HBA-MPC C.S.H.B. 722 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 722 By: Jones, Delwin Redistricting 5/28/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE The United States Supreme Court has ruled that under the federal constitution congressional districts must be as equal in population under the current census as practicable. This is sometimes referred to as the oneperson, one-vote principle. Further interpretation of this principle has found that even a deviation of less than 1% between the population of the largest and smallest districts in a congressional redistricting plan may be too large to survive judicial scrutiny. 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 congressional district is 651,619. In the current congressional plan based on the 2000 census the largest congressional district (District 26) has a population of 845,541 or almost 30% over the ideal district. The smallest congressional district (District 13) has a population of 597,401, or over 8% less than the ideal district. The total range of deviation between the largest and smallest districts is over 35%. House Bill 722 provides a means for implementing new congressional districts that comply with the population equality standards imposed by the federal constitution. 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. 722 proposes new congressional districts from which the members of the United States House of Representatives from the State of Texas for the 108th Congress will be elected. The boundaries of the districts proposed in C.S.H.B. 722 are illustrated in the attached maps generated by the Texas Legislative Council's Redistricting Application (REDAPPL). The content of C.S.H.B. 722 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 congressional 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 722 as introduced provided that the districts from which the members of the United States House of Representatives from the State of Texas are elected are the same as the districts from which the members of the U.S. House of Representatives from the State of Texas for the 107th Congress were elected, with a few modifications. The bill as introduced provided for the transfer of territory from four existing house districts (Districts 2, 11, 19, and 13) to four other existing house districts (Districts 1, 17, 13 and 19, to provide a means to implement a new plan for house districts when census data became available. C.S.H.B. 722 makes significant changes in existing congressional districts and, based on 2000 census data, proposes new congressional districts for the primary and general elections for the 108th and subsequent Congresses. The differences between C.S.H.B. 722 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 congressional districts in the committee substitute with the current congressional 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 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 congressional districts in the committee substitute with the current congressional 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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