HJR205 - Proposing a constitutional amendment establishing the Independent Citizen Redistricting Commission to redistrict the Texas Legislature, Texas congressional districts, and State Board of Education districts and revising procedures for redistricting.

  89R16151 MLH-F     By: Talarico H.J.R. No. 205       A JOINT RESOLUTION   proposing a constitutional amendment establishing the Independent   Citizen Redistricting Commission to redistrict the Texas   Legislature, Texas congressional districts, and State Board of   Education districts and revising procedures for redistricting.          BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article III, Texas Constitution, is amended by   adding Sections 28a, 28b, and 28c to read as follows:           Sec.   28a.     (a) In the year following a year in which the   United States decennial census is taken, the Independent Citizen   Redistricting Commission described by Section 28b of this article   shall adjust 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 in accordance with the standards and process provided   by Section 28b of this article.           (b)     Districts described by Subsection (a) of this section   must be single-member districts, each entitled to elect one member   of the United States House of Representatives, the Texas Senate,   the Texas House of Representatives, or the State Board of   Education, as applicable.           Sec. 28b.  (a) In this section:                 (1)     "Census year" means a calendar year in which the   United States decennial census is taken.                 (2)     "Commission" means the Independent Citizen   Redistricting Commission.                 (3)     "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.                 (4)     "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.                 (5)     "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.           (b)     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 districts described by Section 28a(a) of this   article in connection with the census taken that year.           (c)  The commission members shall:                 (1)     conduct an open and transparent process enabling   full public consideration of, and comment on, the drawing of   district lines;                 (2)     draw district lines according to the redistricting   criteria specified in this section; and                 (3)  conduct themselves with integrity and fairness.           (d)     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.           (e)  The commission consists of 14 members as follows:                 (1)  five majority party members, each of whom:                       (A)     voted in at least two of the five statewide   primary elections 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 five statewide   primary elections 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 of the five statewide   primary elections 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.           (f)     The term of office of each commission member expires at   the time the first commission member is appointed in the next census   year.           (g)     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 Subsection (e) of this section.           (h)     Each commission member shall apply this section and   Sections 28a and 28c of this article in a manner that is impartial   and that reinforces public confidence in the integrity of the   redistricting process.           (i)     A commission member is ineligible for a period of 10   years beginning on the date of appointment to hold a federal,   state, county, or municipal 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.           (j)     The commission shall establish districts described by   Section 28a(a) of this article through a mapping process using the   following criteria in the following order of priority:                 (1)     all districts must comply with the United States   Constitution;                 (2)     districts for the election of members of the   United States House of Representatives must achieve population   equality as nearly as is practicable;                 (3)     districts for the election of members of the Texas   Senate, the Texas House of Representatives, and the State Board of   Education must have reasonably equal population with other   districts for the same office except where deviation is required to   comply with the federal Voting Rights Act of 1965 (52 U.S.C. Section   10101 et seq.) or is allowable by law;                 (4)     all districts must comply with the federal Voting   Rights Act of 1965 (52 U.S.C. Section 10101 et seq.);                 (5)  all districts must be geographically contiguous;                 (6)     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 of this subsection; and                 (7)     to the extent practicable and to the extent that   compliance with this subdivision does not preclude compliance with   any of the preceding subdivisions of this subsection, districts   must be drawn to encourage geographical compactness so that nearby   areas of population are not bypassed for more distant population.           (k)     For purposes of Subsection (j)(6) of this section, 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.           (l)     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 the members of the United States   House of Representatives, the Texas Legislature, and the State   Board of Education when drawing districts.           (m)     Not later than September 15 of each year following a   census year, the commission shall approve final maps that   separately set 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.           (n)     The commission shall issue, with each of the four final   maps, a report that explains the basis on which the commission made   its decisions in achieving compliance with the criteria listed in   Subsection (j) of this section and shall include definitions of the   terms and standards used in drawing each final map.           (o)     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   b [Text truncated for display. Full text available on LegiScan.]