By: Zwiener H.B. No. 3958
A BILL TO BE ENTITLED
AN ACT
relating to state acknowledgment of Native American tribes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle E, Title 4, Government Code, is amended
by adding Chapter 463 to read as follows:
CHAPTER 463. STATE ACKNOWLEDGMENT OF NATIVE AMERICAN TRIBES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 463.001. DEFINITIONS. In this chapter:
(1) "Autonomous" means exercising political influence
or authority independent of the control of any other Native
American governing entity. The term must be understood in the
context of the history, geography, culture, and social organization
of a petitioner.
(2) "Commission" means the Texas Historical
Commission.
(3) "Community" means any group of people that can
demonstrate that consistent interactions and significant social
relationships exist within its membership and that its members are
differentiated from and identified as distinct from nonmembers.
The term must be understood in the context of the history,
geography, culture, and social organization of a petitioner.
(4) "Continuously" or "continuous" means extending
from first sustained contact with non-indigenous Americans
throughout a group's history to the present, substantially without
interruption.
(5) "Documented petition" means the detailed
arguments made by a petitioner to substantiate its claim to
continuous existence as a Native American tribe, together with the
factual exposition and all documentary evidence necessary to
demonstrate that these arguments address the mandatory criteria in
Subchapter D.
(6) "Historically," "historical," or "history" for
purposes of this chapter means the period dating from first
sustained contact with non-indigenous Americans.
(7) "Native American group" means a Native American
aggregation in the United States.
(8) "Native American tribe" or "tribe" means a Native
American tribe, band, pueblo, village, or community in the United
States that the United States secretary of the interior
acknowledges to exist as an Indian tribe.
(9) "Indigenous" means native to this state in that at
least part of the petitioner's territory at the time of first
sustained contact with non-indigenous Americans extended into what
is now this state.
(10) "Informed party" means a person, other than an
interested party, who requests an opportunity to submit comments or
evidence or requests to be kept informed of general actions
regarding a specific petitioner.
(11) "Interested party" means a person who can
establish a legal, factual, or property interest in an
acknowledgment determination and who requests an opportunity to
submit comments or evidence or requests to be kept informed of
general actions regarding a specific petitioner. The term includes
the Texas Historical Commission and attorney general and may
include local governments and any recognized Native American tribes
or unrecognized Native American groups that might be affected by an
acknowledgment determination.
(12) "Letter of intent" means a letter or resolution
without supporting documentation by which a Native American group
requests acknowledgment as a Native American tribe under this
chapter and expresses its intent to submit a documented petition.
(13) "Member of a Native American group" means an
individual who is recognized by a Native American group as meeting
its membership criteria and who consents to being listed as a member
of that group.
(14) "Member of a Native American tribe" means an
individual who meets the membership requirements of the tribe as
set forth in its governing document or, in the absence of such a
document, has been recognized as a member collectively by those
persons constituting the tribal governing body and has consistently
maintained tribal relations with the tribe or is listed on any
tribal rolls.
(15) "Petitioner" means an entity that has submitted a
letter of intent to the Texas Historical Commission requesting
acknowledgment that it is a Native American tribe.
(16) "Political influence or authority" means a tribal
council, leadership, internal process, or other mechanism that a
group has used to influence or control the behavior of its members
in significant respects, to make decisions for the group that
substantially affect its members, or to represent the group in
dealing with nonmembers in matters of consequence. This process is
to be understood in the context of the history, culture, and social
organization of a petitioner.
(17) "Tribal relations" means participation by an
individual in a political and social relationship with a Native
American tribe.
(18) "Tribal roll" means a list of members of a Native
American group or tribe.
Sec. 463.002. APPLICABILITY; ELIGIBILITY. This chapter
applies only to Native American groups indigenous to this state:
(1) that can establish a substantially continuous
tribal existence; and
(2) that have functioned as autonomous entities
throughout history until the present.
Sec. 463.003. EXEMPTION. This chapter does not apply to:
(1) a Native American group indigenous to this state
that was previously acknowledged as a Native American or Indian
tribe of this state as of September 1, 2009;
(2) Native American groups acknowledged by and
receiving benefits from the federal Bureau of Indian Affairs as
Indian tribes, bands, or communities;
(3) associations, organizations, corporations, or
groups of any character that have been formed in recent times,
except that a Native American group that meets the criteria in
Subchapter D and that has recently incorporated or otherwise
formalized its existing autonomous political process will be viewed
as having changed its form in a manner that has no bearing on the
state's final determination under this chapter;
(4) splinter groups, political factions, communities,
or groups of any character that separate from the main body of a
currently acknowledged Native American tribe, except for a group
that can establish clearly that it has functioned throughout
history until the present as an autonomous tribal entity, even
though it has been regarded by some as a chapter of or has been
associated in some manner with an acknowledged North American
tribe;
(5) groups that previously petitioned and were denied
state acknowledgment under this chapter, including reorganized or
reconstituted petitioners that were previously denied, or splinter
groups, spin-offs, or component groups of any type that were once
part of a petitioner that was previously denied; or
(6) persons who are the subject of a state statute that
has expressly terminated or forbidden acknowledgement by the state
as a Native American tribe.
[Sections 463.004-463.050 reserved for expansion]
SUBCHAPTER B. GENERAL POWERS AND DUTIES OF THE COMMISSION AND
PETITIONERS
Sec. 463.051. LIST OF STATE-ACKNOWLEDGED TRIBES. At least
once every three years, the commission shall publish in the Texas
Register a list of all Native American tribes acknowledged by the
state under this chapter.
Sec. 463.052. AVAILABILITY OF GUIDELINES. (a) Not later
than January 1 of each odd-numbered year, the commission shall make
available revised and expanded guidelines for the preparation of
documented petitions.
(b) The guidelines must include:
(1) an explanation of the criteria and other
provisions of this chapter;
(2) a discussion of the types of evidence that may be
used to demonstrate particular criteria are met;
(3) an example of a documented petition; and
(4) general suggestions and guidelines on how and
where to conduct research.
(c) The guidelines may be supplemented or updated as
necessary. The example of a documented petition format, while
preferable for use in a documented petition, does not preclude the
use of any other format.
Sec. 463.053. ADVICE FOR PETITIONERS. (a) The commission
shall, on request, provide petitioners with suggestions and advice
regarding preparation of a documented petition.
(b) The state is not responsible for performing research on
behalf of a petitioner.
Sec. 463.054. NOTICE IN TEXAS REGISTER; MAILING NOTICE. Any
notice that under this chapter must be published in the Texas
Register shall also be mailed to the petitioner and to other
interested parties on request.
Sec. 463.055. FILING LETTER OF INTENT. (a) A Native
American group in this state that wishes to be acknowledged a Native
American tribe by this state and believes it can satisfy the
criteria prescribed by Subchapter D may file a letter of intent with
the commission. The letter must be dated and signed by the governing
body of the Native American group.
(b) A letter of intent may be filed with or before a group's
documented petition is filed.
Sec. 463.056. CONTACT AFTER LETTER OF INTENT. After a
Native American group has filed a letter of intent requesting state
acknowledgment as a Native American tribe and until that group has
actually submitted a documented petition, the commission may
contact the group periodically and request clarification, in
writing, of its intent to continue with the petitioning process.
Sec. 463.057. DISTRIBUTION OF LAW. Not later than January 1
of each odd-numbered year, the commission shall provide a copy of
this chapter to each person that has submitted a documented
petition or a letter of intent.
[Sections 463.058-463.100 reserved for expansion]
SUBCHAPTER C. DOCUMENTED PETITION PROCEDURE
Sec. 463.101. FORM OF PETITION. (a) A documented petition
may be submitted to the commission in any readable form that
contains detailed, specific evidence to support a request to the
commission to acknowledge tribal existence.
(b) The documented petition must include a certification
that is signed and dated by members of the group's governing body
and states that it is the group's official documented petition.
Sec. 463.102. CONTENT OF PETITION. (a) The documented
petition must demonstrate that the petitioner satisfies the
criteria prescribed by Subchapter D.
(b) The documented petition must include thorough
explanations and supporting documentation for each criterion and
must use and demonstrate an understanding of applicable definitions
contained in Section 463.001.
Sec. 463.103. GOVERNING DOCUMENT OR PROCEDURES; MEMBERSHIP
CRITERIA. The petition must include a copy of the group's present
governing document, including its membership criteria. In the
absence of a written document, the petitioner must provide a
statement describing in full its membership criteria and current
governing procedures.
Sec. 463.104. MEMBERSHIP LIST; STATEMENT. (a) The petition
must include a copy of the group's official membership list,
separately certified by the group's governing body. The list must
include all known current members of the group.
(b) The list must include each member's:
(1) full name, including any maiden name;
(2) date of birth; and
(3) current residential address.
(c) The petitioner must also provide:
(1) a copy of each available former list of persons who
were members based on the group's own defined criteria;
(2) a statement describing the circumstances
surrounding the preparation of the current list; and
(3) to the extent possible, the circumstances
surrounding the preparation of former lists.
Sec. 463.105. FORMS OF EVIDENCE FOR PETITION. The specific
forms of evidence listed together with the criteria prescribed by
Subchapter D are not mandatory forms of evidence. The criteria may
be met alternatively by any suitable evidence that demonstrates
that the petitioner meets the criteria.
Sec. 463.106. STANDARDS FOR REVIEWING PETITION. (a) The
commission shall consider a criterion satisfied by a petition if
the available evidence establishes a reasonable likelihood that the
criterion has been met. Conclusive proof of the facts relating to a
criterion is not required for the criterion to be considered met.
(b) The commission shall take into account:
(1) historical situations and periods for which
evidence is demonstrably limited or not available; and
(2) limitations inherent in demonstrating the
historical existence of community and political influence or
authority.
(c) Existence of community and political influence or
authority must be demonstrated on a substantially continuous basis,
not at every point in time.
(d) The commission may not deny an acknowledgment based on
fluctuations in tribal activity during the years.
(e) The commission shall interpret the criteria prescribed
by Subchapter D as applying to tribes or groups that have
historically combined and functioned as a single autonomous
political entity.
Sec. 463.107. DENIAL OF PETITION. The commission may deny a
petition:
(1) if the evidence available demonstrates that the
petitioner does not meet one or more of the criteria; or
(2) if there is insufficient evidence that the
petitioner meets one or more of the criteria.
[Sections 463.108-463.150 reserved for expansion]
SUBCHAPTER D. MANDATORY CRITERIA FOR STATE ACKNOWLEDGMENT
Sec. 463.151. IDENTIFICATION AS NATIVE AMERICAN ENTITY.
(a) The petitioner must be identified as a Native American entity
on a substantially continuous basis since 1900.
(b) Evidence that the group's character as a Native American
entity has from time to time been denied is not conclusive evidence
that this criterion has not been met.
(c) Evidence that may be considered in determining a group's
Native American identity may include:
(1) evidence of the group's:
(A) identification as a Native American entity by
state authorities;
(B) relationships with colonists or governments
based on identification of the group as Native American, including
the governments of Spain, France, Mexico, or Texas;
(C) dealings with a county or other local
government in a relationship based on the group's Native American
identity;
(D) identification as a Native American entity by
anthropologists, historians, or other scholars;
(E) identification as a Native American entity in
newspapers and books; and
(F) identification as a Native American entity in
relationships with Native American tribes or with national,
regional, or state Native American organizations; and
(2) any other evidence of the group's identification
as a Native American entity by other than the petitioner itself or
its members.
Sec. 463.152. DISTINCT COMMUNITY. (a) A predominant
portion of the petitioning group must constitute a distinct
community and have existed as a community from historical times
until the present.
(b) Evidence that the petitioner meets the definition of
community in Section 463.001 includes:
(1) significant social relationships connecting
individual members;
(2) significant rates of informal social interactions
that exist broadly among group members;
(3) a significant degree of shared or cooperative
labor or other economic activity among the membership;
(4) evidence of strong patterns of discrimination by
or other social distinctions made by nonmembers;
(5) shared sacred or secular ritual activity
encompassing most of the group;
(6) cultural patterns shared among a significant
portion of the group that differ in more than symbolic fashion from
those of the non-indigenous American populations with whom it
interacts, including language, kinship organization, and religious
beliefs and practices; and
(7) the persistence of a named, collective Native
American identity continuously over a period of more than 50 years
despite any name changes for the group.
(c) A demonstration of historical political influence under
Section 463.153 is evidence demonstrating historical community.
(d) A petitioner may demonstrate sufficient evidence of
community by showing:
(1) that more than 50 percent of the members reside in
a geographical area exclusively or almost exclusively composed of
group members, and the balance of the group maintains consistent
interaction with some members of the community;
(2) that at least 50 percent of the group members
maintain distinct cultural patterns such as language, kinship
organization, or religious beliefs and practices;
(3) the presence of distinct community social
institutions encompassing most of the members, such as kinship
organizations, formal or informal economic cooperation, or
religious organizations; or
(4) that the group has met the criterion in Section
463.153 using evidence described in Section 463.153(c).
Sec. 463.153. POLITICAL INFLUENCE AS AUTONOMOUS ENTITY.
(a) The petitioner must have maintained political influence or
authority over its members as an autonomous entity from historical
times until the present.
(b) The petitioner may demonstrate that it meets this
criterion by showing some combination of the evidence listed below
or by other evidence that the petitioner meets the definition of
political influence or authority in Section 463.001:
(1) the group is able to mobilize significant numbers
of members and significant resources from its members for group
purposes;
(2) most of the membership considers issues acted on
or actions taken by group leaders or governing bodies to be of
importance;
(3) there is widespread knowledge, communication, and
involvement in political processes by most of the group's members;
(4) the group meets the criterion in Section
463.152(d) at more than a minimal level; or
(5) there are internal conflicts that show controversy
over valued group goals, properties, policies, processes, or
decisions.
(c) A petitioner is considered to have provided sufficient
evidence to demonstrate the exercise of political influence or
authority by demonstrating that group leadership or other
mechanisms exist or existed to:
(1) allocate group resources such as land or residence
rights on a consistent basis;
(2) settle disputes between members or subgroups by
mediation or other means on a regular basis;
(3) exert strong influence on the behavior of
individual members, such as the establishment or maintenance of
norms and the enforcement of sanctions to direct or control
behavior; or
(4) organize or influence economic subsistence
activities among the members, including shared or cooperative
labor.
Sec. 463.154. MEMBERSHIP DESCENDED FROM HISTORICAL NATIVE
AMERICAN TRIBE. (a) The petitioner must show that its membership
consists of individuals who descend from a historical Native
American tribe or from historical Native American tribes that
combined and functioned as a single autonomous political entity.
(b) Evidence sufficient to prove this criterion includes:
(1) rolls prepared by the commission on a lineal
descendant basis for purposes of distributing claims money,
providing allotments, or other purposes;
(2) state, federal, or other official records or
evidence identifying present members or ancestors of present
members as being descendants of a historical tribe or tribes that
combined and functioned as a single autonomous political entity;
(3) church, school, and other similar enrollment
records identifying present members or ancestors of present members
as being descendants of a historical tribe or tribes that combined
and functioned as a single autonomous political entity;
(4) affidavits of recognition by tribal elders, tribal
leaders, or the tribal governing body, identifying present members
or ancestors of present members as being descendants of a
historical tribe or tribes that combined and functioned as a single
autonomous political entity; or
(5) other reliable records or evidence identifying
present members or ancestors of present members as being
descendants of a historical tribe or tribes that combined and
functioned as a single autonomous political entity.
Sec. 463.155. CRITERION REGARDING MEMBERSHIP IN OTHER
ACKNOWLEDGED TRIBES. (a) Except as provided by Subsection (b), the
membership of the petitioner must be composed principally of
persons who are not members of any North American tribe
acknowledged under this chapter or described by Section 463.003(1).
(b) The petitioner may be acknowledged even if its
membership is composed principally of persons whose names have
appeared on rolls of, or who have been otherwise associated with, a
different and acknowledged Native American tribe, if the petitioner
establishes that:
(1) it has functioned throughout history until the
present as a separate and autonomous Native American tribal entity;
(2) its members do not maintain a bilateral political
relationship with the different and acknowledged tribe; and
(3) its members have provided written confirmation of
their membership in the petitioning group.
[Sections 463.156-463.200 reserved for expansion]
SUBCHAPTER E. NOTICE AND PUBLISHING REQUIREMENTS
Sec. 463.201. RECEIPT OF PETITION; TIMING OF NOTICE. Not
later than the 30th day after the date the commission receives a
letter of intent, or a documented petition if a letter of intent has
not previously been received and noticed, the commission shall
acknowledge the receipt in writing to the petitioner and publish
notice of the receipt in accordance with this subchapter.
Sec. 463.202. CONTENT OF NOTICE. (a) The notice published
by the commission must include the name, location, and mailing
address of the petitioner and any other information necessary to
identify the entity submitting the letter of intent or documented
petition and the date it was received.
(b) The notice must also announce the opportunity for
interested parties and informed parties to submit factual or legal
arguments in support of or in opposition to the petitioner's
request for acknowledgment or to request to be kept informed of all
general actions affecting the petition.
(c) The notice must indicate where a copy of the letter of
intent and the documented petition may be examined.
Sec. 463.203. PUBLISHING REQUIRED. (a) The commission
shall publish the notice in the Texas Register.
(b) The commission shall publish the notice and the letter
of intent, or the documented petition if a letter of intent has not
been previously received, in a major newspaper or newspapers of
general circulation in the municipality nearest to the petitioner.
Sec. 463.204. ADDITIONAL REQUIREMENTS FOR NOTICE TO
LEGISLATURE, ATTORNEY GENERAL, AND CERTAIN OTHER PARTIES. The
commission shall provide the notice prepared under Section 463.203
to:
(1) the presiding officer of each house of the
legislature;
(2) the attorney general; and
(3) any recognized or acknowledged tribe and any other
petitioner that appears to have a historical or present
relationship with the petitioner or who may otherwise be considered
to have a potential interest in the acknowledgment determination.
[Sections 463.205-463.250 reserved for expansion]
SUBCHAPTER F. PROCESSING OF DOCUMENTED PETITION
Sec. 463.251. GENERAL DUTIES OF THE COMMISSION REGARDING
REVIEW. (a) On receipt of a documented petition, the commission
shall review the petition to determine whether the petitioner is
entitled to be acknowledged as a Native American tribe.
(b) The commission may initiate other research for any
purpose relative to analyzing the documented petition and obtaining
additional information about the petitioner's status.
(c) The commission may consider any evidence submitted by
interested parties or informed parties.
Sec. 463.252. PRELIMINARY TECHNICAL ASSISTANCE REVIEW. (a)
Before active consideration of the documented petition, the
commission shall conduct a preliminary review of the petition for
purposes of technical assistance.
(b) A technical assistance review is not a review to
determine if the petitioner is entitled to be acknowledged as a
Native American tribe. The technical assistance review must
provide the petitioner an opportunity to supplement or revise the
documented petition before active consideration.
(c) The commission shall attempt to conduct technical
assistance reviews in the order of receipt of documented petitions.
(d) The commission shall give priority to active
consideration of other documented petitions over technical
assistance reviews.
Sec. 463.253. NOTIFICATION OF DEFECTS BASED ON TECHNICAL
REVIEW. After the technical assistance review, the commission
shall notify the petitioner by letter of any obvious deficiencies
or significant omissions apparent in the documented petition and
provide the petitioner with an opportunity to withdraw the
documented petition for further work or to submit additional
information or clarification.
Sec. 463.254. PETITIONER'S RESPONSE TO TECHNICAL REVIEW;
REQUEST FOR ADDITIONAL REVIEW. (a) In responding to a technical
assistance review, a petitioner may:
(1) respond in full or in part to the technical
assistance review letter; or
(2) request in writing that the commission proceed
with active consideration of the documented petition, using the
materials already submitted.
(b) If the petitioner requests that the materials submitted
in response to the technical assistance review letter be reviewed
again for adequacy, the commission shall provide the additional
review.
Sec. 463.255. ORDER OF CONSIDERATION: NOTIFICATION. (a) The
commission shall determine the order of consideration of documented
petitions based on whether a documented petition is ready for
active consideration.
(b) The commission shall notify the petitioner that the
documented petition is ready to be placed on active consideration.
Sec. 463.256. ORDER OF CONSIDERATION: REGISTER OF LETTERS
OF INTENT AND DOCUMENTED PETITIONS. (a) The commission shall
establish and maintain a numbered register of documented petitions
that have been determined ready for active consideration.
(b) The commission shall maintain a numbered register of
letters of intent or incomplete petitions based on the original
date of filing with the commission.
(c) If two or more documented petitions are determined ready
for active consideration on the same date, the register shall list
the order of active consideration as determined by the commission.
Sec. 463.257. INITIAL INVESTIGATION OF EVIDENCE. Before
actively considering a documented petition, the commission shall
investigate any petitioner whose documented petition and response
to the technical assistance review letter indicates that there is
little or no evidence that establishes that the group can meet the
mandatory criteria in Section 463.154 or 463.155.
Sec. 463.258. LACK OF EVIDENCE AFTER INITIAL INVESTIGATION;
DECLINE OF ACKNOWLEDGMENT; COMMENTS. If the initial investigation
shows that the evidence clearly establishes that the group does not
meet the mandatory criteria in Section 463.154 or 463.155, the
commission:
(1) may not undertake a full consideration of the
documented petition under all of the mandatory criteria; and
(2) shall decline the petition and publish a proposed
finding in the Texas Register that the commission has declined to
acknowledge that the petitioner is a Native American tribe.
Sec. 463.259. SUFFICIENT EVIDENCE AFTER INITIAL
INVESTIGATION; NOTICE OF ACTIVE CONSIDERATION. (a) If the
commission does not decline the petition under Section 463.258, the
commission shall, during active consideration of the documented
petition, undertake a full evaluation of the documented petition
under the mandatory criteria.
(b) The commission shall notify the petitioner and
interested parties that the documented petition is under active
consideration. The notice must include:
(1) the name, office address, and telephone number of
the staff member with primary administrative responsibility for the
petition;
(2) the names of the researchers conducting the
evaluation of the petition and the name of their supervisor; and
(3) any substantive comment on the petition received
before active consideration or during the preparation of the
proposed findings.
(c) The petitioner may respond to any substantive comments
contained in the notice.
Sec. 463.260. SUSPENSION OF ACTIVE CONSIDERATION. (a) The
commission may suspend active consideration of a documented
petition, either conditionally or for a stated period, on a showing
to the petitioner that there are technical problems with the
documented petition or administrative problems that temporarily
preclude continuing active consideration.
(b) On resolution of the technical or administrative
problems that are the basis for a suspension under Subsection (a),
the documented petition has priority on the numbered register of
documented petitions to the extent possible. The commission shall
notify the petitioner and interested parties when active
consideration of the documented petition is resumed.
(c) The commission is not required to cease consideration
based on requests by the petitioner or interested parties to cease
consideration. The commission may consider a request by a
petitioner for suspension of consideration and may grant the
request for good cause.
(d) The timetables in this subchapter shall begin anew on
the resumption of active consideration.
Sec. 463.261. PROPOSED FINDINGS; EXTENSION OF TIME. (a) Not
later than the first anniversary of the date the commission
notified the petitioner that active consideration of the documented
petition has begun, the commission shall publish the proposed
findings in the Texas Register.
(b) The commission may extend the one-year period for not
more than an additional 180 days. The commission shall notify the
petitioner and interested parties of the extension.
(c) In addition to the proposed findings, the commission
shall prepare a report summarizing the evidence, reasoning, and
analyses that are the basis for the proposed decision. The
commission shall provide the report to the petitioner, interested
parties, and informed parties and make the report available to
others on written request.
Sec. 463.262. COMMENT ON FINDINGS. (a) Not later than the
180th day after the date of publication of the proposed findings,
the petitioner or any other person wishing to challenge or support
the proposed findings may submit arguments and evidence to the
commission to rebut or support the proposed findings.
(b) The commission may extend the period for comment up to
an additional 180 days for good cause. The commission shall notify
the petitioner and interested parties of an extension.
(c) Interested and informed parties who submit arguments
and evidence to the commission shall provide copies of their
submissions to the petitioner.
(d) During the comment period, the commission shall provide
technical advice concerning the factual basis for the proposed
findings, the reasoning used in preparing them, and suggestions
regarding the preparation of materials in response to the proposed
findings. The commission shall make available to the petitioner in
a timely fashion any records used for the proposed findings not
already held by the petitioner, to the extent allowed by state law.
(e) The commission may not accept further comments from
interested or informed parties after the end of the regular
response period.
Sec. 463.263. FORMAL MEETING. (a) During the comment
period and if requested by the petitioner or any interested party,
the commission shall hold a formal meeting to respond to inquiries
about the reasoning, analyses, and factual bases for the proposed
findings.
(b) The proceedings of the meeting are a public record.
(c) The record of the meeting may be considered by the
commission in reaching a final determination.
Sec. 463.264. PETITIONER'S RESPONSE TO OTHER SUBMISSIONS.
(a) During the comment period and not later than the 60th day after
the date of a submission, the petitioner may respond to any
submissions by interested and informed parties.
(b) The commission may extend the time to respond if
warranted by the extent and nature of the comments or submissions.
(c) The commission shall notify the petitioner and
interested parties by letter of any extension.
Sec. 463.265. PERIOD FOR CONSIDERATION OF ARGUMENTS ON
PROPOSED FINDINGS. (a) After completion of the comment period, the
commission shall consult with the petitioner and interested parties
to determine an equitable length of time for the consideration of
written arguments and evidence submitted during the response
period.
(b) The commission shall notify the petitioner and
interested parties of the period chosen.
Sec. 463.266. UNSOLICITED COMMENTS RECEIVED AFTER COMMENT
PERIOD. In making a final determination, the commission may not
consider unsolicited comments submitted after the close of the
comment period under Section 463.262.
Sec. 463.267. ADDITIONAL INFORMATION AND RESEARCH. (a)
The commission may request additional explanations and information
from the petitioner or from commenting parties to support or
supplement their comments on a proposed finding.
(b) The commission may conduct additional research
necessary to evaluate and supplement the record.
(c) The commission shall include the information and
research obtained under this section in the petition record.
Sec. 463.268. FINAL DETERMINATION; PUBLICATION. (a) After
consideration of the written arguments and evidence rebutting or
supporting the proposed findings and the petitioner's response to
the comments of interested parties and informed parties, the
commission shall make a final determination regarding the
petitioner's status.
(b) Not later than the 60th day after the date on which the
consideration of the written arguments and evidence rebutting or
supporting the proposed findings began, the commission shall
publish a summary of the written arguments and evidence together
with the final determination in the Texas Register.
(c) The commission may extend the period for the preparation
of a final determination if warranted by the extent and nature of
evidence and arguments received during the comment period.
(d) The commission shall notify the petitioner and
interested parties of the extension.
(e) The final determination takes effect on the 90th day
after the date of publication in the Texas Register if the
determination is not appealed under Section 463.270. If the
determination is appealed under Section 463.270, the final
determination takes effect on the 90th day after the exhaustion of
judicial review, including any remands and later final
determinations and appeals.
Sec. 463.269. EFFECT OF FINAL DETERMINATION;
ACKNOWLEDGMENT BY STATE. (a) If the commission determines that the
group satisfies the criteria prescribed by Subchapter D, the
commission shall acknowledge, on behalf of the state, the existence
of the petitioner as a Native American tribe. This determination is
final for the state.
(b) If the commission determines that the group fails to
satisfy a criterion prescribed by Subchapter D, the commission
shall decline to acknowledge that the petitioner is a Native
American tribe.
(c) If the commission declines to acknowledge that a
petitioner is a Native American tribe, the commission shall inform
the petitioner of alternatives, if any, to acknowledgment under
these procedures. Alternatives may include other means through
which the petitioning group may achieve the status of an
acknowledged Native American tribe or through which any of its
members may become eligible for services and benefits from the
state as Native Americans, or become members of an acknowledged
Native American tribe.
Sec. 463.270. JUDICIAL REVIEW OF FINAL DETERMINATION. (a)
The petitioner or any interested party may request judicial review
of the final determination in a Travis County district court.
(b) The district court shall review the final determination
under Subchapter G, Chapter 2001, as if the determination were a
contested case under Chapter 2001, except that a motion for
rehearing is not a prerequisite for review. For purposes of Section
2001.176, the final determination is final and appealable on the
date of publication in the Texas Register.
(c) The court shall conduct the review using the substantial
evidence rule under Section 2001.174.
[Sections 463.271-463.300 reserved for expansion]
SUBCHAPTER G. RIGHTS OF ACKNOWLEDGED TRIBE
Sec. 463.301. ACKNOWLEDGMENT OF TRIBAL STATUS;
APPLICABILITY. This subchapter applies to each tribe acknowledged
by the state under Section 463.269.
Sec. 463.302. ELIGIBILITY FOR SERVICES AND BENEFITS. (a)
Acknowledgment of tribal existence by this state under this chapter
or an earlier law is a prerequisite to the protection, services, and
benefits of the state government available to Native American
tribes by virtue of their status as tribes.
(b) The tribe is eligible for the services and benefits from
the state that are available to other federally recognized tribes.
(c) To receive benefits, the tribe must meet the specific
program requirements for programs for which it is eligible.
Sec. 463.303. STATUS AS HISTORIC TRIBE; POWERS AND DUTIES.
(a) The tribe is considered a historic tribe and is entitled to the
privileges and immunities available to other state-acknowledged
historic tribes by virtue of their state-to-tribal relationship
with this state.
(b) The tribe has the responsibilities and obligations of
historic tribes.
(c) The tribe is subject to the same authority of Texas laws
and the United States as are other state-acknowledged tribes.
SECTION 2. 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, 2021.