Texas 2015 - 84th Regular

Texas House Bill HB63 Compare Versions

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1-84R14718 CJC-F
2- By: González, Farrar H.B. No. 63
3- Substitute the following for H.B. No. 63:
4- By: Giddings C.S.H.B. No. 63
1+By: González, Farrar, White of Tyler, Blanco H.B. No. 63
52
63
74 A BILL TO BE ENTITLED
85 AN ACT
96 relating to state collaboration with federally recognized Indian
107 tribes.
118 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
129 SECTION 1. This Act may be cited as the State-Tribal
1310 Collaboration Act.
1411 SECTION 2. Subtitle E, Title 4, Government Code, is amended
1512 by adding Chapter 471 to read as follows:
1613 CHAPTER 471. STATE COLLABORATION WITH INDIAN TRIBES
1714 Sec. 471.001. DEFINITIONS. In this chapter:
1815 (1) "American Indian" means an individual who is:
1916 (A) a member of a federally recognized Indian
2017 tribe; or
2118 (B) eligible for federal services and programs
2219 provided to American Indians, including services and programs
2320 provided by the United States Department of Health and Human
2421 Services and the Bureau of Indian Affairs.
2522 (2) "Indian tribe" means a federally recognized tribe,
2623 band, pueblo, or community of American Indians located wholly or
2724 partially in this state.
2825 (3) "State agency" means an agency, department,
2926 office, or other entity in the executive, legislative, or judicial
3027 branch of state government and includes an institution of higher
3128 education, as defined by Section 61.003, Education Code.
32- Sec. 471.002. COLLABORATION WITH INDIAN TRIBES; AGENCY
33- POLICY; REPORT. (a) Each state agency shall collaborate with
34- Indian tribes when developing and implementing agency policies,
35- agreements, and programs that directly affect American Indians.
36- (b) Each state agency whose policies, agreements, and
37- programs directly affect American Indians shall:
38- (1) promote effective communication and collaboration
39- between the state agency and Indian tribes;
40- (2) promote positive intergovernmental relations
41- between the state and Indian tribes;
42- (3) promote cultural competency in effectively
43- providing services to American Indians; and
44- (4) annually report to the governor and the
45- legislature regarding the agency's actions under this section.
46- Sec. 471.003. TRAINING. (a) Each state agency whose
47- policies, agreements, and programs directly affect American
48- Indians shall develop, with the assistance of a representative of
49- an Indian tribe, a training program that encourages effective
50- communication and collaboration between the agency and Indian
51- tribes. The training program must include the requirements in
52- Sections 471.002(b)(1)-(3).
53- (b) A state agency whose policies, agreements, and programs
54- directly affect American Indians may require an employee to attend
55- a training program developed under this section.
56- Sec. 471.004. ANNUAL SUMMIT. Not later than the last day of
57- the third quarter of each state fiscal year, the governor, or a
58- person designated by the governor, and the leaders of Indian tribes
59- shall meet in a state-tribal summit to address issues of mutual
60- concern. If the governor is not available due to an emergency, the
61- governor may designate an employee of the governor's office, a
29+ Sec. 471.002. ANNUAL MEETING. Not later than the last day
30+ of the third quarter of each state fiscal year, the office of the
31+ governor and the leaders of Indian tribes shall meet to address
32+ issues of mutual concern. An employee of the governor's office, a
6233 member of the legislature, or an employee of an appropriate state
63- agency to attend the summit.
64- Sec. 471.005. RIGHT OF ACTION. Nothing in this chapter
34+ agency may attend the meeting.
35+ Sec. 471.003. RIGHT OF ACTION. Nothing in this chapter
6536 creates a right of action against a state agency or waives state or
6637 tribal immunity.
6738 SECTION 3. This Act takes effect immediately if it receives
6839 a vote of two-thirds of all the members elected to each house, as
6940 provided by Section 39, Article III, Texas Constitution. If this
7041 Act does not receive the vote necessary for immediate effect, this
7142 Act takes effect September 1, 2015.