OUTLOOK Texas redistricting must be transparent
“Bless your heart, Texas” is perhaps the most polite phrase that comes to mind when discussing our state’s track record around redistricting, and this year’s cycle already has the makings to be more of the same old disappointing, closed-door, sad state of affairs.
Texas has been found to be in violation of the Voting Rights Act of 1965 every decade since its enactment because of intentional racial discrimination, and redistricting, or rather, the practice of gerrymandering, has been the source of many of the violations. The 2011 cycle of drawing up voting districts was awash with all kinds of questionable legislative tactics and mayhem in the courts followed right up until a few years ago, including a specific directive by the federal district court to conduct a more “fair and open” process during the next round of redistricting.
While the House and Senate redistricting committees have made some efforts to conduct online hearings during the current legislative session, vital feedback from diverse population segments of Texas has still been lacking due to procedural limits on virtual testimony and a loss of live public hearings around the state. Advocacy groups have been petitioning for a more “fair and open” process since before the session began and it will become even more critical that the legislature permit meaningful public access after final Census data is delivered.
It may not be fair to say Texas lawmakers have a complete lack of concern when it comes to listening to public comments relative to redistricting, but Texas lawmakers have failed in the past to take sufficient testimony from all the diverse communities that should be considered when drawing the district lines that importantly shape so much of Texans day to day lives.
However, there is currently no set requirement for how much input is received and which communities need to have a seat at the table during the process. Too much of the redistricting process remains among lawmakers alone and is still conducted predominantly behind closed doors, with minimal timely opportunity for the public to assess the plans and maps as they are proposed.
How does the same, unfair process keep happening? How can things change?
Replacing a lack of transparency with full and meaningful transparency is the answer to both questions. HB 3112, the Texas Redistricting Transparency Act, a bill currently pending before the Texas House Redistricting Committee, provides the necessary reform.
This bill would set important standards that would improve the current round of redistricting, including:
Making public hearings a requirement, calling for at least 10 public input hearings before census data is released and five such hearings afterwards.
Publicly publishing all of the redistricting information and legislative activities via a website maintained by the Texas Legislative Council.
Making sure that all Texans are provided with in-person and virtual testimony options.
Requiring factual information from at least eight categories about suggested redistricting plans be made public no less than 72 hours before any committee vote so all Texans can review what’s being proposed.
Making sure after a committee vote, and before any plan heads to either chamber, lawmakers hold at least two public hearings so the public can weigh in and provide critical feedback.
It’s hard to believe these policies are not currently set in place, as they seem like the bare minimum lawmakers need to fully engage every Texan in a fair redistricting process. Unfortunately, the closed-door practices of the past have already been on display in the 87th regular session. The Senate Jurisprudence Committee rushed consideration of a bill to redistrict the state’s intermediate appellate courts to a hearing, without any advance public input — or even disclosure of the bill itself — until the last minutes before its public hearing. Nevertheless, despite an overwhelming majority of testimony, most of it from appellate judges expressly against SB 11, the bill was approved 3- 2 on a partisan committee vote before ultimately being pulled down by the bill’s author in response to the resounding disapproval the bill received. That it could have proceeded is deeply troubling and a sign that the old practice of “back room” redistricting is still with us — if left unrestrained by legal prohibitions.
The session is now winding down and time is running out for bills to be heard in committees. Lawmakers need to take up, consider and pass HB 3112 to make certain the redistricting process, including the one projected to happen this fall, puts basic and good standards in place for fair and open redistricting in Texas. Instead of having to repeatedly come to terms with a troublesome past around redistricting, passing HB 3112 will allow Texans to be better informed and more engaged with the process going forward.
Street is the president of Texas Progressive Action Network, and Jones is president of Clean Elections Texas, which are both members of Fair Maps Texas, a coalition advocating for fair, representative election maps.