Texas 2023 - 88th Regular

Texas Senate Bill SB136 Compare Versions

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1	1	88R2837 YDB-D
2	2	By: West S.B. No. 136
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Texas Indian Affairs Commission.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle E, Title 4, Government Code, is amended
10	10	by adding Chapter 471 to read as follows:
11	11	CHAPTER 471. TEXAS INDIAN AFFAIRS COMMISSION
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 471.001. PURPOSE. The purpose of the Texas Indian
14	14	Affairs Commission is to serve as a liaison between this state and
15	15	the Indian tribes of this state and to assist indigenous
16	16	communities with social and economic development.
17	17	Sec. 471.002. DEFINITION. In this chapter, "commission"
18	18	means the Texas Indian Affairs Commission.
19	19	Sec. 471.003. SUNSET ACT. The Texas Indian Affairs
20	20	Commission is subject to Chapter 325 (Texas Sunset Act). Unless
21	21	continued in existence as provided by that chapter, the commission
22	22	is abolished and this chapter expires September 1, 2035.
23	23	SUBCHAPTER B. COMMISSION
24	24	Sec. 471.051. ESTABLISHMENT. The commission is established
25	25	within the office of the governor.
26	26	Sec. 471.052. COMMISSION MEMBERSHIP. (a) The commission
27	27	is composed of 13 members as follows:
28	28	(1) one member of the house of representatives,
29	29	appointed by the speaker of the house of representatives;
30	30	(2) one member of the senate, appointed by the
31	31	lieutenant governor;
32	32	(3) one public member, appointed by the governor;
33	33	(4) one member of the Urban Inter-Tribal Center of
34	34	Texas, appointed by the governor; and
35	35	(5) subject to Subsection (b), nine members of Native
36	36	American descent who represent federally recognized Indian tribes
37	37	or tribal organizations as listed by the United States secretary of
38	38	the interior in accordance with 25 U.S.C. Section 5131, appointed
39	39	by the governor.
40	40	(b) Of the commission members appointed under Subsection
41	41	(a)(5):
42	42	(1) at least one must be a member of the
43	43	Alabama-Coushatta Tribe of Texas;
44	44	(2) at least one must be a member of the Kickapoo
45	45	Traditional Tribe of Texas;
46	46	(3) at least one must be a member of the Ysleta Del Sur
47	47	Pueblo; and
48	48	(4) the remaining members may represent any of the
49	49	following federally recognized Indian tribes or tribal
50	50	organizations that maintain a connection to this state:
51	51	(A) the Absentee Shawnee Tribe of Oklahoma;
52	52	(B) the Alabama-Quassarte Tribal Town;
53	53	(C) the Apache Tribe of Oklahoma;
54	54	(D) the Caddo Nation;
55	55	(E) the Cherokee Nation;
56	56	(F) the Cheyenne and Arapaho Tribes;
57	57	(G) the Choctaw Nation;
58	58	(H) the Comanche Nation;
59	59	(I) the Coushatta Tribe of Louisiana;
60	60	(J) the Delaware Nation;
61	61	(K) the Jena Band of Choctaw Indians;
62	62	(L) the Jicarilla Apache Nation;
63	63	(M) the Kialegee Tribal Town;
64	64	(N) the Kickapoo Tribe of Oklahoma;
65	65	(O) the Kiowa Tribe of Oklahoma;
66	66	(P) the Mescalero Apache Tribe;
67	67	(Q) the Muscogee or Creek Nation;
68	68	(R) the Osage Nation;
69	69	(S) the Quapaw Tribe;
70	70	(T) the Seminole Nation of Oklahoma;
71	71	(U) the Shawnee Tribe;
72	72	(V) the Thlopthlocco Tribal Town;
73	73	(W) the Tonkawa Tribe;
74	74	(X) the Tunica-Biloxi Tribe;
75	75	(Y) the United Keetoowah Band of Cherokee
76	76	Indians; or
77	77	(Z) the Wichita and Affiliated Tribes.
78	78	(c) The commission member appointed under Subsection (a)(4)
79	79	must be selected from a list of written recommendations submitted
80	80	by the Urban Inter-Tribal Center of Texas.
81	81	(d) The commission members appointed under Subsections
82	82	(b)(1) through (3) must be selected from a list of written
83	83	recommendations submitted by the applicable federally recognized
84	84	Indian tribe.
85	85	(e) The commission members appointed under Subsection
86	86	(b)(4) must be selected from written recommendations submitted by
87	87	the members of the legislature and the presiding officials of the
88	88	federally recognized Indian tribes listed in that subsection.
89	89	(f) Commission members must be residents of this state.
90	90	Sec. 471.053. TERMS; VACANCY. (a) A commission member
91	91	appointed under Section 471.052(a)(1) or (2) serves for the term
92	92	prescribed by the appointing official. Commission members
93	93	appointed under Sections 471.052(a)(3), (4), and (5) serve
94	94	staggered six-year terms with the terms of approximately one-third
95	95	of the members expiring February 1 of each odd-numbered year.
96	96	(b) Commission members are eligible for reappointment to
97	97	another term or part of a term.
98	98	(c) A vacancy shall be filled in the same manner as the
99	99	original appointment. A commission member appointed to fill a
100	100	vacancy on the commission shall serve for the remainder of the term
101	101	for which the predecessor of the member was appointed.
102	102	Sec. 471.054. REIMBURSEMENT FOR EXPENSES. A commission
103	103	member serves without pay but is entitled to reimbursement for the
104	104	travel expenses incurred by the member in attending commission
105	105	meetings as provided by the General Appropriations Act.
106	106	Sec. 471.055. PRESIDING OFFICER; OTHER OFFICERS. (a) The
107	107	lieutenant governor and speaker of the house of representatives
108	108	shall jointly appoint a presiding officer from among the commission
109	109	members.
110	110	(b) The commission members may elect from among the members
111	111	other officers as the members consider necessary.
112	112	Sec. 471.056. REMOVAL. (a) It is a ground for removal from
113	113	the commission that a commission member:
114	114	(1) is ineligible for membership under Section
115	115	471.052;
116	116	(2) cannot because of illness or disability discharge
117	117	the member's duties for a substantial part of the term for which the
118	118	member is appointed; or
119	119	(3) is absent from more than half of the regularly
120	120	scheduled commission meetings that the member is eligible to attend
121	121	during a calendar year unless the absence is excused by majority
122	122	vote of the commission.
123	123	(b) The validity of an action of the commission is not
124	124	affected by the fact that it is taken when a ground for removal of a
125	125	commission member exists.
126	126	Sec. 471.057. COMMISSION MEETINGS; QUORUM. (a) The
127	127	commission shall meet at least quarterly at the call of the
128	128	presiding officer.
129	129	(b) Seven commission members constitute a quorum for
130	130	transacting commission business.
131	131	Sec. 451.058. EXECUTIVE DIRECTOR; STAFF. (a) The office of
132	132	the governor shall provide one employee to serve as executive
133	133	director for the commission to transact commission business.
134	134	(b) The office of the governor may provide additional staff
135	135	and may support commission functions and activities from money
136	136	available to the office that may be used for that purpose.
137	137	SUBCHAPTER C. DUTIES AND FUNDING
138	138	Sec. 471.101. GENERAL DUTIES. The commission shall:
139	139	(1) annually make recommendations to state agencies
140	140	and university systems in this state on policies and practices to
141	141	improve the lives of the indigenous people of this state;
142	142	(2) not later than December 1 of each even-numbered
143	143	year, make recommendations to the legislature on legislation that
144	144	may improve the lives of the indigenous people of this state;
145	145	(3) assist tribal communities in social and economic
146	146	development, including improving the health, educational,
147	147	agricultural, business, and industrial capacities of the
148	148	communities;
149	149	(4) confer with local, state, and federal agencies to
150	150	encourage and coordinate resources and programs to meet the needs
151	151	of indigenous people in this state;
152	152	(5) promote recognition of the rights of indigenous
153	153	people to pursue cultural and religious traditions;
154	154	(6) study, compile, and disseminate information on any
155	155	aspect of the affairs of indigenous people in this state; and
156	156	(7) assist tribal organizations seeking state
157	157	recognition.
158	158	Sec. 471.102. ADVISORY STATUS. (a) In implementing its
159	159	duties under this chapter, the commission functions only in an
160	160	advisory capacity. Commission membership does not constitute a
161	161	public office.
162	162	(b) Chapter 2110 does not apply to the commission.
163	163	Sec. 471.103. FUNDING. (a) The commission may accept
164	164	gifts, grants, or donations or raise money from any available
165	165	public or private source for the commission to use in performing the
166	166	commission's duties under this chapter.
167	167	(b) The legislature may specifically appropriate money:
168	168	(1) to the office of the governor to provide staff and
169	169	to otherwise support functions and activities of the commission; or
170	170	(2) directly to the commission.
171	171	(c) The commission may participate in the establishment and
172	172	operation of an affiliated nonprofit organization dedicated to
173	173	raising money for or providing services or other benefits to the
174	174	commission.
175	175	Sec. 471.104. TEXAS INDIAN AFFAIRS COMMISSION ACCOUNT. The
176	176	Texas Indian Affairs Commission account is created as an account in
177	177	the general revenue fund. The office of the governor shall
178	178	administer the account. Distributions from the account may be used
179	179	only to further the purposes of this chapter and perform commission
180	180	duties imposed under this chapter. The account is composed of:
181	181	(1) amounts appropriated by the legislature to the
182	182	account; and
183	183	(2) gifts, grants, and other donations received by the
184	184	commission for the account.
185	185	SECTION 2. (a) As soon as practicable after the effective
186	186	date of this Act, the office of the governor shall request written
187	187	recommendations for appointments to the Texas Indian Affairs
188	188	Commission from members of the legislature, the Urban Inter-Tribal
189	189	Center of Texas, and the federally recognized Indian tribes or
190	190	tribal organizations listed in Section 471.052, Government Code, as
191	191	added by this Act.
192	192	(b) Not later than January 1, 2024, the lieutenant governor
193	193	and speaker of the house of representatives shall appoint members
194	194	to the Texas Indian Affairs Commission as provided by Sections
195	195	471.052(a)(1) and (2), Government Code, as added by this Act, to
196	196	terms prescribed by the appointing official.
197	197	(c) In appointing the initial members of the Texas Indian
198	198	Affairs Commission under Section 471.052, Government Code, as added
199	199	by this Act, the governor shall appoint:
200	200	(1) the member appointed under Section 471.052(a)(3),
201	201	Government Code, as added by this Act, for a term expiring February
202	202	1, 2027;
203	203	(2) the member appointed under Section 471.052(a)(4),
204	204	Government Code, as added by this Act, for a term expiring February
205	205	1, 2029; and
206	206	(3) with respect to the members appointed under
207	207	Section 471.052(a)(5), Government Code, as added by this Act:
208	208	(A) three members for terms expiring February 1,
209	209	2025;
210	210	(B) three members for terms expiring February 1,
211	211	2027; and
212	212	(C) three members for terms expiring February 1,
213	213	2029.
214	214	SECTION 3. This Act takes effect September 1, 2023.