85R2552 JRJ-D     By: Howard H.B. No. 369       A BILL TO BE ENTITLED   AN ACT   relating to the reapportionment of state legislative,   congressional, and judicial districts and the creation, function,   and duties of the Texas 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. TEXAS REDISTRICTING COMMISSION          Sec. 307.001.  DEFINITIONS.  In this chapter:                (1)  "Commission" means the Texas Redistricting   Commission established by Section 28a, Article III, Texas   Constitution.                (2)  "Plan" means a redistricting plan for the Texas   Senate, Texas House of Representatives, or Texas congressional   districts adopted as provided by Section 28a, Article III, Texas   Constitution, and this chapter.          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 Section 28a, Article   III, Texas Constitution.          Sec. 307.004.  PROHIBITED ACTIVITIES.  A member of the   commission may not:                (1)  campaign for elective office while a member of the   commission;                (2)  actively participate in or contribute to the   political campaign of a candidate for a state or federal elective   office while a member of the commission;                (3)  serve as or be a candidate to be a member of the   Texas Legislature before the third anniversary of the date the   commission adopted a redistricting plan for that body during the   member's service on the commission; or                (4)  perform an activity for which a person is required   to register under Section 305.003.          Sec. 307.005.  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 reapportionment   duties.          (c)  The Texas Legislative Council, under the direction of   the commission, shall provide the technical staff and clerical   services that the commission needs to prepare its plans.          Sec. 307.006.  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 data and maps from the United States Census Bureau pursuant   to the federal decennial census.          Sec. 307.007.  REDISTRICTING PLAN; FORM.  (a) For each plan   or modification of a plan adopted by the commission, the commission   shall prepare and publish a report that includes:                (1)  for each district in the plan, the total   population and the percentage deviation from the average district   population;                (2)  an explanation of the criteria used in developing   the 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.          (b)  The commission shall make a copy of a report prepared   under this section available to the public.          Sec. 307.008.  REDISTRICTING PLAN STANDARDS.  (a)  A plan   adopted by the commission must conform to the standards provided by   Sections 25, 26, and 28a, Article III, Texas Constitution.          (b)  In developing a 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; and                (4)  data concerning party affiliation or voting   history, except as necessary to comply with federal law.          Sec. 307.009.  HEARINGS.  (a)  After proposing an initial   plan or subsequent modification for each body for which the   commission is required to adopt a plan, the commission shall hold   public hearings in not fewer than four different geographic regions   to consider each plan or modification.          (b)  The commission shall provide public notice of a hearing   not less than 14 days before the date of the hearing.          (c)  After reviewing all information received at each   hearing, the commission shall make all necessary revisions of the   initial plan or modification before final adoption of a plan or   modification of a plan.          Sec. 307.010.  DISCLOSURE OF DATA REQUIRED.  The commission   shall make all plans submitted to the commission, including the   commission's initial plans and all subsequent modifications,   hearing transcripts, minutes of meetings, maps, narrative   descriptions of proposed districts, and other data used by the   commission available to the public through the use of an Internet   website and other appropriate means.          Sec. 307.011.  SUBMISSION OF PLAN.  On adoption of a plan or   modification of a plan by the commission, the commission shall   submit the plan or modification to the governor, the secretary of   state, and the presiding officer of each house of the legislature.          Sec. 307.012.  CESSATION OF OPERATIONS.  (a) Following the   initial adoption of all plans that the commission is required to   adopt, the commission shall take all necessary steps to conclude   its business and suspend operations until the commission reconvenes   as provided by Section 28a, Article III, or Section 7a, Article V,   Texas Constitution, if it does reconvene.          (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)  After the commission suspends operations, the secretary   of state becomes the custodian of its official records for purposes   of election administration. Any unexpended money from an   appropriation to the commission reverts to the general revenue   fund.          Sec. 307.013.  CHALLENGES TO PLAN.  After a plan or   modification of a plan is adopted by the commission, any person   aggrieved by the plan may file a petition with the supreme court   challenging the plan.          Sec. 307.014.  RECONVENING 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, unless the   commission is already reconvened, the commission shall reconvene 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 take all necessary steps   to conclude its business and suspend operations in accordance with   Section 307.012. The commission shall suspend operations after the   90th day after the September 1 on which the commission's authority   to adopt a reapportionment plan for the judicial districts begins,   unless the supreme court grants the commission additional time to   conduct its activities.          SECTION 2.  Section 24.945(e), Government Code, is amended   to read as follows:          (e)  The legislature, the Judicial Districts Board, or the   Texas [Legislative] Redistricting Commission [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 Texas   [Legislative] Redistricting Commission [Board] in anticipation of   a future action by the voters of any county.          SECTION 3.  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 Texas [Legislative] Redistricting Commission [Board]   established by Article III, Section 28a [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 4.  Section 2058.002(a), Government Code, is amended   to read as follows:          (a)  The legislature or the Texas [Legislative]   Redistricting Commission [Board] under Article III, Section 28a   [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 5.  This Act takes effect January 1, 2021, but only   if the constitutional amendment proposed by the 85th Legislature,   Regular Session, 2017, establishing the Texas Redistricting   Commission to redistrict the Texas Legislature and Texas   congressional districts and revising procedures for redistricting   is approved by the voters. If that proposed constitutional   amendment is not approved by the voters, this Act has no effect.