By: Chavez H.B. No. 2464
A BILL TO BE ENTITLED
AN ACT
RELATING TO INTERGOVERNMENTAL AFFAIRS BETWEEN THE STATE OF TEXAS
AND FEDERALLY RECOGNIZED INDIAN TRIBES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
Section 1. Chapter 405, Government Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. STATE TRIBAL COLLABORATION ACT
Sec. 405.151. SHORT TITLE.--This act may be cited as the
"State-Tribal Collaboration Act."
Sec. 405.152. DEFINITIONS.--As used in the State-Tribal
Collaboration Act:
A. "American Indian or Alaska Native" means:
(1) individuals who are members of any federally
recognized Indian tribe;
(2) individuals who would meet the definition of
"Indian" pursuant to 18 USC 1153; or
(3) individuals who have been deemed eligible for
services and programs provided to American Indians and Alaska
Natives by the United States public health service, the bureau of
Indian affairs or other federal programs;
B. "Indian tribe" located wholly or partially in Texas; and
C. "state agency" means an agency, department or office of
the state of Texas.
Sec. 405.153. COLLABORATION WITH INDIAN TRIBES.--
A. By December 31, 2009, every state agency shall develop
and implement a policy that:
(1) promotes effective communication and
collaboration between the state agency and Indian tribes;
(2) promotes positive government-to-government
relations between the state and Indian tribes;
(3) promotes cultural competency in providing
effective services to American Indians or Alaska Natives; and
(4) establishes a method for notifying employees of
the state agency of the provisions of the State-Tribal
Collaboration Act and the policy that the state agency adopts
pursuant to this section.
B. In the process for developing the policy set forth in
Subsection A of this section, state agencies shall consult with
representatives designated by the Indian tribes.
C. A state agency shall collaborate with Indian tribes in
the development and implementation of policies, agreements and
programs of the state agency that directly affect American Indians
or Alaska Natives.
D. Every state agency shall dedicate a full-time-equivalent
position as a tribal liaison, who reports directly to the office of
the head of the state agency, to:
(1) assist the head of the state agency with
developing and ensuring the implementation of the policy as set
forth in Subsection A of this section;
(2) serve as a contact person who shall maintain
ongoing communication between the state agency and affected Indian
tribes; and
(3) ensure that training is provided to the Staff of
the state agency as set forth in Subsection B of Section 4 of the
State-Tribal Collaboration Act. Nothing in this subsection shall
preclude tribal liaisons from providing or facilitating additional
training.
Sec. 405.154. ANNUAL SUMMIT--TRAINING OF STATE
EMPLOYEES--ANNUAL REPORTS.
A. At least once a year, during the third quarter of the
state's fiscal year, the governor shall meet with the leaders of
Indian tribes in a state-tribal summit to address issues of mutual
concern.
B. All state agency managers and employees who have ongoing
communication with Indian tribes shall complete a training provided
by the state personnel office with assistance from the Indian
affairs department, which training supports:
(1) the promotion of effective communication and
collaboration between state agencies and Indian tribes
(2) the development of positive state-tribal
government-to-government relations; and
(3) cultural competency in providing effective
services to American Indian or Alaska Natives.
C. No later than July 31 of every year, a state agency shall
submit a report to the Governor on the activities of the state
agency pursuant to the State-Tribal Collaboration Act This report
shall include:
(1) the policy the state agency adopted pursuant to
the State-Tribal Collaboration Act;
(2) the names of and contact information for the
individuals in the state agency who are responsible for developing
and implementing programs of the state agency that directly affect
American Indians or Alaska Natives;
(3) the current and planned efforts of the state
agency to implement the policy set forth in Subsection A of this
section;
(4) a certification by the state personnel office of
the number of managers and employees if each state agency who have
completed the training required by Subsection B of this section;
(5) a description of current and planned programs and
services provided to or directly affecting American Indians or
Alaska Natives and the amount of funding for each program; and
(6) the method the state agency established for
notifying employees of the state agency of the provisions of the
State-Tribal Collaboration Act.
Sec. 405.155. RIGHT OF ACTION.--Nothing in the State-Tribal
Collaboration Act creates a right of action against a state agency
or a right of review of an action of a state agency or waive State or
Tribal Immunity.
Sec. 405.156. SEVERABILITY.--If any part or application of
this act is held invalid, the remainder or its application to other
situations or persons shall not be affected.
Section 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.