BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 1562

79R10162 ATP-D                                                                                              By: Chavez (Madla)

                                                                                                                                       State Affairs

                                                                                                                                            4/20/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

H.B. 1562 allows the City of El Paso to enter into interlocal agreements with the federally recognized Ysleta del Sur Pueblo, also known as the Tigua Tribe.  The bill allows the tribe and the City of El Paso to work together on emergency management and preparedness to protect the health and safety of all El Paso residents, including those living on tribal land.  The Tigua Tribe is one of the few tribes in the country whose community is entirely within the boundaries of a city, which presents complex issues in providing city services. 

 

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 Section 791.011, Government Code, by amending Subsection (a) and adding Subsection (b-1), as follows:

 

(a)  Authorizes a local government to contract or agree with a federally recognized Indian tribe, as listed by the United States secretary of the interior under 25 U.S.C. Section 479a-1, whose reservation is located within the boundaries of this state to perform governmental functions and services in accordance with this chapter.

 

(b-1)  Prohibits a local government that is authorized to enter into an interlocal contract under this section from contracting with an Indian tribe that is not federally recognized or whose reservation is not located within the boundaries of this state.

 

SECTION 2.  Effective date:  upon passage or September 1, 2005.