Texas 2009 - 81st Regular

Texas House Bill HB2464 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Chavez H.B. No. 2464
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	RELATING TO INTERGOVERNMENTAL AFFAIRS BETWEEN THE STATE OF TEXAS
7	7	AND FEDERALLY RECOGNIZED INDIAN TRIBES.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	Section 1. Chapter 405, Government Code, is amended by
10	10	adding Subchapter D to read as follows:
11	11	SUBCHAPTER D. STATE TRIBAL COLLABORATION ACT
12	12	Sec. 405.151. SHORT TITLE.--This act may be cited as the
13	13	"State-Tribal Collaboration Act."
14	14	Sec. 405.152. DEFINITIONS.--As used in the State-Tribal
15	15	Collaboration Act:
16	16	A. "American Indian or Alaska Native" means:
17	17	(1) individuals who are members of any federally
18	18	recognized Indian tribe;
19	19	(2) individuals who would meet the definition of
20	20	"Indian" pursuant to 18 USC 1153; or
21	21	(3) individuals who have been deemed eligible for
22	22	services and programs provided to American Indians and Alaska
23	23	Natives by the United States public health service, the bureau of
24	24	Indian affairs or other federal programs;
25	25	B. "Indian tribe" located wholly or partially in Texas; and
26	26	C. "state agency" means an agency, department or office of
27	27	the state of Texas.
28	28	Sec. 405.153. COLLABORATION WITH INDIAN TRIBES.--
29	29	A. By December 31, 2009, every state agency shall develop
30	30	and implement a policy that:
31	31	(1) promotes effective communication and
32	32	collaboration between the state agency and Indian tribes;
33	33	(2) promotes positive government-to-government
34	34	relations between the state and Indian tribes;
35	35	(3) promotes cultural competency in providing
36	36	effective services to American Indians or Alaska Natives; and
37	37	(4) establishes a method for notifying employees of
38	38	the state agency of the provisions of the State-Tribal
39	39	Collaboration Act and the policy that the state agency adopts
40	40	pursuant to this section.
41	41	B. In the process for developing the policy set forth in
42	42	Subsection A of this section, state agencies shall consult with
43	43	representatives designated by the Indian tribes.
44	44	C. A state agency shall collaborate with Indian tribes in
45	45	the development and implementation of policies, agreements and
46	46	programs of the state agency that directly affect American Indians
47	47	or Alaska Natives.
48	48	D. Every state agency shall dedicate a full-time-equivalent
49	49	position as a tribal liaison, who reports directly to the office of
50	50	the head of the state agency, to:
51	51	(1) assist the head of the state agency with
52	52	developing and ensuring the implementation of the policy as set
53	53	forth in Subsection A of this section;
54	54	(2) serve as a contact person who shall maintain
55	55	ongoing communication between the state agency and affected Indian
56	56	tribes; and
57	57	(3) ensure that training is provided to the Staff of
58	58	the state agency as set forth in Subsection B of Section 4 of the
59	59	State-Tribal Collaboration Act. Nothing in this subsection shall
60	60	preclude tribal liaisons from providing or facilitating additional
61	61	training.
62	62	Sec. 405.154. ANNUAL SUMMIT--TRAINING OF STATE
63	63	EMPLOYEES--ANNUAL REPORTS.
64	64	A. At least once a year, during the third quarter of the
65	65	state's fiscal year, the governor shall meet with the leaders of
66	66	Indian tribes in a state-tribal summit to address issues of mutual
67	67	concern.
68	68	B. All state agency managers and employees who have ongoing
69	69	communication with Indian tribes shall complete a training provided
70	70	by the state personnel office with assistance from the Indian
71	71	affairs department, which training supports:
72	72	(1) the promotion of effective communication and
73	73	collaboration between state agencies and Indian tribes
74	74	(2) the development of positive state-tribal
75	75	government-to-government relations; and
76	76	(3) cultural competency in providing effective
77	77	services to American Indian or Alaska Natives.
78	78	C. No later than July 31 of every year, a state agency shall
79	79	submit a report to the Governor on the activities of the state
80	80	agency pursuant to the State-Tribal Collaboration Act This report
81	81	shall include:
82	82	(1) the policy the state agency adopted pursuant to
83	83	the State-Tribal Collaboration Act;
84	84	(2) the names of and contact information for the
85	85	individuals in the state agency who are responsible for developing
86	86	and implementing programs of the state agency that directly affect
87	87	American Indians or Alaska Natives;
88	88	(3) the current and planned efforts of the state
89	89	agency to implement the policy set forth in Subsection A of this
90	90	section;
91	91	(4) a certification by the state personnel office of
92	92	the number of managers and employees if each state agency who have
93	93	completed the training required by Subsection B of this section;
94	94	(5) a description of current and planned programs and
95	95	services provided to or directly affecting American Indians or
96	96	Alaska Natives and the amount of funding for each program; and
97	97	(6) the method the state agency established for
98	98	notifying employees of the state agency of the provisions of the
99	99	State-Tribal Collaboration Act.
100	100	Sec. 405.155. RIGHT OF ACTION.--Nothing in the State-Tribal
101	101	Collaboration Act creates a right of action against a state agency
102	102	or a right of review of an action of a state agency or waive State or
103	103	Tribal Immunity.
104	104	Sec. 405.156. SEVERABILITY.--If any part or application of
105	105	this act is held invalid, the remainder or its application to other
106	106	situations or persons shall not be affected.
107	107	Section 7. This Act takes effect immediately if it receives
108	108	a vote of two-thirds of all the members elected to each house, as
109	109	provided by Section 39, Article III, Texas Constitution. If this
110	110	Act does not receive the vote necessary for immediate effect, this
111	111	Act takes effect September 1, 2009.