By: Chavez H.B. No. 2464

A BILL TO BE ENTITLED

AN ACT

RELATING TO INTERGOVERNMENTAL AFFAIRS BETWEEN THE STATE OF TEXAS AND FEDERALLY RECOGNIZED INDIAN TRIBES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

Section 1. Chapter 405, Government Code, is amended by adding Subchapter D to read as follows:

SUBCHAPTER D. STATE TRIBAL COLLABORATION ACT

Sec. 405.151. SHORT TITLE.--This act may be cited as the "State-Tribal Collaboration Act."

Sec. 405.152. DEFINITIONS.--As used in the State-Tribal Collaboration Act:

A. "American Indian or Alaska Native" means:

(1) individuals who are members of any federally recognized Indian tribe;

(2) individuals who would meet the definition of "Indian" pursuant to 18 USC 1153; or

(3) individuals who have been deemed eligible for services and programs provided to American Indians and Alaska Natives by the United States public health service, the bureau of Indian affairs or other federal programs;

B. "Indian tribe" located wholly or partially in Texas; and

C. "state agency" means an agency, department or office of the state of Texas.

Sec. 405.153. COLLABORATION WITH INDIAN TRIBES.--

A. By December 31, 2009, every state agency shall develop and implement a policy that:

(1) promotes effective communication and collaboration between the state agency and Indian tribes;

(2) promotes positive government-to-government relations between the state and Indian tribes;

(3) promotes cultural competency in providing effective services to American Indians or Alaska Natives; and

(4) establishes a method for notifying employees of the state agency of the provisions of the State-Tribal Collaboration Act and the policy that the state agency adopts pursuant to this section.

B. In the process for developing the policy set forth in Subsection A of this section, state agencies shall consult with representatives designated by the Indian tribes.

C. A state agency shall collaborate with Indian tribes in the development and implementation of policies, agreements and programs of the state agency that directly affect American Indians or Alaska Natives.

D. Every state agency shall dedicate a full-time-equivalent position as a tribal liaison, who reports directly to the office of the head of the state agency, to:

(1) assist the head of the state agency with developing and ensuring the implementation of the policy as set forth in Subsection A of this section;

(2) serve as a contact person who shall maintain ongoing communication between the state agency and affected Indian tribes; and

(3) ensure that training is provided to the Staff of the state agency as set forth in Subsection B of Section 4 of the State-Tribal Collaboration Act. Nothing in this subsection shall preclude tribal liaisons from providing or facilitating additional training.

Sec. 405.154. ANNUAL SUMMIT--TRAINING OF STATE EMPLOYEES--ANNUAL REPORTS.

A. At least once a year, during the third quarter of the state's fiscal year, the governor shall meet with the leaders of Indian tribes in a state-tribal summit to address issues of mutual concern.

B. All state agency managers and employees who have ongoing communication with Indian tribes shall complete a training provided by the state personnel office with assistance from the Indian affairs department, which training supports:

(1) the promotion of effective communication and collaboration between state agencies and Indian tribes

(2) the development of positive state-tribal government-to-government relations; and

(3) cultural competency in providing effective services to American Indian or Alaska Natives.

C. No later than July 31 of every year, a state agency shall submit a report to the Governor on the activities of the state agency pursuant to the State-Tribal Collaboration Act This report shall include:

(1) the policy the state agency adopted pursuant to the State-Tribal Collaboration Act;

(2) the names of and contact information for the individuals in the state agency who are responsible for developing and implementing programs of the state agency that directly affect American Indians or Alaska Natives;

(3) the current and planned efforts of the state agency to implement the policy set forth in Subsection A of this section;

(4) a certification by the state personnel office of the number of managers and employees if each state agency who have completed the training required by Subsection B of this section;

(5) a description of current and planned programs and services provided to or directly affecting American Indians or Alaska Natives and the amount of funding for each program; and

(6) the method the state agency established for notifying employees of the state agency of the provisions of the State-Tribal Collaboration Act.

Sec. 405.155. RIGHT OF ACTION.--Nothing in the State-Tribal Collaboration Act creates a right of action against a state agency or a right of review of an action of a state agency or waive State or Tribal Immunity.

Sec. 405.156. SEVERABILITY.--If any part or application of this act is held invalid, the remainder or its application to other situations or persons shall not be affected.

Section 7. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.