Texas 2013 - 83rd Regular

Texas House Bill HB941 Compare Versions

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Old	New	Differences
1	1	83R11991 CJC-F
2	2	By: M. Gonzalez of El Paso, Nevarez, White H.B. No. 941
3	3	Substitute the following for H.B. No. 941:
4	4	By: Oliveira C.S.H.B. No. 941
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to state collaboration with federally recognized Indian
10	10	tribes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. This Act may be cited as the State-Tribal
13	13	Collaboration Act.
14	14	SECTION 2. Subtitle E, Title 4, Government Code, is amended
15	15	by adding Chapter 471 to read as follows:
16	16	CHAPTER 471. STATE COLLABORATION WITH INDIAN TRIBES
17	17	Sec. 471.001. DEFINITIONS. In this chapter:
18	18	(1) "American Indian" means an individual who is:
19	19	(A) a member of a federally recognized Indian
20	20	tribe; or
21	21	(B) eligible for federal services and programs
22	22	provided to American Indians, including services and programs
23	23	provided by the United States Department of Health and Human
24	24	Services and the Bureau of Indian Affairs.
25	25	(2) "Indian tribe" or "tribe" means a federally
26	26	recognized tribe, band, pueblo, or community of American Indians
27	27	located wholly or partially in this state.
28	28	(3) "State agency" means an agency, department,
29	29	office, or other entity in the executive, legislative, or judicial
30	30	branch of state government and includes an institution of higher
31	31	education, as defined by Section 61.003, Education Code.
32	32	Sec. 471.002. COLLABORATION WITH INDIAN TRIBES; AGENCY
33	33	POLICY; REPORT. (a) Each state agency shall collaborate with
34	34	Indian tribes when developing and implementing agency policies,
35	35	agreements, and programs that directly affect American Indians.
36	36	(b) Each state agency whose policies, agreements, and
37	37	programs directly affect American Indians shall:
38	38	(1) promote effective communication and collaboration
39	39	between the state agency and Indian tribes;
40	40	(2) promote positive intergovernmental relations
41	41	between the state and Indian tribes;
42	42	(3) promote cultural competency in effectively
43	43	providing services to American Indians; and
44	44	(4) annually report to the governor and the
45	45	legislature regarding the agency's actions under this section.
46	46	Sec. 471.003. TRAINING. (a) Each state agency whose
47	47	policies, agreements, and programs directly affect American
48	48	Indians shall develop, with the assistance of a representative of
49	49	an Indian tribe, a training program that encourages effective
50	50	communication and collaboration between the agency and Indian
51	51	tribes. The training program must include the requirements in
52	52	Sections 471.002(b)(1)-(3).
53	53	(b) A state agency whose policies, agreements, and programs
54	54	directly affect American Indians may require an employee to attend
55	55	a training program developed under this section.
56	56	Sec. 471.004. ANNUAL SUMMIT. Not later than the last day of
57	57	the third quarter of each state fiscal year, the governor or the
58	58	governor's designee and the leaders of Indian tribes shall meet in a
59	59	state-tribal summit to address issues of mutual concern.
60	60	Sec. 471.005. RIGHT OF ACTION. Nothing in this chapter
61	61	creates a right of action against a state agency or waives state or
62	62	tribal immunity.
63	63	SECTION 3. This Act takes effect immediately if it receives
64	64	a vote of two-thirds of all the members elected to each house, as
65	65	provided by Section 39, Article III, Texas Constitution. If this
66	66	Act does not receive the vote necessary for immediate effect, this
67	67	Act takes effect September 1, 2013.