By: Neave H.J.R. No. 118       A JOINT RESOLUTION       proposing a constitutional amendment establishing the Texas   Redistricting Commission to redistrict the Texas Legislature and   Texas congressional 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 Section 28a to read as follows:          Sec. 28a.  The Citizens Redistricting Commission   (hereinafter the "commission") 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 article;   and (3) conduct themselves with integrity and fairness.  (c)(1) The   selection process is designed to produce a Citizens Redistricting   Commission that is independent from legislative influence and   reasonably representative of this State's diversity.  (2) The   Citizens Redistricting Commission shall consist of 14 members, as   follows: five who have voted exclusively in the primary of the   largest political party in Texas based on general election results,   five who have voted exclusively in the primary of the second largest   political party in Texas based on general election results, and   four who have not voted in the primaries of either of the two   largest political parties in Texas based on general election   results.  (3) Each commission member shall be a voter who has been   continuously registered in Texas who has voted in the same   political party's primaries or not voted in a political party   primary and who has not voted in another political party's primary   for five or more years immediately preceding the date of his or her   appointment.  Each commission member shall have voted in two of the   last three statewide general elections immediately preceding his or   her application.  (4) The term of office of each member of the   commission expires upon the appointment of the first member of the   succeeding commission.  (5) Nine members of the commission shall   constitute a quorum.  Nine or more affirmative votes shall be   required for any official action.  The three final maps must be   approved by at least nine affirmative votes which must include at   least three votes of members registered from each of the two largest   political parties in Texas based on the most recent general   election results and three votes from members who have not voted in   either of these two political parties' primaries.  (6) Each   commission member shall apply this article in a manner that is   impartial and that reinforces public confidence in the integrity of   the redistricting process.  A commission member shall be ineligible   for a period of 10 years beginning from the date of appointment to   hold elective public office at the federal, state, or county level   in Texas.  A member of the commission shall be ineligible for a   period of five years beginning from the date of appointment to hold   appointive federal, state, or county public office, to serve as   paid staff for the Legislature or any individual legislator or to   register as a federal, state, or local lobbyist in this State.  (d)   The commission shall establish single-member districts for the   United States Congress, Texas Senate, Texas House, and State Board   of Education pursuant to a mapping process using the following   criteria as set forth in the following order of priority: (1)   Districts shall comply with the United States Constitution. U.S.   Congress, Senate, House, and State Board of Education districts   shall have reasonably equal population with other districts for the   same office, except where deviation is required to comply with the   federal Voting Rights Act or allowable by law.  (2) Districts shall   comply with the federal Voting Rights Act (42 U.S.C. Sec. 1971 and   following).  (3) Districts shall be geographically contiguous.  (4)   The geographic integrity of any city, county, city and county,   neighborhood, or community of interest shall be respected to the   extent possible without violating the requirements of any of the   preceding subdivisions. Communities of interest shall not include   relationships with political parties, incumbents, or political   candidates.  (5) To the extent practicable, and where this does not   conflict with the criteria above, districts shall be drawn to   encourage geographical compactness such that nearby areas of   population are not bypassed for more distant population.  (6) The   place of residence of any incumbent or political candidate shall   not be considered in the creation of a map.  Districts shall not be   drawn for the purpose of favoring or discriminating against an   incumbent, political candidate, or political party.   By January 1 in 2020, and in each year ending in the number zero   thereafter, the State Auditor shall initiate an application   process, open to all registered Texas voters in a manner that   promotes a diverse and qualified applicant pool.  (2) The State   Auditor shall remove from the applicant pool individuals with   conflicts of interest including: (A) Within the 10 years   immediately preceding the date of application, neither the   applicant, nor a member of his or her immediate family, may have   done any of the following: (i) Been appointed to, elected to, or   have been a candidate for federal or state office.  (ii) 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.  (iii) Served as an elected or appointed member of a   political party central committee.  (iv) Been a registered federal,   state, or local lobbyist.  (v) Served as paid congressional,   legislative, or State Board of Education staff.  (vi) Contributed   two thousand dollars ($2,000) or more to any congressional, state,   or local candidate for elective public office in any year, which   shall be adjusted every 10 years by the cumulative change in the   Texas Consumer Price Index, or its successor.  (B) Staff and   consultants to, persons under a contract with, and any person with   an immediate family relationship with the Governor, a Member of the   Legislature, a member of Congress, or a member of the State Board of   Education, are not eligible to serve as commission members.  As used   in this subdivision, a member of a person's "immediate family" is   one with whom the person has a bona fide relationship established   through blood or legal relation, including parents, children,   siblings, and in-laws.  (b) The State Auditor shall establish an   Applicant Review Panel, consisting of three qualified independent   auditors, to screen applicants.  The State Auditor shall randomly   draw the names of three qualified independent auditors from a pool   consisting of all auditors employed by the state and licensed by the   Texas Board of Accountancy at the time of the drawing.  The State   Auditor shall draw until the names of three auditors have been drawn   including one who is registered with the largest political party in   Texas based on party registration, one who is registered with the   second largest political party in Texas based on party   registration, and one who is not registered with either of the two   largest political parties in Texas.  After the drawing, the State   Auditor shall notify the three qualified independent auditors whose   names have been drawn that they have been selected to serve on the   panel.  If any of the three qualified independent auditors decline   to serve on the panel, the State Auditor shall resume the random   drawing until three qualified independent auditors who meet the   requirements of this subdivision have agreed to serve on the panel.     A member of the panel shall be subject to the conflict of interest   provisions set forth in paragraph (2) of subdivision (a).  (c)   Having removed individuals with conflicts of interest from the   applicant pool, the State Auditor shall no later than August 1 in   2020, and in each year ending in the number zero thereafter,   publicize the names in the applicant pool and provide copies of   their applications to the Applicant Review Panel.  (d) From the   applicant pool, the Applicant Review Panel shall select 60 of the   most qualified applicants, including 20 who are registered with the   largest political party in Texas based on registration, 20 who are   registered with the second largest political party in Texas based   on registration, and 20 who are not registered with either of the   two largest political parties in Texas based on registration.   These subpools shall be created on the basis of relevant analytical   skills, ability to be impartial, and appreciation for Texas's   diverse demographics and geography.  The members of the panel shall   not communicate with any State Board of Education member, Senator,   House Member, congressional member, or their representatives,   about any matter related to the nomination process or applicants   prior to the presentation by the panel of the pool of recommended   applicants to the Secretary of the Senate and the Chief Clerk of the   House.  (e) By October 1 in 2020, and in each year ending in the   number zero thereafter, the Applicant Review Panel shall present   its pool of recommended applicants to the Secretary of the Senate   and the Chief Clerk of the House.  No later than November 15 in 2020,   and in each year ending in the number zero thereafter, the President   pro Tempore of the Senate, the Minority Floor Leader of the Senate,   the Speaker of the House, and the Minority Floor Leader of the House   may each strike up to two applicants from each subpool of 20 for a   total of eight possible strikes per subpool.  After all legislative   leaders have exercised their strikes, the Secretary of the Senate   and the Chief Clerk of the House shall jointly present the pool of   remaining names to the State Auditor.  (f) No later than November 20   in 2020, and in each year ending in the number zero thereafter, the   State Auditor shall randomly draw eight names from the remaining   pool of applicants as follows: three from the remaining subpool of   applicants registered with the largest political party in Texas   based on registration, three from the remaining subpool of   applicants registered with the second largest political party in   Texas based on registration, and two from the remaining subpool of   applicants who are not registered with either of the two largest   political parties in Texas based on registration.  These eight   individuals shall serve on the Citizens Redistricting Commission.     (g) No later than December 31 in 2020, and in each year ending in the   number zero thereafter, the eight commissioners shall review the   remaining names in the pool of applicants and appoint six   applicants to the commission as follows: two from the remaining   subpool of applicants registered with the largest political party   in Texas based on registration, two from the remaining subpool of   applicants registered with the second largest political party in   Texas based on registration, and two from the remaining subpool of   applicants who are not registered with either of the two largest   political parties in Texas based on registration.  The six   appointees must be approved by at least five affirmative votes   which must include at least two votes of commissioners registered   from each of the two largest parties and one vote from a   commissioner who is not affiliated with either of the two largest   political parties in Texas.  The six appointees shall be chosen to   ensure the commission reflects this state's diversity, including,   but not limited to, racial, ethnic, geographic, and gender   diversity. However, it is not intended that formulas or specific   ratios be applied for this purpose.  Applicants shall also be chosen   based on relevant analytical skills and ability to be impartial.     Citizens Redistricting Commission Vacancy, Removal, Resignation,   Absence.  (a) In the event of substantial neglect of duty, gross   misconduct in office, or inability to discharge the duties of   office, a member of the commission may be removed by the Governor   with the concurrence of two-thirds of the Members of the Senate   after having been served written notice and provided with an   opportunity for a response.  A finding of substantial neglect of   duty or gross misconduct in office may result in referral to the   Attorney General for criminal prosecution or the appropriate   administrative agency for investigation.  (b) Any vacancy, whether   created by removal, resignation, or absence, in the 14 commission   positions shall be filled within the 30 days after the vacancy   occurs, from the pool of applicants of the same voter registration   category as the vacating nominee that was remaining as of November   20 in the year in which that pool was established.  If none of those   remaining applicants are available for service, the State Auditor   shall fill the vacancy from a new pool created for the same voter   partisanship category.   Citizens Redistricting Commission Compensation.  Members of the   commission shall be compensated at the rate of three hundred   dollars ($300) for each day the member is engaged in commission   business.  For each succeeding commission, the rate of compensation   shall be adjusted in each year ending in nine by the cumulative   change in the Texas Consumer Price Index, or its successor.  Members   of the panel and the commission are eligible for reimbursement of   personal expenses incurred in connection with the duties performed   pursuant to this act.  A member's residence is deemed to be the   member's post of duty for purposes of reimbursement of expenses.     Citizens Redistricting Commission Budget, Fiscal Oversight.  (a) In   2019, and in each year ending in nine thereafter, the Governor shall   include in the Governor's Budget submitted to the Legislature   pursuant to Section 12 of Article IV of the Texas Constitution   amounts of funding for the State Auditor, the Citizens   Redistricting Commission, and the Secretary of State that are   sufficient to meet the estimated expenses of each of those officers   or entities in implementing the redistricting process required by   this act for a three-year period, including, but not limited to,   adequate funding for a statewide outreach program to solicit broad   public participation in the redistricting process.  The Governor   shall also make adequate office space available for the operation   of the commission.  The Legislature shall make the necessary   appropriation in the Budget Act, and the appropriation shall be   available during the entire three-year period.          SECTION 2.  Section 7a, Article V, Texas Constitution, is   amended by amending Subsections (e) and (i) and adding Subsection   (j) 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 28a [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.          (j)  Until January 1, 2021, a reference in this section to   the Texas Redistricting Commission means the Legislative   Redistricting Board established under Article III, Section 28, of   this constitution.  This subsection expires January 1, 2021.          SECTION 3.  This proposed constitutional amendment shall be   submitted to the voters at an election to be held November 7, 2017.     The ballot shall be printed to permit voting for or against the   following proposition: "The constitutional amendment establishing   the Texas Redistricting Commission to redistrict the Texas   Legislature and Texas congressional districts and revising   procedures for redistricting."