SRC- MSY S.B. 301 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 301
78R2623 MXM-DBy: Madla
State Affairs
2/11/2003
As Filed


DIGEST AND PURPOSE 

Although there was at one time a Texas Indian Commission, it was abolished
in 1989, and there is no current law that provides for the services of a
Native American liaison.   A 2002 report of the Native American Affairs
Subcommittee of the Senate State Affairs Committee recommended the
creation of a Native American Liaison position within an existing agency
or office.  As proposed, S.B. 301 would create that position within the
office of the secretary of state, and require the liaison to provide
certain services and fulfill certain functions for Texas' Native American
community, as well as conduct research on matters pertaining to that
community's welfare. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 405, Government Code, by adding Subchapter D,
as follows: 

SUBCHAPTER D.  NATIVE AMERICAN LIASON

Sec.  405.151.  DEFINITIONS.  Defines "liaison."

Sec.  405.152.  APPOINTMENT.  Requires the governor to appoint a Native
American liaison (liaison) to serve within the office of the secretary of
state.  Requires that the person meet the eligibility requirements of
Section 405.153, as added by this Act, and that the person be selected
from names submitted by certain interested parties.  Requires the governor
to make every effort to appoint an individual of Native American descent. 

Sec.  405.153.  ELIGIBILITY FOR APPOINTMENT.  Provides that, in order to
be eligible for appointment, a person must be knowledgeable about the
Native American tribes of this state, and the opportunities and challenges
those tribes face, and have experience working with Native Americans. 

Sec.  405.154.  TERM.  Provides that the liaison serves at the will of the
governor. 

Sec.  405.155.  TOLL-FREE TELEPHONE NUMBER.  Requires the secretary of
state to provide a toll-free telephone number for the public to use to
contact the liaison. 

Sec.  405.156.  WEBSITE.  Requires the secretary of state to provide
certain contact information regarding the liaison on the secretary of
state's website. 

Sec.  405.157.  PUBLIC RELATIONS.  (a)  Requires the liaison to assist the
Native American community of this state in establishing and maintaining
understanding and cooperation with certain government entities that affect
the community.  Requires the liaison to improve  government relations on
all levels within a framework of sovereignty. 

(b)  Requires the liaison to assist the Native American tribes of this
state in gaining federal recognition. 

(c)  Requires the liaison to make efforts to increase awareness and
concern for Native American issues. 

Sec.  405.158.  IDENTIFICATION OF SERVICES AND OTHER RESOURCES.  (a)
Requires the liaison to identify public and private resources available to
Native Americans in this state and to develop recommendations and
strategies to maximize the acquisition and use of those resources. 

(b)  Requires the liaison to make efforts to facilitate the coordination
of state agency services for Native Americans in this state. 

Sec.  405.159.  RESEARCH REQUIRED.  (a) Requires the liaison to study
certain conditions affecting the welfare and culture of Native Americans
in this state. 

(b)  Requires the liaison to collect statistics and other facts in order
to develop an accurate understanding of the Native American community in
this state. 

Sec.  405.160.  BIENNIAL REPORT.  Requires the liaison to prepare and
submit a report to certain government officials with recommendations
regarding Native American issues by November 1 of each even-numbered year.

SECTION 2.  Requires the governor to appoint the liaison under Section
405.152, Government Code, as added by this Act, by November 1, 2003. 

SECTION 3.  (a)  Requires the liaison to develop recommendations for the
79th Legislature regarding the feasibility and benefits of establishing a
state recognition program for the Native American tribes of this state. 

(b)  Requires the liaison to provide the first of the biennial
recommendations under Section 405.160, Government Code, as added by this
Act, to certain government officials by November 1, 2004. 

SECTION 4.  Effective date: upon passage or September 1, 2003.