88R2837 YDB-D
By: West S.B. No. 136
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Texas Indian Affairs Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle E, Title 4, Government Code, is amended
by adding Chapter 471 to read as follows:
CHAPTER 471. TEXAS INDIAN AFFAIRS COMMISSION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 471.001. PURPOSE. The purpose of the Texas Indian
Affairs Commission is to serve as a liaison between this state and
the Indian tribes of this state and to assist indigenous
communities with social and economic development.
Sec. 471.002. DEFINITION. In this chapter, "commission"
means the Texas Indian Affairs Commission.
Sec. 471.003. SUNSET ACT. The Texas Indian Affairs
Commission is subject to Chapter 325 (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the commission
is abolished and this chapter expires September 1, 2035.
SUBCHAPTER B. COMMISSION
Sec. 471.051. ESTABLISHMENT. The commission is established
within the office of the governor.
Sec. 471.052. COMMISSION MEMBERSHIP. (a) The commission
is composed of 13 members as follows:
(1) one member of the house of representatives,
appointed by the speaker of the house of representatives;
(2) one member of the senate, appointed by the
lieutenant governor;
(3) one public member, appointed by the governor;
(4) one member of the Urban Inter-Tribal Center of
Texas, appointed by the governor; and
(5) subject to Subsection (b), nine members of Native
American descent who represent federally recognized Indian tribes
or tribal organizations as listed by the United States secretary of
the interior in accordance with 25 U.S.C. Section 5131, appointed
by the governor.
(b) Of the commission members appointed under Subsection
(a)(5):
(1) at least one must be a member of the
Alabama-Coushatta Tribe of Texas;
(2) at least one must be a member of the Kickapoo
Traditional Tribe of Texas;
(3) at least one must be a member of the Ysleta Del Sur
Pueblo; and
(4) the remaining members may represent any of the
following federally recognized Indian tribes or tribal
organizations that maintain a connection to this state:
(A) the Absentee Shawnee Tribe of Oklahoma;
(B) the Alabama-Quassarte Tribal Town;
(C) the Apache Tribe of Oklahoma;
(D) the Caddo Nation;
(E) the Cherokee Nation;
(F) the Cheyenne and Arapaho Tribes;
(G) the Choctaw Nation;
(H) the Comanche Nation;
(I) the Coushatta Tribe of Louisiana;
(J) the Delaware Nation;
(K) the Jena Band of Choctaw Indians;
(L) the Jicarilla Apache Nation;
(M) the Kialegee Tribal Town;
(N) the Kickapoo Tribe of Oklahoma;
(O) the Kiowa Tribe of Oklahoma;
(P) the Mescalero Apache Tribe;
(Q) the Muscogee or Creek Nation;
(R) the Osage Nation;
(S) the Quapaw Tribe;
(T) the Seminole Nation of Oklahoma;
(U) the Shawnee Tribe;
(V) the Thlopthlocco Tribal Town;
(W) the Tonkawa Tribe;
(X) the Tunica-Biloxi Tribe;
(Y) the United Keetoowah Band of Cherokee
Indians; or
(Z) the Wichita and Affiliated Tribes.
(c) The commission member appointed under Subsection (a)(4)
must be selected from a list of written recommendations submitted
by the Urban Inter-Tribal Center of Texas.
(d) The commission members appointed under Subsections
(b)(1) through (3) must be selected from a list of written
recommendations submitted by the applicable federally recognized
Indian tribe.
(e) The commission members appointed under Subsection
(b)(4) must be selected from written recommendations submitted by
the members of the legislature and the presiding officials of the
federally recognized Indian tribes listed in that subsection.
(f) Commission members must be residents of this state.
Sec. 471.053. TERMS; VACANCY. (a) A commission member
appointed under Section 471.052(a)(1) or (2) serves for the term
prescribed by the appointing official. Commission members
appointed under Sections 471.052(a)(3), (4), and (5) serve
staggered six-year terms with the terms of approximately one-third
of the members expiring February 1 of each odd-numbered year.
(b) Commission members are eligible for reappointment to
another term or part of a term.
(c) A vacancy shall be filled in the same manner as the
original appointment. A commission member appointed to fill a
vacancy on the commission shall serve for the remainder of the term
for which the predecessor of the member was appointed.
Sec. 471.054. REIMBURSEMENT FOR EXPENSES. A commission
member serves without pay but is entitled to reimbursement for the
travel expenses incurred by the member in attending commission
meetings as provided by the General Appropriations Act.
Sec. 471.055. PRESIDING OFFICER; OTHER OFFICERS. (a) The
lieutenant governor and speaker of the house of representatives
shall jointly appoint a presiding officer from among the commission
members.
(b) The commission members may elect from among the members
other officers as the members consider necessary.
Sec. 471.056. REMOVAL. (a) It is a ground for removal from
the commission that a commission member:
(1) is ineligible for membership under Section
471.052;
(2) cannot because of illness or disability discharge
the member's duties for a substantial part of the term for which the
member is appointed; or
(3) is absent from more than half of the regularly
scheduled commission meetings that the member is eligible to attend
during a calendar year unless the absence is excused by majority
vote of the commission.
(b) The validity of an action of the commission is not
affected by the fact that it is taken when a ground for removal of a
commission member exists.
Sec. 471.057. COMMISSION MEETINGS; QUORUM. (a) The
commission shall meet at least quarterly at the call of the
presiding officer.
(b) Seven commission members constitute a quorum for
transacting commission business.
Sec. 451.058. EXECUTIVE DIRECTOR; STAFF. (a) The office of
the governor shall provide one employee to serve as executive
director for the commission to transact commission business.
(b) The office of the governor may provide additional staff
and may support commission functions and activities from money
available to the office that may be used for that purpose.
SUBCHAPTER C. DUTIES AND FUNDING
Sec. 471.101. GENERAL DUTIES. The commission shall:
(1) annually make recommendations to state agencies
and university systems in this state on policies and practices to
improve the lives of the indigenous people of this state;
(2) not later than December 1 of each even-numbered
year, make recommendations to the legislature on legislation that
may improve the lives of the indigenous people of this state;
(3) assist tribal communities in social and economic
development, including improving the health, educational,
agricultural, business, and industrial capacities of the
communities;
(4) confer with local, state, and federal agencies to
encourage and coordinate resources and programs to meet the needs
of indigenous people in this state;
(5) promote recognition of the rights of indigenous
people to pursue cultural and religious traditions;
(6) study, compile, and disseminate information on any
aspect of the affairs of indigenous people in this state; and
(7) assist tribal organizations seeking state
recognition.
Sec. 471.102. ADVISORY STATUS. (a) In implementing its
duties under this chapter, the commission functions only in an
advisory capacity. Commission membership does not constitute a
public office.
(b) Chapter 2110 does not apply to the commission.
Sec. 471.103. FUNDING. (a) The commission may accept
gifts, grants, or donations or raise money from any available
public or private source for the commission to use in performing the
commission's duties under this chapter.
(b) The legislature may specifically appropriate money:
(1) to the office of the governor to provide staff and
to otherwise support functions and activities of the commission; or
(2) directly to the commission.
(c) The commission may participate in the establishment and
operation of an affiliated nonprofit organization dedicated to
raising money for or providing services or other benefits to the
commission.
Sec. 471.104. TEXAS INDIAN AFFAIRS COMMISSION ACCOUNT. The
Texas Indian Affairs Commission account is created as an account in
the general revenue fund. The office of the governor shall
administer the account. Distributions from the account may be used
only to further the purposes of this chapter and perform commission
duties imposed under this chapter. The account is composed of:
(1) amounts appropriated by the legislature to the
account; and
(2) gifts, grants, and other donations received by the
commission for the account.
SECTION 2. (a) As soon as practicable after the effective
date of this Act, the office of the governor shall request written
recommendations for appointments to the Texas Indian Affairs
Commission from members of the legislature, the Urban Inter-Tribal
Center of Texas, and the federally recognized Indian tribes or
tribal organizations listed in Section 471.052, Government Code, as
added by this Act.
(b) Not later than January 1, 2024, the lieutenant governor
and speaker of the house of representatives shall appoint members
to the Texas Indian Affairs Commission as provided by Sections
471.052(a)(1) and (2), Government Code, as added by this Act, to
terms prescribed by the appointing official.
(c) In appointing the initial members of the Texas Indian
Affairs Commission under Section 471.052, Government Code, as added
by this Act, the governor shall appoint:
(1) the member appointed under Section 471.052(a)(3),
Government Code, as added by this Act, for a term expiring February
1, 2027;
(2) the member appointed under Section 471.052(a)(4),
Government Code, as added by this Act, for a term expiring February
1, 2029; and
(3) with respect to the members appointed under
Section 471.052(a)(5), Government Code, as added by this Act:
(A) three members for terms expiring February 1,
2025;
(B) three members for terms expiring February 1,
2027; and
(C) three members for terms expiring February 1,
2029.
SECTION 3. This Act takes effect September 1, 2023.