87R5000 BEF-D     By: González of Dallas H.B. No. 3112       A BILL TO BE ENTITLED   AN ACT   relating to procedures for public involvement in redistricting of   state legislative districts and congressional districts.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 3, Government Code, is amended by adding   Subtitle D to read as follows:   SUBTITLE D.  REDISTRICTING   CHAPTER 331.  PUBLIC INVOLVEMENT   SUBCHAPTER A.  GENERAL PROVISIONS          Sec. 331.001.  DEFINITIONS. In this chapter:                (1)  "Council" means the Texas Legislative Council.                (2)  "Redistricting plan" means a bill that establishes   or modifies the boundaries of districts for the election of members   of the Texas Senate, the Texas House of Representatives, or the   United States House of Representatives who are elected from this   state.  The term includes a substitute for or other amendment to a   bill.                (3)  "Website" means an Internet website established   under Subchapter B.   SUBCHAPTER B.  REDISTRICTING WEBSITE          Sec. 331.051.  ESTABLISHMENT OF WEBSITE.  (a) As soon as   practicable after a federal decennial census is taken but not later   than February 1 of the year following the year in which that census   is taken, the council shall establish an Internet website that   provides the public with information about the legislature's   redistricting activities based on that census.          (b)  The website must be limited to the subject of   redistricting.          Sec. 331.052.  CONTENT OF WEBSITE. (a)  The council shall:                (1)  continuously update the website to provide advance   notice of public hearings, committee meetings, and legislative   debates on redistricting plans;                (2)  provide on the website the most recent available   information regarding voting age population, voter registration,   and election returns for election precincts and census tracts in   this state, including detailed maps depicting that information;                (3)  allow individuals to submit through the website   comments on any redistricting plan being considered by the   legislature and questions, comments, and other information   regarding the legislature's redistricting activities; and                (4)  include on the website any other information   required under this chapter.          (b)  Except as provided by Subsection (c), the council shall   ensure that any comment submitted to the website by a member of the   public regarding a redistricting plan or otherwise related to   redistricting is publicly available on the website not later than   72 hours after submission.          (c)  The council may exclude from the website obscene,   threatening, harassing, or similarly offensive comments and   comments unrelated to redistricting. The council shall provide   copies of those comments to adult members of the public on request.          Sec. 331.053.  DURATION OF WEBSITE.  The council shall   ensure that the information required to be included on the website   relating to the legislature's redistricting activities based on a   federal decennial census remains accessible to the public on that   website until the website relating to the legislature's   redistricting activities based on the next federal decennial census   is established.   SUBCHAPTER C.  REQUIREMENTS FOR LEGISLATIVE COMMITTEES   CONSIDERING REDISTRICTING LEGISLATION          Sec. 331.101.  REDISTRICTING CRITERIA AND PROCEDURES.     Before considering any redistricting plan, the standing committees   of the senate and the house of representatives with primary   jurisdiction over redistricting shall solicit input from members of   the public regarding the legislature's criteria and procedures for   considering redistricting plans by:                (1)  holding the public hearings required by Section   331.102; and                (2)  posting those criteria and procedures on the   website.          Sec. 331.102.  COMMITTEE HEARINGS ON REDISTRICTING CRITERIA   AND PROCEDURES. (a)  Before considering a redistricting plan, the   standing committees of the senate and the house of representatives   with primary jurisdiction over redistricting shall each hold at   least 10 public hearings to consider redistricting criteria and   procedures during the year before the final data from a federal   decennial census is published and at least five public hearings to   consider those criteria and procedures after that data is   published. The committees may hold the hearings jointly or   separately.          (b)  The committees shall hold each hearing in a different   congressional district in this state, including one hearing in the   congressional district with the greatest change in population since   the previous congressional apportionment. The committees shall   consider holding other hearings in congressional districts that   have experienced large changes in population.          (c)  The committees shall provide public notice at least   seven days before each hearing. The notice must include the time   and location of the hearing and notice that members of the public   may provide comments on the criteria and procedures the committees   will use to consider redistricting plans and on other issues   related to redistricting.          (d)  The committees shall allow individuals at remote   locations throughout the state to view and provide public testimony   at the hearings by videoconference.          (e)  A committee shall post on the website a transcript of or   link to a video recording of each hearing not later than the seventh   day after conclusion of the hearing.          Sec. 331.103.  REDISTRICTING PLAN PROPOSED BY COMMITTEE.     (a) A committee of the senate shall post the information required   by this section at least 72 hours before reporting from the   committee a redistricting plan originating in the senate. A   committee of the house of representatives shall post the   information required by this section at least 72 hours before   reporting from the committee a redistricting plan originating in   the house.          (b)  A committee shall post on the website:                (1)  a map showing each district in the redistricting   plan reported from the committee;                (2)  the total population and voting age population of   each district in the redistricting plan reported from the   committee, including a breakdown of those populations by race and   by membership in language minority groups;                (3)  all data and other factual information, in written   or electronic form, in the possession of a member, delegation, or   caucus of the legislature that is:                      (A)  relevant to the redistricting plan reported   from the committee or another version of that plan; and                      (B)  in any way descriptive of a population   residing in a geographic area included in the plan;                (4)  all factual information relevant to the   redistricting plan reported from the committee or another version   of that plan that is known by or obtained from a consulting expert,   attorney, or representative of an attorney, including any facts   determined through an analysis or test performed by a consulting   expert or attorney, but not including information that is   exclusively the mental impression, opinion, conclusion, or legal   theory of a consulting expert or attorney;                (5)  all opinions, mental impressions, and conclusions   of an attorney or consulting expert retained by a member,   delegation, or caucus of the legislature that:                      (A)  are relevant to the redistricting plan   reported from the committee or another version of that plan; and                      (B)  have been disclosed to:                            (i)  an employee of the legislature, other   than an employee of a person who retained the attorney or consulting   expert; or                            (ii)  a member of the legislature who did not   retain the attorney or consulting expert or who is not a member of   the delegation or caucus that retained the attorney or consulting   expert;                (6)  a statement explaining the committee's reasons for   proposing adoption of the redistricting plan reported from the   committee and reasons why the proposed adoption will best serve the   public interest;                (7)  any dissenting statement provided by a member of   the committee who does not approve the redistricting plan reported   from the committee; and                (8)  notice that members of the public may submit   comments regarding the redistricting plan reported from the   committee through the website, at a public hearing, or by any other   available means.          (c)  A committee shall post on the website a machine-readable   file containing the information described by Subsections (b)(1) and   (2).          (d)  Any information required to be posted under Subsection   (b) that originates in an electronic form, including a shapefile or   equivalency file, must be posted in:                (1)  the original electronic form; and                (2)  a form that is reasonably usable by and accessible   to the general public.          (e)  A new or amended version of a redistricting plan is   subject to the requirements of Subsection (a), regardless of   whether the committee complied with those requirements with respect   to an earlier version of the plan, unless the committee determines   that compliance with those requirements is likely to prevent   adoption of the plan before the end of the legislative session.          Sec. 331.104.  HEARINGS ON PLANS PROPOSED BY COMMITTEE. (a)   A committee of the senate shall hold at least two public hearings on   a redistricting plan after an affirmative vote to report the   redistricting plan from the committee and before the redistricting   plan is considered by the full senate.          (b)  A committee of the house of representatives shall hold   at least two public hearings on a redistricting plan after an   affirmative vote to report the redistricting plan from the   committee and before the redistricting plan is considered by the   full house.          (c)  Except as otherwise provided by this subsection, a   committee shall hold each hearing in a different congressional   district in this state, including one hearing in the congressional   district with the greatest change in population since the previous   decennial congressional apportionment. If the committee is unable   to hold hearings throughout the state, the committee shall allow   public participation in the hearings from various congressional   districts throughout this state by videoconference.          (d)  A committee shall provide public notice at least 72   hours before each hearing. The notice must include the time and   location of the hearing, notice that members of the public may   attend the hearing and provide comments on the redistricting plan,   and notice that members of the committee will be available at the   hearing to explain the reasons why adoption of the plan will best   serve the public interest.          (e)  A committee shall allow individuals at remote locations   throughout the state to view and provide public testimony at the   hearings by videoconference.          (f)  A committee shall post on the website a transcript of or   link to a video recording of each hearing not later than 48 hours   after conclusion of the hearing.   SUBCHAPTER D.  REDISTRICTING PLAN ENACTED BY LEGISLATURE          Sec. 331.151.  INFORMATION REGARDING ENACTED REDISTRICTING   PLAN.  Not later than the seventh day after the day the legislature   passes a bill enacting a redistricting plan, the council shall post   on the website and, if practicable, publish in newspapers of   general circulation throughout the state:                (1)  a map showing each district in the plan;                (2)  for each district in the plan:                      (A)  the total population and voting age   population of the district, including a breakdown of those   populations by race and by membership in language minority groups;   and                      (B)  the number of registered voters in the   district including, to the extent available, a breakdown of that   number by political party affiliation, race, and membership in   language minority groups;                (3)  statements by the president of the senate and the   speaker of the house of representatives explaining the   legislature's reasons for adopting the plan and reasons why   adoption of the plan will best serve the public interest; and                (4)  any dissenting statement provided by a member of   the legislature who did not approve the plan.          SECTION 2.  Chapter 331, Government Code, as added by this   Act, applies only to a regular or special session of the legislature   that begins on or after the effective date of this Act.          SECTION 3.  This Act takes effect September 1, 2021.