HB5258 - Relating to racial discrimination in voting.

      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 &#xA [Text truncated for display. Full text available on Congress.gov.]