81R446 MTB-F
By: Leibowitz H.B. No. 619
A BILL TO BE ENTITLED
AN ACT
relating to state acknowledgment of Native American tribes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle E, Title 4, Government Code, is amended
by adding Chapter 463 to read as follows:
CHAPTER 463. STATE ACKNOWLEDGMENT OF NATIVE AMERICAN TRIBES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 463.001. DEFINITIONS. In this chapter:
(1) "Autonomous" means exercising political influence
or authority independent of the control of any other Indian
governing entity. The term must be understood in the context of the
history, geography, culture, and social organization of a
petitioner.
(2) "Community" means any group of people that can
demonstrate that consistent interactions and significant social
relationships exist within its membership and that its members are
differentiated from and identified as distinct from nonmembers.
The term must be understood in the context of the history,
geography, culture, and social organization of a petitioner.
(3) "Continuously" or "continuous" means extending
from first sustained contact with non-Indians throughout a group's
history to the present, substantially without interruption.
(4) "Documented petition" means the detailed
arguments made by a petitioner to substantiate its claim to
continuous existence as an Indian tribe, together with the factual
exposition and all documentary evidence necessary to demonstrate
that these arguments address the mandatory criteria in Subchapter
D.
(5) "Historically," "historical," or "history" for
purposes of this chapter means the period dating from first
sustained contact with non-Indians.
(6) "Indian group" means a Native American aggregation
in the United States.
(7) "Indian tribe" or "tribe" means a Native American
tribe, band, pueblo, village, or community in the United States
that the United States secretary of the interior acknowledges to
exist as an Indian tribe.
(8) "Indigenous" means native to this state in that at
least part of the petitioner's territory at the time of first
sustained contact with non-Indians extended into what is now this
state.
(9) "Informed party" means a person, other than an
interested party, who requests an opportunity to submit comments or
evidence or requests to be kept informed of general actions
regarding a specific petitioner.
(10) "Interested party" means a person who can
establish a legal, factual, or property interest in an
acknowledgment determination and who requests an opportunity to
submit comments or evidence or requests to be kept informed of
general actions regarding a specific petitioner. The term includes
the governor and attorney general and may include local governments
and any recognized Indian tribes or unrecognized Indian groups that
might be affected by an acknowledgment determination.
(11) "Letter of intent" means a letter or resolution
without supporting documentation by which an Indian group requests
acknowledgment as an Indian tribe under this chapter and expresses
its intent to submit a documented petition.
(12) "Member of an Indian group" means an individual
who is recognized by an Indian group as meeting its membership
criteria and who consents to being listed as a member of that group.
(13) "Member of an Indian tribe" means an individual
who meets the membership requirements of the tribe as set forth in
its governing document or, in the absence of such a document, has
been recognized as a member collectively by those persons
constituting the tribal governing body and has consistently
maintained tribal relations with the tribe or is listed on any
tribal rolls.
(14) "Petitioner" means an entity that has submitted a
letter of intent to the governor requesting acknowledgment that it
is an Indian tribe.
(15) "Political influence or authority" means a tribal
council, leadership, internal process, or other mechanism that a
group has used to influence or control the behavior of its members
in significant respects, to make decisions for the group that
substantially affect its members, or to represent the group in
dealing with nonmembers in matters of consequence. This process is
to be understood in the context of the history, culture, and social
organization of a petitioner.
(16) "Tribal relations" means participation by an
individual in a political and social relationship with an Indian
tribe.
(17) "Tribal roll" means a list of members of an Indian
group or tribe.
Sec. 463.002. APPLICABILITY; ELIGIBILITY. This chapter
applies only to Indian groups indigenous to this state:
(1) that can establish a substantially continuous
tribal existence; and
(2) that have functioned as autonomous entities
throughout history until the present.
Sec. 463.003. EXEMPTION. This chapter does not apply to:
(1) an Indian group indigenous to this state that was
previously acknowledged as an Indian tribe of this state as of
September 1, 2009;
(2) Indian groups acknowledged by and receiving
benefits from the federal Bureau of Indian Affairs as Indian
tribes, bands, or communities;
(3) associations, organizations, corporations, or
groups of any character that have been formed in recent times,
except that an Indian group that meets the criteria in Subchapter D
and that has recently incorporated or otherwise formalized its
existing autonomous political process will be viewed as having
changed its form in a manner that has no bearing on the state's
final determination under this chapter;
(4) splinter groups, political factions, communities,
or groups of any character that separate from the main body of a
currently acknowledged Indian tribe, except for a group that can
establish clearly that it has functioned throughout history until
the present as an autonomous tribal entity, even though it has been
regarded by some as a chapter of or has been associated in some
manner with an acknowledged North American Indian tribe;
(5) groups that previously petitioned and were denied
state acknowledgment under this chapter, including reorganized or
reconstituted petitioners that were previously denied, or splinter
groups, spin-offs, or component groups of any type that were once
part of a petitioner that was previously denied; or
(6) persons who are the subject of a state statute that
has expressly terminated or forbidden acknowledgement by the state
as an Indian tribe.
[Sections 463.004-463.050 reserved for expansion]
SUBCHAPTER B. GENERAL POWERS AND DUTIES OF GOVERNOR AND
PETITIONERS
Sec. 463.051. LIST OF STATE-ACKNOWLEDGED TRIBES. At least
once every three years, the governor shall publish in the Texas
Register a list of all Indian tribes acknowledged by the state under
this chapter.
Sec. 463.052. AVAILABILITY OF GUIDELINES. (a) Not later
than January 1 of each odd-numbered year, the governor shall make
available revised and expanded guidelines for the preparation of
documented petitions.
(b) The guidelines must include:
(1) an explanation of the criteria and other
provisions of this chapter;
(2) a discussion of the types of evidence that may be
used to demonstrate particular criteria are met;
(3) an example of a documented petition; and
(4) general suggestions and guidelines on how and
where to conduct research.
(c) The guidelines may be supplemented or updated as
necessary. The example of a documented petition format, while
preferable for use in a documented petition, does not preclude the
use of any other format.
Sec. 463.053. ADVICE FOR PETITIONERS. (a) The office of
the governor shall, on request, provide petitioners with
suggestions and advice regarding preparation of a documented
petition.
(b) The state is not responsible for performing research on
behalf of a petitioner.
Sec. 463.054. NOTICE IN TEXAS REGISTER; MAILING NOTICE.
Any notice that under this chapter must be published in the Texas
Register shall also be mailed to the petitioner and to other
interested parties on request.
Sec. 463.055. FILING LETTER OF INTENT. (a) An Indian group
in this state that wishes to be acknowledged as an Indian tribe by
this state and believes it can satisfy the criteria prescribed by
Subchapter D may file a letter of intent with the governor. The
letter must be dated and signed by the governing body of the Indian
group.
(b) A letter of intent may be filed with or before a group's
documented petition is filed.
Sec. 463.056. CONTACT AFTER LETTER OF INTENT. After an
Indian group has filed a letter of intent requesting state
acknowledgment as an Indian tribe and until that group has actually
submitted a documented petition, the governor may contact the group
periodically and request clarification, in writing, of its intent
to continue with the petitioning process.
Sec. 463.057. DISTRIBUTION OF LAW. Not later than January 1
of each odd-numbered year, the governor shall provide a copy of this
chapter to each person that has submitted a documented petition or a
letter of intent.
[Sections 463.058-463.100 reserved for expansion]
SUBCHAPTER C. DOCUMENTED PETITION PROCEDURE
Sec. 463.101. FORM OF PETITION. (a) A documented petition
may be submitted to the governor in any readable form that contains
detailed, specific evidence to support a request to the governor to
acknowledge tribal existence.
(b) The documented petition must include a certification
that is signed and dated by members of the group's governing body
and states that it is the group's official documented petition.
Sec. 463.102. CONTENT OF PETITION. (a) The documented
petition must demonstrate that the petitioner satisfies the
criteria prescribed by Subchapter D.
(b) The documented petition must include thorough
explanations and supporting documentation for each criterion and
must use and demonstrate an understanding of applicable definitions
contained in Section 463.001.
Sec. 463.103. GOVERNING DOCUMENT OR PROCEDURES; MEMBERSHIP
CRITERIA. The petition must include a copy of the group's present
governing document, including its membership criteria. In the
absence of a written document, the petitioner must provide a
statement describing in full its membership criteria and current
governing procedures.
Sec. 463.104. MEMBERSHIP LIST; STATEMENT. (a) The
petition must include a copy of the group's official membership
list, separately certified by the group's governing body. The list
must include all known current members of the group.
(b) The list must include each member's:
(1) full name, including any maiden name;
(2) date of birth; and
(3) current residential address.
(c) The petitioner must also provide:
(1) a copy of each available former list of persons who
were members based on the group's own defined criteria;
(2) a statement describing the circumstances
surrounding the preparation of the current list; and
(3) to the extent possible, the circumstances
surrounding the preparation of former lists.
Sec. 463.105. FORMS OF EVIDENCE FOR PETITION. The specific
forms of evidence listed together with the criteria prescribed by
Subchapter D are not mandatory forms of evidence. The criteria may
be met alternatively by any suitable evidence that demonstrates
that the petitioner meets the criteria.
Sec. 463.106. STANDARDS FOR REVIEWING PETITION. (a) The
governor shall consider a criterion satisfied by a petition if the
available evidence establishes a reasonable likelihood that the
criterion has been met. Conclusive proof of the facts relating to a
criterion is not required for the criterion to be considered met.
(b) The governor shall take into account:
(1) historical situations and periods for which
evidence is demonstrably limited or not available; and
(2) limitations inherent in demonstrating the
historical existence of community and political influence or
authority.
(c) Existence of community and political influence or
authority must be demonstrated on a substantially continuous basis,
not at every point in time.
(d) The governor may not deny an acknowledgment based on
fluctuations in tribal activity during the years.
(e) The governor shall interpret the criteria prescribed by
Subchapter D as applying to tribes or groups that have historically
combined and functioned as a single autonomous political entity.
Sec. 463.107. DENIAL OF PETITION. The governor may deny a
petition:
(1) if the evidence available demonstrates that the
petitioner does not meet one or more of the criteria; or
(2) if there is insufficient evidence that the
petitioner meets one or more of the criteria.
[Sections 463.108-463.150 reserved for expansion]
SUBCHAPTER D. MANDATORY CRITERIA FOR STATE ACKNOWLEDGMENT
Sec. 463.151. IDENTIFICATION AS AMERICAN INDIAN ENTITY.
(a) The petitioner must be identified as an American Indian entity
on a substantially continuous basis since 1900.
(b) Evidence that the group's character as an Indian entity
has from time to time been denied is not conclusive evidence that
this criterion has not been met.
(c) Evidence that may be considered in determining a group's
Indian identity may include:
(1) evidence of the group's:
(A) identification as an Indian entity by state
authorities;
(B) relationships with colonists or governments
based on identification of the group as Indian, including the
governments of Spain, France, Mexico, or Texas;
(C) dealings with a county or other local
government in a relationship based on the group's Indian identity;
(D) identification as an Indian entity by
anthropologists, historians, or other scholars;
(E) identification as an Indian entity in
newspapers and books; and
(F) identification as an Indian entity in
relationships with Indian tribes or with national, regional, or
state Indian organizations; and
(2) any other evidence of the group's identification
as an Indian entity by other than the petitioner itself or its
members.
Sec. 463.152. DISTINCT COMMUNITY. (a) A predominant
portion of the petitioning group must constitute a distinct
community and have existed as a community from historical times
until the present.
(b) Evidence that the petitioner meets the definition of
community in Section 463.001 includes:
(1) significant social relationships connecting
individual members;
(2) significant rates of informal social interactions
that exist broadly among group members;
(3) a significant degree of shared or cooperative
labor or other economic activity among the membership;
(4) evidence of strong patterns of discrimination by
or other social distinctions made by nonmembers;
(5) shared sacred or secular ritual activity
encompassing most of the group;
(6) cultural patterns shared among a significant
portion of the group that differ in more than symbolic fashion from
those of the non-Indian populations with whom it interacts,
including language, kinship organization, and religious beliefs
and practices; and
(7) the persistence of a named, collective Indian
identity continuously over a period of more than 50 years despite
any name changes for the group.
(c) A demonstration of historical political influence under
Section 463.153 is evidence demonstrating historical community.
(d) A petitioner may demonstrate sufficient evidence of
community by showing:
(1) that more than 50 percent of the members reside in
a geographical area exclusively or almost exclusively composed of
group members, and the balance of the group maintains consistent
interaction with some members of the community;
(2) that at least 50 percent of the group members
maintain distinct cultural patterns such as language, kinship
organization, or religious beliefs and practices;
(3) the presence of distinct community social
institutions encompassing most of the members, such as kinship
organizations, formal or informal economic cooperation, or
religious organizations; or
(4) that the group has met the criterion in Section
463.153 using evidence described in Section 463.153(c).
Sec. 463.153. POLITICAL INFLUENCE AS AUTONOMOUS ENTITY.
(a) The petitioner must have maintained political influence or
authority over its members as an autonomous entity from historical
times until the present.
(b) The petitioner may demonstrate that it meets this
criterion by showing some combination of the evidence listed below
or by other evidence that the petitioner meets the definition of
political influence or authority in Section 463.001:
(1) the group is able to mobilize significant numbers
of members and significant resources from its members for group
purposes;
(2) most of the membership considers issues acted on
or actions taken by group leaders or governing bodies to be of
importance;
(3) there is widespread knowledge, communication, and
involvement in political processes by most of the group's members;
(4) the group meets the criterion in Section
463.152(d) at more than a minimal level; or
(5) there are internal conflicts that show controversy
over valued group goals, properties, policies, processes, or
decisions.
(c) A petitioner is considered to have provided sufficient
evidence to demonstrate the exercise of political influence or
authority by demonstrating that group leadership or other
mechanisms exist or existed to:
(1) allocate group resources such as land or residence
rights on a consistent basis;
(2) settle disputes between members or subgroups by
mediation or other means on a regular basis;
(3) exert strong influence on the behavior of
individual members, such as the establishment or maintenance of
norms and the enforcement of sanctions to direct or control
behavior; or
(4) organize or influence economic subsistence
activities among the members, including shared or cooperative
labor.
Sec. 463.154. MEMBERSHIP DESCENDED FROM HISTORICAL INDIAN
TRIBE. (a) The petitioner must show that its membership consists
of individuals who descend from a historical Indian tribe or from
historical Indian tribes that combined and functioned as a single
autonomous political entity.
(b) Evidence sufficient to prove this criterion includes:
(1) rolls prepared by the governor on a lineal
descendant basis for purposes of distributing claims money,
providing allotments, or other purposes;
(2) state, federal, or other official records or
evidence identifying present members or ancestors of present
members as being descendants of a historical tribe or tribes that
combined and functioned as a single autonomous political entity;
(3) church, school, and other similar enrollment
records identifying present members or ancestors of present members
as being descendants of a historical tribe or tribes that combined
and functioned as a single autonomous political entity;
(4) affidavits of recognition by tribal elders, tribal
leaders, or the tribal governing body, identifying present members
or ancestors of present members as being descendants of a
historical tribe or tribes that combined and functioned as a single
autonomous political entity; or
(5) other reliable records or evidence identifying
present members or ancestors of present members as being
descendants of a historical tribe or tribes that combined and
functioned as a single autonomous political entity.
Sec. 463.155. CRITERION REGARDING MEMBERSHIP IN OTHER
ACKNOWLEDGED TRIBES. (a) Except as provided by Subsection (b), the
membership of the petitioner must be composed principally of
persons who are not members of any North American Indian tribe
acknowledged under this chapter or described by Section 463.003(1).
(b) The petitioner may be acknowledged even if its
membership is composed principally of persons whose names have
appeared on rolls of, or who have been otherwise associated with, a
different and acknowledged Indian tribe, if the petitioner
establishes that:
(1) it has functioned throughout history until the
present as a separate and autonomous Indian tribal entity;
(2) its members do not maintain a bilateral political
relationship with the different and acknowledged tribe; and
(3) its members have provided written confirmation of
their membership in the petitioning group.
[Sections 463.156-463.200 reserved for expansion]
SUBCHAPTER E. NOTICE AND PUBLISHING REQUIREMENTS
Sec. 463.201. RECEIPT OF PETITION; TIMING OF NOTICE. Not
later than the 30th day after the date the governor receives a
letter of intent, or a documented petition if a letter of intent has
not previously been received and noticed, the governor shall
acknowledge the receipt in writing to the petitioner and publish
notice of the receipt in accordance with this subchapter.
Sec. 463.202. CONTENT OF NOTICE. (a) The notice published
by the governor must include the name, location, and mailing
address of the petitioner and any other information necessary to
identify the entity submitting the letter of intent or documented
petition and the date it was received.
(b) The notice must also announce the opportunity for
interested parties and informed parties to submit factual or legal
arguments in support of or in opposition to the petitioner's
request for acknowledgment or to request to be kept informed of all
general actions affecting the petition.
(c) The notice must indicate where a copy of the letter of
intent and the documented petition may be examined.
Sec. 463.203. PUBLISHING REQUIRED. (a) The governor shall
publish the notice in the Texas Register.
(b) The governor shall publish the notice and the letter of
intent, or the documented petition if a letter of intent has not
been previously received, in a major newspaper or newspapers of
general circulation in the municipality nearest to the petitioner.
Sec. 463.204. ADDITIONAL REQUIREMENTS FOR NOTICE TO
LEGISLATURE, ATTORNEY GENERAL, AND CERTAIN OTHER PARTIES. The
governor shall provide the notice prepared under Section 463.203
to:
(1) the presiding officer of each house of the
legislature;
(2) the attorney general; and
(3) any recognized or acknowledged tribe and any other
petitioner that appears to have a historical or present
relationship with the petitioner or who may otherwise be considered
to have a potential interest in the acknowledgment determination.
[Sections 463.205-463.250 reserved for expansion]
SUBCHAPTER F. PROCESSING OF DOCUMENTED PETITION
Sec. 463.251. GENERAL DUTIES OF GOVERNOR REGARDING REVIEW.
(a) On receipt of a documented petition, the governor shall review
the petition to determine whether the petitioner is entitled to be
acknowledged as an Indian tribe.
(b) The governor may initiate other research for any purpose
relative to analyzing the documented petition and obtaining
additional information about the petitioner's status.
(c) The governor may consider any evidence submitted by
interested parties or informed parties.
Sec. 463.252. PRELIMINARY TECHNICAL ASSISTANCE REVIEW. (a)
Before active consideration of the documented petition, the
governor shall conduct a preliminary review of the petition for
purposes of technical assistance.
(b) A technical assistance review is not a review to
determine if the petitioner is entitled to be acknowledged as an
Indian tribe. The technical assistance review must provide the
petitioner an opportunity to supplement or revise the documented
petition before active consideration.
(c) The governor shall attempt to conduct technical
assistance reviews in the order of receipt of documented petitions.
(d) The governor shall give priority to active
consideration of other documented petitions over technical
assistance reviews.
Sec. 463.253. NOTIFICATION OF DEFECTS BASED ON TECHNICAL
REVIEW. After the technical assistance review, the governor shall
notify the petitioner by letter of any obvious deficiencies or
significant omissions apparent in the documented petition and
provide the petitioner with an opportunity to withdraw the
documented petition for further work or to submit additional
information or clarification.
Sec. 463.254. PETITIONER'S RESPONSE TO TECHNICAL REVIEW;
REQUEST FOR ADDITIONAL REVIEW. (a) In responding to a technical
assistance review, a petitioner may:
(1) respond in full or in part to the technical
assistance review letter; or
(2) request in writing that the governor proceed with
active consideration of the documented petition, using the
materials already submitted.
(b) If the petitioner requests that the materials submitted
in response to the technical assistance review letter be reviewed
again for adequacy, the governor shall provide the additional
review.
Sec. 463.255. ORDER OF CONSIDERATION: NOTIFICATION. (a)
The governor shall determine the order of consideration of
documented petitions based on whether a documented petition is
ready for active consideration.
(b) The governor shall notify the petitioner that the
documented petition is ready to be placed on active consideration.
Sec. 463.256. ORDER OF CONSIDERATION: REGISTER OF LETTERS
OF INTENT AND DOCUMENTED PETITIONS. (a) The governor shall
establish and maintain a numbered register of documented petitions
that have been determined ready for active consideration.
(b) The governor shall maintain a numbered register of
letters of intent or incomplete petitions based on the original
date of filing with the governor.
(c) If two or more documented petitions are determined ready
for active consideration on the same date, the register shall list
the order of active consideration as determined by the governor.
Sec. 463.257. INITIAL INVESTIGATION OF EVIDENCE. Before
actively considering a documented petition, the governor shall
investigate any petitioner whose documented petition and response
to the technical assistance review letter indicates that there is
little or no evidence that establishes that the group can meet the
mandatory criteria in Section 463.154 or 463.155.
Sec. 463.258. LACK OF EVIDENCE AFTER INITIAL INVESTIGATION;
DECLINE OF ACKNOWLEDGMENT; COMMENTS. If the initial investigation
shows that the evidence clearly establishes that the group does not
meet the mandatory criteria in Section 463.154 or 463.155, the
governor:
(1) may not undertake a full consideration of the
documented petition under all of the mandatory criteria; and
(2) shall decline the petition and publish a proposed
finding in the Texas Register that the governor has declined to
acknowledge that the petitioner is an Indian tribe.
Sec. 463.259. SUFFICIENT EVIDENCE AFTER INITIAL
INVESTIGATION; NOTICE OF ACTIVE CONSIDERATION. (a) If the
governor does not decline the petition under Section 463.258, the
governor shall, during active consideration of the documented
petition, undertake a full evaluation of the documented petition
under the mandatory criteria.
(b) The governor shall notify the petitioner and interested
parties that the documented petition is under active consideration.
The notice must include:
(1) the name, office address, and telephone number of
the staff member with primary administrative responsibility for the
petition;
(2) the names of the researchers conducting the
evaluation of the petition and the name of their supervisor; and
(3) any substantive comment on the petition received
before active consideration or during the preparation of the
proposed findings.
(c) The petitioner may respond to any substantive comments
contained in the notice.
Sec. 463.260. SUSPENSION OF ACTIVE CONSIDERATION. (a) The
governor may suspend active consideration of a documented petition,
either conditionally or for a stated period, on a showing to the
petitioner that there are technical problems with the documented
petition or administrative problems that temporarily preclude
continuing active consideration.
(b) On resolution of the technical or administrative
problems that are the basis for a suspension under Subsection (a),
the documented petition has priority on the numbered register of
documented petitions to the extent possible. The governor shall
notify the petitioner and interested parties when active
consideration of the documented petition is resumed.
(c) The governor is not required to cease consideration
based on requests by the petitioner or interested parties to cease
consideration. The governor may consider a request by a petitioner
for suspension of consideration and may grant the request for good
cause.
(d) The timetables in this subchapter shall begin anew on
the resumption of active consideration.
Sec. 463.261. PROPOSED FINDINGS; EXTENSION OF TIME. (a)
Not later than the first anniversary of the date the governor
notified the petitioner that active consideration of the documented
petition has begun, the governor shall publish the proposed
findings in the Texas Register.
(b) The governor may extend the one-year period for not more
than an additional 180 days. The governor shall notify the
petitioner and interested parties of the extension.
(c) In addition to the proposed findings, the governor shall
prepare a report summarizing the evidence, reasoning, and analyses
that are the basis for the proposed decision. The governor shall
provide the report to the petitioner, interested parties, and
informed parties and make the report available to others on written
request.
Sec. 463.262. COMMENT ON FINDINGS. (a) Not later than the
180th day after the date of publication of the proposed findings,
the petitioner or any other person wishing to challenge or support
the proposed findings may submit arguments and evidence to the
governor to rebut or support the proposed findings.
(b) The governor may extend the period for comment up to an
additional 180 days for good cause. The governor shall notify the
petitioner and interested parties of an extension.
(c) Interested and informed parties who submit arguments
and evidence to the governor shall provide copies of their
submissions to the petitioner.
(d) During the comment period, the governor shall provide
technical advice concerning the factual basis for the proposed
findings, the reasoning used in preparing them, and suggestions
regarding the preparation of materials in response to the proposed
findings. The governor shall make available to the petitioner in a
timely fashion any records used for the proposed findings not
already held by the petitioner, to the extent allowed by state law.
(e) The governor may not accept further comments from
interested or informed parties after the end of the regular
response period.
Sec. 463.263. FORMAL MEETING. (a) During the comment
period and if requested by the petitioner or any interested party,
the governor shall hold a formal meeting to respond to inquiries
about the reasoning, analyses, and factual bases for the proposed
findings.
(b) The proceedings of the meeting are a public record.
(c) The record of the meeting may be considered by the
governor in reaching a final determination.
Sec. 463.264. PETITIONER'S RESPONSE TO OTHER SUBMISSIONS.
(a) During the comment period and not later than the 60th day after
the date of a submission, the petitioner may respond to any
submissions by interested and informed parties.
(b) The governor may extend the time to respond if warranted
by the extent and nature of the comments or submissions.
(c) The governor shall notify the petitioner and interested
parties by letter of any extension.
Sec. 463.265. PERIOD FOR CONSIDERATION OF ARGUMENTS ON
PROPOSED FINDINGS. (a) After completion of the comment period, the
governor shall consult with the petitioner and interested parties
to determine an equitable length of time for the consideration of
written arguments and evidence submitted during the response
period.
(b) The governor shall notify the petitioner and interested
parties of the period chosen.
Sec. 463.266. UNSOLICITED COMMENTS RECEIVED AFTER COMMENT
PERIOD. In making a final determination, the governor may not
consider unsolicited comments submitted after the close of the
comment period under Section 463.262.
Sec. 463.267. ADDITIONAL INFORMATION AND RESEARCH. (a) The
governor may request additional explanations and information from
the petitioner or from commenting parties to support or supplement
their comments on a proposed finding.
(b) The governor may conduct additional research necessary
to evaluate and supplement the record.
(c) The governor shall include the information and research
obtained under this section in the petition record.
Sec. 463.268. FINAL DETERMINATION; PUBLICATION. (a) After
consideration of the written arguments and evidence rebutting or
supporting the proposed findings and the petitioner's response to
the comments of interested parties and informed parties, the
governor shall make a final determination regarding the
petitioner's status.
(b) Not later than the 60th day after the date on which the
consideration of the written arguments and evidence rebutting or
supporting the proposed findings began, the governor shall publish
a summary of the written arguments and evidence together with the
final determination in the Texas Register.
(c) The governor may extend the period for the preparation
of a final determination if warranted by the extent and nature of
evidence and arguments received during the comment period.
(d) The governor shall notify the petitioner and interested
parties of the extension.
(e) The final determination takes effect on the 90th day
after the date of publication in the Texas Register if the
determination is not appealed under Section 463.270. If the
determination is appealed under Section 463.270, the final
determination takes effect on the 90th day after the exhaustion of
judicial review, including any remands and later final
determinations and appeals.
Sec. 463.269. EFFECT OF FINAL DETERMINATION;
ACKNOWLEDGMENT BY STATE. (a) If the governor determines that the
group satisfies the criteria prescribed by Subchapter D, the
governor shall acknowledge, on behalf of the state, the existence
of the petitioner as an Indian tribe. This determination is final
for the state.
(b) If the governor determines that the group fails to
satisfy a criterion prescribed by Subchapter D, the governor shall
decline to acknowledge that the petitioner is an Indian tribe.
(c) If the governor declines to acknowledge that a
petitioner is an Indian tribe, the governor shall inform the
petitioner of alternatives, if any, to acknowledgment under these
procedures. Alternatives may include other means through which the
petitioning group may achieve the status of an acknowledged Indian
tribe or through which any of its members may become eligible for
services and benefits from the state as Indians, or become members
of an acknowledged Indian tribe.
Sec. 463.270. JUDICIAL REVIEW OF FINAL DETERMINATION. (a)
The petitioner or any interested party may request judicial review
of the final determination in a Travis County district court.
(b) The district court shall review the final determination
under Subchapter G, Chapter 2001, as if the determination were a
contested case under Chapter 2001, except that a motion for
rehearing is not a prerequisite for review. For purposes of Section
2001.176, the final determination is final and appealable on the
date of publication in the Texas Register.
(c) The court shall conduct the review using the substantial
evidence rule under Section 2001.174.
[Sections 463.271-463.300 reserved for expansion]
SUBCHAPTER G. RIGHTS OF ACKNOWLEDGED TRIBE
Sec. 463.301. ACKNOWLEDGMENT OF TRIBAL STATUS;
APPLICABILITY. This subchapter applies to each tribe acknowledged
by the state under Section 463.269.
Sec. 463.302. ELIGIBILITY FOR SERVICES AND BENEFITS. (a)
Acknowledgment of tribal existence by this state under this chapter
or an earlier law is a prerequisite to the protection, services, and
benefits of the state government available to Indian tribes by
virtue of their status as tribes.
(b) The tribe is eligible for the services and benefits from
the state that are available to other federally recognized tribes.
(c) To receive benefits, the tribe must meet the specific
program requirements for programs for which it is eligible.
Sec. 463.303. STATUS AS HISTORIC TRIBE; POWERS AND DUTIES.
(a) The tribe is considered a historic tribe and is entitled to the
privileges and immunities available to other state-acknowledged
historic tribes by virtue of their state-to-tribal relationship
with this state.
(b) The tribe has the responsibilities and obligations of
historic tribes.
(c) The tribe is subject to the same authority of Texas laws
and the United States as are other state-acknowledged tribes.
Sec. 463.304. CONSULTATION WITH STATE AGENCIES REGARDING
NEEDS; GOVERNOR. (a) Not later than six months after the date of
the acknowledgment, an appropriate state agency designated by the
governor shall consult with the newly acknowledged tribe and
develop, in cooperation with the tribe, a determination of needs.
(b) A tribe may not request money from the state until the
determination of needs is completed.
(c) The state agency shall forward this determination of
needs to the governor and make recommendations to the governor
regarding those needs and budgetary requirements to fulfill the
needs.
(d) The governor shall consider the recommended budget
along with the other recommendations.
SECTION 2. 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.