HJR 33

89S20498 JRJ-D
		By: Dutton
  H.J.R. No. 33
  A JOINT RESOLUTION
  proposing a constitutional amendment establishing the Texas
  Redistricting Commission to redistrict Texas congressional
  districts and revising procedures for redistricting.
         BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 28, Article III, Texas Constitution, is
  amended to read as follows:
         Sec. 28.  The Legislature shall, at its first regular
  session after the publication of each United States decennial
  census, apportion the state into senatorial and representative
  districts, agreeable to the provisions of Sections 25 and 26 of this
  Article.  In the event the Legislature shall at any such first
  regular session following the publication of a United States
  decennial census, fail to make such apportionment, same shall be
  done by the Texas [Legislative] Redistricting Commission
  established by Section 28b of this article [Board of Texas, which is
  hereby created, and shall be composed of five (5) members, as
  follows:  The Lieutenant Governor, the Speaker of the House of
  Representatives, the Attorney General, the Comptroller of Public
  Accounts and the Commissioner of the General Land Office, a
  majority of whom shall constitute a quorum].  The Texas
  Redistricting Commission [Said Board] shall assemble in the City of
  Austin within 90 [ninety (90)] days after the final adjournment of
  such regular session.  The commission [Board] shall, within 60
  [sixty (60)] days after assembling for the purposes of this
  section, apportion the state into senatorial and representative
  districts, or into senatorial or representative districts, as the
  failure of action of such Legislature may make necessary.  Such
  apportionment shall be in writing and signed by eight [three (3)] or
  more of the members of the commission [Board] duly acknowledged as
  the act and deed of the commission [such Board], and, when so
  executed and filed with the Secretary of State, shall have force and
  effect of law.  Such apportionment shall become effective at the
  next succeeding statewide general election.  The Supreme Court of
  Texas shall have jurisdiction to compel the commission [such Board]
  to perform its duties in accordance with the provisions of this
  section by writ of mandamus or other extraordinary writs
  conformable to the usages of law.  The Legislature shall provide
  necessary funds for clerical and technical aid and for other
  expenses incidental to the work of the commission for the purposes
  of this section [Board], and the Lieutenant Governor and the
  Speaker of the House of Representatives shall be entitled to
  receive per diem and travel expense during the commission's
  [Board's] session in the same manner and amount as they would
  receive while attending a special session of the Legislature.
         SECTION 2.  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 Texas 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 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.
         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 Texas 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 Texas 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 three of the four 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 each of the four 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 three of the four 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 each of the four 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 four statewide
  primary elections preceding the member's appointment; and
                     (B)  voted in each of the four 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)  all districts must comply with the federal Voting
  Rights Act (52 U.S.C. Sec. 10101 et seq.);
               (4)  all 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 of this subsection; 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 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)(5) 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. Examples of shared social and economic
  interests are those interests common to an urban area, a rural area,
  an industrial area, or an agricultural area and those interests
  common to areas in which the people share similar living standards,
  use the same transportation facilities, have similar work
  opportunities, or have access to the same media of communication
  relevant to the election process. 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.
         (m)  To the extent practicable, districts should be numbered
  based on geography. Districts bordering Arkansas should be assigned
  the lowest district numbers, with districts to the west and south
  assigned progressively higher district numbers.
         (n)  Not later than August 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. On approval, the commission shall certify the final map
  to the secretary of state.
         (o)  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 (j)
  of this section and shall include definitions of the terms and
  standards used in drawing the final map.
         (p)  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 (j), (k), (l), and (m) of this section. 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.
         (q)  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.
         (r)  The legislature shall appropriate to the state auditor
  and the commission amounts sufficient to implement the
  redistricting process required by this section, Sections 28a and
  28c of this article, and general law. The amounts appropriated must
  provide adequate funding for a statewide outreach program to
  solicit broad public participation in the redistricting process,
  including the solicitation of applicants for commission
  membership, and provide adequate funding for office and meeting
  space for the commission's operations. 
         (s)  Consistent with this section and Sections 28a and 28c of
  this article, the legislature by general law shall provide
  procedures for selecting the members of the commission and may
  provide provisions governing the powers, duties, and operations of
  the commission. After enactment, the legislature may not
  subsequently amend that general law unless:
               (1)  by the same vote required for the adoption of a
  final map, the commission recommends amendment of that general law
  to carry out the purpose and intent of this section and Sections 28a
  and 28c of this article;
               (2)  the bill to enact the amendment is approved by a
  vote of at least two-thirds of all the members elected to each house
  of the legislature and becomes law in a manner described by Section
  14, Article IV, of this constitution;
               (3)  the bill to enact the amendment is printed and
  distributed in each house of the legislature at least 12 days before
  final passage by the legislature;
               (4)  the amendment furthers the purposes of this
  section and Sections 28a and 28c of this article; and
               (5)  the amendment is passed by the legislature in a
  year not ending in the numeral 9, 0, or 1.
         Sec. 28c.  (a)  The Texas Redistricting Commission has sole
  standing to defend a legal challenge to a final map certified under
  Section 28b of this article. The legislature shall 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.
         (b)  The Texas Supreme Court has original and exclusive
  jurisdiction in all proceedings in which a certified final map is
  challenged or is claimed not to have taken timely effect.
         (c)  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 this constitution, the United States
  Constitution, or any federal or state statute. 
         (d)  The Texas Supreme Court shall give priority to ruling on
  a petition for a writ of mandamus or a writ of prohibition filed
  under Subsection (c) of this section. If the supreme court
  determines that a final certified map violates this 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 28b(p) of
  this article.
         SECTION 3.  Sections 7a(e) and (i), Article V, Texas
  Constitution, are amended to read as follows:
         (e)  Unless the legislature enacts a statewide
  reapportionment of the judicial districts following each federal
  decennial census, the board shall convene not later than the first
  Monday of June of the third year following the year in which the
  federal decennial census is taken to make a statewide
  reapportionment of the districts.  The board shall complete its
  work on the reapportionment and file its order with the secretary of
  state not later than August 31 of the same year.  If the Judicial
  Districts Board fails to make a statewide apportionment by that
  date, the Texas [Legislative] Redistricting Commission [Board]
  established by Article III, Section 28b [28], of this constitution
  shall convene on September 1 of the same year to make a statewide
  reapportionment of the judicial districts not later than the 90th
  [150th] day after the final day for the Judicial Districts Board to
  make the reapportionment.
         (i)  The legislature, the Judicial Districts Board, or the
  Texas [Legislative] Redistricting Commission [Board] may not
  redistrict the judicial districts to provide for any judicial
  district smaller in size than an entire county except as provided by
  this section.  Judicial districts smaller in size than the entire
  county may be created subsequent to a general election where a
  majority of the persons voting on the proposition adopt the
  proposition "to allow the division of ____________ County into
  judicial districts composed of parts of ____________ County."  No
  redistricting plan may be proposed or adopted by the legislature,
  the Judicial Districts Board, or the Texas [Legislative]
  Redistricting Commission [Board] in anticipation of a future action
  by the voters of any county.
         SECTION 4.  The following temporary provision is added to
  the Texas Constitution:
         TEMPORARY PROVISION.  (a) This temporary provision applies to
  the constitutional amendment proposed by the 89th Legislature, 1st
  Called Session, 2025, establishing the Texas Redistricting
  Commission to redistrict Texas congressional districts and
  revising procedures for redistricting.
         (b)  Section 28b, Article III, of this constitution takes
  effect January 1, 2030.
         (c)  On January 1, 2031:
               (1)  Sections 28a and 28c, Article III, of this
  constitution take effect; and
               (2)  the amendments to Section 28, Article III, and
  Section 7a, Article V, of this constitution take effect.
         (d)  This temporary provision expires January 1, 2032.
         SECTION 5.  This proposed constitutional amendment shall be
  submitted to the voters at an election to be held May 2, 2026.  The
  ballot shall be printed to permit voting for or against the
  following proposition:  "The constitutional amendment establishing
  the Texas Redistricting Commission to redistrict Texas
  congressional districts and revising procedures for
  redistricting."