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."