83R11991 CJC-F
By: M. Gonzalez of El Paso, Nevarez, White H.B. No. 941
Substitute the following for H.B. No. 941:
By: Oliveira C.S.H.B. No. 941
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
located wholly or partially 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; REPORT. (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;
(3) promote cultural competency in effectively
providing services to American Indians; and
(4) annually report to the governor and the
legislature regarding the agency's actions under this section.
Sec. 471.003. TRAINING. (a) Each state agency whose
policies, agreements, and programs directly affect American
Indians shall develop, with the assistance of a representative of
an Indian tribe, a training program that encourages effective
communication and collaboration between the agency and Indian
tribes. The training program must include the requirements in
Sections 471.002(b)(1)-(3).
(b) A state agency whose policies, agreements, and programs
directly affect American Indians may require an employee to attend
a training program developed under this section.
Sec. 471.004. ANNUAL SUMMIT. Not later than the last day of
the third quarter of each state fiscal year, the governor or the
governor's designee and the leaders of Indian tribes shall meet in a
state-tribal summit to address issues of mutual concern.
Sec. 471.005. 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, 2013.