By: Rodriguez S.B. No. 1203
A BILL TO BE ENTITLED
AN ACT
relating to state collaboration with federally recognized Indian
tribes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the State-Tribal
Collaboration Act.
SECTION 2. Subtitle E, Title 4, Government Code, is amended
by adding Chapter 471 to read as follows:
CHAPTER 471. STATE COLLABORATION WITH INDIAN TRIBES
Sec. 471.001. DEFINITIONS. In this chapter:
(1) "American Indian" means an individual who is:
(A) a member of a federally recognized Indian
tribe; or
(B) eligible for federal services and programs
provided to American Indians, including services and programs
provided by the United States Department of Health and Human
Services and the Bureau of Indian Affairs.
(2) "Indian tribe" or "tribe" means a federally
recognized tribe, band, pueblo, or community of American Indians
having a reservation located in this state.
(3) "State agency" means an agency, department,
office, or other entity in the executive, legislative, or judicial
branch of state government and includes an institution of higher
education, as defined by Section 61.003, Education Code.
Sec. 471.002. COLLABORATION WITH INDIAN TRIBES; AGENCY
POLICY. (a) Each state agency shall collaborate with Indian
tribes when developing and implementing agency policies,
agreements, and programs that directly affect American Indians.
(b) Each state agency whose policies, agreements, and
programs directly affect American Indians shall:
(1) promote effective communication and collaboration
between the state agency and Indian tribes;
(2) promote positive intergovernmental relations
between the state and Indian tribes; and
(3) promote cultural competency in effectively
providing services to American Indians.
Sec. 471.003. ANNUAL SUMMIT. Not later than the last day
of the third quarter of each state fiscal year, the governor and the
leaders of Indian tribes shall meet in a state-tribal summit to
address issues of mutual concern.
Sec. 471.004. RIGHT OF ACTION. Nothing in this chapter
creates a right of action against a state agency or waives state or
tribal immunity.
SECTION 3. 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, 2011.