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A BILL TO BE ENTITLED
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AN ACT
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relating to state collaboration with federally recognized Indian |
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tribes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the State-Tribal |
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Collaboration Act. |
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SECTION 2. Subtitle E, Title 4, Government Code, is amended |
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by adding Chapter 471 to read as follows: |
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CHAPTER 471. STATE COLLABORATION WITH INDIAN TRIBES |
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Sec. 471.001. DEFINITIONS. In this chapter: |
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(1) "American Indian" means an individual who is: |
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(A) a member of a federally recognized Indian |
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tribe; or |
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(B) eligible for federal services and programs |
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provided to American Indians, including services and programs |
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provided by the United States Department of Health and Human |
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Services and the Bureau of Indian Affairs. |
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(2) "Indian tribe" means a federally recognized tribe, |
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band, pueblo, or community of American Indians located wholly or |
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partially in this state. |
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(3) "State agency" means an agency, department, |
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office, or other entity in the executive, legislative, or judicial |
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branch of state government and includes an institution of higher |
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education, as defined by Section 61.003, Education Code. |
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Sec. 471.002. COLLABORATION WITH INDIAN TRIBES; AGENCY |
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POLICY; REPORT. (a) Each state agency shall collaborate with |
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Indian tribes when developing and implementing agency policies, |
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agreements, and programs that directly affect American Indians. |
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(b) Each state agency whose policies, agreements, and |
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programs directly affect American Indians shall: |
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(1) promote effective communication and collaboration |
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between the state agency and Indian tribes; |
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(2) promote positive intergovernmental relations |
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between the state and Indian tribes; |
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(3) promote cultural competency in effectively |
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providing services to American Indians; and |
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(4) annually report to the governor and the |
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legislature regarding the agency's actions under this section. |
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Sec. 471.003. TRAINING. (a) Each state agency whose |
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policies, agreements, and programs directly affect American |
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Indians shall develop, with the assistance of a representative of |
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an Indian tribe, a training program that encourages effective |
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communication and collaboration between the agency and Indian |
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tribes. The training program must include the requirements in |
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Sections 471.002(b)(1)-(3). |
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(b) A state agency whose policies, agreements, and programs |
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directly affect American Indians may require an employee to attend |
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a training program developed under this section. |
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Sec. 471.004. ANNUAL SUMMIT. Not later than the last day of |
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the third quarter of each state fiscal year, the governor, or a |
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person designated by the governor, and the leaders of Indian tribes |
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shall meet in a state-tribal summit to address issues of mutual |
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concern. If the governor is not available due to an emergency, the |
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governor may designate an employee of the governor's office, a |
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member of the legislature, or an employee of an appropriate state |
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agency to attend the summit. |
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Sec. 471.005. RIGHT OF ACTION. Nothing in this chapter |
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creates a right of action against a state agency or waives state or |
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tribal immunity. |
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SECTION 3. 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, 2015. |