The Process
The Census Report was to be sent to the President of the US by 12/31/20, and then to the states by April 30, 2021. Historically, Texas Legislators have received the Census sometime in February. However, due to the delays caused by COVID-19, the delivery of the Census Report to Texas will be delayed until September, according to the US Census Bureau.
Based on the US Census Bureau’s estimates of a shift in population, Texas could receive three or more additional seats in the US House as a result of the 2020 census, increasing Texas’s representation in the US House from 36 to 39 seats.
Redistricting bills must be filed by the Texas legislators by March 12, 2021. Those bills which include the redistricting maps are likely to be completed long after that date due to the delay in receiving the Census data. The Governor must sign or veto the voting district plan that is passed by the legislators by June 20, 2021.
According to attorneys for the Senate Special Committee on Redistricting, because the Census will not be received by the Committee until after the Regular Session, there will be no opportunity for the Legislators to draw the maps. Therefore, both the Congressional and the Texas maps, based on the 2020 Census, will be drawn by the Legislators during a Special Session, and not by the Legislative Redistricting Board (LRB).
If the 2020 the Census were to be received during the Regular Session and the maps be drawn but not approved by the Governor during that Session, the Texas Legislative Redistricting Board (LRB) would be required to assemble within 90 days of the 87th legislative Regular Session adjournment to draw the Texas maps. The LRB would then have 60 days afterward to submit a plan for the governor’s approval. The LRB, appointed by the governor, is comprised of: Lieutenant Governor, Attorney General, Commissioner of the General Land Office, the Comptroller of Public Accounts, and the House Majority leader. Regarding the drawing of the Congressional maps, if the Congressional maps are not drawn and signed by Governor Abbott, he is required to call a special session of the legislators to draw the US Congressional maps.
The timing of the drawing of the maps and approval by Governor Abbott will create timing issues relating to the 2022 elections. Senator Joan Huffman has authored SB 1822 which relates to the postponement of certain dates relating to elections to be held in 2022.
The only requirement for the Texas voting district lines is that they must be contiguous for both the Texas Senate and House districts. The Texas State House lines must also follow county boundaries whenever possible. There are no requirements regarding the shape of the Congressional voting districts. There is no deadline for completion of the drawing and adoption of the plan.