Texas 2009 - 81st Regular

Texas House Bill HB619 Compare Versions

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

Old	New	Differences
1	1	81R446 MTB-F
2	2	By: Leibowitz H.B. No. 619
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to state acknowledgment of Native American tribes.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle E, Title 4, Government Code, is amended
10	10	by adding Chapter 463 to read as follows:
11	11	CHAPTER 463. STATE ACKNOWLEDGMENT OF NATIVE AMERICAN TRIBES
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 463.001. DEFINITIONS. In this chapter:
14	14	(1) "Autonomous" means exercising political influence
15	15	or authority independent of the control of any other Indian
16	16	governing entity. The term must be understood in the context of the
17	17	history, geography, culture, and social organization of a
18	18	petitioner.
19	19	(2) "Community" means any group of people that can
20	20	demonstrate that consistent interactions and significant social
21	21	relationships exist within its membership and that its members are
22	22	differentiated from and identified as distinct from nonmembers.
23	23	The term must be understood in the context of the history,
24	24	geography, culture, and social organization of a petitioner.
25	25	(3) "Continuously" or "continuous" means extending
26	26	from first sustained contact with non-Indians throughout a group's
27	27	history to the present, substantially without interruption.
28	28	(4) "Documented petition" means the detailed
29	29	arguments made by a petitioner to substantiate its claim to
30	30	continuous existence as an Indian tribe, together with the factual
31	31	exposition and all documentary evidence necessary to demonstrate
32	32	that these arguments address the mandatory criteria in Subchapter
33	33	D.
34	34	(5) "Historically," "historical," or "history" for
35	35	purposes of this chapter means the period dating from first
36	36	sustained contact with non-Indians.
37	37	(6) "Indian group" means a Native American aggregation
38	38	in the United States.
39	39	(7) "Indian tribe" or "tribe" means a Native American
40	40	tribe, band, pueblo, village, or community in the United States
41	41	that the United States secretary of the interior acknowledges to
42	42	exist as an Indian tribe.
43	43	(8) "Indigenous" means native to this state in that at
44	44	least part of the petitioner's territory at the time of first
45	45	sustained contact with non-Indians extended into what is now this
46	46	state.
47	47	(9) "Informed party" means a person, other than an
48	48	interested party, who requests an opportunity to submit comments or
49	49	evidence or requests to be kept informed of general actions
50	50	regarding a specific petitioner.
51	51	(10) "Interested party" means a person who can
52	52	establish a legal, factual, or property interest in an
53	53	acknowledgment determination and who requests an opportunity to
54	54	submit comments or evidence or requests to be kept informed of
55	55	general actions regarding a specific petitioner. The term includes
56	56	the governor and attorney general and may include local governments
57	57	and any recognized Indian tribes or unrecognized Indian groups that
58	58	might be affected by an acknowledgment determination.
59	59	(11) "Letter of intent" means a letter or resolution
60	60	without supporting documentation by which an Indian group requests
61	61	acknowledgment as an Indian tribe under this chapter and expresses
62	62	its intent to submit a documented petition.
63	63	(12) "Member of an Indian group" means an individual
64	64	who is recognized by an Indian group as meeting its membership
65	65	criteria and who consents to being listed as a member of that group.
66	66	(13) "Member of an Indian tribe" means an individual
67	67	who meets the membership requirements of the tribe as set forth in
68	68	its governing document or, in the absence of such a document, has
69	69	been recognized as a member collectively by those persons
70	70	constituting the tribal governing body and has consistently
71	71	maintained tribal relations with the tribe or is listed on any
72	72	tribal rolls.
73	73	(14) "Petitioner" means an entity that has submitted a
74	74	letter of intent to the governor requesting acknowledgment that it
75	75	is an Indian tribe.
76	76	(15) "Political influence or authority" means a tribal
77	77	council, leadership, internal process, or other mechanism that a
78	78	group has used to influence or control the behavior of its members
79	79	in significant respects, to make decisions for the group that
80	80	substantially affect its members, or to represent the group in
81	81	dealing with nonmembers in matters of consequence. This process is
82	82	to be understood in the context of the history, culture, and social
83	83	organization of a petitioner.
84	84	(16) "Tribal relations" means participation by an
85	85	individual in a political and social relationship with an Indian
86	86	tribe.
87	87	(17) "Tribal roll" means a list of members of an Indian
88	88	group or tribe.
89	89	Sec. 463.002. APPLICABILITY; ELIGIBILITY. This chapter
90	90	applies only to Indian groups indigenous to this state:
91	91	(1) that can establish a substantially continuous
92	92	tribal existence; and
93	93	(2) that have functioned as autonomous entities
94	94	throughout history until the present.
95	95	Sec. 463.003. EXEMPTION. This chapter does not apply to:
96	96	(1) an Indian group indigenous to this state that was
97	97	previously acknowledged as an Indian tribe of this state as of
98	98	September 1, 2009;
99	99	(2) Indian groups acknowledged by and receiving
100	100	benefits from the federal Bureau of Indian Affairs as Indian
101	101	tribes, bands, or communities;
102	102	(3) associations, organizations, corporations, or
103	103	groups of any character that have been formed in recent times,
104	104	except that an Indian group that meets the criteria in Subchapter D
105	105	and that has recently incorporated or otherwise formalized its
106	106	existing autonomous political process will be viewed as having
107	107	changed its form in a manner that has no bearing on the state's
108	108	final determination under this chapter;
109	109	(4) splinter groups, political factions, communities,
110	110	or groups of any character that separate from the main body of a
111	111	currently acknowledged Indian tribe, except for a group that can
112	112	establish clearly that it has functioned throughout history until
113	113	the present as an autonomous tribal entity, even though it has been
114	114	regarded by some as a chapter of or has been associated in some
115	115	manner with an acknowledged North American Indian tribe;
116	116	(5) groups that previously petitioned and were denied
117	117	state acknowledgment under this chapter, including reorganized or
118	118	reconstituted petitioners that were previously denied, or splinter
119	119	groups, spin-offs, or component groups of any type that were once
120	120	part of a petitioner that was previously denied; or
121	121	(6) persons who are the subject of a state statute that
122	122	has expressly terminated or forbidden acknowledgement by the state
123	123	as an Indian tribe.
124	124	[Sections 463.004-463.050 reserved for expansion]
125	125	SUBCHAPTER B. GENERAL POWERS AND DUTIES OF GOVERNOR AND
126	126	PETITIONERS
127	127	Sec. 463.051. LIST OF STATE-ACKNOWLEDGED TRIBES. At least
128	128	once every three years, the governor shall publish in the Texas
129	129	Register a list of all Indian tribes acknowledged by the state under
130	130	this chapter.
131	131	Sec. 463.052. AVAILABILITY OF GUIDELINES. (a) Not later
132	132	than January 1 of each odd-numbered year, the governor shall make
133	133	available revised and expanded guidelines for the preparation of
134	134	documented petitions.
135	135	(b) The guidelines must include:
136	136	(1) an explanation of the criteria and other
137	137	provisions of this chapter;
138	138	(2) a discussion of the types of evidence that may be
139	139	used to demonstrate particular criteria are met;
140	140	(3) an example of a documented petition; and
141	141	(4) general suggestions and guidelines on how and
142	142	where to conduct research.
143	143	(c) The guidelines may be supplemented or updated as
144	144	necessary. The example of a documented petition format, while
145	145	preferable for use in a documented petition, does not preclude the
146	146	use of any other format.
147	147	Sec. 463.053. ADVICE FOR PETITIONERS. (a) The office of
148	148	the governor shall, on request, provide petitioners with
149	149	suggestions and advice regarding preparation of a documented
150	150	petition.
151	151	(b) The state is not responsible for performing research on
152	152	behalf of a petitioner.
153	153	Sec. 463.054. NOTICE IN TEXAS REGISTER; MAILING NOTICE.
154	154	Any notice that under this chapter must be published in the Texas
155	155	Register shall also be mailed to the petitioner and to other
156	156	interested parties on request.
157	157	Sec. 463.055. FILING LETTER OF INTENT. (a) An Indian group
158	158	in this state that wishes to be acknowledged as an Indian tribe by
159	159	this state and believes it can satisfy the criteria prescribed by
160	160	Subchapter D may file a letter of intent with the governor. The
161	161	letter must be dated and signed by the governing body of the Indian
162	162	group.
163	163	(b) A letter of intent may be filed with or before a group's
164	164	documented petition is filed.
165	165	Sec. 463.056. CONTACT AFTER LETTER OF INTENT. After an
166	166	Indian group has filed a letter of intent requesting state
167	167	acknowledgment as an Indian tribe and until that group has actually
168	168	submitted a documented petition, the governor may contact the group
169	169	periodically and request clarification, in writing, of its intent
170	170	to continue with the petitioning process.
171	171	Sec. 463.057. DISTRIBUTION OF LAW. Not later than January 1
172	172	of each odd-numbered year, the governor shall provide a copy of this
173	173	chapter to each person that has submitted a documented petition or a
174	174	letter of intent.
175	175	[Sections 463.058-463.100 reserved for expansion]
176	176	SUBCHAPTER C. DOCUMENTED PETITION PROCEDURE
177	177	Sec. 463.101. FORM OF PETITION. (a) A documented petition
178	178	may be submitted to the governor in any readable form that contains
179	179	detailed, specific evidence to support a request to the governor to
180	180	acknowledge tribal existence.
181	181	(b) The documented petition must include a certification
182	182	that is signed and dated by members of the group's governing body
183	183	and states that it is the group's official documented petition.
184	184	Sec. 463.102. CONTENT OF PETITION. (a) The documented
185	185	petition must demonstrate that the petitioner satisfies the
186	186	criteria prescribed by Subchapter D.
187	187	(b) The documented petition must include thorough
188	188	explanations and supporting documentation for each criterion and
189	189	must use and demonstrate an understanding of applicable definitions
190	190	contained in Section 463.001.
191	191	Sec. 463.103. GOVERNING DOCUMENT OR PROCEDURES; MEMBERSHIP
192	192	CRITERIA. The petition must include a copy of the group's present
193	193	governing document, including its membership criteria. In the
194	194	absence of a written document, the petitioner must provide a
195	195	statement describing in full its membership criteria and current
196	196	governing procedures.
197	197	Sec. 463.104. MEMBERSHIP LIST; STATEMENT. (a) The
198	198	petition must include a copy of the group's official membership
199	199	list, separately certified by the group's governing body. The list
200	200	must include all known current members of the group.
201	201	(b) The list must include each member's:
202	202	(1) full name, including any maiden name;
203	203	(2) date of birth; and
204	204	(3) current residential address.
205	205	(c) The petitioner must also provide:
206	206	(1) a copy of each available former list of persons who
207	207	were members based on the group's own defined criteria;
208	208	(2) a statement describing the circumstances
209	209	surrounding the preparation of the current list; and
210	210	(3) to the extent possible, the circumstances
211	211	surrounding the preparation of former lists.
212	212	Sec. 463.105. FORMS OF EVIDENCE FOR PETITION. The specific
213	213	forms of evidence listed together with the criteria prescribed by
214	214	Subchapter D are not mandatory forms of evidence. The criteria may
215	215	be met alternatively by any suitable evidence that demonstrates
216	216	that the petitioner meets the criteria.
217	217	Sec. 463.106. STANDARDS FOR REVIEWING PETITION. (a) The
218	218	governor shall consider a criterion satisfied by a petition if the
219	219	available evidence establishes a reasonable likelihood that the
220	220	criterion has been met. Conclusive proof of the facts relating to a
221	221	criterion is not required for the criterion to be considered met.
222	222	(b) The governor shall take into account:
223	223	(1) historical situations and periods for which
224	224	evidence is demonstrably limited or not available; and
225	225	(2) limitations inherent in demonstrating the
226	226	historical existence of community and political influence or
227	227	authority.
228	228	(c) Existence of community and political influence or
229	229	authority must be demonstrated on a substantially continuous basis,
230	230	not at every point in time.
231	231	(d) The governor may not deny an acknowledgment based on
232	232	fluctuations in tribal activity during the years.
233	233	(e) The governor shall interpret the criteria prescribed by
234	234	Subchapter D as applying to tribes or groups that have historically
235	235	combined and functioned as a single autonomous political entity.
236	236	Sec. 463.107. DENIAL OF PETITION. The governor may deny a
237	237	petition:
238	238	(1) if the evidence available demonstrates that the
239	239	petitioner does not meet one or more of the criteria; or
240	240	(2) if there is insufficient evidence that the
241	241	petitioner meets one or more of the criteria.
242	242	[Sections 463.108-463.150 reserved for expansion]
243	243	SUBCHAPTER D. MANDATORY CRITERIA FOR STATE ACKNOWLEDGMENT
244	244	Sec. 463.151. IDENTIFICATION AS AMERICAN INDIAN ENTITY.
245	245	(a) The petitioner must be identified as an American Indian entity
246	246	on a substantially continuous basis since 1900.
247	247	(b) Evidence that the group's character as an Indian entity
248	248	has from time to time been denied is not conclusive evidence that
249	249	this criterion has not been met.
250	250	(c) Evidence that may be considered in determining a group's
251	251	Indian identity may include:
252	252	(1) evidence of the group's:
253	253	(A) identification as an Indian entity by state
254	254	authorities;
255	255	(B) relationships with colonists or governments
256	256	based on identification of the group as Indian, including the
257	257	governments of Spain, France, Mexico, or Texas;
258	258	(C) dealings with a county or other local
259	259	government in a relationship based on the group's Indian identity;
260	260	(D) identification as an Indian entity by
261	261	anthropologists, historians, or other scholars;
262	262	(E) identification as an Indian entity in
263	263	newspapers and books; and
264	264	(F) identification as an Indian entity in
265	265	relationships with Indian tribes or with national, regional, or
266	266	state Indian organizations; and
267	267	(2) any other evidence of the group's identification
268	268	as an Indian entity by other than the petitioner itself or its
269	269	members.
270	270	Sec. 463.152. DISTINCT COMMUNITY. (a) A predominant
271	271	portion of the petitioning group must constitute a distinct
272	272	community and have existed as a community from historical times
273	273	until the present.
274	274	(b) Evidence that the petitioner meets the definition of
275	275	community in Section 463.001 includes:
276	276	(1) significant social relationships connecting
277	277	individual members;
278	278	(2) significant rates of informal social interactions
279	279	that exist broadly among group members;
280	280	(3) a significant degree of shared or cooperative
281	281	labor or other economic activity among the membership;
282	282	(4) evidence of strong patterns of discrimination by
283	283	or other social distinctions made by nonmembers;
284	284	(5) shared sacred or secular ritual activity
285	285	encompassing most of the group;
286	286	(6) cultural patterns shared among a significant
287	287	portion of the group that differ in more than symbolic fashion from
288	288	those of the non-Indian populations with whom it interacts,
289	289	including language, kinship organization, and religious beliefs
290	290	and practices; and
291	291	(7) the persistence of a named, collective Indian
292	292	identity continuously over a period of more than 50 years despite
293	293	any name changes for the group.
294	294	(c) A demonstration of historical political influence under
295	295	Section 463.153 is evidence demonstrating historical community.
296	296	(d) A petitioner may demonstrate sufficient evidence of
297	297	community by showing:
298	298	(1) that more than 50 percent of the members reside in
299	299	a geographical area exclusively or almost exclusively composed of
300	300	group members, and the balance of the group maintains consistent
301	301	interaction with some members of the community;
302	302	(2) that at least 50 percent of the group members
303	303	maintain distinct cultural patterns such as language, kinship
304	304	organization, or religious beliefs and practices;
305	305	(3) the presence of distinct community social
306	306	institutions encompassing most of the members, such as kinship
307	307	organizations, formal or informal economic cooperation, or
308	308	religious organizations; or
309	309	(4) that the group has met the criterion in Section
310	310	463.153 using evidence described in Section 463.153(c).
311	311	Sec. 463.153. POLITICAL INFLUENCE AS AUTONOMOUS ENTITY.
312	312	(a) The petitioner must have maintained political influence or
313	313	authority over its members as an autonomous entity from historical
314	314	times until the present.
315	315	(b) The petitioner may demonstrate that it meets this
316	316	criterion by showing some combination of the evidence listed below
317	317	or by other evidence that the petitioner meets the definition of
318	318	political influence or authority in Section 463.001:
319	319	(1) the group is able to mobilize significant numbers
320	320	of members and significant resources from its members for group
321	321	purposes;
322	322	(2) most of the membership considers issues acted on
323	323	or actions taken by group leaders or governing bodies to be of
324	324	importance;
325	325	(3) there is widespread knowledge, communication, and
326	326	involvement in political processes by most of the group's members;
327	327	(4) the group meets the criterion in Section
328	328	463.152(d) at more than a minimal level; or
329	329	(5) there are internal conflicts that show controversy
330	330	over valued group goals, properties, policies, processes, or
331	331	decisions.
332	332	(c) A petitioner is considered to have provided sufficient
333	333	evidence to demonstrate the exercise of political influence or
334	334	authority by demonstrating that group leadership or other
335	335	mechanisms exist or existed to:
336	336	(1) allocate group resources such as land or residence
337	337	rights on a consistent basis;
338	338	(2) settle disputes between members or subgroups by
339	339	mediation or other means on a regular basis;
340	340	(3) exert strong influence on the behavior of
341	341	individual members, such as the establishment or maintenance of
342	342	norms and the enforcement of sanctions to direct or control
343	343	behavior; or
344	344	(4) organize or influence economic subsistence
345	345	activities among the members, including shared or cooperative
346	346	labor.
347	347	Sec. 463.154. MEMBERSHIP DESCENDED FROM HISTORICAL INDIAN
348	348	TRIBE. (a) The petitioner must show that its membership consists
349	349	of individuals who descend from a historical Indian tribe or from
350	350	historical Indian tribes that combined and functioned as a single
351	351	autonomous political entity.
352	352	(b) Evidence sufficient to prove this criterion includes:
353	353	(1) rolls prepared by the governor on a lineal
354	354	descendant basis for purposes of distributing claims money,
355	355	providing allotments, or other purposes;
356	356	(2) state, federal, or other official records or
357	357	evidence identifying present members or ancestors of present
358	358	members as being descendants of a historical tribe or tribes that
359	359	combined and functioned as a single autonomous political entity;
360	360	(3) church, school, and other similar enrollment
361	361	records identifying present members or ancestors of present members
362	362	as being descendants of a historical tribe or tribes that combined
363	363	and functioned as a single autonomous political entity;
364	364	(4) affidavits of recognition by tribal elders, tribal
365	365	leaders, or the tribal governing body, identifying present members
366	366	or ancestors of present members as being descendants of a
367	367	historical tribe or tribes that combined and functioned as a single
368	368	autonomous political entity; or
369	369	(5) other reliable records or evidence identifying
370	370	present members or ancestors of present members as being
371	371	descendants of a historical tribe or tribes that combined and
372	372	functioned as a single autonomous political entity.
373	373	Sec. 463.155. CRITERION REGARDING MEMBERSHIP IN OTHER
374	374	ACKNOWLEDGED TRIBES. (a) Except as provided by Subsection (b), the
375	375	membership of the petitioner must be composed principally of
376	376	persons who are not members of any North American Indian tribe
377	377	acknowledged under this chapter or described by Section 463.003(1).
378	378	(b) The petitioner may be acknowledged even if its
379	379	membership is composed principally of persons whose names have
380	380	appeared on rolls of, or who have been otherwise associated with, a
381	381	different and acknowledged Indian tribe, if the petitioner
382	382	establishes that:
383	383	(1) it has functioned throughout history until the
384	384	present as a separate and autonomous Indian tribal entity;
385	385	(2) its members do not maintain a bilateral political
386	386	relationship with the different and acknowledged tribe; and
387	387	(3) its members have provided written confirmation of
388	388	their membership in the petitioning group.
389	389	[Sections 463.156-463.200 reserved for expansion]
390	390	SUBCHAPTER E. NOTICE AND PUBLISHING REQUIREMENTS
391	391	Sec. 463.201. RECEIPT OF PETITION; TIMING OF NOTICE. Not
392	392	later than the 30th day after the date the governor receives a
393	393	letter of intent, or a documented petition if a letter of intent has
394	394	not previously been received and noticed, the governor shall
395	395	acknowledge the receipt in writing to the petitioner and publish
396	396	notice of the receipt in accordance with this subchapter.
397	397	Sec. 463.202. CONTENT OF NOTICE. (a) The notice published
398	398	by the governor must include the name, location, and mailing
399	399	address of the petitioner and any other information necessary to
400	400	identify the entity submitting the letter of intent or documented
401	401	petition and the date it was received.
402	402	(b) The notice must also announce the opportunity for
403	403	interested parties and informed parties to submit factual or legal
404	404	arguments in support of or in opposition to the petitioner's
405	405	request for acknowledgment or to request to be kept informed of all
406	406	general actions affecting the petition.
407	407	(c) The notice must indicate where a copy of the letter of
408	408	intent and the documented petition may be examined.
409	409	Sec. 463.203. PUBLISHING REQUIRED. (a) The governor shall
410	410	publish the notice in the Texas Register.
411	411	(b) The governor shall publish the notice and the letter of
412	412	intent, or the documented petition if a letter of intent has not
413	413	been previously received, in a major newspaper or newspapers of
414	414	general circulation in the municipality nearest to the petitioner.
415	415	Sec. 463.204. ADDITIONAL REQUIREMENTS FOR NOTICE TO
416	416	LEGISLATURE, ATTORNEY GENERAL, AND CERTAIN OTHER PARTIES. The
417	417	governor shall provide the notice prepared under Section 463.203
418	418	to:
419	419	(1) the presiding officer of each house of the
420	420	legislature;
421	421	(2) the attorney general; and
422	422	(3) any recognized or acknowledged tribe and any other
423	423	petitioner that appears to have a historical or present
424	424	relationship with the petitioner or who may otherwise be considered
425	425	to have a potential interest in the acknowledgment determination.
426	426	[Sections 463.205-463.250 reserved for expansion]
427	427	SUBCHAPTER F. PROCESSING OF DOCUMENTED PETITION
428	428	Sec. 463.251. GENERAL DUTIES OF GOVERNOR REGARDING REVIEW.
429	429	(a) On receipt of a documented petition, the governor shall review
430	430	the petition to determine whether the petitioner is entitled to be
431	431	acknowledged as an Indian tribe.
432	432	(b) The governor may initiate other research for any purpose
433	433	relative to analyzing the documented petition and obtaining
434	434	additional information about the petitioner's status.
435	435	(c) The governor may consider any evidence submitted by
436	436	interested parties or informed parties.
437	437	Sec. 463.252. PRELIMINARY TECHNICAL ASSISTANCE REVIEW. (a)
438	438	Before active consideration of the documented petition, the
439	439	governor shall conduct a preliminary review of the petition for
440	440	purposes of technical assistance.
441	441	(b) A technical assistance review is not a review to
442	442	determine if the petitioner is entitled to be acknowledged as an
443	443	Indian tribe. The technical assistance review must provide the
444	444	petitioner an opportunity to supplement or revise the documented
445	445	petition before active consideration.
446	446	(c) The governor shall attempt to conduct technical
447	447	assistance reviews in the order of receipt of documented petitions.
448	448	(d) The governor shall give priority to active
449	449	consideration of other documented petitions over technical
450	450	assistance reviews.
451	451	Sec. 463.253. NOTIFICATION OF DEFECTS BASED ON TECHNICAL
452	452	REVIEW. After the technical assistance review, the governor shall
453	453	notify the petitioner by letter of any obvious deficiencies or
454	454	significant omissions apparent in the documented petition and
455	455	provide the petitioner with an opportunity to withdraw the
456	456	documented petition for further work or to submit additional
457	457	information or clarification.
458	458	Sec. 463.254. PETITIONER'S RESPONSE TO TECHNICAL REVIEW;
459	459	REQUEST FOR ADDITIONAL REVIEW. (a) In responding to a technical
460	460	assistance review, a petitioner may:
461	461	(1) respond in full or in part to the technical
462	462	assistance review letter; or
463	463	(2) request in writing that the governor proceed with
464	464	active consideration of the documented petition, using the
465	465	materials already submitted.
466	466	(b) If the petitioner requests that the materials submitted
467	467	in response to the technical assistance review letter be reviewed
468	468	again for adequacy, the governor shall provide the additional
469	469	review.
470	470	Sec. 463.255. ORDER OF CONSIDERATION: NOTIFICATION. (a)
471	471	The governor shall determine the order of consideration of
472	472	documented petitions based on whether a documented petition is
473	473	ready for active consideration.
474	474	(b) The governor shall notify the petitioner that the
475	475	documented petition is ready to be placed on active consideration.
476	476	Sec. 463.256. ORDER OF CONSIDERATION: REGISTER OF LETTERS
477	477	OF INTENT AND DOCUMENTED PETITIONS. (a) The governor shall
478	478	establish and maintain a numbered register of documented petitions
479	479	that have been determined ready for active consideration.
480	480	(b) The governor shall maintain a numbered register of
481	481	letters of intent or incomplete petitions based on the original
482	482	date of filing with the governor.
483	483	(c) If two or more documented petitions are determined ready
484	484	for active consideration on the same date, the register shall list
485	485	the order of active consideration as determined by the governor.
486	486	Sec. 463.257. INITIAL INVESTIGATION OF EVIDENCE. Before
487	487	actively considering a documented petition, the governor shall
488	488	investigate any petitioner whose documented petition and response
489	489	to the technical assistance review letter indicates that there is
490	490	little or no evidence that establishes that the group can meet the
491	491	mandatory criteria in Section 463.154 or 463.155.
492	492	Sec. 463.258. LACK OF EVIDENCE AFTER INITIAL INVESTIGATION;
493	493	DECLINE OF ACKNOWLEDGMENT; COMMENTS. If the initial investigation
494	494	shows that the evidence clearly establishes that the group does not
495	495	meet the mandatory criteria in Section 463.154 or 463.155, the
496	496	governor:
497	497	(1) may not undertake a full consideration of the
498	498	documented petition under all of the mandatory criteria; and
499	499	(2) shall decline the petition and publish a proposed
500	500	finding in the Texas Register that the governor has declined to
501	501	acknowledge that the petitioner is an Indian tribe.
502	502	Sec. 463.259. SUFFICIENT EVIDENCE AFTER INITIAL
503	503	INVESTIGATION; NOTICE OF ACTIVE CONSIDERATION. (a) If the
504	504	governor does not decline the petition under Section 463.258, the
505	505	governor shall, during active consideration of the documented
506	506	petition, undertake a full evaluation of the documented petition
507	507	under the mandatory criteria.
508	508	(b) The governor shall notify the petitioner and interested
509	509	parties that the documented petition is under active consideration.
510	510	The notice must include:
511	511	(1) the name, office address, and telephone number of
512	512	the staff member with primary administrative responsibility for the
513	513	petition;
514	514	(2) the names of the researchers conducting the
515	515	evaluation of the petition and the name of their supervisor; and
516	516	(3) any substantive comment on the petition received
517	517	before active consideration or during the preparation of the
518	518	proposed findings.
519	519	(c) The petitioner may respond to any substantive comments
520	520	contained in the notice.
521	521	Sec. 463.260. SUSPENSION OF ACTIVE CONSIDERATION. (a) The
522	522	governor may suspend active consideration of a documented petition,
523	523	either conditionally or for a stated period, on a showing to the
524	524	petitioner that there are technical problems with the documented
525	525	petition or administrative problems that temporarily preclude
526	526	continuing active consideration.
527	527	(b) On resolution of the technical or administrative
528	528	problems that are the basis for a suspension under Subsection (a),
529	529	the documented petition has priority on the numbered register of
530	530	documented petitions to the extent possible. The governor shall
531	531	notify the petitioner and interested parties when active
532	532	consideration of the documented petition is resumed.
533	533	(c) The governor is not required to cease consideration
534	534	based on requests by the petitioner or interested parties to cease
535	535	consideration. The governor may consider a request by a petitioner
536	536	for suspension of consideration and may grant the request for good
537	537	cause.
538	538	(d) The timetables in this subchapter shall begin anew on
539	539	the resumption of active consideration.
540	540	Sec. 463.261. PROPOSED FINDINGS; EXTENSION OF TIME. (a)
541	541	Not later than the first anniversary of the date the governor
542	542	notified the petitioner that active consideration of the documented
543	543	petition has begun, the governor shall publish the proposed
544	544	findings in the Texas Register.
545	545	(b) The governor may extend the one-year period for not more
546	546	than an additional 180 days. The governor shall notify the
547	547	petitioner and interested parties of the extension.
548	548	(c) In addition to the proposed findings, the governor shall
549	549	prepare a report summarizing the evidence, reasoning, and analyses
550	550	that are the basis for the proposed decision. The governor shall
551	551	provide the report to the petitioner, interested parties, and
552	552	informed parties and make the report available to others on written
553	553	request.
554	554	Sec. 463.262. COMMENT ON FINDINGS. (a) Not later than the
555	555	180th day after the date of publication of the proposed findings,
556	556	the petitioner or any other person wishing to challenge or support
557	557	the proposed findings may submit arguments and evidence to the
558	558	governor to rebut or support the proposed findings.
559	559	(b) The governor may extend the period for comment up to an
560	560	additional 180 days for good cause. The governor shall notify the
561	561	petitioner and interested parties of an extension.
562	562	(c) Interested and informed parties who submit arguments
563	563	and evidence to the governor shall provide copies of their
564	564	submissions to the petitioner.
565	565	(d) During the comment period, the governor shall provide
566	566	technical advice concerning the factual basis for the proposed
567	567	findings, the reasoning used in preparing them, and suggestions
568	568	regarding the preparation of materials in response to the proposed
569	569	findings. The governor shall make available to the petitioner in a
570	570	timely fashion any records used for the proposed findings not
571	571	already held by the petitioner, to the extent allowed by state law.
572	572	(e) The governor may not accept further comments from
573	573	interested or informed parties after the end of the regular
574	574	response period.
575	575	Sec. 463.263. FORMAL MEETING. (a) During the comment
576	576	period and if requested by the petitioner or any interested party,
577	577	the governor shall hold a formal meeting to respond to inquiries
578	578	about the reasoning, analyses, and factual bases for the proposed
579	579	findings.
580	580	(b) The proceedings of the meeting are a public record.
581	581	(c) The record of the meeting may be considered by the
582	582	governor in reaching a final determination.
583	583	Sec. 463.264. PETITIONER'S RESPONSE TO OTHER SUBMISSIONS.
584	584	(a) During the comment period and not later than the 60th day after
585	585	the date of a submission, the petitioner may respond to any
586	586	submissions by interested and informed parties.
587	587	(b) The governor may extend the time to respond if warranted
588	588	by the extent and nature of the comments or submissions.
589	589	(c) The governor shall notify the petitioner and interested
590	590	parties by letter of any extension.
591	591	Sec. 463.265. PERIOD FOR CONSIDERATION OF ARGUMENTS ON
592	592	PROPOSED FINDINGS. (a) After completion of the comment period, the
593	593	governor shall consult with the petitioner and interested parties
594	594	to determine an equitable length of time for the consideration of
595	595	written arguments and evidence submitted during the response
596	596	period.
597	597	(b) The governor shall notify the petitioner and interested
598	598	parties of the period chosen.
599	599	Sec. 463.266. UNSOLICITED COMMENTS RECEIVED AFTER COMMENT
600	600	PERIOD. In making a final determination, the governor may not
601	601	consider unsolicited comments submitted after the close of the
602	602	comment period under Section 463.262.
603	603	Sec. 463.267. ADDITIONAL INFORMATION AND RESEARCH. (a) The
604	604	governor may request additional explanations and information from
605	605	the petitioner or from commenting parties to support or supplement
606	606	their comments on a proposed finding.
607	607	(b) The governor may conduct additional research necessary
608	608	to evaluate and supplement the record.
609	609	(c) The governor shall include the information and research
610	610	obtained under this section in the petition record.
611	611	Sec. 463.268. FINAL DETERMINATION; PUBLICATION. (a) After
612	612	consideration of the written arguments and evidence rebutting or
613	613	supporting the proposed findings and the petitioner's response to
614	614	the comments of interested parties and informed parties, the
615	615	governor shall make a final determination regarding the
616	616	petitioner's status.
617	617	(b) Not later than the 60th day after the date on which the
618	618	consideration of the written arguments and evidence rebutting or
619	619	supporting the proposed findings began, the governor shall publish
620	620	a summary of the written arguments and evidence together with the
621	621	final determination in the Texas Register.
622	622	(c) The governor may extend the period for the preparation
623	623	of a final determination if warranted by the extent and nature of
624	624	evidence and arguments received during the comment period.
625	625	(d) The governor shall notify the petitioner and interested
626	626	parties of the extension.
627	627	(e) The final determination takes effect on the 90th day
628	628	after the date of publication in the Texas Register if the
629	629	determination is not appealed under Section 463.270. If the
630	630	determination is appealed under Section 463.270, the final
631	631	determination takes effect on the 90th day after the exhaustion of
632	632	judicial review, including any remands and later final
633	633	determinations and appeals.
634	634	Sec. 463.269. EFFECT OF FINAL DETERMINATION;
635	635	ACKNOWLEDGMENT BY STATE. (a) If the governor determines that the
636	636	group satisfies the criteria prescribed by Subchapter D, the
637	637	governor shall acknowledge, on behalf of the state, the existence
638	638	of the petitioner as an Indian tribe. This determination is final
639	639	for the state.
640	640	(b) If the governor determines that the group fails to
641	641	satisfy a criterion prescribed by Subchapter D, the governor shall
642	642	decline to acknowledge that the petitioner is an Indian tribe.
643	643	(c) If the governor declines to acknowledge that a
644	644	petitioner is an Indian tribe, the governor shall inform the
645	645	petitioner of alternatives, if any, to acknowledgment under these
646	646	procedures. Alternatives may include other means through which the
647	647	petitioning group may achieve the status of an acknowledged Indian
648	648	tribe or through which any of its members may become eligible for
649	649	services and benefits from the state as Indians, or become members
650	650	of an acknowledged Indian tribe.
651	651	Sec. 463.270. JUDICIAL REVIEW OF FINAL DETERMINATION. (a)
652	652	The petitioner or any interested party may request judicial review
653	653	of the final determination in a Travis County district court.
654	654	(b) The district court shall review the final determination
655	655	under Subchapter G, Chapter 2001, as if the determination were a
656	656	contested case under Chapter 2001, except that a motion for
657	657	rehearing is not a prerequisite for review. For purposes of Section
658	658	2001.176, the final determination is final and appealable on the
659	659	date of publication in the Texas Register.
660	660	(c) The court shall conduct the review using the substantial
661	661	evidence rule under Section 2001.174.
662	662	[Sections 463.271-463.300 reserved for expansion]
663	663	SUBCHAPTER G. RIGHTS OF ACKNOWLEDGED TRIBE
664	664	Sec. 463.301. ACKNOWLEDGMENT OF TRIBAL STATUS;
665	665	APPLICABILITY. This subchapter applies to each tribe acknowledged
666	666	by the state under Section 463.269.
667	667	Sec. 463.302. ELIGIBILITY FOR SERVICES AND BENEFITS. (a)
668	668	Acknowledgment of tribal existence by this state under this chapter
669	669	or an earlier law is a prerequisite to the protection, services, and
670	670	benefits of the state government available to Indian tribes by
671	671	virtue of their status as tribes.
672	672	(b) The tribe is eligible for the services and benefits from
673	673	the state that are available to other federally recognized tribes.
674	674	(c) To receive benefits, the tribe must meet the specific
675	675	program requirements for programs for which it is eligible.
676	676	Sec. 463.303. STATUS AS HISTORIC TRIBE; POWERS AND DUTIES.
677	677	(a) The tribe is considered a historic tribe and is entitled to the
678	678	privileges and immunities available to other state-acknowledged
679	679	historic tribes by virtue of their state-to-tribal relationship
680	680	with this state.
681	681	(b) The tribe has the responsibilities and obligations of
682	682	historic tribes.
683	683	(c) The tribe is subject to the same authority of Texas laws
684	684	and the United States as are other state-acknowledged tribes.
685	685	Sec. 463.304. CONSULTATION WITH STATE AGENCIES REGARDING
686	686	NEEDS; GOVERNOR. (a) Not later than six months after the date of
687	687	the acknowledgment, an appropriate state agency designated by the
688	688	governor shall consult with the newly acknowledged tribe and
689	689	develop, in cooperation with the tribe, a determination of needs.
690	690	(b) A tribe may not request money from the state until the
691	691	determination of needs is completed.
692	692	(c) The state agency shall forward this determination of
693	693	needs to the governor and make recommendations to the governor
694	694	regarding those needs and budgetary requirements to fulfill the
695	695	needs.
696	696	(d) The governor shall consider the recommended budget
697	697	along with the other recommendations.
698	698	SECTION 2. This Act takes effect immediately if it receives
699	699	a vote of two-thirds of all the members elected to each house, as
700	700	provided by Section 39, Article III, Texas Constitution. If this
701	701	Act does not receive the vote necessary for immediate effect, this
702	702	Act takes effect September 1, 2009.