HBA-KDB C.S.H.B. 150 77(R) HBA-KDB H.B. 150 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 150 By: Jones, Delwin Redistricting 5/1/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Section 28, Article III, Texas Constitution, requires that the legislature apportion the state into senate and representative districts following the release of the federal decennial census. Additionally, the United States Supreme Court has ruled that under the Equal Protection Clause of the 14th Amendment of the United States Constitution state legislative districts must be substantially equal in population. This is sometimes referred to as the one-person, one-vote principle. Further refinement of this principle has led to the creation of the so-called 10 percent rule for legislative districts. If the difference between the population of largest and smallest districts in a legislative redistricting plan is less than 10 percent, the state is not required to provide further justification for the difference in a court challenge under the one-person, onevote principle. If the difference in population of the largest and smallest districts in the plan is more than 10 percent, a justification is required. Courts have been unwilling to accept any justification when the difference between the largest and smallest districts exceeds 20 percent. On March 12, 2001, the state received the census data for the 2000 federal census. Based on the total statewide population of 20,851,820, the ideal population of a representative district is 139,012. In the current house plan based on the 2000 census the largest house district (District 47) has a population of 224,330, or 61.37% over the ideal district. The smallest house district (District 77) has a population of 104,998, or 24.47% less than the ideal district. The total range of deviation between the largest and smallest districts is 85.84%. C.S.H.B. 150 proposes new house districts for the primary and general elections for the 78th Legislature as required by the Texas Constitution after the release of the census. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 150 proposes new house districts to become effective beginning with the primary and general elections for the 78th Legislature. The boundaries of the districts proposed in C.S.H.B. 150 are illustrated in the attached maps generated by the Texas Legislative Council's Redistricting Application (REDAPPL). The content of C.S.H.B. 150 is analyzed in the attached reports generated by REDAPPL. The reports attached to and included as part of this analysis provide the following information: _The report labeled RED-M100 provides a population analysis of the districts contained in the committee substitute and shows the average or mean district population and the population for the smallest and largest districts, along with the overall plan deviation from the ideal district population. For each district and each portion of a county contained in the district, the report shows, according to the 2000 census, the total and total voting age population for the total population of the district and for Anglo, Black, Hispanic, and Black plus Hispanic persons living in the district, along with corresponding percentages. For each district, the report also shows the total deviation and percentage deviation from the ideal district population. _The report labeled RED-M310 confirms that all the geography located in the state has been assigned to a district. _The report labeled RED-M125 provides a population analysis of the districts contained in the committee substitute and shows, for each city or census designated place (CDP) or portion thereof contained in the district, the total and total voting age population and the population and voting age population for Anglo, Black, Hispanic, and Black plus Hispanic persons living in the city or CDP, or portion thereof, according to the 2000 census. _The report labeled RED-M200 provides population data compared to general election history for each district in the committee substitute. For each district, the report shows, according to the 2000 census, the total and total voting age population for the total population of the district and for Anglo, Black, Hispanic, and Black plus Hispanic persons living in the district, along with corresponding percentages. For each district, the report also shows the total deviation and percentage deviation from the ideal district population. The report also shows, for the years 1998 and 2000, voter registration (with the percentage of registered voters with Spanish surnames) and voter turnout for each district, along with a weighted average of the results of all general election statewide contested seats, with regard to votes cast for Democratic or Republican candidates. _The report labeled RED-M315 provides information regarding the compactness of the districts contained in the committee substitute using two different ratios. The first ratio is described as the "Perimeter to Area" ratio, which calculates the ratio of the area of a circle with the same perimeter as the district to the actual area of the district, and, in addition to providing this ratio, each district is ranked from 1 to 150, according to its ratio. The second ratio is described as the "Smallest Circle" ratio, which calculates the ratio of the area of the smallest circle enclosing the district to the actual are of the district, and in addition to providing this ratio, each district is ranked from 1 to 150, according to its ratio. With regard to each ratio, the district with the smallest ratio (most compact) is assigned a rank of 1, and the district with the largest ratio (least compact) is assigned a rank of 150. _The report labeled RED-M350 provides a list of the proposed new house districts by district number and indicates the incumbent member or members whose residence is located in each district, if any. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE As new census data was not available prior to the 60th day of the legislative session, the deadline for filing general bills, House Bill 150 as introduced provided that the districts from which the members of the Texas House of Representatives for the 78th Legislature would be elected would be the same as the districts from which the house members of the 77th Legislature were elected, with a few modifications. The bill as introduced provided that territory from three existing house districts (Districts 19, 61, and 73) was to be transferred to three other existing house districts (Districts 22, 62, and 81, respectively), to provide a means to implement a new plan for house districts when census data became available. C.S.H.B. 150 makes significant changes in existing house districts and, based on 2000 census data, proposes new house districts for the primary and general elections for the 78th and subsequent Legislatures. The differences between C.S.H.B. 150 and the introduced bill are analyzed in the attached reports generated by REDAPPL. The plan comparison reports attached to and included as part of this analysis provide the following information: _The report labeled RED-M335 compares the house districts in the committee substitute with the current house districts (which are the same as the districts contained in the introduced bill, except for six districts changed under the introduced bill). The report indicates whether any incumbent member will be paired with another incumbent member in the committee substitute, and shows, for each incumbent house member, their current district number and proposed district number in the committee substitute. For the current district and proposed district, based on 2000 census and general election data, the report shows: _the percentage deviation from the ideal district population; _the total population and percentage of Anglo, Black, Hispanic, Black plus Hispanic, and other persons living in the district; and _voter registration (with the percentage of registered voters with Spanish surnames) and voter turnout for the district, along with a weighted average of the results of all general election statewide contested seats, with regard to votes cast for Democratic or Republican candidates. _The report labeled RED-M340 provides another means to compare house districts in the committee substitute with the current house districts (which are the same as the districts contained in the introduced bill, except for six districts changed under the introduced bill). For each proposed district in the committee substitute, the report shows, based on 2000 census and general election data: _the total population and percentage of Anglo, Black, Hispanic, Black plus Hispanic, and other persons living in the district; and _voter registration (with the percentage of registered voters with Spanish surnames) and voter turnout for the district, along with a weighted average of the results of all general election statewide contested seats, with regard to votes cast for Democratic or Republican candidates. _The report also indicates the percentage of which existing districts are used to compose each proposed new district, and for the portion of each existing district that is contained in a proposed new district, the report shows, based on 2000 census and general election data: _the total population and percentage of Anglo, Black, Hispanic, Black plus Hispanic, and other persons; and _voter registration (with the percentage of registered voters with Spanish surnames) and voter turnout, along with a weighted average of the results of all general election statewide contested seats, with regard to votes cast for Democratic or Republican candidates. 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