Texas 2021 - 87th Regular

Texas House Bill HB3958 Compare Versions

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

Old	New	Differences
1	1	By: Zwiener H.B. No. 3958
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to state acknowledgment of Native American tribes.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subtitle E, Title 4, Government Code, is amended
9	9	by adding Chapter 463 to read as follows:
10	10	CHAPTER 463. STATE ACKNOWLEDGMENT OF NATIVE AMERICAN TRIBES
11	11	SUBCHAPTER A. GENERAL PROVISIONS
12	12	Sec. 463.001. DEFINITIONS. In this chapter:
13	13	(1) "Autonomous" means exercising political influence
14	14	or authority independent of the control of any other Native
15	15	American governing entity. The term must be understood in the
16	16	context of the history, geography, culture, and social organization
17	17	of a petitioner.
18	18	(2) "Commission" means the Texas Historical
19	19	Commission.
20	20	(3) "Community" means any group of people that can
21	21	demonstrate that consistent interactions and significant social
22	22	relationships exist within its membership and that its members are
23	23	differentiated from and identified as distinct from nonmembers.
24	24	The term must be understood in the context of the history,
25	25	geography, culture, and social organization of a petitioner.
26	26	(4) "Continuously" or "continuous" means extending
27	27	from first sustained contact with non-indigenous Americans
28	28	throughout a group's history to the present, substantially without
29	29	interruption.
30	30	(5) "Documented petition" means the detailed
31	31	arguments made by a petitioner to substantiate its claim to
32	32	continuous existence as a Native American tribe, together with the
33	33	factual exposition and all documentary evidence necessary to
34	34	demonstrate that these arguments address the mandatory criteria in
35	35	Subchapter D.
36	36	(6) "Historically," "historical," or "history" for
37	37	purposes of this chapter means the period dating from first
38	38	sustained contact with non-indigenous Americans.
39	39	(7) "Native American group" means a Native American
40	40	aggregation in the United States.
41	41	(8) "Native American tribe" or "tribe" means a Native
42	42	American tribe, band, pueblo, village, or community in the United
43	43	States that the United States secretary of the interior
44	44	acknowledges to exist as an Indian tribe.
45	45	(9) "Indigenous" means native to this state in that at
46	46	least part of the petitioner's territory at the time of first
47	47	sustained contact with non-indigenous Americans extended into what
48	48	is now this state.
49	49	(10) "Informed party" means a person, other than an
50	50	interested party, who requests an opportunity to submit comments or
51	51	evidence or requests to be kept informed of general actions
52	52	regarding a specific petitioner.
53	53	(11) "Interested party" means a person who can
54	54	establish a legal, factual, or property interest in an
55	55	acknowledgment determination and who requests an opportunity to
56	56	submit comments or evidence or requests to be kept informed of
57	57	general actions regarding a specific petitioner. The term includes
58	58	the Texas Historical Commission and attorney general and may
59	59	include local governments and any recognized Native American tribes
60	60	or unrecognized Native American groups that might be affected by an
61	61	acknowledgment determination.
62	62	(12) "Letter of intent" means a letter or resolution
63	63	without supporting documentation by which a Native American group
64	64	requests acknowledgment as a Native American tribe under this
65	65	chapter and expresses its intent to submit a documented petition.
66	66	(13) "Member of a Native American group" means an
67	67	individual who is recognized by a Native American group as meeting
68	68	its membership criteria and who consents to being listed as a member
69	69	of that group.
70	70	(14) "Member of a Native American tribe" means an
71	71	individual who meets the membership requirements of the tribe as
72	72	set forth in its governing document or, in the absence of such a
73	73	document, has been recognized as a member collectively by those
74	74	persons constituting the tribal governing body and has consistently
75	75	maintained tribal relations with the tribe or is listed on any
76	76	tribal rolls.
77	77	(15) "Petitioner" means an entity that has submitted a
78	78	letter of intent to the Texas Historical Commission requesting
79	79	acknowledgment that it is a Native American tribe.
80	80	(16) "Political influence or authority" means a tribal
81	81	council, leadership, internal process, or other mechanism that a
82	82	group has used to influence or control the behavior of its members
83	83	in significant respects, to make decisions for the group that
84	84	substantially affect its members, or to represent the group in
85	85	dealing with nonmembers in matters of consequence. This process is
86	86	to be understood in the context of the history, culture, and social
87	87	organization of a petitioner.
88	88	(17) "Tribal relations" means participation by an
89	89	individual in a political and social relationship with a Native
90	90	American tribe.
91	91	(18) "Tribal roll" means a list of members of a Native
92	92	American group or tribe.
93	93	Sec. 463.002. APPLICABILITY; ELIGIBILITY. This chapter
94	94	applies only to Native American groups indigenous to this state:
95	95	(1) that can establish a substantially continuous
96	96	tribal existence; and
97	97	(2) that have functioned as autonomous entities
98	98	throughout history until the present.
99	99	Sec. 463.003. EXEMPTION. This chapter does not apply to:
100	100	(1) a Native American group indigenous to this state
101	101	that was previously acknowledged as a Native American or Indian
102	102	tribe of this state as of September 1, 2009;
103	103	(2) Native American groups acknowledged by and
104	104	receiving benefits from the federal Bureau of Indian Affairs as
105	105	Indian tribes, bands, or communities;
106	106	(3) associations, organizations, corporations, or
107	107	groups of any character that have been formed in recent times,
108	108	except that a Native American group that meets the criteria in
109	109	Subchapter D and that has recently incorporated or otherwise
110	110	formalized its existing autonomous political process will be viewed
111	111	as having changed its form in a manner that has no bearing on the
112	112	state's final determination under this chapter;
113	113	(4) splinter groups, political factions, communities,
114	114	or groups of any character that separate from the main body of a
115	115	currently acknowledged Native American tribe, except for a group
116	116	that can establish clearly that it has functioned throughout
117	117	history until the present as an autonomous tribal entity, even
118	118	though it has been regarded by some as a chapter of or has been
119	119	associated in some manner with an acknowledged North American
120	120	tribe;
121	121	(5) groups that previously petitioned and were denied
122	122	state acknowledgment under this chapter, including reorganized or
123	123	reconstituted petitioners that were previously denied, or splinter
124	124	groups, spin-offs, or component groups of any type that were once
125	125	part of a petitioner that was previously denied; or
126	126	(6) persons who are the subject of a state statute that
127	127	has expressly terminated or forbidden acknowledgement by the state
128	128	as a Native American tribe.
129	129	[Sections 463.004-463.050 reserved for expansion]
130	130	SUBCHAPTER B. GENERAL POWERS AND DUTIES OF THE COMMISSION AND
131	131	PETITIONERS
132	132	Sec. 463.051. LIST OF STATE-ACKNOWLEDGED TRIBES. At least
133	133	once every three years, the commission shall publish in the Texas
134	134	Register a list of all Native American tribes acknowledged by the
135	135	state under this chapter.
136	136	Sec. 463.052. AVAILABILITY OF GUIDELINES. (a) Not later
137	137	than January 1 of each odd-numbered year, the commission shall make
138	138	available revised and expanded guidelines for the preparation of
139	139	documented petitions.
140	140	(b) The guidelines must include:
141	141	(1) an explanation of the criteria and other
142	142	provisions of this chapter;
143	143	(2) a discussion of the types of evidence that may be
144	144	used to demonstrate particular criteria are met;
145	145	(3) an example of a documented petition; and
146	146	(4) general suggestions and guidelines on how and
147	147	where to conduct research.
148	148	(c) The guidelines may be supplemented or updated as
149	149	necessary. The example of a documented petition format, while
150	150	preferable for use in a documented petition, does not preclude the
151	151	use of any other format.
152	152	Sec. 463.053. ADVICE FOR PETITIONERS. (a) The commission
153	153	shall, on request, provide petitioners with suggestions and advice
154	154	regarding preparation of a documented petition.
155	155	(b) The state is not responsible for performing research on
156	156	behalf of a petitioner.
157	157	Sec. 463.054. NOTICE IN TEXAS REGISTER; MAILING NOTICE. Any
158	158	notice that under this chapter must be published in the Texas
159	159	Register shall also be mailed to the petitioner and to other
160	160	interested parties on request.
161	161	Sec. 463.055. FILING LETTER OF INTENT. (a) A Native
162	162	American group in this state that wishes to be acknowledged a Native
163	163	American tribe by this state and believes it can satisfy the
164	164	criteria prescribed by Subchapter D may file a letter of intent with
165	165	the commission. The letter must be dated and signed by the governing
166	166	body of the Native American group.
167	167	(b) A letter of intent may be filed with or before a group's
168	168	documented petition is filed.
169	169	Sec. 463.056. CONTACT AFTER LETTER OF INTENT. After a
170	170	Native American group has filed a letter of intent requesting state
171	171	acknowledgment as a Native American tribe and until that group has
172	172	actually submitted a documented petition, the commission may
173	173	contact the group periodically and request clarification, in
174	174	writing, of its intent to continue with the petitioning process.
175	175	Sec. 463.057. DISTRIBUTION OF LAW. Not later than January 1
176	176	of each odd-numbered year, the commission shall provide a copy of
177	177	this chapter to each person that has submitted a documented
178	178	petition or a letter of intent.
179	179	[Sections 463.058-463.100 reserved for expansion]
180	180	SUBCHAPTER C. DOCUMENTED PETITION PROCEDURE
181	181	Sec. 463.101. FORM OF PETITION. (a) A documented petition
182	182	may be submitted to the commission in any readable form that
183	183	contains detailed, specific evidence to support a request to the
184	184	commission to acknowledge tribal existence.
185	185	(b) The documented petition must include a certification
186	186	that is signed and dated by members of the group's governing body
187	187	and states that it is the group's official documented petition.
188	188	Sec. 463.102. CONTENT OF PETITION. (a) The documented
189	189	petition must demonstrate that the petitioner satisfies the
190	190	criteria prescribed by Subchapter D.
191	191	(b) The documented petition must include thorough
192	192	explanations and supporting documentation for each criterion and
193	193	must use and demonstrate an understanding of applicable definitions
194	194	contained in Section 463.001.
195	195	Sec. 463.103. GOVERNING DOCUMENT OR PROCEDURES; MEMBERSHIP
196	196	CRITERIA. The petition must include a copy of the group's present
197	197	governing document, including its membership criteria. In the
198	198	absence of a written document, the petitioner must provide a
199	199	statement describing in full its membership criteria and current
200	200	governing procedures.
201	201	Sec. 463.104. MEMBERSHIP LIST; STATEMENT. (a) The petition
202	202	must include a copy of the group's official membership list,
203	203	separately certified by the group's governing body. The list must
204	204	include all known current members of the group.
205	205	(b) The list must include each member's:
206	206	(1) full name, including any maiden name;
207	207	(2) date of birth; and
208	208	(3) current residential address.
209	209	(c) The petitioner must also provide:
210	210	(1) a copy of each available former list of persons who
211	211	were members based on the group's own defined criteria;
212	212	(2) a statement describing the circumstances
213	213	surrounding the preparation of the current list; and
214	214	(3) to the extent possible, the circumstances
215	215	surrounding the preparation of former lists.
216	216	Sec. 463.105. FORMS OF EVIDENCE FOR PETITION. The specific
217	217	forms of evidence listed together with the criteria prescribed by
218	218	Subchapter D are not mandatory forms of evidence. The criteria may
219	219	be met alternatively by any suitable evidence that demonstrates
220	220	that the petitioner meets the criteria.
221	221	Sec. 463.106. STANDARDS FOR REVIEWING PETITION. (a) The
222	222	commission shall consider a criterion satisfied by a petition if
223	223	the available evidence establishes a reasonable likelihood that the
224	224	criterion has been met. Conclusive proof of the facts relating to a
225	225	criterion is not required for the criterion to be considered met.
226	226	(b) The commission shall take into account:
227	227	(1) historical situations and periods for which
228	228	evidence is demonstrably limited or not available; and
229	229	(2) limitations inherent in demonstrating the
230	230	historical existence of community and political influence or
231	231	authority.
232	232	(c) Existence of community and political influence or
233	233	authority must be demonstrated on a substantially continuous basis,
234	234	not at every point in time.
235	235	(d) The commission may not deny an acknowledgment based on
236	236	fluctuations in tribal activity during the years.
237	237	(e) The commission shall interpret the criteria prescribed
238	238	by Subchapter D as applying to tribes or groups that have
239	239	historically combined and functioned as a single autonomous
240	240	political entity.
241	241	Sec. 463.107. DENIAL OF PETITION. The commission may deny a
242	242	petition:
243	243	(1) if the evidence available demonstrates that the
244	244	petitioner does not meet one or more of the criteria; or
245	245	(2) if there is insufficient evidence that the
246	246	petitioner meets one or more of the criteria.
247	247	[Sections 463.108-463.150 reserved for expansion]
248	248	SUBCHAPTER D. MANDATORY CRITERIA FOR STATE ACKNOWLEDGMENT
249	249	Sec. 463.151. IDENTIFICATION AS NATIVE AMERICAN ENTITY.
250	250	(a) The petitioner must be identified as a Native American entity
251	251	on a substantially continuous basis since 1900.
252	252	(b) Evidence that the group's character as a Native American
253	253	entity has from time to time been denied is not conclusive evidence
254	254	that this criterion has not been met.
255	255	(c) Evidence that may be considered in determining a group's
256	256	Native American identity may include:
257	257	(1) evidence of the group's:
258	258	(A) identification as a Native American entity by
259	259	state authorities;
260	260	(B) relationships with colonists or governments
261	261	based on identification of the group as Native American, including
262	262	the governments of Spain, France, Mexico, or Texas;
263	263	(C) dealings with a county or other local
264	264	government in a relationship based on the group's Native American
265	265	identity;
266	266	(D) identification as a Native American entity by
267	267	anthropologists, historians, or other scholars;
268	268	(E) identification as a Native American entity in
269	269	newspapers and books; and
270	270	(F) identification as a Native American entity in
271	271	relationships with Native American tribes or with national,
272	272	regional, or state Native American organizations; and
273	273	(2) any other evidence of the group's identification
274	274	as a Native American entity by other than the petitioner itself or
275	275	its members.
276	276	Sec. 463.152. DISTINCT COMMUNITY. (a) A predominant
277	277	portion of the petitioning group must constitute a distinct
278	278	community and have existed as a community from historical times
279	279	until the present.
280	280	(b) Evidence that the petitioner meets the definition of
281	281	community in Section 463.001 includes:
282	282	(1) significant social relationships connecting
283	283	individual members;
284	284	(2) significant rates of informal social interactions
285	285	that exist broadly among group members;
286	286	(3) a significant degree of shared or cooperative
287	287	labor or other economic activity among the membership;
288	288	(4) evidence of strong patterns of discrimination by
289	289	or other social distinctions made by nonmembers;
290	290	(5) shared sacred or secular ritual activity
291	291	encompassing most of the group;
292	292	(6) cultural patterns shared among a significant
293	293	portion of the group that differ in more than symbolic fashion from
294	294	those of the non-indigenous American populations with whom it
295	295	interacts, including language, kinship organization, and religious
296	296	beliefs and practices; and
297	297	(7) the persistence of a named, collective Native
298	298	American identity continuously over a period of more than 50 years
299	299	despite any name changes for the group.
300	300	(c) A demonstration of historical political influence under
301	301	Section 463.153 is evidence demonstrating historical community.
302	302	(d) A petitioner may demonstrate sufficient evidence of
303	303	community by showing:
304	304	(1) that more than 50 percent of the members reside in
305	305	a geographical area exclusively or almost exclusively composed of
306	306	group members, and the balance of the group maintains consistent
307	307	interaction with some members of the community;
308	308	(2) that at least 50 percent of the group members
309	309	maintain distinct cultural patterns such as language, kinship
310	310	organization, or religious beliefs and practices;
311	311	(3) the presence of distinct community social
312	312	institutions encompassing most of the members, such as kinship
313	313	organizations, formal or informal economic cooperation, or
314	314	religious organizations; or
315	315	(4) that the group has met the criterion in Section
316	316	463.153 using evidence described in Section 463.153(c).
317	317	Sec. 463.153. POLITICAL INFLUENCE AS AUTONOMOUS ENTITY.
318	318	(a) The petitioner must have maintained political influence or
319	319	authority over its members as an autonomous entity from historical
320	320	times until the present.
321	321	(b) The petitioner may demonstrate that it meets this
322	322	criterion by showing some combination of the evidence listed below
323	323	or by other evidence that the petitioner meets the definition of
324	324	political influence or authority in Section 463.001:
325	325	(1) the group is able to mobilize significant numbers
326	326	of members and significant resources from its members for group
327	327	purposes;
328	328	(2) most of the membership considers issues acted on
329	329	or actions taken by group leaders or governing bodies to be of
330	330	importance;
331	331	(3) there is widespread knowledge, communication, and
332	332	involvement in political processes by most of the group's members;
333	333	(4) the group meets the criterion in Section
334	334	463.152(d) at more than a minimal level; or
335	335	(5) there are internal conflicts that show controversy
336	336	over valued group goals, properties, policies, processes, or
337	337	decisions.
338	338	(c) A petitioner is considered to have provided sufficient
339	339	evidence to demonstrate the exercise of political influence or
340	340	authority by demonstrating that group leadership or other
341	341	mechanisms exist or existed to:
342	342	(1) allocate group resources such as land or residence
343	343	rights on a consistent basis;
344	344	(2) settle disputes between members or subgroups by
345	345	mediation or other means on a regular basis;
346	346	(3) exert strong influence on the behavior of
347	347	individual members, such as the establishment or maintenance of
348	348	norms and the enforcement of sanctions to direct or control
349	349	behavior; or
350	350	(4) organize or influence economic subsistence
351	351	activities among the members, including shared or cooperative
352	352	labor.
353	353	Sec. 463.154. MEMBERSHIP DESCENDED FROM HISTORICAL NATIVE
354	354	AMERICAN TRIBE. (a) The petitioner must show that its membership
355	355	consists of individuals who descend from a historical Native
356	356	American tribe or from historical Native American tribes that
357	357	combined and functioned as a single autonomous political entity.
358	358	(b) Evidence sufficient to prove this criterion includes:
359	359	(1) rolls prepared by the commission on a lineal
360	360	descendant basis for purposes of distributing claims money,
361	361	providing allotments, or other purposes;
362	362	(2) state, federal, or other official records or
363	363	evidence identifying present members or ancestors of present
364	364	members as being descendants of a historical tribe or tribes that
365	365	combined and functioned as a single autonomous political entity;
366	366	(3) church, school, and other similar enrollment
367	367	records identifying present members or ancestors of present members
368	368	as being descendants of a historical tribe or tribes that combined
369	369	and functioned as a single autonomous political entity;
370	370	(4) affidavits of recognition by tribal elders, tribal
371	371	leaders, or the tribal governing body, identifying present members
372	372	or ancestors of present members as being descendants of a
373	373	historical tribe or tribes that combined and functioned as a single
374	374	autonomous political entity; or
375	375	(5) other reliable records or evidence identifying
376	376	present members or ancestors of present members as being
377	377	descendants of a historical tribe or tribes that combined and
378	378	functioned as a single autonomous political entity.
379	379	Sec. 463.155. CRITERION REGARDING MEMBERSHIP IN OTHER
380	380	ACKNOWLEDGED TRIBES. (a) Except as provided by Subsection (b), the
381	381	membership of the petitioner must be composed principally of
382	382	persons who are not members of any North American tribe
383	383	acknowledged under this chapter or described by Section 463.003(1).
384	384	(b) The petitioner may be acknowledged even if its
385	385	membership is composed principally of persons whose names have
386	386	appeared on rolls of, or who have been otherwise associated with, a
387	387	different and acknowledged Native American tribe, if the petitioner
388	388	establishes that:
389	389	(1) it has functioned throughout history until the
390	390	present as a separate and autonomous Native American tribal entity;
391	391	(2) its members do not maintain a bilateral political
392	392	relationship with the different and acknowledged tribe; and
393	393	(3) its members have provided written confirmation of
394	394	their membership in the petitioning group.
395	395	[Sections 463.156-463.200 reserved for expansion]
396	396	SUBCHAPTER E. NOTICE AND PUBLISHING REQUIREMENTS
397	397	Sec. 463.201. RECEIPT OF PETITION; TIMING OF NOTICE. Not
398	398	later than the 30th day after the date the commission receives a
399	399	letter of intent, or a documented petition if a letter of intent has
400	400	not previously been received and noticed, the commission shall
401	401	acknowledge the receipt in writing to the petitioner and publish
402	402	notice of the receipt in accordance with this subchapter.
403	403	Sec. 463.202. CONTENT OF NOTICE. (a) The notice published
404	404	by the commission must include the name, location, and mailing
405	405	address of the petitioner and any other information necessary to
406	406	identify the entity submitting the letter of intent or documented
407	407	petition and the date it was received.
408	408	(b) The notice must also announce the opportunity for
409	409	interested parties and informed parties to submit factual or legal
410	410	arguments in support of or in opposition to the petitioner's
411	411	request for acknowledgment or to request to be kept informed of all
412	412	general actions affecting the petition.
413	413	(c) The notice must indicate where a copy of the letter of
414	414	intent and the documented petition may be examined.
415	415	Sec. 463.203. PUBLISHING REQUIRED. (a) The commission
416	416	shall publish the notice in the Texas Register.
417	417	(b) The commission shall publish the notice and the letter
418	418	of intent, or the documented petition if a letter of intent has not
419	419	been previously received, in a major newspaper or newspapers of
420	420	general circulation in the municipality nearest to the petitioner.
421	421	Sec. 463.204. ADDITIONAL REQUIREMENTS FOR NOTICE TO
422	422	LEGISLATURE, ATTORNEY GENERAL, AND CERTAIN OTHER PARTIES. The
423	423	commission shall provide the notice prepared under Section 463.203
424	424	to:
425	425	(1) the presiding officer of each house of the
426	426	legislature;
427	427	(2) the attorney general; and
428	428	(3) any recognized or acknowledged tribe and any other
429	429	petitioner that appears to have a historical or present
430	430	relationship with the petitioner or who may otherwise be considered
431	431	to have a potential interest in the acknowledgment determination.
432	432	[Sections 463.205-463.250 reserved for expansion]
433	433	SUBCHAPTER F. PROCESSING OF DOCUMENTED PETITION
434	434	Sec. 463.251. GENERAL DUTIES OF THE COMMISSION REGARDING
435	435	REVIEW. (a) On receipt of a documented petition, the commission
436	436	shall review the petition to determine whether the petitioner is
437	437	entitled to be acknowledged as a Native American tribe.
438	438	(b) The commission may initiate other research for any
439	439	purpose relative to analyzing the documented petition and obtaining
440	440	additional information about the petitioner's status.
441	441	(c) The commission may consider any evidence submitted by
442	442	interested parties or informed parties.
443	443	Sec. 463.252. PRELIMINARY TECHNICAL ASSISTANCE REVIEW. (a)
444	444	Before active consideration of the documented petition, the
445	445	commission shall conduct a preliminary review of the petition for
446	446	purposes of technical assistance.
447	447	(b) A technical assistance review is not a review to
448	448	determine if the petitioner is entitled to be acknowledged as a
449	449	Native American tribe. The technical assistance review must
450	450	provide the petitioner an opportunity to supplement or revise the
451	451	documented petition before active consideration.
452	452	(c) The commission shall attempt to conduct technical
453	453	assistance reviews in the order of receipt of documented petitions.
454	454	(d) The commission shall give priority to active
455	455	consideration of other documented petitions over technical
456	456	assistance reviews.
457	457	Sec. 463.253. NOTIFICATION OF DEFECTS BASED ON TECHNICAL
458	458	REVIEW. After the technical assistance review, the commission
459	459	shall notify the petitioner by letter of any obvious deficiencies
460	460	or significant omissions apparent in the documented petition and
461	461	provide the petitioner with an opportunity to withdraw the
462	462	documented petition for further work or to submit additional
463	463	information or clarification.
464	464	Sec. 463.254. PETITIONER'S RESPONSE TO TECHNICAL REVIEW;
465	465	REQUEST FOR ADDITIONAL REVIEW. (a) In responding to a technical
466	466	assistance review, a petitioner may:
467	467	(1) respond in full or in part to the technical
468	468	assistance review letter; or
469	469	(2) request in writing that the commission proceed
470	470	with active consideration of the documented petition, using the
471	471	materials already submitted.
472	472	(b) If the petitioner requests that the materials submitted
473	473	in response to the technical assistance review letter be reviewed
474	474	again for adequacy, the commission shall provide the additional
475	475	review.
476	476	Sec. 463.255. ORDER OF CONSIDERATION: NOTIFICATION. (a) The
477	477	commission shall determine the order of consideration of documented
478	478	petitions based on whether a documented petition is ready for
479	479	active consideration.
480	480	(b) The commission shall notify the petitioner that the
481	481	documented petition is ready to be placed on active consideration.
482	482	Sec. 463.256. ORDER OF CONSIDERATION: REGISTER OF LETTERS
483	483	OF INTENT AND DOCUMENTED PETITIONS. (a) The commission shall
484	484	establish and maintain a numbered register of documented petitions
485	485	that have been determined ready for active consideration.
486	486	(b) The commission shall maintain a numbered register of
487	487	letters of intent or incomplete petitions based on the original
488	488	date of filing with the commission.
489	489	(c) If two or more documented petitions are determined ready
490	490	for active consideration on the same date, the register shall list
491	491	the order of active consideration as determined by the commission.
492	492	Sec. 463.257. INITIAL INVESTIGATION OF EVIDENCE. Before
493	493	actively considering a documented petition, the commission shall
494	494	investigate any petitioner whose documented petition and response
495	495	to the technical assistance review letter indicates that there is
496	496	little or no evidence that establishes that the group can meet the
497	497	mandatory criteria in Section 463.154 or 463.155.
498	498	Sec. 463.258. LACK OF EVIDENCE AFTER INITIAL INVESTIGATION;
499	499	DECLINE OF ACKNOWLEDGMENT; COMMENTS. If the initial investigation
500	500	shows that the evidence clearly establishes that the group does not
501	501	meet the mandatory criteria in Section 463.154 or 463.155, the
502	502	commission:
503	503	(1) may not undertake a full consideration of the
504	504	documented petition under all of the mandatory criteria; and
505	505	(2) shall decline the petition and publish a proposed
506	506	finding in the Texas Register that the commission has declined to
507	507	acknowledge that the petitioner is a Native American tribe.
508	508	Sec. 463.259. SUFFICIENT EVIDENCE AFTER INITIAL
509	509	INVESTIGATION; NOTICE OF ACTIVE CONSIDERATION. (a) If the
510	510	commission does not decline the petition under Section 463.258, the
511	511	commission shall, during active consideration of the documented
512	512	petition, undertake a full evaluation of the documented petition
513	513	under the mandatory criteria.
514	514	(b) The commission shall notify the petitioner and
515	515	interested parties that the documented petition is under active
516	516	consideration. The notice must include:
517	517	(1) the name, office address, and telephone number of
518	518	the staff member with primary administrative responsibility for the
519	519	petition;
520	520	(2) the names of the researchers conducting the
521	521	evaluation of the petition and the name of their supervisor; and
522	522	(3) any substantive comment on the petition received
523	523	before active consideration or during the preparation of the
524	524	proposed findings.
525	525	(c) The petitioner may respond to any substantive comments
526	526	contained in the notice.
527	527	Sec. 463.260. SUSPENSION OF ACTIVE CONSIDERATION. (a) The
528	528	commission may suspend active consideration of a documented
529	529	petition, either conditionally or for a stated period, on a showing
530	530	to the petitioner that there are technical problems with the
531	531	documented petition or administrative problems that temporarily
532	532	preclude continuing active consideration.
533	533	(b) On resolution of the technical or administrative
534	534	problems that are the basis for a suspension under Subsection (a),
535	535	the documented petition has priority on the numbered register of
536	536	documented petitions to the extent possible. The commission shall
537	537	notify the petitioner and interested parties when active
538	538	consideration of the documented petition is resumed.
539	539	(c) The commission is not required to cease consideration
540	540	based on requests by the petitioner or interested parties to cease
541	541	consideration. The commission may consider a request by a
542	542	petitioner for suspension of consideration and may grant the
543	543	request for good cause.
544	544	(d) The timetables in this subchapter shall begin anew on
545	545	the resumption of active consideration.
546	546	Sec. 463.261. PROPOSED FINDINGS; EXTENSION OF TIME. (a) Not
547	547	later than the first anniversary of the date the commission
548	548	notified the petitioner that active consideration of the documented
549	549	petition has begun, the commission shall publish the proposed
550	550	findings in the Texas Register.
551	551	(b) The commission may extend the one-year period for not
552	552	more than an additional 180 days. The commission shall notify the
553	553	petitioner and interested parties of the extension.
554	554	(c) In addition to the proposed findings, the commission
555	555	shall prepare a report summarizing the evidence, reasoning, and
556	556	analyses that are the basis for the proposed decision. The
557	557	commission shall provide the report to the petitioner, interested
558	558	parties, and informed parties and make the report available to
559	559	others on written request.
560	560	Sec. 463.262. COMMENT ON FINDINGS. (a) Not later than the
561	561	180th day after the date of publication of the proposed findings,
562	562	the petitioner or any other person wishing to challenge or support
563	563	the proposed findings may submit arguments and evidence to the
564	564	commission to rebut or support the proposed findings.
565	565	(b) The commission may extend the period for comment up to
566	566	an additional 180 days for good cause. The commission shall notify
567	567	the petitioner and interested parties of an extension.
568	568	(c) Interested and informed parties who submit arguments
569	569	and evidence to the commission shall provide copies of their
570	570	submissions to the petitioner.
571	571	(d) During the comment period, the commission shall provide
572	572	technical advice concerning the factual basis for the proposed
573	573	findings, the reasoning used in preparing them, and suggestions
574	574	regarding the preparation of materials in response to the proposed
575	575	findings. The commission shall make available to the petitioner in
576	576	a timely fashion any records used for the proposed findings not
577	577	already held by the petitioner, to the extent allowed by state law.
578	578	(e) The commission may not accept further comments from
579	579	interested or informed parties after the end of the regular
580	580	response period.
581	581	Sec. 463.263. FORMAL MEETING. (a) During the comment
582	582	period and if requested by the petitioner or any interested party,
583	583	the commission shall hold a formal meeting to respond to inquiries
584	584	about the reasoning, analyses, and factual bases for the proposed
585	585	findings.
586	586	(b) The proceedings of the meeting are a public record.
587	587	(c) The record of the meeting may be considered by the
588	588	commission in reaching a final determination.
589	589	Sec. 463.264. PETITIONER'S RESPONSE TO OTHER SUBMISSIONS.
590	590	(a) During the comment period and not later than the 60th day after
591	591	the date of a submission, the petitioner may respond to any
592	592	submissions by interested and informed parties.
593	593	(b) The commission may extend the time to respond if
594	594	warranted by the extent and nature of the comments or submissions.
595	595	(c) The commission shall notify the petitioner and
596	596	interested parties by letter of any extension.
597	597	Sec. 463.265. PERIOD FOR CONSIDERATION OF ARGUMENTS ON
598	598	PROPOSED FINDINGS. (a) After completion of the comment period, the
599	599	commission shall consult with the petitioner and interested parties
600	600	to determine an equitable length of time for the consideration of
601	601	written arguments and evidence submitted during the response
602	602	period.
603	603	(b) The commission shall notify the petitioner and
604	604	interested parties of the period chosen.
605	605	Sec. 463.266. UNSOLICITED COMMENTS RECEIVED AFTER COMMENT
606	606	PERIOD. In making a final determination, the commission may not
607	607	consider unsolicited comments submitted after the close of the
608	608	comment period under Section 463.262.
609	609	Sec. 463.267. ADDITIONAL INFORMATION AND RESEARCH. (a)
610	610	The commission may request additional explanations and information
611	611	from the petitioner or from commenting parties to support or
612	612	supplement their comments on a proposed finding.
613	613	(b) The commission may conduct additional research
614	614	necessary to evaluate and supplement the record.
615	615	(c) The commission shall include the information and
616	616	research obtained under this section in the petition record.
617	617	Sec. 463.268. FINAL DETERMINATION; PUBLICATION. (a) After
618	618	consideration of the written arguments and evidence rebutting or
619	619	supporting the proposed findings and the petitioner's response to
620	620	the comments of interested parties and informed parties, the
621	621	commission shall make a final determination regarding the
622	622	petitioner's status.
623	623	(b) Not later than the 60th day after the date on which the
624	624	consideration of the written arguments and evidence rebutting or
625	625	supporting the proposed findings began, the commission shall
626	626	publish a summary of the written arguments and evidence together
627	627	with the final determination in the Texas Register.
628	628	(c) The commission may extend the period for the preparation
629	629	of a final determination if warranted by the extent and nature of
630	630	evidence and arguments received during the comment period.
631	631	(d) The commission shall notify the petitioner and
632	632	interested parties of the extension.
633	633	(e) The final determination takes effect on the 90th day
634	634	after the date of publication in the Texas Register if the
635	635	determination is not appealed under Section 463.270. If the
636	636	determination is appealed under Section 463.270, the final
637	637	determination takes effect on the 90th day after the exhaustion of
638	638	judicial review, including any remands and later final
639	639	determinations and appeals.
640	640	Sec. 463.269. EFFECT OF FINAL DETERMINATION;
641	641	ACKNOWLEDGMENT BY STATE. (a) If the commission determines that the
642	642	group satisfies the criteria prescribed by Subchapter D, the
643	643	commission shall acknowledge, on behalf of the state, the existence
644	644	of the petitioner as a Native American tribe. This determination is
645	645	final for the state.
646	646	(b) If the commission determines that the group fails to
647	647	satisfy a criterion prescribed by Subchapter D, the commission
648	648	shall decline to acknowledge that the petitioner is a Native
649	649	American tribe.
650	650	(c) If the commission declines to acknowledge that a
651	651	petitioner is a Native American tribe, the commission shall inform
652	652	the petitioner of alternatives, if any, to acknowledgment under
653	653	these procedures. Alternatives may include other means through
654	654	which the petitioning group may achieve the status of an
655	655	acknowledged Native American tribe or through which any of its
656	656	members may become eligible for services and benefits from the
657	657	state as Native Americans, or become members of an acknowledged
658	658	Native American tribe.
659	659	Sec. 463.270. JUDICIAL REVIEW OF FINAL DETERMINATION. (a)
660	660	The petitioner or any interested party may request judicial review
661	661	of the final determination in a Travis County district court.
662	662	(b) The district court shall review the final determination
663	663	under Subchapter G, Chapter 2001, as if the determination were a
664	664	contested case under Chapter 2001, except that a motion for
665	665	rehearing is not a prerequisite for review. For purposes of Section
666	666	2001.176, the final determination is final and appealable on the
667	667	date of publication in the Texas Register.
668	668	(c) The court shall conduct the review using the substantial
669	669	evidence rule under Section 2001.174.
670	670	[Sections 463.271-463.300 reserved for expansion]
671	671	SUBCHAPTER G. RIGHTS OF ACKNOWLEDGED TRIBE
672	672	Sec. 463.301. ACKNOWLEDGMENT OF TRIBAL STATUS;
673	673	APPLICABILITY. This subchapter applies to each tribe acknowledged
674	674	by the state under Section 463.269.
675	675	Sec. 463.302. ELIGIBILITY FOR SERVICES AND BENEFITS. (a)
676	676	Acknowledgment of tribal existence by this state under this chapter
677	677	or an earlier law is a prerequisite to the protection, services, and
678	678	benefits of the state government available to Native American
679	679	tribes by virtue of their status as tribes.
680	680	(b) The tribe is eligible for the services and benefits from
681	681	the state that are available to other federally recognized tribes.
682	682	(c) To receive benefits, the tribe must meet the specific
683	683	program requirements for programs for which it is eligible.
684	684	Sec. 463.303. STATUS AS HISTORIC TRIBE; POWERS AND DUTIES.
685	685	(a) The tribe is considered a historic tribe and is entitled to the
686	686	privileges and immunities available to other state-acknowledged
687	687	historic tribes by virtue of their state-to-tribal relationship
688	688	with this state.
689	689	(b) The tribe has the responsibilities and obligations of
690	690	historic tribes.
691	691	(c) The tribe is subject to the same authority of Texas laws
692	692	and the United States as are other state-acknowledged tribes.
693	693	SECTION 2. This Act takes effect immediately if it receives
694	694	a vote of two-thirds of all the members elected to each house, as
695	695	provided by Section 39, Article III, Texas Constitution. If this
696	696	Act does not receive the vote necessary for immediate effect, this
697	697	Act takes effect September 1, 2021.