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. 


ATTACHMENTS