Relating to racial discrimination in voting.
relating to racial discrimination in voting.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 16, Election Code, is amended by adding
Chapter 280 to read as follows:
CHAPTER 280. BARBARA JORDAN TEXAS VOTING RIGHTS ACT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 280.001. DEFINITIONS. In this chapter:
(1) “Method of election” means the method by which
candidates are elected to a governmental body of a local
government, and includes any at-large, district-based,
share-based, or other method of election, as well as any
districting or redistricting plan used to elect candidates to the
governmental body.
(a) “At-large method of election” means a method of
election in which candidates are voted on by all voters in the local
government, voters are allowed or required to cast as many votes as
there are seats to fill, and voters cannot cast more than one vote
for a given candidate.
(b) “District-based method of election” means a method
of election in which the local government is divided into
districts, each district is represented by a single representative,
and candidates are voted on by only voters residing in the district.
(c) “Share-based method of election” means a method of
election in which more than one candidate is to be elected and
different groups of voters may each elect their preferred
candidates to the seats to fill based on their relative share of the
votes cast. Share-based methods of election include, but are not
limited to, the single transferable vote, cumulative voting,
limited voting, and party-list or slate-list systems.
(3) “Protected Class” means a class of citizens who
are members of a race, color or language minority group, consistent
with Sec. 42.0051(d)(1) and includes individuals who are members of
a minimum reporting category that has ever been officially
recognized by the United States Census Bureau.
(4) “Local government” means municipalities,
counties, and special districts.
SUBCHAPTER B. CANON OF DEMOCRACY
Sec. 280.051. CONSTRUCTION OF ELECTION CODE. Any provision
of state law, regulation, charter, home rule ordinance, or other
enactment of the state or any local government relating to the right
to vote must be construed liberally in favor of the factors listed
below. To the extent courts are afforded discretion on any issue,
including but not limited to with respect to questions of
discovery, procedure, admissibility of evidence, or remedies, it is
the policy of the state that courts should exercise that
discretion, and weigh other equitable discretion, in favor of the
factors listed below:
(1) protecting the right to cast a ballot and make the
ballot valid;
(2) ensuring eligible individuals seeking voter
registration are not impaired in being registered;
(3) ensuring voters are not impaired in voting,
including, but not limited to having their votes counted;
(4) making the fundamental right to vote more
accessible to eligible voters; and
(5) ensuring equitable access for protected class
members to opportunities to be registered to vote and to vote.
Sec. 280.052. LIMITATION ON IMMUNITY OR PRIVILEGE. (a) It
is the policy of the state to promote the free flow of documents and
information concerning the intent of public officials in actions
concerning the right to vote. Accordingly, in any action under this
act, the federal Voting Rights Act, or a voting-related claim under
the Texas Constitution or United States Constitution, no sovereign,
governmental, executive, legislative, or deliberative immunities
and privileges, including any evidentiary privileges, may be
asserted. However, this section shall have no effect on any
attorney-client or attorney work-product privileges.
SUBCHAPTER C. TEXAS VOTING RIGHTS COMMISSION
Sec. 280.101. CREATION OF COMMISSION. (a) The Texas Voting
Rights Act Commission is created to administer the provisions of
this chapter.
(b) There is hereby established an independent and
nonpartisan state agency to be referred to as the Texas Voting
Rights Act Commission (“TXVRA Commission”). The TXVRA Commission
shall be responsible for administering the provisions of this act.
The TXVRA Commission shall not be a unit of any other state agency
and shall have its own staff, which includes management, research,
and enforcement.
(c) The TXVRA Commission shall consist of five
Commissioners, each of whom shall serve staggered five-year terms,
to be selected as set forth in this section. Commissioners shall be
compensated for their actual time spent on TXVRA Commission
business at an hourly rate based on the rate equivalent to an
assistant attorney general.
Sec. 280.103. QUALIFICATIONS OF COMMISSIONERS. In order to
serve as a commissioner, a person must:
(1) reside in this state;
(2) be a member of the State Bar of Texas with not less
than five years of legal experience;
(3) have experience representing or advocating on
behalf of members of a protected class;
(4) not have served in an elected office in the
preceding five years; and
(5) not be currently serving in a government or
political party office.
Sec. 280.104. NOMINATING COMMITTEE. (a) A Nominating
Committee shall be formed to identify qualified candidates to serve
as members of the TXVRA Commission. The Nominating Committee will
be comprised of Nominating Organizations, to be selected as
follows:
(b) In order to serve as a nominating organization, an
organization must:
(1) have demonstrated commitment to:
(A) the purposes of this chapter; and
(B) the voting rights of members of a protected
class;
(2) have not less than 20 years of continuous
operation as:
(A) an organization that qualifies for an
exemption from federal income taxation under Section 501(c)(3),
Internal Revenue Code of 1986; or
(B) a nonprofit corporation registered with the
secretary of state; and
(3) be presently registered as a nonprofit corporation
with the secretary of state.
(c) An organization may demonstrate a commitment under
Subsection (b)(1) by:
(1) referencing members of a protected class in the
organization’s mission statement;
(2) demonstrating involvement in multiple voting
rights cases in this state advocating on behalf of members of a
protected class;
(3) demonstrating involvement in advocacy in support
of the purposes of this chapter; or
(4) any other method acceptable to the secretary of
state.
(d) The secretary of state shall certify any applicant for
the nominating committee that meets the qualifications of
Subsection (b).
(e) If the secretary of state does not timely certify a
qualified applicant under this section, the applicant may file an
action for a writ of mandamus to compel the secretary of state to
certify the applicant as a nominating organization.
(f) A nominating organization serves on the nominating
committee for a term of five years, after which the nominating
organization may seek recertification by the secretary of state.
(g) If there are not more than 15 nominating organizations
on the nominating committee, the business of the committee is
conducted by all nominating organizations. If there are 16 or more
nominating organizations on the nominating committee, the business
of the committee is conducted by 15 nominating organizations chosen
randomly each year.
(h) The nominating committee shall select a chair to preside
over meetings and votes.
(i) The nominating committee may by majority vote of all
nominating organizations remove a nominating organization from the
committee.
Sec. 280.105. SELECTION OF COMMISSIONERS. (a) The
nominating committee shall continually solicit applications to
serve on the commission unless the list under Subsection (b) is
full.
(b) The nominating committee shall create and maintain a
“qualified candidate pool” of not more than 30 qualified
applicants. The nominating committee may increase or decrease the
size of the list by a three-fifths vote of the nominating
organizations.
(c) The nominating committee may add an applicant to the
list of qualified applicants under Subsection (b) by a three-fifths
vote of the nominating organizations.
(d) The nominating committee may not add an applicant to the
list if the applicant is not qualified under Section 280.103.
(e) The secretary of state shall randomly select members of
the commission from the list of qualified applicants under
Subsection (b).
(f) The secretary of state shall randomly select a
commissioner as provided by Subsection (e) not later than the 60th
day before the end of the term of a commissioner currently serving
on the commission.
(g) If a vacancy occurs on the commission, the secretary of
state shall randomly select a commissioner as provided by
Subsection (e) not later than the 30th day after the creation of the
vacancy to serve the remainder of the vacant commissioner’s term.
(h) Not later than the 60th day before the formation of the
commission, the secretary of state shall randomly select five
commissioners as provided by Subsection (e) and shall assign by lot
terms of one, two, three, four, and five years to the newly selected
commissioners.
Sec. 280.106. POWERS OF COMMISSION. (a) The commission may
conduct investigations and bring legal actions to enforce the
provisions of this chapter.
(b) In conducting an investigation or bringing an action
under Subsection (a), the commission may, according to the Texas
Rules of Civil Procedure:
(1) subpoena witnesses;
(2) administer oaths;
(3) examine individuals under oath;
(4) determine material facts; and
(5) compel the production of records, books, papers,
contracts, and other documents.
(c) The commission may hire any staff necessary to carry out
its duties under this chapter.
(d) The commission may make any expenditure necessary to
carry out its duties under this chapter, subject to appropriations
made by the legislature.
(e) The commission may adopt rules to carry out its duties
under this chapter.
SUBCHAPTER D. PROHIBITION ON VOTER SUPPRESSION AND VOTE DILUTION
Sec. 280.151. PROHIBITING VOTER SUPPRESSION.
(a) No local government may implement, impose, or enforce
any election policy or practice that results in, is likely to result
in, or is intended to result in, either:
(1) A material disparity in voter participation,
access to voting opportunities, or the opportunity or ability to
participate in any stage of the political process between protected
class members and other members of the electorate; or
(2) Based on the totality of the circumstances, an
impairment of the equal opportunity or ability of protected class
members to participate in any stage of the political process.
(b) There shall be no violation under subsection (a)(1) of
this section if the local government or state agency demonstrates
by clear and convincing evidence that (i) the election policy or
practice is necessary to significantly further an important and
particularized governmental interest and (ii) there is no
alternative election policy or practice that results in a smaller
disparity between protected class members and other members of the
electorate.
(c) Subsection (b) of this section does not apply if:
(1) a local government or state agency takes action
intended to result in a material disparity; or
(2) the material disparity results from:
(A) the closure, relocation, or consolidation of
one or more precincts, polling places, or county-wide mail drop
boxes;
(B) the local government’s change to the time or
date of an election;
(C) the local government conducting elections on
dates that do not align with federal or state elections; or
(D) the date the local government selects for a
special election, and there exists an alternate date in a
reasonable timeframe in which the disparity would be materially
less significant; or the failure to schedule a special election in a
reasonable timeframe following a vacancy in an office where
protected class members are generally able to elect candidates of
their choice.
Sec. 280.152. PROHIBITING VOTE DILUTION
(a) No local government shall employ (i) an at-large method
of election, (ii) a district-based method of election, (iii) a
share-based method of election, or (iv) other method of election
for any office that has the effect, will likely have the effect, or
is motivated in part by the intent, of diluting the vote of
protected class members.
(b) A violation of Sec. 280.152 is established if:
(1) Either:
(A) Elections in the local government exhibit
racially polarized voting resulting in an impairment of the equal
opportunity or ability of protected class members to nominate or
elect candidates of their choice; or
(B) Based on the totality of the circumstances,
the equal opportunity or ability of protected class members to
nominate or elect candidates of their choice is impaired; and
(2) Another method of election or changes to the
existing method of election that could be constitutionally adopted
or ordered under Subchapter L would likely mitigate the impairment.
Sec. 280.153. GUIDELINES AND RELEVANT CIRCUMSTANCES FOR
EVALUATING VOTER SUPPRESSION AND VOTE DILUTION
(a) To evaluate the totality of circumstances under Sect.
280.151(a)(2) or Sect. 280.152(b)(1)(B):
(1) The following factors may be relevant:
(A) The history of discrimination;
(B) The extent to which the protected class
members have been elected to office;
(C) The use of any election policy or practice
that may enhance the dilutive effects of a method of election in the
local government;
(D) The extent to which protected class members
or candidates experienced any history of unequal access to
election-administration or campaign-finance processes that
determine which candidates will receive access to the ballot or
financial or other support in elections for an office of the local
government;
(E) The extent to which protected class members
have historically made expenditures;
(F) The extent to which protected class members
vote at lower rates than other voters;
(G) The extent to which protected class members
are disadvantaged or otherwise bear the effects of public or
private discrimination in areas that may hinder their ability to
participate effectively in any stage of the political process, such
as education, employment, health, criminal justice, housing,
transportation, land use, or environmental protection;
(H) The use of overt or subtle racial appeals in
political campaigns, by government officials, or in connection with
the adoption or maintenance of the election policy or practice;
(I) The extent to which candidates face hostility
or barriers while campaigning due to their membership in a
protected class;
(J) The lack of responsiveness by elected
officials to the particular needs of protected class members or a
community of protected class members;
(K) Whether the election policy or practice was
designed to advance and does materially advance, a valid and
substantial state interest; and
(L) Other factors deemed relevant.
(2) No set number or combination of these factors
shall be required to determine that a violation occurred.
(3) For alleged violations pertaining to a particular
local government, evidence of these factors is most probative if it
relates to the local government in which the alleged violation
occurred, but is still probative if it relates to the state or to
the geographic region in which that local government is located.
(b) To determine whether elections in the local government
exhibit racially polarized voting under Sect. 280.152(b)(1)(A):
(1) Racially polarized voting shall be assessed based
on relevant election results, which may include but are not limited
to elections for offices of the local government; elections held in
the local government for other offices, such as state or federal
offices; ballot measures; and other electoral choices that bear on
the rights and privileges of the protected class.
(A) No set number or combination of elections
shall be required to establish the existence of racially polarized
voting.
(B) Evidence of non-polarized voting in
elections for offices outside the local government shall not
preclude a finding of racially polarized voting based on elections
for offices of the local government.
(C) Non-statistical or non-quantitative evidence
shall not preclude a finding of racially polarized voting based on
statistical or quantitative evidence.
(D) Low turnout or registration rates among
protected class members shall not preclude a finding of racially
polarized voting.
(2) Racially polarized voting shall be assessed based
only on the combined electoral preferences of members of a
protected class or classes. There is no requirement that the
electoral preferences of each protected class or any subgroup
within a protected class be separately polarized from those of
other voters.
(3) The causes of or reasons for racially polarized
voting, including partisan explanations or discriminatory intent,
are not relevant.
(c) When evaluating whether a violation is present:
(1) The following circumstances are never relevant
under Sect. 280.151 or Sect. 280.152:
(A) The total number or share of protected class
members on whom the election policy or practice does not impose a
material burden;
(B) The degree to which the election policy or
practice has a long pedigree or was in widespread use at some
earlier date;
(C) The use of an identical or similar election
policy or practice in other jurisdictions;
(D) The availability of forms of voting
unimpacted by the election policy or practice.
(2) A state interest in preventing voter fraud or
bolstering voter confidence in the integrity of elections is not
relevant under Sect. 280.151 or Sect. 280.152 unless there is
substantial evidence that criminal activity by individual electors
has occurred in the local government in substantial numbers and the
connection between the election policy or practice and a state
interest in preventing voter fraud or bolstering voter confidence
in the integrity of elections is supported by substantial evidence.
(3) Evidence concerning the intent of electors,
elected officials, or public officials to discriminate against
protected class members is never required under Sect. 280.151 or
Sect. 280.152.
(4) Whether protected class members typically elect
candidates of their choice to the governing body in approximate
proportion to their total number or share of the population may be
relevant under Sect. 280.152.
(5) For the purpose of satisfying Sect. 280.151 or
Sect. 280.152, it is not necessary for the total number or share of
protected class members to exceed any numerical threshold in any
district or in the local government as a whole.
Sec. 280.154. NOTICE AND SAFE HARBOR
(a) Prior to filing an action against a local government
pursuant to this section, a prospective plaintiff must send a
written notification letter to the local government asserting that
the local government may be in violation of the provisions of this
act. Such letter shall be referred to as a “TXVRA Notification
Letter.”
(b) Except as noted in Sect. 280.154(f), no party may file
an action against a local government pursuant to this section
earlier than 50 days after sending a TXVRA Notification Letter to
the local government.
(c) Prior to receiving a notification letter, or not later
than fifty days after any notification letter is sent to a local
government, a local government may adopt a resolution, which shall
be referred to as a “TXVRA Resolution,” that does all of the
following:
(1) Identifies a potential violation of this section
by the local government;
(2) Identifies a specific remedy to the potential
violation;
(3) Affirms the local government’s intention to enact
and implement a remedy for a potential violation;
(4) Sets forth specific measures the local government
will take to facilitate enactment and implementation of the remedy;
and
(5) Provides a schedule for the enactment and
implementation of the remedy.
(d) Except as noted in Sect. 280.154(f), if a local
government adopts a TXVRA Resolution consistent with Sect.
280.154(c) following receipt of a TXVRA Notification Letter, the
party that sent the TXVRA Notification Letter may not file action
earlier than 140 days after sending the TXVRA Notification Letter.
(e) If the local government lacks authority to enact and
implement a remedy identified in a TXVRA Resolution, it may
nonetheless do so with approval of a court of appropriate
jurisdiction. The approval of a remedy by the TXVRA Commission does
not bar an action to challenge the remedy.
(f) Notwithstanding the provisions of Sect. 280.154, a
party may bring a cause of action for a violation of this section
under any of the following circumstances:
(1) The action is commenced within 1 year after the
adoption of the challenged method of election, ordinance,
resolution, rule, policy, standard, regulation, procedure, or law;
(2) The prospect of obtaining relief under this
Subchapter would be futile;
(3) Another party has already submitted a notification
letter under this subsection alleging a substantially similar
violation and that party is eligible to bring a cause of action
under this Sect. 280.154;
(4) Following the party’s submission of a TXVRA
Notification Letter, the local government has adopted a TXVRA
Resolution that identifies a remedy that would not remedy the
violation identified in the party’s notification letter; or
(5) The party is seeking preliminary relief with
respect to an upcoming election in accordance with section IX.
(c) Where there is evidence that more than one protected
class of eligible voters is politically cohesive in the local
government, members of each of those protected classes may be
combined for the purpose of consideration by the commission under
this section.
Sec. 280.155. LOCAL GOVERNMENTS MAY NOT ASSERT THE DOCTRINE
OF LACHES AS A DEFENSE TO CLAIMS BROUGHT UNDER THIS SECTION. LOCAL
GOVERNMENTS MAY NOT ASSERT THAT PLAINTIFFS HAVE FAILED TO COMPLY
WITH ANY NOTICE, EXHAUSTION, OR OTHER PROCEDURAL REQUIREMENTS UNDER
STATE LAW, OTHER THAN THE REQUIREMENTS IN THIS SUBCHAPTER, AS A
DEFENSE TO CLAIMS BROUGHT UNDER THIS SECTION.
SUBCHAPTER E: VOTER INTIMIDATION, DECEPTION, AND OBSTRUCTION
(a) A person, whether acting under color of law or
otherwise, may not engage in acts of intimidation, deception,
obstruction, force, coercion, or any other act(s) that has the
effect or will reasonably have the effect of interfering with an
individual’s right to vote or register to vote.
(b) A violation of this Subchapter includes, but is not
limited to, the following:
(1) The use of force or threats to use force, or the
use of any other intimidating conduct that causes a voter to feel
harassed, terrified, intimidated, annoyed, alarmed, abused,
tormented, embarrassed, or offended. Or causes a reasonable person
to feel harassed, terrified, intimidated, annoyed, alarmed,
abused, tormented, embarrassed, or offended.
(2) The knowing use of a deceptive or fraudulent
device, contrivance, or communication that causes or will
reasonably have the effect of causing interference with any
individual’s right to vote; or
(3) The obstruction of, impediment to, or other
interference with access to any early voting site, polling place,
mail ballot dropbox, residential mailbox or, or office of the
supervisor of elections in a manner that causes or will reasonably
have the effect of interfering with any individual’s right to vote
or causing any delay in voting or the voting process.
(c) In addition to any remedies that may be imposed under
Section IX whenever the court finds a violation of any provision of
this section, the court must order appropriate remedies that are
tailored to address the violation, including but not limited to
providing for additional time to vote at an election, primary, or
referendum, and awarding damages including but not limited to
punitive damages any violation.
SUBCHAPTER F. PRECLEARANCE
Sec. 280.201. APPLICABILITY OF SUBCHAPTER. (a) The
enactment or implementation of a covered policy by a covered
jurisdiction is subject to preclearance by the TXVRA Commission:
(1) any local government that, within the prior 25
years, has been subject to any court order, government enforcement
action, court-approved, consent decree, or any other settlement in
which the local government conceded liability, based on a violation
of:
(A) this act;
(B) the Voting Rights Act of 1965 (52 U.S.C.
Section 10101 et seq.);
(C) the Fifteenth Amendment to the United States
Constitution;
(D) a voting-related violation of the Fourteenth
Amendment to the United States Constitution; or
(E) any violation of any other state or federal
election law based upon discrimination against members of a
protected class;
(2) any local government that, within the prior 25
years, has been subject to any court order, court-approved consent
decree, or any other settlement in which the local government
conceded liability, based upon a violation of any state or federal
civil rights law or the Fourteenth Amendment to the United States
Constitution concerning discrimination against members of a
protected class before implementing a policy under Section 280.202
but failed to do so;
(3) any local government that, during the prior three
years, has failed to comply with that local government’s
obligations to provide data or information to the statewide
database pursuant to Section 280.254(f); or
(4) any local government that during the prior 25
years, was found to have enacted or implemented a covered policy
without obtaining preclearance for such covered policy pursuant to
this section; or
(5) any local government that:
(A) contains a population of eligible voters of
any protected class that numbers at least:
(i) 1,000; or
(ii) in which members of any protected
class constitute at least 10 percent of the eligible voter
population of the local government; and
(B) in which, in any year in the prior 10 years:
(i) the percentage of voters of any
protected class in a local government that participated in any
general election for any local government office is at least 10
percentage points lower than the percentage of all voters in the
local government that participated in such election; or
(ii) the percentage of eligible voters of
that protected class who were registered to vote was at least 10
percentage points lower than the percentage of all eligible voters
in the local government who were registered to vote; or
(iii) based on data made available by the
United States Census, the dissimilarity index of such protected
class, calculated using census tracts, is in excess of fifty with
respect to the race, color, or language-minority group that
comprises a plurality within the local government; or
(iv) the poverty rate among members of such
protected class exceeds the poverty rate among the population of
the local government as a whole by at least 10 percentage points; or
(6) any county that:
(A) contains a population of eligible voters of
any protected class that numbers at least:
(i) 1,000; or
(ii) in which members of any protected
class constitute at least 10 percent of the eligible voter
population of the local government; and
(B) in which, in any year in the prior 10 years:
(i) the arrest rate among members of such
protected class exceeds the arrest rate among the population of the
local government as a whole by at least 10 percentage points; or
(ii) the graduation rate of such protected
class is lower than the graduation rate of the entire district
student population by at least 10 percentage points.
(b) On an annual basis, the TXVRA Commission must determine
which local governments are covered jurisdictions and publish a
list of these local governments online.
(c) If a overed jurisdiction seeks preclearance from the
TXVRA Commission for the adoption or implementation of any covered
policy, the covered jurisdiction must submit the covered policy to
the TXVRA Commission in writing and may obtain preclearance in
accordance with the provisions of this subsection:
(1) The covered jurisdiction shall bear the burden of
proof in any preclearance determinations.
(2) The TXVRA Commission may deny preclearance to a
submitted covered policy only if it determines that:
(i) the covered policy is more likely than not to
diminish the opportunity or ability of protected class members to
participate in the political process and elect candidates of their
choice or otherwise influence the outcome of elections; or
(ii) the covered policy is more likely than not
to violate the provisions of this act.
(3) If the TXVRA Commission denies preclearance, the
applicable covered jurisdiction may not enact or implement the
covered policy. The TXVRA Commission shall provide written
explanation of any denial.
(4) If the TXVRA Commission grants preclearance to a
covered policy, the covered jurisdiction may immediately enact or
implement the covered policy. A determination by the TXVRA
Commission to grant preclearance may not be admissible in or
otherwise considered by a court in any subsequent action
challenging the covered policy. If the TXVRA Commission fails to
deny or grant preclearance to a submitted covered policy within the
time period sets forth pursuant to subsection (e)(5) of this
section, the covered policy is to be deemed precleared, and the
covered jurisdiction may enact or implement the covered policy.
(5) If a covered policy concerns the method of
election for a legislative body, districting or redistricting, the
number of seats on the legislative body, or annexation,
incorporation, dissolution, consolidation, or division of a local
government, the TXVRA Commission, shall review the covered policy,
including any public comment, and make a determination to deny or
grant preclearance within 60 days following the submission of the
covered policy. The TXVRA Commission may invoke up to two
extensions of 90 days each to make such a determination. For all
other covered policies, the TXVRA Commission, shall review the
covered policy, including any public comment, and make a
determination to deny or grant preclearance within 30 days
following the submission of the covered policy. The TXVRA
Commission may invoke an extension of 60 days to make such a
determination.
(6) Any denial of preclearance under this section may
be appealed only by the covered jurisdiction, and shall be filed in
the Third Judicial Circuit of Texas.
(d) Any aggrieved party pursuant to Subchapter J of this
Act, the director of the Database and Institute, the attorney
general, or the TXVRA Commission may file an action to enjoin
enactment or implementation and seek sanctions against the covered
jurisdiction for violations of this section. Such a claim may be
filed pursuant to the Texas Rules of Civil Practice and Procedure or
in the Third Judicial Circuit of Texas. A claim under this
subsection does not preclude, bar, or limit any other claims that
may be brought regarding the covered policy in any way, including
claims brought under other sections of this act.
(e) If the TXVRA Commission approves preclearance to a
covered policy in violation of this section, identifies or fails to
identify a list of local governments that are covered jurisdictions
in violation of Subchapter F of this act, or otherwise fails to
properly implement any of the provisions of this section, any
aggrieved party pursuant to Subchapter J of this Act, may file an
action seeking appropriate relief, including but not limited to
injunctive relief on the TXVRA Commission or any other party, as the
court deems necessary to effectuate the provisions of this section.
Such a claim may be filed pursuant to the Texas Rules of Civil
Practice and Procedure or in the Third Judicial Circuit of Texas. A
claim under this subsection does not preclude, bar, or limit any
other claims that may be brought regarding any covered policy in any
way, including claims brought under other sections of this act.
(f) TXVRA Commission must adopt regulations to effectuate
the provisions of this section, including regulations concerning
the content of and procedure for preclearance submissions,
procedures for public comment and transparency regarding
preclearance determinations, and procedures for expedited and
emergency preclearance determinations, which may deviate from the
timelines provided in subsection 280.254(f) of this section
provided that such preclearance determinations are preliminary.
SUBCHAPTER G. LANGUAGE ACCESS
(a) As used in this section, the term:
(1) “Limited English proficient individual” means an
individual who does not speak English as his or her primary language
and who speaks, reads, or understands the English language other
than “very well” in accordance with United States Census Bureau
data or data of comparable quality collected by a governmental
entity.
(2) “Native American” includes any person recognized
by the United States Census Bureau or the state as “American
Indian.”
(b) The TXVRA Commission must designate one or more
languages, other than English, for which assistance in voting and
elections must be provided in a local government if the TXVRA
Commission finds that a significant and substantial need exists for
such assistance.
(c) Based on the best available data, which may include
information from the United States Census Bureau’s American
Community Survey or data of comparable quality collected by a
governmental entity, the TXVRA Commission must find that a
significant and substantial need exists if:
(1) More than 2 percent, but no fewer than 200 citizens
of voting age, of a local government speak a language other than
English and are limited English proficient individuals; or
(2) More than 4,000 citizens of voting age of a local
government speak a language other than English and are limited
English proficient individuals.
(d) In the case of a local government that contains any part
of a Native American reservation, if more than 2 percent of the
Native American citizens of voting age within the Native American
reservation are proficient in a language other than English and are
limited English proficient individuals, the local government must
provide materials in such language.
(e) On an annual basis, the TXVRA Commission must publish on
its website a list of all of the following:
(1) Each local government in which assistance in
voting and elections in a language other than English must be
provided.
(2) Each language in which such assistance must be
provided in each local government.
(f) The TXVRA Commission’s determinations under this
section are effective upon publication, and the TXVRA Commission
must distribute this information to each affected local government.
(g) Whenever the TXVRA Commission determines that, pursuant
to this section, language assistance must be provided by a local
government, the local government must provide competent assistance
in each designated language and provide related materials in
English and in each designated language, including:
(1) voter registration or voting notices;
(2) forms, instructions, assistance, ballots or other
materials or information relating to the electoral process.
(h) However, in the case of a language that is oral or
unwritten, including historically unwritten languages, as may be
the case for some Native Americans, a local government may provide
only oral instructions, assistance, or other information on the
electoral process in such language.
(i) All materials provided in a designated language must be
of an equal quality to the corresponding English materials. All
provided translations must convey the intent and essential meaning
of the original text or communication and may not rely solely on
automatic translation services. If available, language assistance
must include live translation.
(j) The TXVRA Commission shall also establish a review
process under which the TXVRA Commission determines, upon receipt
of a request submitted under this subsection, whether a significant
and substantial need exists in a local government for a language to
be designated for language access and assistance in voting and
elections whenever such a need has not otherwise been found under
this Subchapter. Such process shall include, at a minimum:
(1) an opportunity for any voter or entity to submit a
request for the Commission to consider designating a language in a
local government;
(2) an opportunity for public comment; and
(3) a procedure ensuring that upon receipt of any such
request and consideration of any public comment, the TXVRA
Commission may, in accordance with the process for making this
determination, determine that language assistance must be provided
by a local government.
(k) Any aggrieved party pursuant to Subchapter I of this
Act, the attorney general, or the TXVRA Commission may file an
action alleging a violation of this section to enforce compliance
with this section. Such a claim may be filed pursuant to the Texas
Rules of Civil Practice and Procedure or in the Third Judicial
Circuit of Texas.
SUBCHAPTER H. TEXAS VOTING AND ELECTION INSTITUTE
Sec. 280.251. DEFINITION. In this subchapter, “database and
institute” means the Texas Voting and Elections Database and
Institute created by this subchapter.
Sec. 280.252. CREATION OF DATABASE AND INSTITUTE. (a) The
TXVRA commission shall enter into an agreement with one or more
universities in this state to create the Texas Voting and Elections
Database and Institute to maintain and administer a central
repository of elections and voting data available to the public
from all local governments in this state and to foster, pursue, and
sponsor research on existing laws and best practices in voting and
elections.
(b) The agreement described by Subsection (a) shall enter
into a memorandum of understanding that includes the process for
selecting the director of the database and institute.
Sec. 280.253. POWERS AND DUTIES OF DATABASE AND INSTITUTE.
(a) The database and institute shall:
(1) provide a center for research, training, and
information on voting systems and election administration; and
(2) provide nonpartisan technical assistance to local
governments, scholars, and the general public seeking to use the
resources of the database and institute created under Section
280.254.
(b) The database and institute may:
(1) conduct classes both for credit and noncredit;
(2) organize interdisciplinary groups of scholars to
research voting and elections in this state;
(3) conduct seminars involving voting and elections;
(4) assist in the dissemination of election data to
the public; and
(5) publish books and periodicals as the database and
institute considers appropriate on voting and elections in this
state.
Sec. 280.254. ELECTION DATABASE. (a) The database and
institute shall establish a nonpartisan centralized database in
order to collect, archive, and make publicly available at no cost an
accessible database pertaining to elections, voter registration,
and ballot access in this state.
(b) The data, information, and estimates maintained by the
database and institute must be posted online and made available to
the public at no cost.
(c) The database and institute shall maintain in an
electronic format and make available all relevant election and
voting data and records for at least the previous 12-year period.
The data and records that must be maintained include, but are not
limited to, all of the following:
(1) population data that:
(A) includes estimates of the total population,
voting age population, and citizen voting age population by racial,
color, or language minority group and disability status; and
(B) is broken down to the precinct-level data, on
a year-by-year basis, for every local government in this state; and
(C) is based on data from the United States
Census Bureau, American Community Survey, or data of comparable
quality collected by a public office;
(2) election results at the precinct level for every
federal, state, and local election held in every local government
in this state;
(3) contemporaneous voter registration lists, voter
history files, election day polling places, and absent voter ballot
drop box locations for every election in every local government in
this state;
(4) contemporaneous maps or other documentation of the
configuration of precincts;
(5) election day polling places, including, but not
limited to, lists of precincts assigned to each polling place, if
applicable;
(6) adopted districting or redistricting plans for
every election in every local government in this state;
(7) any other data that the director of the database
and institute considers necessary to maintain in furtherance of the
purposes of the database and institute.
(d) Any maps, election day polling places, and absentee
voter ballot drop box locations must be made available in a
geospatial file format.
(e) The database and institute shall prepare any estimates
made under this section by applying the most advanced,
peer-reviewed, and validated methodologies available for the
purposes of this subchapter.
(f) All state agencies and local governments shall timely
provide the director of the database and institute with any
information requested by the director of the database and
institute. No later than 90 days after an election, each local
government shall transmit to the database and institute copies of
all of the following:
(1) election results at the precinct level;
(2) contemporaneous voter registration lists;
(3) state voter file;
(4) maps, descriptions, and shapefiles for election
districts;
(5) lists of election day polling places, shapefiles,
or descriptions of the precincts assigned to each election day
polling place; and
(6) any other data as requested by the database and
institute.
(g) At least annually or upon the request by the director of
the database and institute, any state entity identified by the
director of the database and institute as possessing data,
statistics or other information that the database and institute
requires to carry out its duties and responsibilities, shall
provide to the database and institute such data, statistics or
information.
(h) Any aggrieved party pursuant to Subchapter I of this
act, the director of the database and institute, the attorney
general, or the TXVRA Commission may file an action to enforce
compliance with this section. Such a claim may be filed pursuant to
the Texas Rules of Civil Practice and Procedure or in the Third
Judicial Circuit.
(i) No later than 90 days following the end of each state
fiscal year, the database and institute shall publish a report on
the priorities and finances of the database and institute.
(j) The database and institute shall provide nonpartisan
technical assistance to local governments, researchers, and
members of the public seeking to use the resources of the statewide
database.
(k) There shall be a rebuttable presumption that the data,
estimates, or other information maintained by the database and
institute is valid.
SUBCHAPTER I. VOTER EDUCATION FUND
Sec. 280.301. VOTER EDUCATION FUND. (a) The TXVRA
commission shall create and administer a voter education fund under
this section.
(b) The TXVRA shall expend money from the fund for one or
more of the following purposes:
(1) cover the operational and administrative costs of
the commission;
(2) developing and distributing educational materials
on voting rights and the voting process, including information on:
(A) voter registration;
(B) voting by mail; and
(C) polling place accessibility;
(3) conducting public education campaigns to:
(A) inform voters about changes to voting laws,
election procedures, or polling locations; and
(B) counteract false or misleading information
about voting;
(4) providing training and resources to local election
officials, poll workers, and volunteers on how to ensure fair and
equitable access to the ballot for all eligible voters;
(5) establishing and maintaining voter hotlines,
online portals, or other mechanisms for:
(A) voters to report incidents of voter
intimidation, suppression, or discrimination; and
(B) an election official to respond to a report
made under Paragraph (A);
(6) supporting voter outreach efforts targeted at
historically underrepresented communities, including, but not
limited to,:
(A) members of protected classes;
(B) low-income individuals;
(C) youth; and
(D) people with disabilities;
(7) providing grants to community-based
organizations, civic groups, and civil rights organizations to
conduct voter education and mobilization activities (such as voter
registration drives, candidate forums, and get-out-the-vote
campaigns) or to engage in non-partisan advocacy, litigation, or
other legal actions to protect voting rights, challenge
discriminatory voting practices, or seek redress for victims of
voter suppression or intimidation;
(8) partnering to develop and implement nonpartisan
curricula on civic engagement, voting, and the importance of
participating in the democratic process; and
(9) funding research and evaluation projects to:
(A) assess the impact of voter education and
outreach efforts on voter participation and civic engagement; and
(B) identify best practices for improving access
to the ballot.
SUBCHAPTER J. STANDING
(a) An action to cure a violation of this title may be
brought by any individual or entity aggrieved by a violation of this
Act.
(b) An entity aggrieved by a violation of this section
includes, but is not limited to, any entity (1) whose membership
includes individuals aggrieved by a violation of this section; or
(2) whose mission would be frustrated by a violation of this
section, including but not limited to an entity who would expend or
divert resources to fulfill its mission as a result of such
violation or who must expend greater resources or efforts to
advocate before an elected body that is less responsive to the
entity or its members due to the alleged violation. An entity shall
not be compelled to disclose the identity of any specific member to
pursue a claim on behalf of its members.
(c) In an action involving a districting plan, any
individual who resides in the defendant jurisdiction and is a
member of the affected protected class or classes, whether or not
they reside in any particular district, may challenge the
districting plan as a whole.
(d) This section shall be construed liberally to confer
standing as broadly as the State Constitution permits.
SUBCHAPTER K. SEVERABILITY
(a) To the extent any provision of this Act, including any
legal standard or requirement, or any section, subsection,
paragraph, subparagraph, sentence, or other portion of this Act,
may be construed or applied in a manner that is unconstitutional or
otherwise invalid, such provision must always be construed or
applied in a constitutional and valid manner.
(b) To the extent any provision of this Act is held invalid
for any reason, such invalidity must be construed as narrowly as
possible and must not affect other provisions or applications of
this Act that can be given effect without the invalid provision, and
to this end the provisions of this Act are severable.
SUBCHAPTER L. REMEDIES
(a) Whenever a court finds a violation by of any provision
of this act, such court shall order appropriate remedies,
notwithstanding any other law, that are tailored to address such
violation and to ensure protected class members have equitable
opportunities to fully participate in the political process and
that can be implemented in a manner that will not unduly disrupt the
administration of an ongoing or imminent election. Appropriate
remedies may include, but need not be limited to:
(1) a new or revised method of election;
(2) new or revised districting or redistricting plans;
(3) elimination of staggered elections so that all
members of the legislative body are elected at the same time;
(4) reasonably increasing the size of the legislative
body;
(5) additional voting days or hours;
(6) additional polling places and/or early voting
sites;
(7) additional opportunities to return ballots;
(8) holding of special elections;
(9) expanded opportunities for voter registration;
(10) additional voter education;
(11) the restoration or addition of individuals to
registry lists; or
(12) retaining jurisdiction for such period of time as
the court may deem appropriate.
(b) The court shall consider remedies proposed by any
parties to the action or by interested nonparties. The court may
not give deference or priority to a proposed remedy because it is
proposed by the state or local government.
(c) Notwithstanding the Texas Rules of Civil Procedure or
any other provision of Texas Statutes, the court shall grant a
temporary injunction and any other preliminary relief requested
under this section with respect to an upcoming election if the court
determines that the party is more likely than not to succeed on the
merits and it is possible to implement an appropriate temporary
remedy that would resolve the violation alleged under this section
before the election.
(d) Any prevailing party in any action or proceeding brought
under this Act is entitled to reasonable attorneys’ fees and costs,
including expert witness fees and other pre-litigation and
litigation expenses.
(e) For the purpose of this Act, the term “prevailing party”
includes any plaintiff or prospective plaintiff:
(1) who obtains some of their requested relief through
a judicial judgment in their favor;
(2) who obtains some of their requested relief through
any settlement agreement approved by the court;
(3) or whose pursuit of a non-frivolous claim or
notice of a claim following the procedure pursuant to Section
III(d) of this Act was a catalyst for a unilateral change in
position by the opposing party relative to the relief sought.
(f) To the extent parties are unable to come to mutual
agreement, any party may file a motion or action for clarification
of rights.
(g) Another method of election or changes to the existing
method of election that could be constitutionally adopted or
ordered under this section would likely mitigate the impairment.
SECTION 2. This Act takes effect September 1, 2025.
