89R16153 MLH-F     By: Talarico H.B. No. 5316       A BILL TO BE ENTITLED   AN ACT   relating to the Independent Citizen Redistricting Commission and   the redistricting of the districts used to elect members of the   United States House of Representatives, the Texas Legislature, and   the State Board of Education.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Title 5, Government Code, is   amended to read as follows:   TITLE 5. OPEN GOVERNMENT; ETHICS; REDISTRICTING          SECTION 2.  Title 5, Government Code, is amended by adding   Subtitle C to read as follows:   SUBTITLE C. REDISTRICTING   CHAPTER 581. INDEPENDENT CITIZEN REDISTRICTING COMMISSION   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 581.001.  DEFINITIONS. In this chapter:                (1)  "Census year" means a calendar year in which the   United States decennial census is taken.                (2)  "Commission" means the Independent Citizen   Redistricting Commission established by Section 28b, Article III,   Texas Constitution.                (3)  "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.                (4)  "Majority party" means, with respect to a   commission member, the political party with the most total votes   cast in the four statewide primary elections preceding the member's   appointment.                (5)  "Minority party" means, with respect to a   commission member, the political party with the second highest   number of total votes cast in the four statewide primary elections   preceding the member's appointment.                (6)  "Statewide primary election" means an election   held by a political party to select its nominee for governor or for   president of the United States. The term does not include a runoff   primary election.          Sec. 581.002.  REDISTRICTING AUTHORITY.  The Independent   Citizen Redistricting Commission exercises the legislative   authority of this state to adopt redistricting plans establishing   or modifying district boundaries for the election of the members of   the United States House of Representatives elected from this state,   the members of the Texas Senate, the members of the Texas House of   Representatives, and the members of the State Board of Education. A   plan for those district boundaries may be established or modified   only by the commission as provided by this chapter.   SUBCHAPTER B. MEMBERSHIP; POWERS AND DUTIES          Sec. 581.051.  COMMISSION.  (a)  Not later than December 31   of each census year, the members of the Independent Citizen   Redistricting Commission shall be appointed and the commission   shall commence the redistricting process for the election of the   members of the United States House of Representatives elected from   this state, the members of the Texas Senate, the members of the   Texas House of Representatives, and the members of the State Board   of Education in connection with the census taken that year.          (b)  The commission members shall:                (1)  conduct an open and transparent process enabling   full public consideration of, and comment on, the drawing of   district boundaries;                (2)  draw district boundaries according to the   redistricting criteria specified in this chapter; and                (3)  conduct themselves with integrity and fairness.          (c)  The selection process for commission members is   designed to produce a commission that is independent from   legislative influence and reasonably representative of this   state's diversity.          (d)  The commission consists of 14 members as follows:                (1)  five majority party members, each of whom:                      (A)  voted in at least two of the statewide   primary elections in the five years preceding the member's   appointment held by the majority party;                      (B)  did not vote in any of the four statewide   primary elections preceding the member's appointment held by a   political party other than the majority party; and                      (C)  voted in at least two of the three general   elections preceding the member's appointment in which the office of   governor or president of the United States appeared on the ballot;                (2)  five minority party members who:                      (A)  voted in at least two of the statewide   primary elections in the five years preceding the member's   appointment held by the minority party;                      (B)  did not vote in any of the four statewide   primary elections preceding the member's appointment held by a   political party other than the minority party; and                      (C)  voted in at least two of the three general   elections preceding the member's appointment in which the office of   governor or president of the United States appeared on the ballot;   and                (3)  four independent members who:                      (A)  did not vote in any statewide primary   elections in the five years preceding the member's appointment; and                      (B)  voted in at least two of the three general   elections preceding the member's appointment in which the office of   governor or president of the United States appeared on the ballot.          Sec. 581.052.  TERM OF OFFICE.  The term of office of each   commission member expires at the time the first commission member   is appointed in the next census year.          Sec. 581.053.  QUORUM AND VOTING.  Nine commission members   constitute a quorum. The affirmative vote of at least nine   commission members is required for any official commission action.   Each final redistricting map must be approved by the affirmative   vote of at least nine commission members, including at least three   majority party members, at least three minority party members, and   at least three independent members, as provided by Section   581.051(d).          Sec. 581.054.  PROHIBITED ACTIVITIES.  A commission member   is ineligible for a period of 10 years beginning on the date of   appointment to hold a federal, state, or county office elected from   this state. A commission member is ineligible for a period of five   years beginning on the date of appointment to:                (1)  hold an appointed federal office representing this   state;                (2)  hold an appointed state or local office in this   state;                (3)  serve as a paid employee of or as a paid consultant   to:                      (A)  a member of the United States Congress   elected from this state;                      (B)  the legislature; or                      (C)  a member of the legislature; or                (4)  register as a lobbyist in this state.          Sec. 581.055.  APPLICATIONS. (a) Not later than January 1   of each 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. 581.056.  APPLICANT REVIEW PANEL. (a) The state   auditor shall establish an applicant review panel consisting of   three interested citizens to screen applicants. The state auditor   shall randomly draw the names of three interested citizens from a   pool consisting of all citizens who have applied under procedures   established by the state auditor to serve on the applicant review   panel. The state auditor shall draw until the names of three   interested citizens have been drawn, including:                (1)  one who would qualify as a majority party member of   the commission under Section 581.051(d)(1);                (2)  one who would qualify as a minority party member of   the commission under Section 581.051(d)(2); and                (3)  one who would qualify as an independent member of   the commission under Section 581.051(d)(3).          (b)  After the drawing under Subsection (a), the state   auditor shall notify the three citizens whose names have been drawn   that they have been selected to serve on the panel. If any of the   three citizens decline to serve on the panel, the state auditor   shall resume the random drawing until three citizens who meet the   requirements of Subsection (a) have agreed to serve on the panel.          (c)  An individual may not serve on the panel if the   individual has a conflict of interest described by Section 581.057.          Sec. 581.057.  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 the United   States Congress; or                      (F)  contributed at least $2,000 or the amount   provided by Subsection (b) to any congressional or state 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 the United States   Congress.          (b)  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. 581.058.  SELECTION OF APPLICANT SUBPOOLS. (a) After   removing individuals with conflicts of interest from the applicant   pool under Section 581.057, the state auditor shall, not later than   August 1 of each census year, publicize the names of individuals in   the applicant pool.          (b)  From the applicant pool described by Subsection (a), the   applicant review panel shall select:                (1)  a majority subpool consisting of 20 of the most   qualified applicants who would qualify as majority party members   under Section 581.051(d)(1);                (2)  a minority subpool consisting of 20 of the most   qualified applicants who would qualify as minority party members   under Section 581.051(d)(2); and                (3)  an independent subpool consisting of 20 of the   most qualified applicants who would qualify as independent members   under Section 581.051(d)(3).          (c)  The applicant review panel 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)  Not later than October 1 of each census year, the   applicant review panel shall present the members of the applicant   subpools to the caucus leaders of the majority party and minority   party of each house of the legislature as described by Section   581.059.          (e)  Before presenting the applicant subpools as provided by   Subsection (d), a member of the applicant review panel may not   communicate with:                (1)  a member, or a representative of a member, of the   United States Congress, the Texas Legislature, or the State Board   of Education about any matter related to the selection process; or                (2)  a member of the applicant pool.          Sec. 581.059.  STRIKES BY CAUCUS LEADERS. (a) Not later   than November 15 of each census year, the caucus leaders of the   majority party and minority party of each house of the legislature   may each strike up to two applicants from each applicant subpool   under Section 581.058(b), for a total of eight possible strikes per   applicant subpool.          (b)  After all strikes have been made as provided by   Subsection (a), the caucus leaders shall present the remaining   members of each applicant subpool to the state auditor.          Sec. 581.060.  DRAWING TO SELECT FIRST EIGHT COMMISSION   MEMBERS. Not later than November 20 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 who   were not struck under Section 581.059;                (2)  three applicants from the minority subpool who   were not struck under Section 581.059; and                (3)  two applicants from the independent subpool who   were not struck under Section 581.059.          Sec. 581.061.  APPOINTMENT OF SECOND SIX COMMISSION MEMBERS.   (a) Not later than December 31 of each census year, the eight   commission members selected under Section 581.060 shall review the   remaining names in each applicant subpool and appoint to the   commission:                (1)  two remaining applicants from the majority subpool   who were not struck under Section 581.059;                (2)  two remaining applicants from the minority subpool   who were not struck under Section 581.059; and                (3)  two remaining applicants from the independent   subpool who were not struck under Section 581.059.          (b)  An appointment under Subsection (a) must be approved by   at least five affirmative votes of commission members selected   under Section 581.060, 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 by a   vote of at least two-thirds of its members 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 581.051(d).          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   shall be filled, not later than the 30th day after the date the   vacancy occurs, by appointment by the commission of a remaining   applicant who was not struck under Section 581.059 from the same   applicant subpool as the vacating member.          (b)  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 and an   applicant review panel shall solicit and select an appropriate   number of new applicants for the applicable subpool using, to the   extent practicable, the procedures provided by Sections 581.055,   581.056, 581.057, and 581.058(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.          Sec. 581.104.  BUDGET.  The legislature may appropriate to   the state auditor, the secretary of state, and the commission   amounts sufficient to implement the redistricting process required   by this chapter.   SUBCHAPTER D. COMMISSION POWERS AND DUTIES          Sec. 581.151.  REDISTRICTING PLAN; STANDARDS. (a) The   commission shall establish districts described by Section 581.002   through a mapping process using the following criteria in the   following order of priority:                (1)  districts must comply with the United States   Constitution;                (2)  districts must achieve population equality as   nearly as is practicable;                (3)  districts must comply with the federal Voting   Rights Act of 1965 (52 U.S.C. Section 10101 et seq.);                (4)  districts must be geographically contiguous;                (5)  the geographic integrity of each municipality,   county, local neighborhood, and local community of interest must be   respected in a manner that minimizes its division to the extent   possible without violating the requirements of any of the preceding   subdivisions; and                (6)  to the extent practicable and to the extent that   compliance with this subdivision does not preclude compliance with   any of the preceding subdivisions, districts must be drawn to   encourage geographical compactness so that nearby areas of   population are not bypassed for more distant areas of population.          (b)  For purposes of Subsection (a)(5), a community of   interest is a contiguous population that shares common social and   economic interests that should be included within a single district   for purposes of that population's effective and fair   representation.  Communities of interest may not be determined   based on relationships with political parties, incumbents, or   political candidates.          (c)  The place of residence of any incumbent or political   candidate may not be considered in the creation of a map. Districts   may not be drawn for the purpose of favoring or discriminating   against an incumbent, political candidate, or political party.  The   commission may not consider existing or previously used boundary   lines for districts used to elect members of the United States House   of Representatives, Texas Legislature, or State Board of Education   when drawing districts.          (d)  Not later than September 15 of each year following a   census year, the commission shall approve a final map that sets   forth the boundary lines of the districts for the election of the   members of the United States House of Representatives elected from   this state, the members of the Texas Senate, the members of the   Texas House of Representatives, and the members of the State Board   of Education.  On approval, the commission shall certify each final   map to the secretary of state.          (e)  The commission shall issue, with the final map, a report   that explains the basis on which the commission made its decisions   in achieving compliance with the criteria listed in Subsection (a)   and shall include definitions of the terms and standards used in   drawing the final map.          (f)  If the commission fails to approve a final map with the   vote and by the date required by this section, the secretary of   state shall immediately petition the Texas Supreme Court for an   order directing the appointment of special masters to adjust the   boundary lines of the districts required to be included in that map   in accordance with the redistricting criteria and requirements   provided by Subsections (a), (b), and (c). On approval of the   special masters' map, the Texas Supreme Court shall certify the map   to the secretary of state and the map constitutes the certified   final map for the districts included in the map.          (g)  The boundary lines of the districts contained in a   certified final map apply beginning with the next statewide general   election and any corresponding primary elections.          Sec. 581.152.  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 secretary of state's Internet website 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   September of a year following a census year.          (c)  Except in a closed meeting authorized by Subchapter D,   Chapter 551, a member or employee of the commission may not   communicate with or knowingly receive communications about a   redistricting matter from anyone outside of an open meeting.          Sec. 581.153.  PUBLIC INFORMATION. (a) The commission is a   governmental body for purposes of Chapter 552.          (b)  The commission shall post information relating to   redistricting and all data considered by the commission in a manner   that ensures immediate and widespread public access.          Sec. 581.154.  EMPLOYEES AND CONTRACTORS. (a) The   commission may hire employees and hire or contract with legal   counsel and consultants as needed in the manner provided by this   section.          (b)  The commission must make hiring, removal, or   contracting decisions for employees, legal counsel, and   consultants by the affirmative vote of at least nine members,   including at least three majority party members, at least three   minority party members, and at least three independent members as   described by Section 581.051(d).          (c)  The commission shall ensure that at least one of the   legal counsel hired by the commission has demonstrated extensive   experience and expertise in implementing and enforcing the federal   Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).          (d)  The commission shall establish for individuals   described by Subsection (a):                (1)  clear criteria for hiring and removal;                (2)  communication protocols; and                (3)  a code of conduct.          (e)  To the extent practicable, the commission shall avoid   selecting employees, legal counsel, or consultants who would be   disqualified from commission membership because of a conflict of   interest described by Section 581.057(a).          Sec. 581.155.  PUBLIC OUTREACH. (a) The commission shall   establish and implement an open hearing process for public input   and deliberation that is subject to public notice and promoted   through a thorough outreach program to solicit broad public   participation in the redistricting public review process.          (b)  The hearing process must include hearings to receive   public input before the commission draws any maps and hearings   following the drawing and display of any commission maps. In   addition, the commission shall supplement hearings with other   appropriate activities to further increase opportunities for the   public to observe and participate in the review process.          (c)  The commission shall hold a public hearing in each   proposed congressional district and display maps for public comment   in a manner designed to achieve the widest public access reasonably   possible.          (d)  The commission shall publicly display a preliminary map   for each district for any office and shall accept public comment for   at least 14 days after the date the preliminary map is first   publicly displayed.  The commission may not display any other maps   for public comment during that 14-day period.          (e)  The commission shall review all public comment and other   testimony received at each hearing and make any necessary revisions   before approving a final map.          (f)  The commission shall make an audiovisual recording of   each hearing conducted under this section and ensure the recording   is made publicly available on the legislature's Internet website   not later than 48 hours after the hearing concludes.          Sec. 581.156.  LEGAL CHALLENGE.  (a) The commission has sole   standing to defend a legal challenge to a final map certified under   Section 581.151 before a court other than the Texas Supreme Court or   a Texas court of appeals. The legislature may provide adequate   funding and other resources to the commission to defend a certified   final map. The attorney general shall, at the commission's request,   represent the commission in defense of a certified final map. The   commission may, in its sole discretion, retain legal counsel other   than the attorney general to represent the commission in defense of   a certified final map before a court other than the Texas Supreme   Court or a Texas court of appeals.          (b)  Any registered voter in this state may file a petition   for a writ of mandamus or writ of prohibition, not later than the   45th day after a final map is certified to the secretary of state,   to bar the secretary of state from implementing the map on the   grounds that the map violates the Texas Constitution, the United   States Constitution, or any federal or state statute.          (c)  If the court determines that a final certified map   violates the Texas Constitution, the United States Constitution, or   any federal or state statute, the court shall fashion the relief   that the court deems appropriate, including the relief described by   Section 581.151(f).   SUBCHAPTER E. ADMINISTRATIVE SUPPORT AND OTHER RESOURCES          Sec. 581.201.  ADMINISTRATIVE SUPPORT BY SECRETARY OF STATE.   Following the appointment of new commission members in each census   year, the secretary of state shall provide administrative support   to the commission until the commission's staff and office are fully   functional.          Sec. 581.202.  PER DIEM AND EXPENSES. (a) A commission   member is entitled to a per diem of $300 or the amount provided by   Subsection (b) for each day the member is engaged in commission   business.          (b)  On January 1 of each census year the per diem amount   prescribed by Subsection (a) is increased or decreased by an amount   equal to the amount prescribed by that subsection 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.          (c)  A commission member is eligible for reimbursement of   expenses incurred in connection with the member's performance of   duties under this chapter.          (d)  For purposes of calculating expense reimbursement, a   member's residence is considered to be the member's place of   employment.          SECTION 3.  Section 2058.002(a), Government Code, is amended   to read as follows:          (a)  The legislature or the Independent Citizen    [Legislative] Redistricting Commission [Board under Article 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 4.  Chapter 581, Government Code, as added by this   Act, applies only in relation to a United States decennial census   taken on or after January 1, 2030.  The establishment or   modification of district boundaries in connection with a United   States decennial census taken before that date, including any legal   challenge, is governed by the law in effect immediately before the   effective date of this Act, and the former law is continued in   effect for that purpose.          SECTION 5.  This Act takes effect September 1, 2029, but only   if the constitutional amendment proposed by the 89th Legislature,   Regular Session, 2025, to establish the Independent Citizen   Redistricting Commission to redistrict the Texas Legislature,   Texas congressional districts, and State Board of Education   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.