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A BILL TO BE ENTITLED
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AN ACT
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relating to state acknowledgment of Native American tribes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle E, Title 4, Government Code, is amended |
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by adding Chapter 463 to read as follows: |
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CHAPTER 463. STATE ACKNOWLEDGMENT OF NATIVE AMERICAN TRIBES |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 463.001. DEFINITIONS. In this chapter: |
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(1) "Autonomous" means exercising political influence |
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or authority independent of the control of any other Indian |
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governing entity. The term must be understood in the context of the |
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history, geography, culture, and social organization of a |
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petitioner. |
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(2) "Community" means any group of people that can |
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demonstrate that consistent interactions and significant social |
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relationships exist within its membership and that its members are |
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differentiated from and identified as distinct from nonmembers. |
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The term must be understood in the context of the history, |
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geography, culture, and social organization of a petitioner. |
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(3) "Continuously" or "continuous" means extending |
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from first sustained contact with non-Indians throughout a group's |
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history to the present, substantially without interruption. |
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(4) "Documented petition" means the detailed |
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arguments made by a petitioner to substantiate its claim to |
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continuous existence as an Indian tribe, together with the factual |
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exposition and all documentary evidence necessary to demonstrate |
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that these arguments address the mandatory criteria in Subchapter |
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D. |
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(5) "Historically," "historical," or "history" for |
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purposes of this chapter means the period dating from first |
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sustained contact with non-Indians. |
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(6) "Indian group" means a Native American aggregation |
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in the United States. |
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(7) "Indian tribe" or "tribe" means a Native American |
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tribe, band, pueblo, village, or community in the United States |
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that the United States secretary of the interior acknowledges to |
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exist as an Indian tribe. |
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(8) "Indigenous" means native to this state in that at |
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least part of the petitioner's territory at the time of first |
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sustained contact with non-Indians extended into what is now this |
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state. |
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(9) "Informed party" means a person, other than an |
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interested party, who requests an opportunity to submit comments or |
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evidence or requests to be kept informed of general actions |
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regarding a specific petitioner. |
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(10) "Interested party" means a person who can |
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establish a legal, factual, or property interest in an |
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acknowledgment determination and who requests an opportunity to |
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submit comments or evidence or requests to be kept informed of |
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general actions regarding a specific petitioner. The term includes |
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the governor and attorney general and may include local governments |
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and any recognized Indian tribes or unrecognized Indian groups that |
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might be affected by an acknowledgment determination. |
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(11) "Letter of intent" means a letter or resolution |
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without supporting documentation by which an Indian group requests |
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acknowledgment as an Indian tribe under this chapter and expresses |
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its intent to submit a documented petition. |
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(12) "Member of an Indian group" means an individual |
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who is recognized by an Indian group as meeting its membership |
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criteria and who consents to being listed as a member of that group. |
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(13) "Member of an Indian tribe" means an individual |
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who meets the membership requirements of the tribe as set forth in |
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its governing document or, in the absence of such a document, has |
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been recognized as a member collectively by those persons |
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constituting the tribal governing body and has consistently |
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maintained tribal relations with the tribe or is listed on any |
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tribal rolls. |
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(14) "Petitioner" means an entity that has submitted a |
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letter of intent to the governor requesting acknowledgment that it |
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is an Indian tribe. |
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(15) "Political influence or authority" means a tribal |
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council, leadership, internal process, or other mechanism that a |
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group has used to influence or control the behavior of its members |
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in significant respects, to make decisions for the group that |
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substantially affect its members, or to represent the group in |
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dealing with nonmembers in matters of consequence. This process is |
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to be understood in the context of the history, culture, and social |
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organization of a petitioner. |
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(16) "Tribal relations" means participation by an |
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individual in a political and social relationship with an Indian |
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tribe. |
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(17) "Tribal roll" means a list of members of an Indian |
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group or tribe. |
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Sec. 463.002. APPLICABILITY; ELIGIBILITY. This chapter |
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applies only to Indian groups indigenous to this state: |
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(1) that can establish a substantially continuous |
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tribal existence; and |
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(2) that have functioned as autonomous entities |
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throughout history until the present. |
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Sec. 463.003. EXEMPTION. This chapter does not apply to: |
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(1) an Indian group indigenous to this state that was |
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previously acknowledged as an Indian tribe of this state as of |
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September 1, 2009; |
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(2) Indian groups acknowledged by and receiving |
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benefits from the federal Bureau of Indian Affairs as Indian |
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tribes, bands, or communities; |
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(3) associations, organizations, corporations, or |
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groups of any character that have been formed in recent times, |
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except that an Indian group that meets the criteria in Subchapter D |
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and that has recently incorporated or otherwise formalized its |
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existing autonomous political process will be viewed as having |
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changed its form in a manner that has no bearing on the state's |
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final determination under this chapter; |
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(4) splinter groups, political factions, communities, |
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or groups of any character that separate from the main body of a |
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currently acknowledged Indian tribe, except for a group that can |
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establish clearly that it has functioned throughout history until |
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the present as an autonomous tribal entity, even though it has been |
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regarded by some as a chapter of or has been associated in some |
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manner with an acknowledged North American Indian tribe; |
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(5) groups that previously petitioned and were denied |
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state acknowledgment under this chapter, including reorganized or |
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reconstituted petitioners that were previously denied, or splinter |
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groups, spin-offs, or component groups of any type that were once |
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part of a petitioner that was previously denied; or |
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(6) persons who are the subject of a state statute that |
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has expressly terminated or forbidden acknowledgement by the state |
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as an Indian tribe. |
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[Sections 463.004-463.050 reserved for expansion] |
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SUBCHAPTER B. GENERAL POWERS AND DUTIES OF GOVERNOR AND |
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PETITIONERS |
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Sec. 463.051. LIST OF STATE-ACKNOWLEDGED TRIBES. At least |
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once every three years, the governor shall publish in the Texas |
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Register a list of all Indian tribes acknowledged by the state under |
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this chapter. |
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Sec. 463.052. AVAILABILITY OF GUIDELINES. (a) Not later |
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than January 1 of each odd-numbered year, the governor shall make |
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available revised and expanded guidelines for the preparation of |
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documented petitions. |
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(b) The guidelines must include: |
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(1) an explanation of the criteria and other |
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provisions of this chapter; |
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(2) a discussion of the types of evidence that may be |
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used to demonstrate particular criteria are met; |
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(3) an example of a documented petition; and |
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(4) general suggestions and guidelines on how and |
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where to conduct research. |
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(c) The guidelines may be supplemented or updated as |
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necessary. The example of a documented petition format, while |
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preferable for use in a documented petition, does not preclude the |
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use of any other format. |
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Sec. 463.053. ADVICE FOR PETITIONERS. (a) The office of |
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the governor shall, on request, provide petitioners with |
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suggestions and advice regarding preparation of a documented |
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petition. |
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(b) The state is not responsible for performing research on |
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behalf of a petitioner. |
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Sec. 463.054. NOTICE IN TEXAS REGISTER; MAILING NOTICE. |
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Any notice that under this chapter must be published in the Texas |
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Register shall also be mailed to the petitioner and to other |
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interested parties on request. |
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Sec. 463.055. FILING LETTER OF INTENT. (a) An Indian group |
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in this state that wishes to be acknowledged as an Indian tribe by |
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this state and believes it can satisfy the criteria prescribed by |
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Subchapter D may file a letter of intent with the governor. The |
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letter must be dated and signed by the governing body of the Indian |
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group. |
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(b) A letter of intent may be filed with or before a group's |
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documented petition is filed. |
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Sec. 463.056. CONTACT AFTER LETTER OF INTENT. After an |
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Indian group has filed a letter of intent requesting state |
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acknowledgment as an Indian tribe and until that group has actually |
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submitted a documented petition, the governor may contact the group |
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periodically and request clarification, in writing, of its intent |
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to continue with the petitioning process. |
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Sec. 463.057. DISTRIBUTION OF LAW. Not later than January 1 |
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of each odd-numbered year, the governor shall provide a copy of this |
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chapter to each person that has submitted a documented petition or a |
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letter of intent. |
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[Sections 463.058-463.100 reserved for expansion] |
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SUBCHAPTER C. DOCUMENTED PETITION PROCEDURE |
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Sec. 463.101. FORM OF PETITION. (a) A documented petition |
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may be submitted to the governor in any readable form that contains |
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detailed, specific evidence to support a request to the governor to |
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acknowledge tribal existence. |
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(b) The documented petition must include a certification |
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that is signed and dated by members of the group's governing body |
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and states that it is the group's official documented petition. |
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Sec. 463.102. CONTENT OF PETITION. (a) The documented |
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petition must demonstrate that the petitioner satisfies the |
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criteria prescribed by Subchapter D. |
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(b) The documented petition must include thorough |
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explanations and supporting documentation for each criterion and |
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must use and demonstrate an understanding of applicable definitions |
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contained in Section 463.001. |
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Sec. 463.103. GOVERNING DOCUMENT OR PROCEDURES; MEMBERSHIP |
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CRITERIA. The petition must include a copy of the group's present |
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governing document, including its membership criteria. In the |
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absence of a written document, the petitioner must provide a |
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statement describing in full its membership criteria and current |
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governing procedures. |
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Sec. 463.104. MEMBERSHIP LIST; STATEMENT. (a) The |
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petition must include a copy of the group's official membership |
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list, separately certified by the group's governing body. The list |
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must include all known current members of the group. |
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(b) The list must include each member's: |
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(1) full name, including any maiden name; |
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(2) date of birth; and |
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(3) current residential address. |
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(c) The petitioner must also provide: |
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(1) a copy of each available former list of persons who |
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were members based on the group's own defined criteria; |
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(2) a statement describing the circumstances |
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surrounding the preparation of the current list; and |
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(3) to the extent possible, the circumstances |
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surrounding the preparation of former lists. |
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Sec. 463.105. FORMS OF EVIDENCE FOR PETITION. The specific |
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forms of evidence listed together with the criteria prescribed by |
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Subchapter D are not mandatory forms of evidence. The criteria may |
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be met alternatively by any suitable evidence that demonstrates |
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that the petitioner meets the criteria. |
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Sec. 463.106. STANDARDS FOR REVIEWING PETITION. (a) The |
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governor shall consider a criterion satisfied by a petition if the |
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available evidence establishes a reasonable likelihood that the |
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criterion has been met. Conclusive proof of the facts relating to a |
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criterion is not required for the criterion to be considered met. |
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(b) The governor shall take into account: |
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(1) historical situations and periods for which |
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evidence is demonstrably limited or not available; and |
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(2) limitations inherent in demonstrating the |
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historical existence of community and political influence or |
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authority. |
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(c) Existence of community and political influence or |
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authority must be demonstrated on a substantially continuous basis, |
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not at every point in time. |
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(d) The governor may not deny an acknowledgment based on |
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fluctuations in tribal activity during the years. |
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(e) The governor shall interpret the criteria prescribed by |
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Subchapter D as applying to tribes or groups that have historically |
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combined and functioned as a single autonomous political entity. |
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Sec. 463.107. DENIAL OF PETITION. The governor may deny a |
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petition: |
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(1) if the evidence available demonstrates that the |
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petitioner does not meet one or more of the criteria; or |
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(2) if there is insufficient evidence that the |
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petitioner meets one or more of the criteria. |
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[Sections 463.108-463.150 reserved for expansion] |
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SUBCHAPTER D. MANDATORY CRITERIA FOR STATE ACKNOWLEDGMENT |
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Sec. 463.151. IDENTIFICATION AS AMERICAN INDIAN ENTITY. |
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(a) The petitioner must be identified as an American Indian entity |
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on a substantially continuous basis since 1900. |
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(b) Evidence that the group's character as an Indian entity |
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has from time to time been denied is not conclusive evidence that |
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this criterion has not been met. |
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(c) Evidence that may be considered in determining a group's |
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Indian identity may include: |
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(1) evidence of the group's: |
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(A) identification as an Indian entity by state |
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authorities; |
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(B) relationships with colonists or governments |
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based on identification of the group as Indian, including the |
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governments of Spain, France, Mexico, or Texas; |
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(C) dealings with a county or other local |
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government in a relationship based on the group's Indian identity; |
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(D) identification as an Indian entity by |
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anthropologists, historians, or other scholars; |
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(E) identification as an Indian entity in |
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newspapers and books; and |
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(F) identification as an Indian entity in |
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relationships with Indian tribes or with national, regional, or |
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state Indian organizations; and |
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(2) any other evidence of the group's identification |
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as an Indian entity by other than the petitioner itself or its |
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members. |
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Sec. 463.152. DISTINCT COMMUNITY. (a) A predominant |
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portion of the petitioning group must constitute a distinct |
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community and have existed as a community from historical times |
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until the present. |
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(b) Evidence that the petitioner meets the definition of |
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community in Section 463.001 includes: |
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(1) significant social relationships connecting |
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individual members; |
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(2) significant rates of informal social interactions |
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that exist broadly among group members; |
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(3) a significant degree of shared or cooperative |
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labor or other economic activity among the membership; |
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(4) evidence of strong patterns of discrimination by |
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or other social distinctions made by nonmembers; |
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(5) shared sacred or secular ritual activity |
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encompassing most of the group; |
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(6) cultural patterns shared among a significant |
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portion of the group that differ in more than symbolic fashion from |
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those of the non-Indian populations with whom it interacts, |
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including language, kinship organization, and religious beliefs |
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and practices; and |
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(7) the persistence of a named, collective Indian |
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identity continuously over a period of more than 50 years despite |
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any name changes for the group. |
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(c) A demonstration of historical political influence under |
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Section 463.153 is evidence demonstrating historical community. |
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(d) A petitioner may demonstrate sufficient evidence of |
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community by showing: |
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(1) that more than 50 percent of the members reside in |
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a geographical area exclusively or almost exclusively composed of |
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group members, and the balance of the group maintains consistent |
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interaction with some members of the community; |
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(2) that at least 50 percent of the group members |
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maintain distinct cultural patterns such as language, kinship |
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organization, or religious beliefs and practices; |
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(3) the presence of distinct community social |
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institutions encompassing most of the members, such as kinship |
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organizations, formal or informal economic cooperation, or |
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religious organizations; or |
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(4) that the group has met the criterion in Section |
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463.153 using evidence described in Section 463.153(c). |
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Sec. 463.153. POLITICAL INFLUENCE AS AUTONOMOUS ENTITY. |
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(a) The petitioner must have maintained political influence or |
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authority over its members as an autonomous entity from historical |
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times until the present. |
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(b) The petitioner may demonstrate that it meets this |
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criterion by showing some combination of the evidence listed below |
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or by other evidence that the petitioner meets the definition of |
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political influence or authority in Section 463.001: |
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(1) the group is able to mobilize significant numbers |
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of members and significant resources from its members for group |
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purposes; |
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(2) most of the membership considers issues acted on |
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or actions taken by group leaders or governing bodies to be of |
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importance; |
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(3) there is widespread knowledge, communication, and |
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involvement in political processes by most of the group's members; |
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(4) the group meets the criterion in Section |
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463.152(d) at more than a minimal level; or |
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(5) there are internal conflicts that show controversy |
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over valued group goals, properties, policies, processes, or |
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decisions. |
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(c) A petitioner is considered to have provided sufficient |
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evidence to demonstrate the exercise of political influence or |
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authority by demonstrating that group leadership or other |
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mechanisms exist or existed to: |
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(1) allocate group resources such as land or residence |
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rights on a consistent basis; |
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(2) settle disputes between members or subgroups by |
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mediation or other means on a regular basis; |
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(3) exert strong influence on the behavior of |
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individual members, such as the establishment or maintenance of |
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norms and the enforcement of sanctions to direct or control |
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behavior; or |
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(4) organize or influence economic subsistence |
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activities among the members, including shared or cooperative |
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labor. |
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Sec. 463.154. MEMBERSHIP DESCENDED FROM HISTORICAL INDIAN |
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TRIBE. (a) The petitioner must show that its membership consists |
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of individuals who descend from a historical Indian tribe or from |
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historical Indian tribes that combined and functioned as a single |
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autonomous political entity. |
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(b) Evidence sufficient to prove this criterion includes: |
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(1) rolls prepared by the governor on a lineal |
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descendant basis for purposes of distributing claims money, |
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providing allotments, or other purposes; |
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(2) state, federal, or other official records or |
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evidence identifying present members or ancestors of present |
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members as being descendants of a historical tribe or tribes that |
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combined and functioned as a single autonomous political entity; |
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(3) church, school, and other similar enrollment |
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records identifying present members or ancestors of present members |
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as being descendants of a historical tribe or tribes that combined |
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and functioned as a single autonomous political entity; |
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(4) affidavits of recognition by tribal elders, tribal |
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leaders, or the tribal governing body, identifying present members |
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or ancestors of present members as being descendants of a |
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historical tribe or tribes that combined and functioned as a single |
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autonomous political entity; or |
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(5) other reliable records or evidence identifying |
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present members or ancestors of present members as being |
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descendants of a historical tribe or tribes that combined and |
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functioned as a single autonomous political entity. |
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Sec. 463.155. CRITERION REGARDING MEMBERSHIP IN OTHER |
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ACKNOWLEDGED TRIBES. (a) Except as provided by Subsection (b), the |
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membership of the petitioner must be composed principally of |
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persons who are not members of any North American Indian tribe |
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acknowledged under this chapter or described by Section 463.003(1). |
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(b) The petitioner may be acknowledged even if its |
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membership is composed principally of persons whose names have |
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appeared on rolls of, or who have been otherwise associated with, a |
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different and acknowledged Indian tribe, if the petitioner |
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establishes that: |
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(1) it has functioned throughout history until the |
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present as a separate and autonomous Indian tribal entity; |
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(2) its members do not maintain a bilateral political |
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relationship with the different and acknowledged tribe; and |
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(3) its members have provided written confirmation of |
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their membership in the petitioning group. |
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[Sections 463.156-463.200 reserved for expansion] |
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SUBCHAPTER E. NOTICE AND PUBLISHING REQUIREMENTS |
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Sec. 463.201. RECEIPT OF PETITION; TIMING OF NOTICE. Not |
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later than the 30th day after the date the governor receives a |
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letter of intent, or a documented petition if a letter of intent has |
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not previously been received and noticed, the governor shall |
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acknowledge the receipt in writing to the petitioner and publish |
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notice of the receipt in accordance with this subchapter. |
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Sec. 463.202. CONTENT OF NOTICE. (a) The notice published |
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by the governor must include the name, location, and mailing |
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address of the petitioner and any other information necessary to |
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identify the entity submitting the letter of intent or documented |
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petition and the date it was received. |
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(b) The notice must also announce the opportunity for |
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interested parties and informed parties to submit factual or legal |
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arguments in support of or in opposition to the petitioner's |
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request for acknowledgment or to request to be kept informed of all |
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general actions affecting the petition. |
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(c) The notice must indicate where a copy of the letter of |
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intent and the documented petition may be examined. |
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Sec. 463.203. PUBLISHING REQUIRED. (a) The governor shall |
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publish the notice in the Texas Register. |
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(b) The governor shall publish the notice and the letter of |
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intent, or the documented petition if a letter of intent has not |
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been previously received, in a major newspaper or newspapers of |
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general circulation in the municipality nearest to the petitioner. |
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Sec. 463.204. ADDITIONAL REQUIREMENTS FOR NOTICE TO |
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LEGISLATURE, ATTORNEY GENERAL, AND CERTAIN OTHER PARTIES. The |
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governor shall provide the notice prepared under Section 463.203 |
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to: |
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(1) the presiding officer of each house of the |
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legislature; |
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(2) the attorney general; and |
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(3) any recognized or acknowledged tribe and any other |
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petitioner that appears to have a historical or present |
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relationship with the petitioner or who may otherwise be considered |
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to have a potential interest in the acknowledgment determination. |
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[Sections 463.205-463.250 reserved for expansion] |
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SUBCHAPTER F. PROCESSING OF DOCUMENTED PETITION |
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Sec. 463.251. GENERAL DUTIES OF GOVERNOR REGARDING REVIEW. |
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(a) On receipt of a documented petition, the governor shall review |
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the petition to determine whether the petitioner is entitled to be |
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acknowledged as an Indian tribe. |
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(b) The governor may initiate other research for any purpose |
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relative to analyzing the documented petition and obtaining |
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additional information about the petitioner's status. |
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(c) The governor may consider any evidence submitted by |
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interested parties or informed parties. |
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Sec. 463.252. PRELIMINARY TECHNICAL ASSISTANCE REVIEW. (a) |
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Before active consideration of the documented petition, the |
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governor shall conduct a preliminary review of the petition for |
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purposes of technical assistance. |
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(b) A technical assistance review is not a review to |
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determine if the petitioner is entitled to be acknowledged as an |
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Indian tribe. The technical assistance review must provide the |
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petitioner an opportunity to supplement or revise the documented |
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petition before active consideration. |
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(c) The governor shall attempt to conduct technical |
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assistance reviews in the order of receipt of documented petitions. |
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(d) The governor shall give priority to active |
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consideration of other documented petitions over technical |
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assistance reviews. |
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Sec. 463.253. NOTIFICATION OF DEFECTS BASED ON TECHNICAL |
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REVIEW. After the technical assistance review, the governor shall |
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notify the petitioner by letter of any obvious deficiencies or |
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significant omissions apparent in the documented petition and |
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provide the petitioner with an opportunity to withdraw the |
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documented petition for further work or to submit additional |
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information or clarification. |
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Sec. 463.254. PETITIONER'S RESPONSE TO TECHNICAL REVIEW; |
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REQUEST FOR ADDITIONAL REVIEW. (a) In responding to a technical |
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assistance review, a petitioner may: |
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(1) respond in full or in part to the technical |
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assistance review letter; or |
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(2) request in writing that the governor proceed with |
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active consideration of the documented petition, using the |
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materials already submitted. |
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(b) If the petitioner requests that the materials submitted |
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in response to the technical assistance review letter be reviewed |
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again for adequacy, the governor shall provide the additional |
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review. |
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Sec. 463.255. ORDER OF CONSIDERATION: NOTIFICATION. (a) |
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The governor shall determine the order of consideration of |
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documented petitions based on whether a documented petition is |
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ready for active consideration. |
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(b) The governor shall notify the petitioner that the |
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documented petition is ready to be placed on active consideration. |
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Sec. 463.256. ORDER OF CONSIDERATION: REGISTER OF LETTERS |
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OF INTENT AND DOCUMENTED PETITIONS. (a) The governor shall |
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establish and maintain a numbered register of documented petitions |
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that have been determined ready for active consideration. |
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(b) The governor shall maintain a numbered register of |
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letters of intent or incomplete petitions based on the original |
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date of filing with the governor. |
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(c) If two or more documented petitions are determined ready |
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for active consideration on the same date, the register shall list |
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the order of active consideration as determined by the governor. |
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Sec. 463.257. INITIAL INVESTIGATION OF EVIDENCE. Before |
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actively considering a documented petition, the governor shall |
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investigate any petitioner whose documented petition and response |
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to the technical assistance review letter indicates that there is |
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little or no evidence that establishes that the group can meet the |
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mandatory criteria in Section 463.154 or 463.155. |
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Sec. 463.258. LACK OF EVIDENCE AFTER INITIAL INVESTIGATION; |
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DECLINE OF ACKNOWLEDGMENT; COMMENTS. If the initial investigation |
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shows that the evidence clearly establishes that the group does not |
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meet the mandatory criteria in Section 463.154 or 463.155, the |
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governor: |
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(1) may not undertake a full consideration of the |
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documented petition under all of the mandatory criteria; and |
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(2) shall decline the petition and publish a proposed |
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finding in the Texas Register that the governor has declined to |
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acknowledge that the petitioner is an Indian tribe. |
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Sec. 463.259. SUFFICIENT EVIDENCE AFTER INITIAL |
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INVESTIGATION; NOTICE OF ACTIVE CONSIDERATION. (a) If the |
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governor does not decline the petition under Section 463.258, the |
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governor shall, during active consideration of the documented |
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petition, undertake a full evaluation of the documented petition |
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under the mandatory criteria. |
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(b) The governor shall notify the petitioner and interested |
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parties that the documented petition is under active consideration. |
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The notice must include: |
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(1) the name, office address, and telephone number of |
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the staff member with primary administrative responsibility for the |
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petition; |
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(2) the names of the researchers conducting the |
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evaluation of the petition and the name of their supervisor; and |
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(3) any substantive comment on the petition received |
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before active consideration or during the preparation of the |
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proposed findings. |
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(c) The petitioner may respond to any substantive comments |
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contained in the notice. |
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Sec. 463.260. SUSPENSION OF ACTIVE CONSIDERATION. (a) The |
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governor may suspend active consideration of a documented petition, |
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either conditionally or for a stated period, on a showing to the |
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petitioner that there are technical problems with the documented |
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petition or administrative problems that temporarily preclude |
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continuing active consideration. |
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(b) On resolution of the technical or administrative |
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problems that are the basis for a suspension under Subsection (a), |
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the documented petition has priority on the numbered register of |
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documented petitions to the extent possible. The governor shall |
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notify the petitioner and interested parties when active |
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consideration of the documented petition is resumed. |
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(c) The governor is not required to cease consideration |
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based on requests by the petitioner or interested parties to cease |
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consideration. The governor may consider a request by a petitioner |
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for suspension of consideration and may grant the request for good |
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cause. |
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(d) The timetables in this subchapter shall begin anew on |
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the resumption of active consideration. |
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Sec. 463.261. PROPOSED FINDINGS; EXTENSION OF TIME. (a) |
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Not later than the first anniversary of the date the governor |
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notified the petitioner that active consideration of the documented |
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petition has begun, the governor shall publish the proposed |
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findings in the Texas Register. |
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(b) The governor may extend the one-year period for not more |
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than an additional 180 days. The governor shall notify the |
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petitioner and interested parties of the extension. |
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(c) In addition to the proposed findings, the governor shall |
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prepare a report summarizing the evidence, reasoning, and analyses |
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that are the basis for the proposed decision. The governor shall |
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provide the report to the petitioner, interested parties, and |
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informed parties and make the report available to others on written |
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request. |
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Sec. 463.262. COMMENT ON FINDINGS. (a) Not later than the |
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180th day after the date of publication of the proposed findings, |
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the petitioner or any other person wishing to challenge or support |
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the proposed findings may submit arguments and evidence to the |
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governor to rebut or support the proposed findings. |
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(b) The governor may extend the period for comment up to an |
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additional 180 days for good cause. The governor shall notify the |
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petitioner and interested parties of an extension. |
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(c) Interested and informed parties who submit arguments |
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and evidence to the governor shall provide copies of their |
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submissions to the petitioner. |
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(d) During the comment period, the governor shall provide |
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technical advice concerning the factual basis for the proposed |
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findings, the reasoning used in preparing them, and suggestions |
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regarding the preparation of materials in response to the proposed |
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findings. The governor shall make available to the petitioner in a |
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timely fashion any records used for the proposed findings not |
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already held by the petitioner, to the extent allowed by state law. |
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(e) The governor may not accept further comments from |
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interested or informed parties after the end of the regular |
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response period. |
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Sec. 463.263. FORMAL MEETING. (a) During the comment |
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period and if requested by the petitioner or any interested party, |
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the governor shall hold a formal meeting to respond to inquiries |
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about the reasoning, analyses, and factual bases for the proposed |
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findings. |
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(b) The proceedings of the meeting are a public record. |
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(c) The record of the meeting may be considered by the |
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governor in reaching a final determination. |
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Sec. 463.264. PETITIONER'S RESPONSE TO OTHER SUBMISSIONS. |
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(a) During the comment period and not later than the 60th day after |
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the date of a submission, the petitioner may respond to any |
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submissions by interested and informed parties. |
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(b) The governor may extend the time to respond if warranted |
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by the extent and nature of the comments or submissions. |
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(c) The governor shall notify the petitioner and interested |
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parties by letter of any extension. |
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Sec. 463.265. PERIOD FOR CONSIDERATION OF ARGUMENTS ON |
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PROPOSED FINDINGS. (a) After completion of the comment period, the |
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governor shall consult with the petitioner and interested parties |
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to determine an equitable length of time for the consideration of |
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written arguments and evidence submitted during the response |
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period. |
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(b) The governor shall notify the petitioner and interested |
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parties of the period chosen. |
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Sec. 463.266. UNSOLICITED COMMENTS RECEIVED AFTER COMMENT |
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PERIOD. In making a final determination, the governor may not |
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consider unsolicited comments submitted after the close of the |
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comment period under Section 463.262. |
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Sec. 463.267. ADDITIONAL INFORMATION AND RESEARCH. (a) The |
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governor may request additional explanations and information from |
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the petitioner or from commenting parties to support or supplement |
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their comments on a proposed finding. |
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(b) The governor may conduct additional research necessary |
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to evaluate and supplement the record. |
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(c) The governor shall include the information and research |
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obtained under this section in the petition record. |
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Sec. 463.268. FINAL DETERMINATION; PUBLICATION. (a) After |
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consideration of the written arguments and evidence rebutting or |
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supporting the proposed findings and the petitioner's response to |
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the comments of interested parties and informed parties, the |
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governor shall make a final determination regarding the |
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petitioner's status. |
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(b) Not later than the 60th day after the date on which the |
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consideration of the written arguments and evidence rebutting or |
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supporting the proposed findings began, the governor shall publish |
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a summary of the written arguments and evidence together with the |
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final determination in the Texas Register. |
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(c) The governor may extend the period for the preparation |
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of a final determination if warranted by the extent and nature of |
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evidence and arguments received during the comment period. |
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(d) The governor shall notify the petitioner and interested |
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parties of the extension. |
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(e) The final determination takes effect on the 90th day |
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after the date of publication in the Texas Register if the |
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determination is not appealed under Section 463.270. If the |
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determination is appealed under Section 463.270, the final |
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determination takes effect on the 90th day after the exhaustion of |
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judicial review, including any remands and later final |
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determinations and appeals. |
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Sec. 463.269. EFFECT OF FINAL DETERMINATION; |
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ACKNOWLEDGMENT BY STATE. (a) If the governor determines that the |
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group satisfies the criteria prescribed by Subchapter D, the |
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governor shall acknowledge, on behalf of the state, the existence |
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of the petitioner as an Indian tribe. This determination is final |
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for the state. |
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(b) If the governor determines that the group fails to |
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satisfy a criterion prescribed by Subchapter D, the governor shall |
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decline to acknowledge that the petitioner is an Indian tribe. |
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(c) If the governor declines to acknowledge that a |
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petitioner is an Indian tribe, the governor shall inform the |
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petitioner of alternatives, if any, to acknowledgment under these |
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procedures. Alternatives may include other means through which the |
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petitioning group may achieve the status of an acknowledged Indian |
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tribe or through which any of its members may become eligible for |
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services and benefits from the state as Indians, or become members |
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of an acknowledged Indian tribe. |
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Sec. 463.270. JUDICIAL REVIEW OF FINAL DETERMINATION. (a) |
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The petitioner or any interested party may request judicial review |
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of the final determination in a Travis County district court. |
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(b) The district court shall review the final determination |
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under Subchapter G, Chapter 2001, as if the determination were a |
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contested case under Chapter 2001, except that a motion for |
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rehearing is not a prerequisite for review. For purposes of Section |
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2001.176, the final determination is final and appealable on the |
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date of publication in the Texas Register. |
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(c) The court shall conduct the review using the substantial |
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evidence rule under Section 2001.174. |
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[Sections 463.271-463.300 reserved for expansion] |
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SUBCHAPTER G. RIGHTS OF ACKNOWLEDGED TRIBE |
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Sec. 463.301. ACKNOWLEDGMENT OF TRIBAL STATUS; |
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APPLICABILITY. This subchapter applies to each tribe acknowledged |
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by the state under Section 463.269. |
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Sec. 463.302. ELIGIBILITY FOR SERVICES AND BENEFITS. (a) |
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Acknowledgment of tribal existence by this state under this chapter |
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or an earlier law is a prerequisite to the protection, services, and |
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benefits of the state government available to Indian tribes by |
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virtue of their status as tribes. |
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(b) The tribe is eligible for the services and benefits from |
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the state that are available to other federally recognized tribes. |
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(c) To receive benefits, the tribe must meet the specific |
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program requirements for programs for which it is eligible. |
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Sec. 463.303. STATUS AS HISTORIC TRIBE; POWERS AND DUTIES. |
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(a) The tribe is considered a historic tribe and is entitled to the |
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privileges and immunities available to other state-acknowledged |
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historic tribes by virtue of their state-to-tribal relationship |
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with this state. |
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(b) The tribe has the responsibilities and obligations of |
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historic tribes. |
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(c) The tribe is subject to the same authority of Texas laws |
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and the United States as are other state-acknowledged tribes. |
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Sec. 463.304. CONSULTATION WITH STATE AGENCIES REGARDING |
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NEEDS; GOVERNOR. (a) Not later than six months after the date of |
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the acknowledgment, an appropriate state agency designated by the |
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governor shall consult with the newly acknowledged tribe and |
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develop, in cooperation with the tribe, a determination of needs. |
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(b) A tribe may not request money from the state until the |
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determination of needs is completed. |
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(c) The state agency shall forward this determination of |
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needs to the governor and make recommendations to the governor |
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regarding those needs and budgetary requirements to fulfill the |
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needs. |
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(d) The governor shall consider the recommended budget |
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along with the other recommendations. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |