HB5316 - 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.

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