                (4)  contemporaneous maps or other documentation of the   configuration of precincts;                (5)  election day polling places, including, but not   limited to, lists of precincts assigned to each polling place, if   applicable;                (6)  adopted districting or redistricting plans for   every election in every local government in this state;                (7)  any other data that the director of the database   and institute considers necessary to maintain in furtherance of the   purposes of the database and institute.          (d)  Any maps, election day polling places, and absentee   voter ballot drop box locations must be made available in a   geospatial file format.          (e)  The database and institute shall prepare any estimates   made under this section by applying the most advanced,   peer-reviewed, and validated methodologies available for the   purposes of this subchapter.          (f)  All state agencies and local governments shall timely   provide the director of the database and institute with any   information requested by the director of the database and   institute.  No later than 90 days after an election, each local   government shall transmit to the database and institute copies of   all of the following:                (1)  election results at the precinct level;                (2)  contemporaneous voter registration lists;                (3)  state voter file;                (4)  maps, descriptions, and shapefiles for election   districts;                (5)  lists of election day polling places, shapefiles,   or descriptions of the precincts assigned to each election day   polling place; and                (6)  any other data as requested by the database and   institute.          (g)  At least annually or upon the request by the director of   the database and institute, any state entity identified by the   director of the database and institute as possessing data,   statistics or other information that the database and institute   requires to carry out its duties and responsibilities, shall   provide to the database and institute such data, statistics or   information.          (h)  Any aggrieved party pursuant to Subchapter I of this   act, the director of the database and institute, the attorney   general, or the TXVRA Commission may file an action to enforce   compliance with this section.  Such a claim may be filed pursuant to   the Texas Rules of Civil Practice and Procedure or in the Third   Judicial Circuit.          (i)  No later than 90 days following the end of each state   fiscal year, the database and institute shall publish a report on   the priorities and finances of the database and institute.          (j)  The database and institute shall provide nonpartisan   technical assistance to local governments, researchers, and   members of the public seeking to use the resources of the statewide   database.          (k)  There shall be a rebuttable presumption that the data,   estimates, or other information maintained by the database and   institute is valid.   SUBCHAPTER I.  VOTER EDUCATION FUND          Sec. 280.301.  VOTER EDUCATION FUND. (a) The TXVRA   commission shall create and administer a voter education fund under   this section.          (b)  The TXVRA shall expend money from the fund for one or   more of the following purposes:                (1)  cover the operational and administrative costs of   the commission;                (2)  developing and distributing educational materials   on voting rights and the voting process, including information on:                      (A)  voter registration;                      (B)  voting by mail; and                      (C)  polling place accessibility;                (3)  conducting public education campaigns to:                      (A)  inform voters about changes to voting laws,   election procedures, or polling locations; and                      (B)  counteract false or misleading information   about voting;                (4)  providing training and resources to local election   officials, poll workers, and volunteers on how to ensure fair and   equitable access to the ballot for all eligible voters;                (5)  establishing and maintaining voter hotlines,   online portals, or other mechanisms for:                      (A)  voters to report incidents of voter   intimidation, suppression, or discrimination; and                      (B)  an election official to respond to a report   made under Paragraph (A);                (6)  supporting voter outreach efforts targeted at   historically underrepresented communities, including, but not   limited to,:                      (A)  members of protected classes;                      (B)  low-income individuals;                      (C)  youth; and                      (D)  people with disabilities;                (7)  providing grants to community-based   organizations, civic groups, and civil rights organizations to   conduct voter education and mobilization activities (such as voter   registration drives, candidate forums, and get-out-the-vote   campaigns) or to engage in non-partisan advocacy, litigation, or   other legal actions to protect voting rights, challenge   discriminatory voting practices, or seek redress for victims of   voter suppression or intimidation;                (8)  partnering to develop and implement nonpartisan   curricula on civic engagement, voting, and the importance of   participating in the democratic process; and                (9)  funding research and evaluation projects to:                      (A)  assess the impact of voter education and   outreach efforts on voter participation and civic engagement; and                      (B)  identify best practices for improving access   to the ballot.   SUBCHAPTER J.  STANDING          (a)  An action to cure a violation of this title may be   brought by any individual or entity aggrieved by a violation of this   Act.          (b)  An entity aggrieved by a violation of this section   includes, but is not limited to, any entity (1) whose membership   includes individuals aggrieved by a violation of this section; or   (2) whose mission would be frustrated by a violation of this   section, including but not limited to an entity who would expend or   divert resources to fulfill its mission as a result of such   violation or who must expend greater resources or efforts to   advocate before an elected body that is less responsive to the   entity or its members due to the alleged violation.  An entity shall   not be compelled to disclose the identity of any specific member to   pursue a claim on behalf of its members.          (c)  In an action involving a districting plan, any   individual who resides in the defendant jurisdiction and is a   member of the affected protected class or classes, whether or not   they reside in any particular district, may challenge the   districting plan as a whole.          (d)  This section shall be construed liberally to confer   standing as broadly as the State Constitution permits.   SUBCHAPTER K.  SEVERABILITY          (a)  To the extent any provision of this Act, including any   legal standard or requirement, or any section, subsection,   paragraph, subparagraph, sentence, or other portion of this Act,   may be construed or applied in a manner that is unconstitutional or   otherwise invalid, such provision must always be construed or   applied in a constitutional and valid manner.          (b)  To the extent any provision of this Act is held invalid   for any reason, such invalidity must be construed as narrowly as   possible and must not affect other provisions or applications of   this Act that can be given effect without the invalid provision, and   to this end the provisions of this Act are severable.   SUBCHAPTER L.  REMEDIES          (a)  Whenever a court finds a violation by of any provision   of this act, such court shall order appropriate remedies,   notwithstanding any other law, that are tailored to address such   violation and to ensure protected class members have equitable   opportunities to fully participate in the political process and   that can be implemented in a manner that will not unduly disrupt the   administration of an ongoing or imminent election.  Appropriate   remedies may include, but need not be limited to:                (1)  a new or revised method of election;                (2)  new or revised districting or redistricting plans;                (3)  elimination of staggered elections so that all   members of the legislative body are elected at the same time;                (4)  reasonably increasing the size of the legislative   body;                (5)  additional voting days or hours;                (6)  additional polling places and/or early voting   sites;                (7)  additional opportunities to return ballots;                (8)  holding of special elections;                (9)  expanded opportunities for voter registration;                (10)  additional voter education;                (11)  the restoration or addition of individuals to   registry lists; or                (12)  retaining jurisdiction for such period of time as   the court may deem appropriate.          (b)  The court shall consider remedies proposed by any   parties to the action or by interested nonparties.  The court may   not give deference or priority to a proposed remedy because it is   proposed by the state or local government.          (c)  Notwithstanding the Texas Rules of Civil Procedure or   any other provision of Texas Statutes, the court shall grant a   temporary injunction and any other preliminary relief requested   under this section with respect to an upcoming election if the court   determines that the party is more likely than not to succeed on the   merits and it is possible to implement an appropriate temporary   remedy that would resolve the violation alleged under this section   before the election.          (d)  Any prevailing party in any action or proceeding brought   under this Act is entitled to reasonable attorneys' fees and costs,   including expert witness fees and other pre-litigation and   litigation expenses.          (e)  For the purpose of this Act, the term "prevailing party"   includes any plaintiff or prospective plaintiff:                (1)  who obtains some of their requested relief through   a judicial judgment in their favor;                (2)  who obtains some of their requested relief through   any settlement agreement approved by the court;                (3)  or whose pursuit of a non-frivolous claim or   notice of a claim following the procedure pursuant to Section   III(d) of this Act was a catalyst for a unilateral change in   position by the opposing party relative to the relief sought.          (f)  To the extent parties are unable to come to mutual   agreement, any party may file a motion or action for clarification   of rights.          (g)  Another method of election or changes to the existing   method of election that could be constitutionally adopted or   ordered under this section would likely mitigate the impairment.          SECTION 2.  This Act takes effect September 1, 2025.