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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 Native |
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American governing entity. The term must be understood in the |
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context of the history, geography, culture, and social organization |
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of a petitioner. |
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(2) "Commission" means the Texas Historical |
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Commission. |
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(3) "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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(4) "Continuously" or "continuous" means extending |
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from first sustained contact with non-indigenous Americans |
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throughout a group's history to the present, substantially without |
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interruption. |
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(5) "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 a Native American tribe, together with the |
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factual exposition and all documentary evidence necessary to |
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demonstrate that these arguments address the mandatory criteria in |
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Subchapter D. |
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(6) "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-indigenous Americans. |
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(7) "Native American group" means a Native American |
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aggregation in the United States. |
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(8) "Native American tribe" or "tribe" means a Native |
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American tribe, band, pueblo, village, or community in the United |
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States that the United States secretary of the interior |
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acknowledges to exist as an Indian tribe. |
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(9) "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-indigenous Americans extended into what |
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is now this state. |
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(10) "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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(11) "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 Texas Historical Commission and attorney general and may |
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include local governments and any recognized Native American tribes |
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or unrecognized Native American groups that might be affected by an |
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acknowledgment determination. |
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(12) "Letter of intent" means a letter or resolution |
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without supporting documentation by which a Native American group |
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requests acknowledgment as a Native American tribe under this |
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chapter and expresses its intent to submit a documented petition. |
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(13) "Member of a Native American group" means an |
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individual who is recognized by a Native American group as meeting |
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its membership criteria and who consents to being listed as a member |
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of that group. |
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(14) "Member of a Native American tribe" means an |
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individual who meets the membership requirements of the tribe as |
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set forth in its governing document or, in the absence of such a |
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document, has been recognized as a member collectively by those |
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persons 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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(15) "Petitioner" means an entity that has submitted a |
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letter of intent to the Texas Historical Commission requesting |
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acknowledgment that it is a Native American tribe. |
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(16) "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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(17) "Tribal relations" means participation by an |
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individual in a political and social relationship with a Native |
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American tribe. |
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(18) "Tribal roll" means a list of members of a Native |
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American group or tribe. |
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Sec. 463.002. APPLICABILITY; ELIGIBILITY. This chapter |
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applies only to Native American 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) a Native American group indigenous to this state |
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that was previously acknowledged as a Native American or Indian |
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tribe of this state as of September 1, 2009; |
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(2) Native American groups acknowledged by and |
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receiving benefits from the federal Bureau of Indian Affairs as |
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Indian 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 a Native American group that meets the criteria in |
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Subchapter D and that has recently incorporated or otherwise |
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formalized its existing autonomous political process will be viewed |
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as having changed its form in a manner that has no bearing on the |
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state's 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 Native American tribe, except for a group |
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that can establish clearly that it has functioned throughout |
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history until the present as an autonomous tribal entity, even |
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though it has been regarded by some as a chapter of or has been |
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associated in some manner with an acknowledged North American |
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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 a Native American tribe. |
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[Sections 463.004-463.050 reserved for expansion] |
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SUBCHAPTER B. GENERAL POWERS AND DUTIES OF THE COMMISSION 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 commission shall publish in the Texas |
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Register a list of all Native American tribes acknowledged by the |
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state under 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 commission 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 commission |
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shall, on request, provide petitioners with suggestions and advice |
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regarding preparation of a documented 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. Any |
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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) A Native |
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American group in this state that wishes to be acknowledged a Native |
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American tribe by this state and believes it can satisfy the |
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criteria prescribed by Subchapter D may file a letter of intent with |
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the commission. The letter must be dated and signed by the governing |
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body of the Native American 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 a |
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Native American group has filed a letter of intent requesting state |
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acknowledgment as a Native American tribe and until that group has |
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actually submitted a documented petition, the commission may |
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contact the group periodically and request clarification, in |
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writing, of its intent 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 commission shall provide a copy of |
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this chapter to each person that has submitted a documented |
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petition or a 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 commission in any readable form that |
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contains detailed, specific evidence to support a request to the |
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commission to 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 petition |
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must include a copy of the group's official membership list, |
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separately certified by the group's governing body. The list must |
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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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commission shall consider a criterion satisfied by a petition if |
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the 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 commission 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 commission may not deny an acknowledgment based on |
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fluctuations in tribal activity during the years. |
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(e) The commission shall interpret the criteria prescribed |
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by Subchapter D as applying to tribes or groups that have |
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historically combined and functioned as a single autonomous |
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political entity. |
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Sec. 463.107. DENIAL OF PETITION. The commission 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 NATIVE AMERICAN ENTITY. |
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(a) The petitioner must be identified as a Native American entity |
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on a substantially continuous basis since 1900. |
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(b) Evidence that the group's character as a Native American |
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entity has from time to time been denied is not conclusive evidence |
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that 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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Native American identity may include: |
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(1) evidence of the group's: |
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(A) identification as a Native American entity by |
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state authorities; |
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(B) relationships with colonists or governments |
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based on identification of the group as Native American, including |
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the 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 Native American |
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identity; |
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(D) identification as a Native American entity by |
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anthropologists, historians, or other scholars; |
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(E) identification as a Native American entity in |
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newspapers and books; and |
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(F) identification as a Native American entity in |
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relationships with Native American tribes or with national, |
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regional, or state Native American organizations; and |
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(2) any other evidence of the group's identification |
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as a Native American entity by other than the petitioner itself or |
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its 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-indigenous American populations with whom it |
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interacts, including language, kinship organization, and religious |
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beliefs and practices; and |
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(7) the persistence of a named, collective Native |
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American identity continuously over a period of more than 50 years |
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despite 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 NATIVE |
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AMERICAN TRIBE. (a) The petitioner must show that its membership |
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consists of individuals who descend from a historical Native |
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American tribe or from historical Native American tribes that |
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combined and functioned as a single autonomous political entity. |
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(b) Evidence sufficient to prove this criterion includes: |
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(1) rolls prepared by the commission 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 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 Native American 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 Native American 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 commission 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 commission 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 commission 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 commission |
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shall publish the notice in the Texas Register. |
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(b) The commission shall publish the notice and the letter |
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of 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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commission 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 THE COMMISSION REGARDING |
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REVIEW. (a) On receipt of a documented petition, the commission |
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shall review the petition to determine whether the petitioner is |
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entitled to be acknowledged as a Native American tribe. |
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(b) The commission may initiate other research for any |
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purpose 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 commission 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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commission 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 a |
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Native American tribe. The technical assistance review must |
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provide the petitioner an opportunity to supplement or revise the |
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documented petition before active consideration. |
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(c) The commission 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 commission 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 commission |
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shall notify the petitioner by letter of any obvious deficiencies |
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or 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 commission proceed |
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with 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 commission shall provide the additional |
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review. |
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Sec. 463.255. ORDER OF CONSIDERATION: NOTIFICATION. (a) The |
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commission shall determine the order of consideration of documented |
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petitions based on whether a documented petition is ready for |
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active consideration. |
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(b) The commission 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 commission 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 commission 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 commission. |
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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 commission. |
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Sec. 463.257. INITIAL INVESTIGATION OF EVIDENCE. Before |
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actively considering a documented petition, the commission shall |
|
investigate any petitioner whose documented petition and response |
|
to the technical assistance review letter indicates that there is |
|
little or no evidence that establishes that the group can meet the |
|
mandatory criteria in Section 463.154 or 463.155. |
|
Sec. 463.258. LACK OF EVIDENCE AFTER INITIAL INVESTIGATION; |
|
DECLINE OF ACKNOWLEDGMENT; COMMENTS. If the initial investigation |
|
shows that the evidence clearly establishes that the group does not |
|
meet the mandatory criteria in Section 463.154 or 463.155, the |
|
commission: |
|
(1) may not undertake a full consideration of the |
|
documented petition under all of the mandatory criteria; and |
|
(2) shall decline the petition and publish a proposed |
|
finding in the Texas Register that the commission has declined to |
|
acknowledge that the petitioner is a Native American tribe. |
|
Sec. 463.259. SUFFICIENT EVIDENCE AFTER INITIAL |
|
INVESTIGATION; NOTICE OF ACTIVE CONSIDERATION. (a) If the |
|
commission does not decline the petition under Section 463.258, the |
|
commission shall, during active consideration of the documented |
|
petition, undertake a full evaluation of the documented petition |
|
under the mandatory criteria. |
|
(b) The commission shall notify the petitioner and |
|
interested parties that the documented petition is under active |
|
consideration. The notice must include: |
|
(1) the name, office address, and telephone number of |
|
the staff member with primary administrative responsibility for the |
|
petition; |
|
(2) the names of the researchers conducting the |
|
evaluation of the petition and the name of their supervisor; and |
|
(3) any substantive comment on the petition received |
|
before active consideration or during the preparation of the |
|
proposed findings. |
|
(c) The petitioner may respond to any substantive comments |
|
contained in the notice. |
|
Sec. 463.260. SUSPENSION OF ACTIVE CONSIDERATION. (a) The |
|
commission may suspend active consideration of a documented |
|
petition, either conditionally or for a stated period, on a showing |
|
to the petitioner that there are technical problems with the |
|
documented petition or administrative problems that temporarily |
|
preclude continuing active consideration. |
|
(b) On resolution of the technical or administrative |
|
problems that are the basis for a suspension under Subsection (a), |
|
the documented petition has priority on the numbered register of |
|
documented petitions to the extent possible. The commission shall |
|
notify the petitioner and interested parties when active |
|
consideration of the documented petition is resumed. |
|
(c) The commission is not required to cease consideration |
|
based on requests by the petitioner or interested parties to cease |
|
consideration. The commission may consider a request by a |
|
petitioner for suspension of consideration and may grant the |
|
request for good cause. |
|
(d) The timetables in this subchapter shall begin anew on |
|
the resumption of active consideration. |
|
Sec. 463.261. PROPOSED FINDINGS; EXTENSION OF TIME. (a) Not |
|
later than the first anniversary of the date the commission |
|
notified the petitioner that active consideration of the documented |
|
petition has begun, the commission shall publish the proposed |
|
findings in the Texas Register. |
|
(b) The commission may extend the one-year period for not |
|
more than an additional 180 days. The commission shall notify the |
|
petitioner and interested parties of the extension. |
|
(c) In addition to the proposed findings, the commission |
|
shall prepare a report summarizing the evidence, reasoning, and |
|
analyses that are the basis for the proposed decision. The |
|
commission shall provide the report to the petitioner, interested |
|
parties, and informed parties and make the report available to |
|
others on written request. |
|
Sec. 463.262. COMMENT ON FINDINGS. (a) Not later than the |
|
180th day after the date of publication of the proposed findings, |
|
the petitioner or any other person wishing to challenge or support |
|
the proposed findings may submit arguments and evidence to the |
|
commission to rebut or support the proposed findings. |
|
(b) The commission may extend the period for comment up to |
|
an additional 180 days for good cause. The commission shall notify |
|
the petitioner and interested parties of an extension. |
|
(c) Interested and informed parties who submit arguments |
|
and evidence to the commission shall provide copies of their |
|
submissions to the petitioner. |
|
(d) During the comment period, the commission shall provide |
|
technical advice concerning the factual basis for the proposed |
|
findings, the reasoning used in preparing them, and suggestions |
|
regarding the preparation of materials in response to the proposed |
|
findings. The commission shall make available to the petitioner in |
|
a timely fashion any records used for the proposed findings not |
|
already held by the petitioner, to the extent allowed by state law. |
|
(e) The commission may not accept further comments from |
|
interested or informed parties after the end of the regular |
|
response period. |
|
Sec. 463.263. FORMAL MEETING. (a) During the comment |
|
period and if requested by the petitioner or any interested party, |
|
the commission shall hold a formal meeting to respond to inquiries |
|
about the reasoning, analyses, and factual bases for the proposed |
|
findings. |
|
(b) The proceedings of the meeting are a public record. |
|
(c) The record of the meeting may be considered by the |
|
commission in reaching a final determination. |
|
Sec. 463.264. PETITIONER'S RESPONSE TO OTHER SUBMISSIONS. |
|
(a) During the comment period and not later than the 60th day after |
|
the date of a submission, the petitioner may respond to any |
|
submissions by interested and informed parties. |
|
(b) The commission may extend the time to respond if |
|
warranted by the extent and nature of the comments or submissions. |
|
(c) The commission shall notify the petitioner and |
|
interested parties by letter of any extension. |
|
Sec. 463.265. PERIOD FOR CONSIDERATION OF ARGUMENTS ON |
|
PROPOSED FINDINGS. (a) After completion of the comment period, the |
|
commission shall consult with the petitioner and interested parties |
|
to determine an equitable length of time for the consideration of |
|
written arguments and evidence submitted during the response |
|
period. |
|
(b) The commission shall notify the petitioner and |
|
interested parties of the period chosen. |
|
Sec. 463.266. UNSOLICITED COMMENTS RECEIVED AFTER COMMENT |
|
PERIOD. In making a final determination, the commission may not |
|
consider unsolicited comments submitted after the close of the |
|
comment period under Section 463.262. |
|
Sec. 463.267. ADDITIONAL INFORMATION AND RESEARCH. (a) |
|
The commission may request additional explanations and information |
|
from the petitioner or from commenting parties to support or |
|
supplement their comments on a proposed finding. |
|
(b) The commission may conduct additional research |
|
necessary to evaluate and supplement the record. |
|
(c) The commission shall include the information and |
|
research obtained under this section in the petition record. |
|
Sec. 463.268. FINAL DETERMINATION; PUBLICATION. (a) After |
|
consideration of the written arguments and evidence rebutting or |
|
supporting the proposed findings and the petitioner's response to |
|
the comments of interested parties and informed parties, the |
|
commission shall make a final determination regarding the |
|
petitioner's status. |
|
(b) Not later than the 60th day after the date on which the |
|
consideration of the written arguments and evidence rebutting or |
|
supporting the proposed findings began, the commission shall |
|
publish a summary of the written arguments and evidence together |
|
with the final determination in the Texas Register. |
|
(c) The commission may extend the period for the preparation |
|
of a final determination if warranted by the extent and nature of |
|
evidence and arguments received during the comment period. |
|
(d) The commission shall notify the petitioner and |
|
interested parties of the extension. |
|
(e) The final determination takes effect on the 90th day |
|
after the date of publication in the Texas Register if the |
|
determination is not appealed under Section 463.270. If the |
|
determination is appealed under Section 463.270, the final |
|
determination takes effect on the 90th day after the exhaustion of |
|
judicial review, including any remands and later final |
|
determinations and appeals. |
|
Sec. 463.269. EFFECT OF FINAL DETERMINATION; |
|
ACKNOWLEDGMENT BY STATE. (a) If the commission determines that the |
|
group satisfies the criteria prescribed by Subchapter D, the |
|
commission shall acknowledge, on behalf of the state, the existence |
|
of the petitioner as a Native American tribe. This determination is |
|
final for the state. |
|
(b) If the commission determines that the group fails to |
|
satisfy a criterion prescribed by Subchapter D, the commission |
|
shall decline to acknowledge that the petitioner is a Native |
|
American tribe. |
|
(c) If the commission declines to acknowledge that a |
|
petitioner is a Native American tribe, the commission shall inform |
|
the petitioner of alternatives, if any, to acknowledgment under |
|
these procedures. Alternatives may include other means through |
|
which the petitioning group may achieve the status of an |
|
acknowledged Native American tribe or through which any of its |
|
members may become eligible for services and benefits from the |
|
state as Native Americans, or become members of an acknowledged |
|
Native American tribe. |
|
Sec. 463.270. JUDICIAL REVIEW OF FINAL DETERMINATION. (a) |
|
The petitioner or any interested party may request judicial review |
|
of the final determination in a Travis County district court. |
|
(b) The district court shall review the final determination |
|
under Subchapter G, Chapter 2001, as if the determination were a |
|
contested case under Chapter 2001, except that a motion for |
|
rehearing is not a prerequisite for review. For purposes of Section |
|
2001.176, the final determination is final and appealable on the |
|
date of publication in the Texas Register. |
|
(c) The court shall conduct the review using the substantial |
|
evidence rule under Section 2001.174. |
|
[Sections 463.271-463.300 reserved for expansion] |
|
SUBCHAPTER G. RIGHTS OF ACKNOWLEDGED TRIBE |
|
Sec. 463.301. ACKNOWLEDGMENT OF TRIBAL STATUS; |
|
APPLICABILITY. This subchapter applies to each tribe acknowledged |
|
by the state under Section 463.269. |
|
Sec. 463.302. ELIGIBILITY FOR SERVICES AND BENEFITS. (a) |
|
Acknowledgment of tribal existence by this state under this chapter |
|
or an earlier law is a prerequisite to the protection, services, and |
|
benefits of the state government available to Native American |
|
tribes by virtue of their status as tribes. |
|
(b) The tribe is eligible for the services and benefits from |
|
the state that are available to other federally recognized tribes. |
|
(c) To receive benefits, the tribe must meet the specific |
|
program requirements for programs for which it is eligible. |
|
Sec. 463.303. STATUS AS HISTORIC TRIBE; POWERS AND DUTIES. |
|
(a) The tribe is considered a historic tribe and is entitled to the |
|
privileges and immunities available to other state-acknowledged |
|
historic tribes by virtue of their state-to-tribal relationship |
|
with this state. |
|
(b) The tribe has the responsibilities and obligations of |
|
historic tribes. |
|
(c) The tribe is subject to the same authority of Texas laws |
|
and the United States as are other state-acknowledged tribes. |
|
SECTION 2. 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, 2021. |